MY DORO MANAGER AND DORO SOFTWARE TERMS AND CONDITIONS
This is a binding legal agreement (“MDM Agreement”) between you (“you/r” or “user”) and Doro AB, a company organized under the laws of the Kingdom of Sweden with company registration number 556161-9429 at the Swedish Companies' Registration Office (Bolagsverket).
(“Doro,” “us,” “we” or “our”), with our corporate headquarters located at Magistratsvägen 10, S-226 43 Lund, Sweden. User and Doro are referred to herein, each, when separately, as a “Party,” or when collectively, as the “Parties.”
By using the Doro MDM web site, currently, www.mydoromanager.com (the “MDM Site”) and/or using any of the services accessible through the MDM Site or otherwise (the “Services”), and/or by establishing an account on www.mydoromanager.com (the “Account”), You agree to be bound by the MDM Agreement whether or not you ultimately ever use the My Doro Manager or My Doro Manager for Relatives (referred to herein collectively as “My Doro Manager” or “Application”), or any associated software (“Doro Software”) or any of our Services. If you do not agree to be bound by the MDM Agreement, you are not permitted to use the MDM Site or our Services.
The terms and conditions for My Doro Manager reflected herein are together with the Privacy and Legal Notice (found at www. dorocanada.com/legal), are the terms and conditions that govern your use of My Doro Manager and the Doro Software (the “Terms”). By downloading, installing or otherwise using My Doro Manager and/or the Doro Software, and/or by establishing your Account on the MDM Site, you agree to be bound by these Terms. Please make sure that you have read and understood these Terms before using My Doro Manager.
If you do not agree to be bound by these Terms, you are not permitted to use My Doro Manager application, any Doro Software, the MDM Site, or any of our Services. Please contact your retailer or Doro for further information. You should review the Site from time to time for any revised Terms.
Doro reserves the right to modify the Site or revise the Terms at any time and at its sole discretion and also reserves the right to offer additional Services or modify or cancel any of the Services or the MDM Site at its sole discretion.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING USE OF THE MDM SITE AND OUR SERVICES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW ANY DISPUTES SHALL BE RESOLVED.
I. TERMS AND CONDITIONS
The MDM Agreement is an electronic contract that details the legally binding terms and conditions of your use of the MDM Site and your use of the Services. By checking the box on the last page it shall serve as your legally binding electronic signature and represents that you have read and accepted the entirety of the Terms of the MDM Agreement as well as Doro’s Privacy and Legal Notice statement.
1. Modification of Terms
The MDM Agreement may be modified by Doro at any time and at the sole discretion of Doro. Any modification shall be effective once posted to the MDM Site and accepted by the user. You agree to be bound to any changes to the MDM Agreement when you accept the changes before you continue to use the Services or the MDM Site. If you decline the changes, you may not access the Services or to the MDM Site. You are only authorized to use the Services if you agree to abide by all applicable laws and to the MDM Agreement.
In the event that you refuse to accept such modifications, Doro shall have the right to any or all of: (i) to refuse renewal of your Account, (ii) to terminate your access to Services, (iii) terminate the MDM Agreement with you in its entirety, and (iv) terminate your Account.
II. THE DORO SOFTWARE
2. Requirements to Use the Doro Software
Use of the Doro Software requires the following three pre-requisites: 1) a Doro mobile phone embedded with the My Doro Manager package; 2) a Smart phone or personal computer that can be downloaded with and operate the My Doro Manager for Relatives software package as purchased from any online application vendor authorized to sell the My Doro Manager For Relatives software package for Smart phone operating systems or personal computers; and 3) access to the Internet.
The Doro Software consists of such software that is currently pre-installed on Doro mobile phones to operate the My Doro Manager and/or My Doro Manager For Relatives software package.
Please note that the use of the Doro Software can be affected by your hardware and chosen operating system.
III. THE MY DORO MANAGER and MY DORO MANAGER FOR RELATIVES APPLICATION
3. Requirements to Use the My Doro Manager and My Doro Manager for Relatives
Use of the My Doro Manager and My Doro Manager for Relatives requires: an Account, a supported device, the My Doro Manager and My Doro Manager for Relatives software application (collectively “the Application”), and access to the Internet.
4. Service Fee
The Application is licensed to you either free of charge, free of charge during a limited period, or for a license fee.
If the Application is provided to you free of charge or free of charge for a limited period, you will have the option to renew the Application and pay the applicable Application fee, or to stop using the Application when such limited period ends. The Application needs to be renewed within the specified time interval or else it shall be terminated.
If you chose not to renew the Application, Doro shall terminate your Account and you shall no longer be able to use the Application. Additionally, you will only be able to use a limited version of the Application on your device. No updates of the Application will be provided to you and you will only be able to access a restricted number of Application functions on your device.
5. Your Account
You agree to provide accurate and complete information when you register your Account and to update your registration data in your Account when needed to keep it accurate.
You may share your login and password with other persons, but you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. Doro is not responsible for any losses arising out of any unauthorized use of your Account.
6. Agreements and Transactions Electronically
Your use of the Account includes the ability to enter into agreements and to make transactions electronically. You acknowledge that your electronic submissions constitute your assent and you agree to be bound by and to pay for such transactions.
You submit an order by selecting “buy”, “ok”, “I accept” or other similar confirmation of acceptance. All orders are subject to acceptance by Doro. You agree that, once accepted by Doro, all orders, shall be legally valid and binding.
You may pay by credit card or other payment methods if accepted by Doro.
You have the right to withdraw a transaction without charge until delivery of the Application has started. You may not withdraw from a transaction once delivery of the Application has started.
10. Application Download
You may, if supported by the software, use the Application to download software applications. Some of the software applications are offered and supported by Doro while others are made available by third parties. Doro is not responsible for any software applications that originate from third party sources. Use of software offered by a third party may be subject to separate terms and conditions.
Some software applications may be made available to you free of charge while other software applications may be downloaded for a fee. You agree that you shall pay the fees for all software applications that you download, with the exception of any software applications made available to you free of charge.
11. Defective Application Software
In the event that you discover that (i) an Application is defective, (ii) an Application does not match the description of the Application you ordered, or (iii) technical problems delayed or prevented delivery of an Application, your sole and exclusive remedy shall be either replacement of the Application or refund of the price paid for the Application, as determined by Doro. You must notify Doro of any defect or occurrence described above within twenty (20) days of becoming aware of such defect using the Notice provisions provided herein.
12. Submission and Storage Capacity
The Application allows you to synchronize and to send and store photos and other files either between third parties or your relatives. A specific amount of storage space of one (1) gigabyte (GB) is allocated per Account and may be subject to change from time to time at Doro’s sole discretion without prior notice to you. Additional storage space may be provided as an extra storage service for a fee.
If you have limited use and choose not to renew your Account, Doro shall take reasonable steps to preserve your stored data for thirty (30) days after the termination date. If you renew your Account within that thirty (30) day period, your stored data shall still be available in your Account. If you terminate your Account and you do not renew it within such thirty (30) day period, your stored data shall be deleted from your Account. Your data may still be available on your device, but no back-up copies or data shall be available from Doro.
13. Collection and Processing of Data
Doro’s Privacy and Legal Notice statement reflects the terms and conditions for how Doro collects, processes, stores, and shares personal information provided by you or on your behalf as well as information compiled by Doro, and specific dispute resolution procedures concerning privacy issues, can be found at www. dorocanada.com/legal .
Doro’s Privacy and Legal Notice statement applies to all personal information received by Doro in Canada, the United States of America from the European Economic Area (“EEA”) and from Switzerland, in any format, including electronic, paper or verbal. For personal information Doro receives from the EEA or Switzerland, Doro has committed to handling such personal information in accordance with the Safe Harbor Principles. See www. dorocanada.com/legal .
IV. GENERAL PROVISIONS
14. Grant of Limited Use of MDM Site and Services
In consideration of the obligations created by your acceptance of the Terms of the MDM Agreement, we hereby grant to you a personal, revocable, non-exclusive, non-assignable, non-transferable license for the limited duration of the MDM Agreement to use the MDM Site and Services, provided however that such MDM Site and Services are used solely and strictly for your own personal use. You agree to only install and use only one copy of the Doro Software and the Application on a single device. Some of the components of the Doro Software and the Application may be governed by applicable open source software license. For open source licensed software, applicable open source license terms shall apply.
15. Permitted License Use and Restrictions
You are solely responsible for, and assume all liability regarding the accuracy and truthfulness of all information and content you provide, publish, post, transmit, communicate, or otherwise make, have made, or fail to make available through the MDM Site and Services (“Content”). You are also responsible for, and assume all liability regarding your interactions with, any other users through our MDM Site and Services. You assume all risk when using the MDM Site and Services, including but not limited to, all of the risks and consequences associated with any online or offline interactions by and between any other persons or entities.
You are expressly prohibited from actions undertaken to modify, reproduce, display, publicly perform, republish, sell, dispute, or use our MDM Site and Services in any way for any public or commercial purpose not expressly provided for under the MDM Agreement. You shall not use any automatic or manual processes to monitor or copy the MDM Site and any of its content, nor may you use any monitoring software to extract information about usage or any users, including your own. You shall not provide, distribute, share, offer, replicate, or produce the contact information of any other user to any individual whether in writing or verbally or by any electronic means.
You are bound to use this MDM Site and Services for their intended purpose and not for any other uses or purposes.
You agree to use the Doro Software and My Doro Manager only for purposes that are permitted by the Terms and any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions. You are bound to use this MDM Site and Services for their intended purposes and not for any other uses or purposes.
16. Fees and Renewal
The Doro Software and Application may be provided to you by any of being provided for free, provided for free during a limited period of time, or provided for a fee.
If provided for a fee, we shall bill you for your specified fee for access and use of the Services in conjunction with our standard of pricing that is detailed on our MDM Site. Failure to timely pay the fees when due pursuant to the payment protocols provided herein shall result in default and shall constitute a material breach of the Terms of the MDM Agreement.
There shall be no cancellations, partial or full refunds, or any other form of returns of your fee payment once received, as all purchases shall be deemed final. All orders placed on the MDM Site shall be processed when you complete the checkout process. Any default in payment entitles us to immediately suspend access to your Account until payment is received and/or entitles us to terminate the MDM Agreement and delete any or all of your Content.
We may at any time, upon notice required by applicable law, change the pricing of our fees or institute changes or impose or eliminate additional fees. The application of these changes shall be implemented during renewal period and to all new Parties after the effective date of change.
Where the Doro Software and/or My Doro Manager are licensed to you free of charge for a limited period of time, you shall have the option to renew the license and pay the applicable license fee. The license needs to be renewed within the specified time interval. If you choose not to renew the license, you shall only be able to use a limited version of the Doro Software and My Doro Manager and only access a restricted number of applications on your device.
The Services are available at different increments with a maximum of one (1) year term of access (“Term of Access”). Once your Term of Access to our Services has ended, you shall no longer be able to access our Services unless you renew your license.
We may also offer other promotional offerings from time to time, and if you become a licensee by using a promotion code, the promotional price is effective for the period stated on the promotional code. After the promotional period has expired, the license fee then in effect shall apply.
You may cancel your license to the Services at any time during your Term of Access. Such cancellation of Services shall be in writing and you shall not receive a refund for any unused or forfeited Term of Access.
17. Software Upgrades
The Doro Software and My Doro Manager shall update automatically on your device from time to time without additional fee once a new version is available. No updates shall be made if we determine that you are using a limited version of the Doro Software and/or My Doro Manager.
The Doro Software and My Doro Manager may include in-app advertising.
19. Representations and Warranties
By providing any Content to Doro whether within or without the MDM Site, you represent and warrant that:
i. You have the lawful right to reproduce and distribute such Content.
ii. Any and all Content provided by you is true, accurate, and complete, and
that you shall notify us promptly of any changes to such Content, including but not limited to a copy of an authentic and valid government issued identification card, such as a Driver’s License, or national identity number card, or the equivalent.
iii. The publishing, posting, uploading, or transmission by any means of the Content shall not constitute a criminal offense, violate the rights of any party or violate any local, state, national, or international laws.
iv. The Content that you submit is not unlawful, threatening, harmful,
abusive, vulgar, harassing, obscene, defamatory, indecent, libellous, tortious, hateful, or invasive of another person’s rights and privacy, as well as not racially, ethnically, lifestyle-wise, or otherwise objectionable.
v. You shall not knowingly infringe on the intellectual property rights or other statutory rights of any third party by any of the Content you submit.
vi. You shall not impersonate or misrepresent any other person or entity or use a false name or a name that you are not authorized to use.
20. Termination of the License
Doro shall notify you if in its sole opinion it considers that you have materially breached or otherwise failed to comply with the Terms. In such case the license to use the Doro Software and My Doro Manager shall automatically terminate at our sole discretion. In such event, you shall cease all use of the Doro Software and My Doro Manager and destroy and/or permanently delete all copies of the Doro Software and My Doro Manager and all of its component parts.
We reserve the right to decline any license application from you, at our sole discretion, and to suspend or terminate your use of the Services for any failure or perceived failure of any of the aforementioned Terms and representations and warranties. We are not liable or responsible for any Content provided by you or by anyone authorized by you. We reserve the right at all times to determine whether Content provided by you is appropriate and in compliance with the MDM Agreement, and we may modify or remove Content at any time, without prior notice and at our sole discretion, if we find or determine that the Content is in non-compliance with any of the Terms of the MDM Agreement.
21. Intellectual Property Rights
Doro, its suppliers, affiliates, partners, and licensors if any, own and retain all rights, titles and interests in the MDM Site and Services, and any Doro Software, including but not limited to, its own content, original works fixed in tangible medium of expression, trademarks, service marks, trade names, trade secrets, inventions, conceptions, ideas, text, graphics, logos, images, gifs, domain names, gTLDs, data compilations, and any other intellectual property rights related to the use and access of the MDM Site and/or Services, and shall be the sole property of Doro, its suppliers, affiliates, partners, and licensors. All Rights Reserved under the applicable laws of the United States of America and/or all international copyright laws and treaties.
Our information and data on our MDM Site or in our Services may not be used, reproduced, duplicated, copied, sold, resold, or modified, in full or in part, for any purpose, without the express written permission of Doro.
22. Disclaimers and Exclusions
The MDM Site and/or Services provided under the MDM Agreement are provided on “AS IS” and “WHERE IS” bases. Any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed in their entireties. In no event shall Doro or any of its designees or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use; data or profits; or business interruption) however caused and under any theory of liability, whether in contract, strict liability, equity or tort (including negligence or otherwise) arising in any way out of the use of our MDM Site and/or Services, and any Doro Software, even if advised of the possibility of such damage.
To the maximum extent permitted by applicable law, Doro and its suppliers shall in no event be liable for any special, incidental, indirect, or consequential damages or losses whatsoever or (whether the same are direct, indirect or consequential) for any loss of business, revenue or profits, loss of data, business interruption, loss of business information, or for any other pecuniary loss arising out of the use of or inability to use the Doro Software.
The maximum total liability of Doro to you for any loss or damage arising under or in connection with the MDM Agreement shall be limited to the price paid by you for the Doro Software.
Nothing in these Terms shall limit or exclude Doro’s liability for death or personal injury caused by Doro’s intentional negligence, or for fraud or fraudulent misrepresentation.
Doro does not warrant that operation of the Doro Software or My Doro Manager shall be uninterrupted or error free, or that functions in the Doro Software or My Doro Manager shall operate in combination with any hardware not provided by Doro.
23. Force Majeure
Doro is not responsible for failure to perform any of its obligations under the Terms, where such failure is due to an event that is beyond Doro’s reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, terrorist activity and acts of God.
24. Hold Harmless Provisions
You agree to hold Doro, its subsidiaries, and affiliates, and its and any and all of their officers, designees, partners, representatives, and employees, harmless, without limitation, against any claims, proceedings, actions, costs, damages, expenses, liability, losses, and demands, including reasonable legal expenses, made by any third party due to or arising out of your breach of or failure to comply with the MDM Agreement, including any breach of your representations and warranties contained herein, any Content you provide while using the Services and/or the MDM Site, and any Doro Software, and the violation of any laws or regulations by you.
25. Dispute Resolutions
With the exception of any dispute concerning privacy issues under Doro’s Privacy and Legal Notice (found at www. dorocanada.com.us/legal ), if any dispute arises between any user and Doro concerning the MDM Agreement, our MDM Site and/or Services (“Dispute”), representatives of the Parties shall promptly meet within the boundaries of Stockholm, Sweden, unless otherwise agreed by the Parties, as soon as reasonably possible, but not later than forty-five (45) days after the sending of a written notice under the Notice provisions herein of a Dispute and the Parties shall engage in good faith negotiations aimed at resolving the Dispute (“Good Faith Negotiations”). If the Parties are unable to resolve such Dispute satisfactorily within forty-five (45) days from the date of receipt of such written notice of a Dispute, either Party may submit the Dispute to arbitration by serving the other Party with a written notice of the intention to arbitrate, as provided for below. Any Dispute that has not been resolved in accordance with Good Faith Negotiations above shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed $100,000 USD. Where the amount in dispute exceeds $100,000 USD, the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute does not exceed $1,000,000 USD. Where the amount in dispute exceeds $1,000,000 USD, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration. The place of arbitration shall he held within the boundaries of Stockholm, Sweden, unless otherwise agreed by the Parties. The prevailing Party in any such arbitration shall also be entitled to an award of its reasonable attorneys’ fees and all other fees and expenses related to such arbitration including for experts, disbursements, discovery costs and the fees and expenses of the arbitration itself. The language to be used in the arbitral proceedings shall be English.
26. Governing Law
The MDM Agreement shall be interpreted, construed, and governed by the substantive law of the United States of America for federal question issues and the state, municipal, and Chancery laws of the State of Delaware for all other legal issues the laws of the State of Delaware, USA, without reference to its laws relating to conflicts of law and not including the provisions regarding the international sale of goods.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
27. Exclusive Jurisdiction
The Parties irrevocably submit to the exclusive jurisdiction of the federal, state, municipal and chancery courts of the State of Delaware over all disputes not otherwise subject to arbitration and to oversee any arbitration hereunder and enforce any arbitral awards.
Any notice or other communication required or permitted to be given or sent to Doro under the MDM Agreement shall be in writing in the English language, and shall be delivered personally to the following authorized person of Doro by prepaid express delivery service (such as FedEx), fax or email as follows:
Attention: Software & Privacy Compliance Designee
SE-226 43 Lund
Fax: (+46) 46 280 50 01
or sent to such other address, fax number or email address as Doro shall have communicated to the sending Party.
With respect to any notice or communication required or permitted to be given or sent to a user under the MDM Agreement, Doro shall take reasonable efforts to communicate in the language(s) in which Doro made the MDM Agreement available to user. You agree that Doro may provide notice or other information to you by posting it on the MDM Site, sending you an email to the address listed in your Account, mailing it to the postal address listed in your Account, hand-delivery to you, calling you via telephonic means, or sending you a Short Messaging Service (“SMS”) text message or via facsimile to the number provided in your Account.
Any Notice so addressed to the relevant Party shall be deemed to have been delivered (a) if delivered in person or by messenger, when proof of delivery is obtained by the delivering Party; and (b) if given or made by facsimile upon the receipt of a transmission report confirming delivery, or if made by email, upon receipt of such email being “opened” or “read” by a recipient.
29. Governing Language
The governing language of the MDM Agreement shall be the English language. No translations of the MDM Agreement into any language other than English shall be considered in any interpretation thereof, and in the event that any translation of the MDM Agreement is in conflict with the English language version, the English language version shall govern
30. Entire Agreement
The MDM Agreement shall constitute the entire agreement between the Parties respecting the matters hereto and supersede all prior, warranties, statements, promises, information, arrangements, or understandings, whether oral or written, express or implied, with respect to the subject matter of the MDM Agreement. No Party shall be bound or charged with any oral or written agreements, representations not specifically set forth in the MDM Agreement.
31. No Waiver
The failure by a Party to require performance of any provision of the MDM Agreement shall not affect that Party’s right to require performance of that or any other provision of the MDM Agreement at any time thereafter, nor shall a waiver of any breach or default of the MDM Agreement or of any provision of the MDM Agreement constitute a waiver of any subsequent breach or default or a waiver of the MDM Agreement or of any provision of the MDM Agreement.
Any provision of the MDM Agreement that is held or adjudged invalid, prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity, prohibition, or unenforceability, and shall be severed from the balance of the MDM Agreement, all without affecting the remaining provisions of the MDM Agreement or affecting the validity or enforceability of such severed provision in any other jurisdiction. The Parties agree in good faith to promptly reformulate any such invalid, prohibited, or unenforceable provision to preserve the original intentions and objectives of the MDM Agreement and to remove such illegality, invalidity, or unenforceability to the extent possible without materially reducing the value of the MDM Agreement to any Party.
33. Revision Date
The MDM Agreement was last revised on Dec 14, 2015.
I have read and understood Doro’s Software Agreement, the MDM Agreement and the Privacy and Legal Notice statement and agree to their terms and conditions: