Terms & Conditions
doo GmbH, Argelanderstr. 1, 53115 Bonn (hereinafter “doo”)
Welcome to doo! Before we start, we need to establish a solid, transparent and fair legal foundation for our cooperation. We have worked hard to make these General Business Terms and Conditions as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: firstname.lastname@example.org.
Now let us introduce doo. The doo team has developed a document management platform with apps for multiple devices. In a nutshell doo allows consumers as well as companies to find documents in all connected storage locations and from all document sources with the help of automatically generated intelligent tags. The optional sync allows you to access and work with your documents and information across multiple devices. With doo document management is incredibly easy, efficient and effective. The complete overview of the Platform (hereinafter “Platform” or “doo”) is available on our website under the following URL: https://doo.net.
These General Business Terms and Conditions (hereinafter “GTC”) plus potential Special Business Terms and Conditions (“STC”) as defined in section 1.4 below constitute the sole legal basis for consumers and companies (hereinafter singularly “User” or collectively “Users“) to access and use the Platform.
Under § 13 BGB [Buergerliches Gesetzbuch – German Civil Code] consumers are natural persons who enter into a legal transaction for a purpose that cannot be ascribed either to their commercial or to their independent professional activities. Minors under the age of 14 may not use the Platform without the permission of their parents or guardians.
Companies are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.
For certain applications within the Platform it may become necessary for doo to agree on additional Special Business Terms and Conditions (“STC”) with the User. These conditions will supplement the existing GTC, but can also deviate from them. In the event that they differ, the provisions of the STC shall take precedence over these GTC. doo will, of course, give timely notice to the User of the necessity of agreeing on STC prior to use.
To the extent that third parties (hereinafter “Partner Companies”) offer services using the doo Platform, the respective Partner Companies are solely responsible for such services. doo will inform the Users in a timely manner prior to such use that they are using offerings by Partner Companies for which the Partner Companies may possibly have their own general business terms and conditions.
These GTC are available on the Platform so that the User can read and download and save them on his/her Mac, PC or other devices.
Subject Matter of the Contract and Services Offered
The subject matter of this agreement is the provision of the Platform for the capturing, organization, management and synchronization of the Users’ digital documents and files across multiple devices. The Platform allows Users to connect local storage locations, i.e. folders with documents on a certain device, as well as cloud storage locations and other document sources such as e-mail. doo uses intelligent algorithms to extract text from each document or file in connected storage locations or from connected document sources as a basis for creating intelligent tags and for identifying connections between documents/files or between documents/files and other data such as date and time, or Geo-Data. If suitable, doo applies optical character recognition (OCR) to identify text in a document. Intelligent tags or other smart document organization services help the Users find documents and use the contained information in a simpler and more efficient and effective way.
If the User decides to activate the sync, the Platform can further make the User’s documents and information available in doo apps on various devices, which are connected to a User’s doo account. The features of the respective apps vary per operating system and device. In the future the Platform may comprise further services. Therefore, doo may provide the User with additional terms and conditions.
The use of the Platform in its basic version (hereinafter “Basic Version”) is free of charge.
In addition, doo offers one or several Premium Account categories (hereinafter “Premium Accounts”) which are subject to charge. Within the scope of Premium Accounts doo offers services and functions exceeding those of the Basic Version. These services are available for a fee. More detailed information is available in the description of the Premium Accounts, which the User can access under the following URL https://doo.net/premium.
The Platform may offer the User the opportunity to purchase services from Partner Companies or third parties. Upon accepting offers of this type, a contractual relationship arises that exists exclusively between the User and the respective Partner Company or third party. doo does not assume any responsibility whatsoever for the performance or services by these Partner Companies or third parties in general. The User will be informed in advance during registration for the respective service if there are any fees associated with the use of such services.
The User’s Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use the Platform are not the subject matter of these GTCs. Thus in order to be able to use the services of the Platform, the User must ensure under his own responsibility that Internet access and all other technical devices required are in place and must bear related fees himself.
The Platform will be available for use 24 hours a day and 365 days a year (“System Up-time”). doo guarantees an annual average software availability of 98 % (hereinafter “SLA”). If maintenance is required and the Platform will not be available because of this, doo will inform the Users of this in advance if possible. Platform and software outages due to maintenance will not be charged against the SLAs. doo will not be responsible for Internet and network- caused outages, in particular, it will not be responsible for outages during which the hardware and software cannot be accessed due to technical or other problems that are not under doo’s control (e.g. force majeure, third party negligence, etc.).
Rights and Duties of the User
The creation of a doo Account for connecting cloud storage locations or other document sources such as e-mail accounts as well as for the synchronization of doo apps across several devices requires User registration. The User shall provide correct and complete personal information when registering. He shall update this data if there are any changes. The provision of accurate and truthful information is also important in order to re-gain access to the account if the password is lost. The User can view and change his personal information and account settings (e.g. managing his password) at any time in the account settings. By activating the according Tick-Box the User makes a binding offer to enter into these GTC. In return doo will send the User a registration confirmation by email including a URL of these GTCs and -if the User is a Consumer- an explanation of his right of revocation and will activate the User’s account. The registration process is completed and the GTC between the User and doo concluded upon receipt of this confirmation email as well as the activation of the account by the User. There is no claim to the conclusion of the GTC. doo reserves the right to reject registration requests at any time on a case-by-case basis without an obligation to provide any reasons for such rejection. In that event doo will delete all information that has already been provided by the User.
The User’s account is password-protected. In order to protect the security of the User’s information to the greatest extent possible, the User shall ensure that his password is secure and not made accessible to any third party. The User shall be responsible for all transactions that are undertaken using his password and/or account and the User shall be responsible to doo for all use under his password and/or account unless it is proven that the password or the account was used by an unauthorized third party without any fault on the part of the User. The User shall inform doo immediately of any misuse of his password and/or account by email to email@example.com. Should the User have forgotten his password or should a third party have used his password, he can obtain a new password if the conditions for this are met. The employees of doo do not know the Users’ password and also will never request it from the User. Accounts are not transferable and all rights attached to the account and stored data are extinguished upon the death of the User.
The User shall use the Platform solely in compliance with applicable law, these GTC and potential STC, if applicable. In particular, the User shall ensure that the information he disseminates or makes publicly accessible via or in the context of the Platform do not violate (i) the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) do not violate applicable law (e.g. child protection legislation) in any other way. If data or content entered, disseminated and made publicly accessible by the User involves personal data of third parties, the User shall be responsible for obtaining the consent of the affected individuals. The User shall not spy on or impede other Users on doo while using the services, nor use the services for anything other than their intended purposes or use them in any way that interferes with or overloads technical operations. In particular, the following is not permitted:
Disseminating content or making content publicly accessible that contains programs or files that can damage the hardware or software of doo or other Users (e.g., viruses, worms, Trojans and the like)
Disseminating content or otherwise making content publicly accessible by email or by other means that is harassing, defamatory, threatening, obscene, hate-inciting, racist or is in any other way legally objectionable
posing as another person in the services, e.g. as a representative of doo or in any other way as someone responsible for the service, or falsely laying claim to a relationship to such persons
falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services
Disseminating content or otherwise making content publicly accessible by email or by other means that the User has no right to transmit (e.g. based on a duty to maintain confidentiality, or the like)
Disseminating content or otherwise making content publicly accessible by email or by other means that violates the rights of third parties, in particular, patents, trademarks, copyrights, including the rights of photographers, film-makers, composers and interpreters of musical works, etc., business secrets or other proprietary rights
Disseminating by email or by other means commercial advertising, junk mail, unsolicited mass email (“spam”), chain letters or pyramid schemes or otherwise making these publicly accessible
Using the services of doo for or in the context of any unlawful activity
Disrupting the service’s technical operations or interrupting the normal flow of communications
interfering with the services or with the server or network associated with the services, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.
The User shall ensure the proper security of the content he has made public, stored, transmitted or received in connection with the services
If a User who is a Consumer violates these rules, doo reserves the right to warn the User, to immediately block the account of the User temporarily or irrevocably with or without warning or, if necessary, even to exclude the User completely from using the Platform.
doo has the right to remove and irrevocably delete unlawful content immediately.
In the event of a serious breach of duty by a User that is a company under this Agreement and in case of repeated violations doo reserves the right at its sole discretion to discontinue the use of the services by the User under this Agreement either wholly or temporarily or to terminate the contractual relationship for cause and without observing a notice period. The costs that doo actually incurs through these measures can in each case be charged to the User. If the User is responsible for a violation of the law, then the User shall be obligated to compensate doo for any resulting cost, injuries or losses.
Rights and Duties of doo
doo shall have the right to access User’s content, and if necessary transmit it to third parties or delete it to the extent that doo is legally obligated to do so, or that this is necessary and legally permissible to fulfill this agreement, in order (a) to comply with legal requirements or orders by a court or a public agency, (b) to ensure compliance with these GTC or potential STC, if applicable, (c) to respond to a claim of an infringement of rights by a third party, (d) to protect the rights or personal safety of other Users, the public or of doo or (e) to assist the User with technical problems with his account.
We shall treat registration information as well as all other information regarding your person (”Personal Data”) as confidential and shall process and use Personal Data solely in accordance with the legal provisions in effect. You will find additional information on how we use your Personal Data in our Data Protection Policy under the following URL: https://doo.net/policy
In the event of the termination of a service, the data stored for the User will be deleted effective as of the termination unless its continued retention is required by applicable law.
doo protects all User data and documents by means of back-ups. doo uses a firewall in order to thwart or prevent unauthorized access to the Users’ data, and the transmission of harmful information, especially viruses, to the extent that this is possible through reasonable financial and technical efforts. If a threat cannot be eliminated by technical and financial means with a reasonable likelihood of success, then doo has the right to delete User data with harmful content.
Content that has been made publicly accessible, as defined in Sec. 6.1, on the Internet, i.e. also including content the User has published or disseminated with the help of or in connection with the services of doo, may be accessible worldwide. Consequently it is the responsibility of the User to make sure that the content that has been made accessible by the User does not violate the applicable law.
The User agrees that any documents and data placed by the User into her/his doo account shall be her/his sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
Grant of Rights
doo may also introduce services and functions for the private and public sharing of documents and data. The services of doo may therefore cover areas that are publicly accessible in addition to those that are not publicly accessible. Within the meaning of these GTCs “publicly accessible areas” are those areas that are accessible to anyone via the specific URLs of the documents or data. “Areas not accessible to the public” are those areas that are accessible only to individual Users, i.e. data that is not shared, or only shared in closed User groups.
By placing documents and data in your doo account, you grant doo a worldwide, royalty-free, non-exclusive license to store, reproduce, adapt and, if explicitly ordered by the user, publish and publicly display such documents and data on the Platform solely for the purpose for which such documents and data was submitted or made available to doo, without any obligation to you to place documents and data in your doo account or to use the Platform.
By placing such documents and data on areas of the Platform that are accessible by the public or other users, you are representing that you are the owner of such documents and data and/or have all necessary rights, licenses, and authorization to distribute it.
doo grants you a personal, non-exclusive, non-transferable, limited license to use the doo Apps as provided to you by doo as a part of the Platform and in accordance with this agreement.
The User holds doo harmless from all claims, including claims for damages that other Users or other third parties, including public agencies (“Third Parties”), assert against doo on account of a violation of their rights by the content uploaded by the User into or with the help of his account. Moreover, the User holds doo harmless from all claims, including claims for damages that other Users or Third Parties, assert against doo on account of a violation of their rights due to infringing or false statements made in or with the help of the account of the User. The User shall assume all reasonable costs, including the reasonable costs incurred for legal defense that accrue to doo as a result of the User’s violation of the rights of other Users or Third Parties. All further rights as well as claims for damages on the part of doo shall remain unaffected. The User has the right to prove that doo actually incurred lower costs.
The above duties shall apply only to the extent that the User is responsible for the infringement in question; that is, he has knowingly and intentionally committed this [act] or has ignored the standard of due care required in normal business practice.
Payment and Invoicing of Premium Accounts
Depending on the payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term (hereinafter: “Minimum Term Agreements”).
The payment for the use of Premium Accounts shall be undertaken by the User on a monthly or annual basis and is calculated according to the prices currently in effect for Premium Accounts, which can be accessed at this URL: https://doo.net/premium.
If Users change to another Premium Account category, this will not constitute termination but an alteration of this agreement. The conditions of payment and your rights will simply be adapted to your new Premium Account category.
Minimum Term Agreements will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your account beforehand by deleting it or by downgrading it to free use. If you terminate or downgrade a Premium Account, the original agreements will run to the end of the agreed term and will then no longer be extended. Reimbursement of already-paid fees for the current term is not possible.
The monthly payment shall fall due at the day, the User upgrades to a Premium Account and, subsequently, on that day of each subsequent month in advance. Similarly, the annual payment shall be due on the day the User upgrades to a Premium Account and on that day of each subsequent year in advance.
All payments and prices are understood to include the statutory value-added tax currently in effect at the time, unless specifically noted at: https://doo.net/premium.
Invoices will be issued electronically. The user consents in the electronic issuance of invoices. If the user is a company he can withdraw his consent at any time by written notice. In this case, doo reserves the right to terminate the agreement for the use of the Platform with immediate effect.
The User can only assign claims arising out of this agreement to third parties with the written consent of doo.
If a User is in arrears with fees for a Premium Account under this agreement, doo reserves the right to block access to the Platform. In this case the User shall remain obligated to pay the monthly payments. The blocking will be lifted only when the User has caught up on his payments.
If the User is in arrears with fees for a Premium Account for two successive months or if the User is in arrears with a total amount equaling the payment for two months, doo reserves the right to terminate the agreement for the use of the Platform and to delete the account and data without notice.
doo reserves the right to assert additional claims for late payment.
Term of the Agreement, Termination
The Agreement is concluded for an indefinite period.
These GTC for the use of the Platform can be terminated by the User at any time by deleting her/his account. If the account is deleted, the associated content is deleted completely, immediately and irrecoverably.
doo can terminate the GTC for Platform use by due notice with a notice period of 30 calendar days.
The right to extraordinary termination without notice for good cause remains unaffected. Good cause exists for doo especially if the User violates material duties under these GTC or potential STC, if applicable, in particular those under Section 3 of these GTC. In such a case doo has the right to exclude the User from the use of any or all services at present and in the future without any advance notice.
Notice of termination may be given in textform, i.e. also by email. In the event of a termination of the GTC and potential STC, if applicable, for Platform use by the User or doo, doo has the right to delete the User’s account and all the content associated with it. doo will make sure that the User can export his content at any time before the deletion of the account and the deletion of the documents and data. The User then has the opportunity to export his/her uploaded documents within 30 days. Thereafter all data of the User is deleted irrecoverably.
For the use of Premium Accounts special rules may apply; these are set forth in the respective applicable STCs.
If the User does not use her/his Basic Account for three (3) months, doo can either set the Account to inactive or terminate the agreement for Platform use and delete all User data as well as the User’s documents in the doo Account with a prior notice period of 30 calendar days.
Liability for Defects
doo is solely liable for defects in performance under the provisions of section 11 of these GTC.
A defect exists if suitability for use in accordance with these GTC and potential STC, if applicable, has been nullified or significantly diminished. If suitability for the contractual use is completely nullified, the User is released from payment of compensation under section 8 until the elimination of the deficiency. In case of partial unsuitability the compensation shall be reduced to a reasonable level for the period up until the elimination of the defect.
The User shall inform doo immediately by email of any defect.
The User shall assist doo without compensation in the elimination of the defects, and shall, in particular, furnish it with all necessary information, documentation, etc. that doo requires for the analysis and elimination of the defect.
The User shall have no claim for damages for any defects in the software that existed at the conclusion of this agreement or that arise later due to any circumstance for which doo is not responsible.
doo’s liability for the use of the Basic Version free of charge is limited to intent and gross negligence or the absence of a guaranteed quality. In the case of intent doo shall be liable in the full amount; in the case of gross negligence and the absence of a guaranteed quality, liability shall be limited to the amount of the typical and foreseeable injuries or losses. Any further liability shall be excluded. Liability under the Products Liability Act remains unaffected.
doo’s liability for the use of Premium Accounts subject to charge is governed by the following provisions. The User can assert damage claims based on injury to life, bodily harm, damage to health or from the breach of material contractual obligations (cardinal duties) as well as liability for other damages attributable to an intentional or grossly negligent violation of duty by doo, its legal representatives or agents. Cardinal duties within the meaning of these GTC are such duties that are essential for duly performing this agreement and achieving its purpose and the observance of which the User can thus regularly rely on. Claims for damages by the User are otherwise excluded. In the case of a breach of material contractual duties doo is liable only for typical, foreseeable contractual injuries or losses if these were caused by simple negligence, unless the User claims for damages arising out of injury to life, bodily harm or damage to health. Liability for claims under the Products Liability Act remains unaffected. doo is liable for the loss of data only up to the amount that would have been incurred for recovery if the data had been backed up properly and on a regular basis. There is no further liability on the part of doo. In particular, there is no liability of doo for initial defects to the extent that the conditions of sections 11.2 and 11.3 are not met. The limitations of section 12.2 paragraphs 2 and 3 also apply to the benefit of the legal representatives and assistants of doo should claims be made directly against them. With respect to companies, claims for liability for injuries or losses not based on injury to life, bodily harm or damage to health and for which slight negligence has not been excluded, will become time-barred within one year commencing with the origination of the claim.
doo will publish explanations or notices to the Users via the Platform or will send them to the Users by email.
The User is asked to report violations of his copyrights to doo’s legal department. In the process doo requests that the following information be made available:
an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right
a description of the copyright protected work with respect to which, in their opinion, rights were infringed
a description of where the material is located that, in their opinion, infringes on copyrights
their address, telephone number and email address
their declaration that to the best of their knowledge and belief the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law
their declaration in lieu of an oath that the foregoing information is truthful and that they are the holder of the copyrights or are authorized to act in the name of the copyright holder.
The User can reach the Legal Department via email to: firstname.lastname@example.org
Instructions on the Right of Revocation for Consumers
As a consumer a User is entitled to the following right of revocation:
Right of Revocation
You can revoke your contract declaration in text form (e.g., letter, fax, email) within 14 days without stating any reasons. This time period commences after receipt of this instruction in text form, but not prior to entering into the contract and also not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the EGBGB (Einführungsgesetz zum Buergerlichen Gesetzbuch—Introductory Act to the German Civil Code) and also not before fulfilling our duties under § 312g (1) sentence 1 of the BGB (Buergerliches Gesetzbuch—German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to satisfy the revocation period. The revocation is to be directed to:doo GmbH, Argelanderstr. 1, 53115 Bonn, Germany
Consequences of Revocation
In the case of an effective revocation the performances received on both sides are to be returned and any benefits that may have accrued are to be surrendered. If you are unable or are able only in part to return or surrender to us the performance and benefits received (e.g. the advantages of use), or are only able to do so in deteriorated condition, you must compensate us to this extent. This can result in you nonetheless having to fulfill the contractual payment obligations for the period up until the revocation. Obligations to refund payments must be fulfilled within 30 days. The time period commences for you upon sending your declaration of revocation; for us it begins with its receipt.
Your right of revocation will expire early if the contract has been fully performed by both parties at your express request before you exercised your right of revocation.
End of the Instructions on the Right of Revocation
Section 14.1 does not apply to companies.
The law of the Federal Republic of Germany applies. In the case of companies the UN Convention on Contracts for the International Sale of Goods is excluded.
If a User, who is a consumer, does not have a residence in Germany or in another EU Member State, or if the User moves his permanent residence abroad after the effective date of these conditions, or if at the time a complaint is filed his residence or customary abode is unknown, doo’s registered office shall be the exclusive place of jurisdiction for all litigations arising under this contract.
In the event of legal disputes with companies, Bonn, Germany is agreed upon as the sole place of jurisdiction.
If individual provisions of these GTC are or become ineffective, and/or conflict with provisions of law, the validity of the remainder of the GTC shall not be otherwise affected. The contractual parties shall replace the ineffective provision by mutual agreement with a provision that comes as close as possible to intent of the ineffective provision.
doo reserves the right to amend these GTCs with the exception of such clauses that relate to the main duties of performance. Users can at all times request the current version of the GTCs at email@example.com or access it under https://doo.net/terms.
Users will be informed of any changes by email no later than one month prior to the planned effective date of the new GTCs. If the User does not object to the validity of the new GTCs within one (1) month after they enter into force, the new GTCs will be deemed accepted. doo will inform the Users separately in suitable form of the significance of the one month time-limit and the right to object, as well as the legal consequences of remaining silent. In the event that consent is denied, however, doo reserves the right to terminate the agreement for Platform use.