Last updated: 27 August 2022

TERMS AND CONDITIONS

Welcome to Do Async!

By downloading, installing and using the SaaS (Software-as-a-Service) products offered by Do Async and available on the Atlassian marketplace and monday.com you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy and the Atlassian and monday.com Terms and Conditions and Privacy Policy. If you do not agree to all of these Terms, you may not use our SaaS products and services. In these Terms, "we", "us", "our" and "Do Async" refer to Do Async and "you" and “your" refer to you, the user of our SaaS products.

The following terms and conditions apply to the SaaS products ("SaaS products") offered by Do Async through the Atlassian marketplace and monday.com. This includes mobile and tablet versions, as well as any other version of Do Async that can be accessed via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING AND USING THE PRODUCTS.

Consult the terms and conditions of Atlassian here:

https://www.atlassian.com/licensing/marketplace/termsofuse

Consult the terms and conditions of monday.com here:

https://monday.com/l/seccion-legal/tos/

1. ELIGIBILITY

You may use the SaaS products only in compliance with these terms and conditions and all applicable local, state, national and international laws, rules and regulations.

Use of the SaaS products is available to all ages. In the case of minors, it is the responsibility of parents and legal guardians to determine whether use of the SaaS products or any of the content and functionality available in the SaaS products is appropriate for their child or ward.

Our products are available through the Atlassian Marketplace and monday.com, by downloading, installing and using our SaaS products, you agree to the terms and conditions of Atlassian and monday.com. When installing our products, Atlassian and monday.com may ask you to open an account and register as a user.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the SaaS products does not violate any applicable law or regulation. Do Async may, in its sole discretion, refuse to offer the SaaS products and services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the SaaS service and products is revoked in such jurisdictions.

By using the SaaS Products, you represent and warrant that you have the full right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that prevents you from agreeing to these terms.

2. ACCOUNT

If you download and install our SaaS products, you may need to open an account and register with Atlassian or monday.com depending on the platform from which you download our products. When you open an account and register, you will be asked to choose a password and may be asked for additional information about your account. You must choose and create a strong password. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Atlassian or monday.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without prior authorization from Atlassian or monday.com. Do Async will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Atlassian and monday.com with your email address and phone number, you agree that we may use your email address to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.

Users may cancel their accounts at any time and for any reason by following the instructions available on Atlassian or monday.com. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Atlassian or monday.com.

Atlassian and monday.com reserve the right to terminate your account or access immediately, with or without notice, and without liability to you, if Atlassian or monday.com believes that you have breached any of these terms, provided Atlassian or monday.com with false or misleading information, or interfered with the use of the SaaS products by others.

3. SUBSCRIPTIONS

Use of SaaS products can be free or through paid subscriptions. Subscriptions are available through the Atlassian marketplace and monday.com. Subscriptions will be paid and renewed through Atlassian and monday.com. Please refer to the Atlassian and monday.com website for the features of each subscription before making a purchase on these platforms. Atlassian and monday.com are responsible for billing subscriptions, please refer to their terms and conditions. Do Async may determine the price of subscriptions at any time, but the payment and billing process for subscriptions will be handled through Atlassian and monday.com.

4. OWNERSHIP AND LICENSES

The property rights of the SaaS products and methods used in the SaaS products belong exclusively to Do Async. Any physical or virtual exposure of the methods used in the SaaS products may lead to violations of Do Async' intellectual property rights.

Do Async gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the add-ons (SaaS products) provided to you by Do Async as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Do Async, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.

The user agrees not to use the SaaS products and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Do Async or third parties.

The following activities are prohibited: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with obscene or offensive content (5) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (6) distribute intellectual property without ownership or a license to distribute such property (7) Breach, in any way, the terms of service, privacy policy or rules of this SaaS products or the recipients.

Do Async reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Do Async believes that you have violated any of these terms or interfered with the use of the SaaS products or service by others.

5. USER CONTENT

Some features of the SaaS products may allow users to provide and share information. You retain any rights you may have in the content and information you share and provide through the SaaS products. Do Async is not responsible for the accuracy, security or legality of the content and information you provide through the SaaS products. User is solely and exclusively responsible for its content and information. Do Async shall have no liability whatsoever for the content and information provided by users in the SaaS products.

6. USER CONTENT REPRESENTATIONS AND WARRANTIES

Do Async disclaims all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content through the SaaS products. By providing user content through the SaaS products, you affirm, represent and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents and permissions to authorize Do Async to use, modify and store your user content in the manner contemplated by Do Async and these Terms.

b) Your user content, and the use of Your user content as contemplated by these Terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Do Async to violate any law or regulation.

c) Your user content may not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.

d) Your user content does not and will not contain hateful content, threat of physical harm or harassment.

7. USER CONTENT DISCLAIMER

We have no obligation to edit or monitor any user content that you or other users provide through the SaaS products, and we will not be in any way responsible or liable for any User content. However, Do Async may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that by using the SaaS products, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Do Async with respect to user content. If a user or content owner notifies us that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Do Async does not permit copyright infringing activities on the SaaS products.

8. CONTENT REVIEW

Do Async does not control and has no obligation to monitor (a) User content; (ii) any content made available by third parties; or (iii) the use of the SaaS products and the content provided by its users. User acknowledges and agrees that Do Async reserves the right to, and may from time to time, monitor any and all information transmitted or received through the SaaS products for operational and other purposes. If at any time Do Async decides to monitor content, Do Async continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.

9. DISCLAIMER

By accessing the SaaS products and using the functionalities available on the SaaS products, you accept personal responsibility for the use of the SaaS products and the functionalities available on the SaaS products. You agree that Do Async does not guarantee the results of any action taken, advised or not by this SaaS products. You acknowledge that your ultimate success or failure using the functionalities of the SaaS products will be the result of your own efforts and actions, your particular situation and other circumstances beyond Do Async's control. Your use of the SaaS products and the functionality available on the SaaS products is at your own risk and responsibility.

10. COPYRIGHT

All materials on Do Async, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Do Async or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Do Async are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Do Async prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Do Async or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

11. COPYRIGHT COMPLAINTS (DMCA)

Do Async will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Do Async respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Do Async SaaS products infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  2. A statement specifically identifying the location of the infringing material, with enough detail that Do Async may find it on the “Do Async” website.  Please note it is not sufficient to merely provide a top-level URL.
  3. Your name, address, telephone number and e-mail address.
  4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. RESPONSIBILITIES

Do Async provides and maintains the SaaS products "as is", "as available" and does not promise that the use of the SaaS products will be uninterrupted or totally free of errors.

We cannot offer any other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.

You shall be responsible for any breach of these terms by you and if you use the SaaS products in violation of these terms you shall be liable and shall reimburse Do Async for any loss or damage caused as a result.

Do Async shall not be liable in any amount for the breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fires, floods, wars or acts of God.

Subject to the foregoing, to the maximum extent permitted by law, Do Async excludes liability for any loss or damage of any kind whatsoever, including without limitation any direct, indirect or consequential loss, whether or not arising from any problem you notify Do Async and Do Async shall have no liability to pay any money by way of compensation, including without limitation all liability in connection with:

  • Any incorrect or inaccurate information on Do Async' SaaS products.
  • The infringement by any person of any intellectual property rights of any third party caused by the use of the SaaS products or any product purchased through the SaaS products.
  • Any loss or damage resulting from your use or inability to use the SaaS products or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
  • Any loss of profit, wastage, corruption or destruction of data or any other loss not directly resulting from something we have done wrong.
  • All representations, warranties, conditions and other terms that would otherwise be effective are set forth in this notice.

13. PROHIBITED ACTIVITIES

The content and information available on the SaaS products (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Do Async by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the SaaS products. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission.
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any part of the application for any purpose without our express written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Do Async.
  • Evade, disable or otherwise interfere with security-related features of the SaaS products or features that prevent or restrict use or copying of any content.

14. INDEMNIFICATION

You agree to defend and indemnify Do Async and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the SaaS products.

15. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Do Async for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

16. CHANGES AND TERMINATION

We may change the SaaS products and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the SaaS products constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

17. PERSONAL DATA

Any personal information you submit in connection with the use of the SaaS products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

18. INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by Do Async, shall constitute the entire agreement between you and Do Async concerning and governs your use of the SaaS products.

19. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these terms and conditions or the use of the SaaS products shall be resolved by binding arbitration between you and Do Async, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with your use of the SaaS products or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization, as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Do Async may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the SaaS products.

20. FINAL PROVISIONS

These conditions are governed by the laws of Germany and the European Union. Use of our SaaS products is not authorized in any jurisdiction that does not give effect to all of the provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our SaaS products or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

21. CONTACT INFORMATION

If you have any questions or concerns about these Terms, or our products, please contact us using the contact information below:

Do Async

Anton Versal

Dolziger str 4

10247 Berlin

Germany

E-Mail: [email protected]