Effective: 7th February 2020

Terms of Use

Taskhoot Ltd (“Toooday”, “we”, “our”) offers a range of productivity, and organisational tools available online, including but not limited to www.toooday.app (the “Websites”), and Toooday mobile applications (the “Apps”). We refer to these collectively as the “Service”.

You (“you”, “your”) means the entity you represent in accepting these Terms or, if that does not apply, you individually.  If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity then you are not permitted to use the Service.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using our Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU ARE NOT PERMITTED TO USE THE SERVICE.

1. Eligibility

To use the Service you must be competent to agree to these Terms. If Toooday has previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service.

2. Intellectual Property Rights

The Service and Websites are owned and operated by Taskhoot Ltd and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Taskhoot Ltd and its partners, as well as other sources, and are protected by European copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. Other than content you own, which you may have opted to include on the Service, under these Terms, we and/or our licensors own all rights to the intellectual property and material contained on the Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on the Service.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Service material in any media;

  2. selling, sub-licensing and/or otherwise commercialising any Service material;

  3. publicly performing and/or showing any Service material;

  4. using the Service in any way that is, or may be, damaging to the Service;

  5. using the Service in any way that impacts user access to the Service;

  6. using the Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Service, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Service, or while using the Service;

  8. using the Service to engage in any advertising or marketing;

Certain areas of the Service are restricted from access by you and Toooday may further restrict access by you to any areas of the Service, at any time, in its sole and absolute discretion. Any Account ID and password you may have for the Service are confidential and you must maintain confidentiality of such information.

4. Your content
4.1 General

In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to display on the Service. Your Content must be your own and must not be infringing on any third party’s rights. Toooday reserves the right to remove any of Your Content from the Service at any time, and for any reason, without notice.

5. Feedback

The Service may have certain features that allow you to submit comments, and other materials (collectively, “Feedback”) to Toooday. By submitting Feedback through the Service, you grant Toooday a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose. We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Toooday does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

6. Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy. You should read that policy at www.toooday.app/privacy_policy and you will be taken to have accepted that policy when you accept these Terms.

7. Billing and Purchases
7.1 App and ‘In-App’ Purchases

If you decide to buy our Service, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.

Users are informed that “payments will be processed through the Google Play or iTunes app store from which you originally downloaded the application.

If you make any In-App Purchases, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.

In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.

You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Apps and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.

8. No Warranties

This Website is provided “as is”, with all faults, and Toooday makes no express or implied representations or warranties, of any kind related to the Service or the materials contained on the Service. Additionally, nothing contained on the Service shall be construed as providing consult or advice to you.

9. Limitation of Liability

In no event shall Toooday, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Service, whether such liability is under contract, tort or otherwise, and Toooday, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Service.

If you suffer loss or damage as a result of Toooday’s negligence or failure to comply with these Terms, any claim by you against Toooday arising from Toooday’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Service fees paid by you in the previous 12 months. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms.

10. Indemnification

You hereby indemnify to the fullest extent Toooday from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. Variation of Terms

Toooday is permitted to revise these Terms at any time as it sees fit, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Service. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service. The updated Terms will take effect upon their publication and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Service after any such update constitutes your acceptance of such changes.

13. Usage Limitations

Use of the Service may be subject to limitations, including but not limited to monthly number of requests you are permitted to make against Toooday's application programming interface. Any such limitations will be advised.

14. Assignment

Toooday shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

15. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Toooday must be sent to support@taskhoot.com. Notices to you will be sent to the email address which you provided when registering your Account to the Service.

16. Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Service, constitute the entire agreement between Toooday and you in relation to your use of the Service, and supersede all prior agreements and understandings with respect to the same.

17. Governing Law
17.1 Jurisdiction

If you are a tax resident of the United States of America or the information or data you are accessing using the Service is solely that of a person who is a tax resident in the United States of America at the time that you accept these terms then the laws of the State of California, U.S.A govern this agreement and Toooday and you agree that the U.S.A Dispute Resolution Process, described below applies for all disputes arising out of or in connection with this Agreement or in any way relating to the Service.

In all other situations this agreement is governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this agreement.

17.2 Dispute Resolution

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. In the event of any dispute between Toooday and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute within a reasonable time (not to exceed thirty (30) days).

In the unlikely event we are unable to resolve any such dispute, we each agree to resolve those disputes through binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

17.2.1 U.S.A Dispute Resolution Process

If you are a tax resident of the United States of America or the information or data you are accessing using the Service is solely that of a person who is a tax resident in the United States of America, the following terms apply:

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our customer support team at support@taskhoot.com.

IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICES TEAM IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WE HAVE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AGREE  WITH PICK IF THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE WITH PICK IF THAT YOU AND PICK IF ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, YOU AGREE WITH PICK IF TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  YOU AGREE WITH PICK IF THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org.