Thank you for your interest in Azendoo!
Before using our Services, you are required to read and agree to these terms. You may only create an Azendoo account after accepting these terms. The column on the right is here to explain and is not legally binding.
Acceptance Of Terms
In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.These terms and conditions were last updated on December 30th, 2015 and are effective between you and us as of the date of you accepting them.
By using Azendoo, you accept these terms and conditions
- « Affiliate» means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- « Malicious Code » means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
- “Organization” means a team, company, organization or entity that you either represent or belong to and that defines the group that is using our Services.
- « Purchase Order » means the documents for placing an order to us. By sending an order to us, you agree to be bound by the terms and conditions hereunder.
- « Services » mean the Azendoo program, accessible from a supported web browser, on mobile (iOS or Android) or via the desktop applications , that you can use to collaborate and store, search synchronize information or tasks. Services refer to both a) the free trial version and b) the paid version (activated after reception of a Purchase Order or an online payment by credit card), including associated offline or online components, but excluding Third Party Applications.
- « Third Party Applications » mean online or offline applications and web services. They are provided by external entities or individuals and interoperate and communicate with our Services.
- « Users » refers to individuals who are authorized to use the Services, for whom subscriptions to our Services have been ordered, and who have been supplied user identifications and passwords. Users may include but are not limited to your employees, consultants, contractors and agents, and third parties with which you transact business. Users can be involved on multiple Subscriptions of the Service, either as an admin, a Member or a Guest, or a combination of these.
- « Member » means Users who are allowed full access to the Service. Members can be internal or external to the Organization and are fully billed.
- « Guest » means Users who are given a free, limited access to the Service. Guests are external to the Organization only and subject to a fair use.
- « We », « us » or « our » means the Azendoo SAS company, located 87 Quai des Queyries, 33100 Bordeaux, France and registered to RCS de Bordeaux with number B 528 725 922.
- « Your Data » means all data or electronic information submitted by You to the Services.
A few definitions used in this contract to make sure we agree on meanings.
Unless otherwise indicated in the Purchase Order, (a) Services are as Organizations subscription and may be accessed by no more than the specified number of Users, (b) additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (c) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require on-going use of the Services.
You agree that your purchase of Services hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
To fully use Azendoo you need to subscribe to the service, based on a number of users.
Organization network administration
Each Organization may have one or many individuals responsible for the use of the Services and for the account settings (the « Manager »). In case the Manager is unavailable, Users are responsible for the use of the Services according to these terms and conditions.From time to time, Users may be asked to confirm their account on the network via an email message containing a hyperlink to the User’s network email address. If such account is not reconfirmed, the account is removed. Once a User is removed from an Organization , the content of that User remains on the Organization and is the sole property of the company that manages that Organization.
Your company appoints Managers to set-up Azendoo and manage users.
Our responsibilities on the use of the Services
We shall: (i) provide Our basic support for the Services to you at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of Services attacks, and (iii) provide the Services only in accordance with applicable laws and government regulations. Some Services can include limitations such as, for example, a storage limit or a fair use.
Be very careful about the information you choose to share and make public. We take no responsibility and assume no liability for any User content that you or any other Users or third parties post or send over the Services.
We do our best to provide an exceptional service. Your content is safe with us and we don’t access any of your data, other than this required in our relationship.
Your responsibilities on the use of the Services
You shall (i) be responsible for Users’ compliance with these terms and conditions, (ii) be responsible for the accuracy, quality and legality of your data and of the means by which you acquired your data, (iii) accept that you are responsible for your conduct and the conduct of all the Users registered in your Organization as well as for all the content that is created, shared, stored of displayed by anyone using the Services in your account, (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, (v) use the Services only in accordance with the applicable laws and government regulations.Finally (vi) you shall not: make the Services available to anyone other than registered Users (either Azendoo admins, Azendoo members or Azendoo guests); sell, resell or lease the Services; use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; use the Services to store or transmit Malicious Code; interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; attempt to gain unauthorized access to the Services or their related systems or networks.
You are responsible for the data uploaded in Azendoo. Be reasonable, don’t do anything stupid, nor harm our company and you’ll be fine.
Data Protection Addendum
Third party providers
Any acquisition by you of Third Party Applications or complementary consulting services, are concluded solely between you and applicable provider.We do not warrant or support Third Party Applications or services, whether or not they are designated by us as “certified” or otherwise, except as specified in a Purchase Order. No purchase of Third Party Applications or services is required to use the Services except a supported computing device, operating system, Internet connection and a web browser, with no warranty in terms of past and future supported browser.If you install or enable Third Party Applications for use with the Services, you acknowledge that we may allow providers of those Third Party Applications to access your data as required for the interoperation of such Third Party Applications with the Services. We shall not be liable for * (i) any disclosure, modification or deletion of your data resulting from any such access by Third Party Applications or service providers. * (ii) the shutdown of API provision by Third Party Applications providers, in which case we may cease providing such Services feature on reasonable terms, We may cease providing such Services features without entitling You to any refund, credit, or other compensation.
We are not liable if something goes wrong when you use third party services.
Fees and payment for the Services
Azendoo will not charge your Organization to use its Services during a free trial period. At the end of this trial period, You are required to sign up for a paid plan for your Organization, which requires You to affirmatively select the number of users required and pay by entering your credit card information or send a purchase order.Your Organization shall pay all fees specified in the selected plan or in all Purchase Orders. Except as otherwise specified, (i) fees are calculated and paid in Euros or US Dollars (ii) fees are based on the number of users invited to use the Services purchased and not actual usage, (iii) payment obligations are non-cancelable and fees paid are non-refundable, and (iv) the number of Users purchased by the Organization cannot be decreased during the relevant subscription term stated on the Purchase Order. Subscription fees are based on monthly or yearly periods that begin on the subscription start date and each monthly or yearly anniversary thereof; therefore, fees for additional Users added in the middle of a monthly period will be charged for the monthly or yearly periods remaining in the subscription term.Your Organization will provide us with valid and updated credit card information, or with a valid Purchase Order or alternative document reasonably acceptable to us. If your Organization provides credit card information to us, your Organization authorizes us to charge such credit card for all Services listed in the Purchase Order for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly or annually, or in accordance with any different billing frequency stated online or in the applicable Purchase Order. If the Purchase Order specifies that payment will be by a method other than a credit card, we will invoice your Organization in advance and otherwise in accordance with the relevant Purchase Order. Unless otherwise stated in the Purchase Order, invoiced charges are due net 30 days from the invoice date.Your Organization is responsible for providing complete and accurate billing and contact information to us, and notifying us of any changes to such information.If any charges are not received from you by the due date, then at our discretion, (a) such charges may accrue late interest of the outstanding balance per month, at the maximum rate permitted by law, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals and Purchase Order on payment terms shorter than those previously applied, (c) restrict or suspend access to the Services.
if you love our service and want to carry on using it, you simply need to pay a subscription with us after the trial period.
Exclusive property rights
Except for your User Content, the Services and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Services marks, copyrights, photographs, audio, videos and music and all Intellectual Property Rights related thereto, are our exclusive property and that of our licensors.We appreciate receiving from you some comments or ideas about the Services ( Feedback ) or through any third party service application (twitter @Azendoo ) including without limitation about how to improve the Services. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.You shall not (i) create derivate works based on the Services except as authorized herein (ii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services In the agreement that binds us, we acquire no right, title or interest from you or your licensors under this agreement in or to your data, including any intellectual property rights therein.By using our Services, you grant us the rights to list or display your organization’s name on our website and all marketing tools, as well as acknowledge that we may use it as reference or testimonial. If you do not wish to have your organization’s name used or displayed, you may send us a request at [email protected] in order to withdraw it.We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including Users, relating to the operation of the Services.
Azendoo is a registered trademark and protected as such. You shall not create derivate works based on our service or breach or copyrights.
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include your Data; Our Confidential Information shall include the Services.
We care about reciprocal confidentiality
Warranties and Disclaimers
Each party warrants (i) that it has validly entered into this agreement and has legal power to do so and (ii) that it will not transmit Malicious Code to the other party (in the exception of Malicious Codes that would have been transmitted by the other party).Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.
We are not liable if something goes really wrong.
Limitation of liability
You expressly understand and agree that we, our subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if we has been advised of the possibility of such damages) resulting from: * (i) the use or the inability to use the Services; * (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Services; * (iii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; * (iv) statements or conduct of any third party on or using the Services; * (v) our actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; * (vi) your failure to protect the confidentiality of any passwords or access rights to your account information; * (vii) the acts or omissions of any third party using the Services; * (viii) any advertising content or your purchase or use of any advertised product or Services; * (ix) the termination of your account in accordance with the terms of these terms of Service; or * (x) any other matter relating to the Services.
We are not liable for any business loss or commercial damage.
Duration of the contract/Termination of the contract
This agreement commences on the date your Organization accepts it and continues until all subscriptions granted in accordance with this Agreement have expired or been terminated.All subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.Upon request by You made within 30 days after the effective date of termination of a purchased Services subscription, We will make reasonable effort to make available to You for download a file of your data along with attachments in their native format. After such 30-day period, we shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all of your data in our systems or otherwise in our possession or under our control.
We automatically renew your subscription. You are totally free to stop using our service and cancel before the term.
These terms and conditions and the relationship between you and us shall be governed by the laws of France without regard to its conflict of law provisions.Should you have any question regarding this agreement or wish to check your personal information, inform us of any change or change your details, don’t hesitate to contact us by email at [email protected] or by mail to the following address: Azendoo SAS, 87 Quai des Queyries, 33100 Bordeaux, France.This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.We reserve the right to amend these terms and conditions at any time and without notice. If we do this, we will post the amended terms and conditions on our websites (www.azendoo.com). Your continued use of the Services after any such changes constitutes your acceptance of the new terms and conditions. If you do not agree to any of these terms or any future terms and conditions, do not use or access (or continue to access) the Services. This agreement applies to all visitors or users who access the Services.This Agreement, including all exhibits and addenda hereto and all Purchase Orders, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
We do our best to provide an exceptional service. If anything is wrong or if you have a question, please send an email with all the details to [email protected].
Last updated on May 24th, 2018