1 INTRODUCTORY PROVISIONS
1.1 These general terms and conditions (the “GTCs”) for using the application Dingodot, owned and operated by company DingoDot GmbH with its registered office at c/o WeWork, Kemperplatz 1, 10785 Berlin, Germany, Identification No.: HRB 236364, registered in District court Charlottenburg, Commercial register Hardenbergstr. 31, 10623 Berlin, Germany (the “Provider”), provide for the related mutual rights and obligations between the Customer and the Provider, the process of purchasing the Services, determine the terms and conditions of their provision and other facts relevant to the provision of our Services.
1.3 Legal relations that are not regulated in these GTCs are governed by the relevant legal regulations of Germany, unless otherwise provided.
2.1 Provider means company DingoDot GmbH, as defined in clause 1.1 of these GTCs. Provider is the owner of the Website and the Application through which it operates the Services, exclusively as IT services in the electronic environment. The Provider is not a service provider within the meaning of the relevant legal regulations governing banking or similar financial services.
2.2 Customer means:
a. natural person acting within the scope of his / her business activity, employment or profession; or
b. authorized representative of a legal entity;
who has performed the Registration and uses the Services.
2.3 Application means IT service, which is provided through a comprehensive software solution for mobile phones and tablets called DingoDot.
2.4 Services means individual software functions of the Application within accounts of individual Customers, which are in particular, but not exclusively allowed to:
– link their e-mail box and import information from bank account regarding accounting documents and information needed for accounting and bookkeeping,
– create invoices,
– record expenses,
– track payments and inventory,
– create statistics,
– access and export files to Google Drive and Onedrive and their intelligent sorting,
and use other features that may be added to the scope of Services provided.
2.5 Website means the website www.digodot.com.
2.6 Registration means the creation of a user (Customer) Account.
2.8 Data means, for example, information, records, images, data, communication, instructions or any other information entered by the Customer into the Application, as well as information, database or other output produced by the application in terms of data entered by the Customer.
2.9 Account means the user (Customer) interface of the Application, which enables the use of the Services. At the same time, the Account is a virtual personal profile of the Customer enabling access to the functions of the Application.
2.10 Party means the Provider and the Customer who have concluded the Agreement with each other.
3 SUBJECT-MATTER OF THE AGREEMENT
3.1 The subject of the Agreement is the provision of IT services in the form of Services provided through the Application on the Customer´s device.
3.2 To use all of the Service’s features the Customer has to download and install the Application into its device, as well as create an Account. After the registration process and successful creation of an Account the Customer decides, which platforms will be connected to the Account (e-mail inbox, bank account data relating to information needed for proper execution of accounting).
3.3 As the final scope of information included within the Account might have a nature of data concerning Customer’s financial situation and financial activities, the Customer is obliged to responsibly choose and set a strong password, as well as make every effort to ensure that Data from Account does not fall into the sphere of third, unauthorized persons. In the event of a Data leak due to a breach of an insufficiently strong password, or as a result of making the login data available by the Customer to third parties, the Provider shall not be liable for any damage or losses caused to the Customer.
3.4 Customer warrants that all information and data imported into the application, as well as the accounts to which access to the Services has been granted, belong to his person and, if owned by a separate entity (such as a Customer employee or other legal or natural person), has as of the date of their provision, all rights and entitlements to provide such Data and accesses. In the event when the provision of Services interferes with the rights of individuals as a result of the unauthorized provision of Data by Customer, the Provider shall not be liable for any damage or losses incurred.
3.5 The Provider is entitled to cancel or suspend the provision of its Services in compliance with these GTCs and the Customer´s Account may be blocked or deleted and his access to the Account, Data, files and other content of the Account may be limited. The provider is not obliged to copy or store the Data imported by the Customer and in case of cancellation of the Account the Provider is not responsible for damages or other losses caused by denied access to the Data. For this reason, the Customer is advised to store Data imported into the Account also on another independent device / platform.
3.7 Downloading and using the Application and the Provider´s Website is free of charge. However, the Provider may charge some functionalities of the Application, resp. provided Services, of which the Customer will always be informed before their actual use.
DIGITAL ARCHIVE OF ACCOUNTING DOCUMENTS AND PAYMENTS
3.8 As part of the Services provided, the Provider provides the ability to store and manage files and directories in Google Drive and OneDrive of the Customer. If the Customer decides to use this functionality, the Provider will gain access to the drive (Google Drive and OneDrive) after logging in to the Account.
3.9 In order to use this functionality, the Customer is obliged to provide the Provider with an explicit consent by clicking on a separate box within the Application interface. The granted consent may be revoked by the Customer at any time with a function designated for this purpose within the Application interface.
3.10 After granting the consent, Provider will be able to update documents intelligently in a subdirectory called “DingoDot” according to accounting periods and will store business-relevant documents from the DingoDot Application in smart marked PDFs (according to their payment date, supplier, customer, amount, currency). Other functionality of this Service is generating an excel file as a register of documents, which also serves as a matching document for payments in the bank.
4.1 The Customer is obliged to refrain from infringing any intellectual and copyright rights related to the design of the Website and the Application, their functions, trademarks, logos or software solutions.
4.2 The Customer is prohibited from damaging the functioning and structure of the Website or Application by circumventing or violating security measures, uploading files containing viruses or malicious programs, or performing other unfair or illegal acts violating the laws or rights of the Provider.
4.3 The Provider has the right to unilateral termination of the Agreement if the Customer by his/her action in any way violates or does not comply with the provisions of these GTCs.
5.1 The Provider strives for the continuous provision of the Services and their continuous availability, through the Website or the Application. Our servers meet the highest standards of security and operability, so that they allow the Services to be available whenever you need them. However, in cases of objective and unavoidable technical obstacles or other facts causing the impossibility of performance for such failures, the Provider is not responsible. However, the operator shall make every effort to resolve the obstacles without delay.
5.2 The Provider is not liable for any damages or losses incurred as a result of interruption or termination of the provision of Services.
5.3 All Services whose price has already been paid will always be properly provided. However, the Provider has the right at any time to terminate its business activities, the provision of Services and the operation of the Website or the Application or parts thereof and thus not to enter into new Agreements with other Customers.
5.4 The Provider is not responsible for the loss, damage or deletion of any information, records, images, data, data, communication or any other information entered by the Customer into the Application, if this consequence was caused by the Customer, for example, by reckless deletion of data or intentionally.
6 TERMINATION OF THE AGREEMENT
6.1 Except for the mutual agreement of the Parties and the special cases specified in the applicable provisions of these GTCs, the Agreement shall terminate:
a. upon withdrawal of the Provider from the Agreement in the case pursuant to clause 5.1 of these GTCs,
b. upon withdrawal of the Customer due to a change in the GTCs during the validity of the Agreement if the Customer has expressed his/her/its disagreement with the change within 10 (in words: ten) days of the publication of the new wording of the GTCs; publication of the GTCs means delivery of a notification of the change in the GTCs by the Provider to the Customer.
6.2 Once the Agreement terminates, Customer (and any other persons and/or third-parties who gained access to Account) will no longer have any right to use or access the Service that is available under the Agreement.
7 CONTENT OF THE WEBSITE
7.1 The information on the Website is intended to provide users with the most important information about the Company, the Company’s Application and services. While we make every effort to provide up-to-date and accurate information, technical or informational errors may occur on the Website. However, the content of this Website is provided “as is”, without warranty of completeness, accuracy or timeliness, and without representations, warranties or other contractual conditions of any kind, express or implied.
7.2 The Company strives for continuous and error-free access to this Website. However, the company will not be liable if for any reason the Website is not available during any period of time. Access to this Website may be suspended at any time without notice. We reserve the right to restrict access to certain parts of our Website, or even the entire Website, at our discretion. In this connection, it is forbidden to circumvent or attempt to circumvent any restrictions on access to our Website.
7.3 The materials contained on this Website do not constitute legal or other professional advice. Consult your professional advisor before relying on the information provided on this Website; in this regard, you should not act in connection with the use of this Website without first verifying the necessary information and obtaining legal and / or professional advice.
8 APPLICATION AS A SERVICE AND INTELLECTUAL PROPERTY RIGHTS
8.1 The user of the Website and the Application acknowledges that the Website and the Application, including, but not limited to, products, graphics, user interface, text content, logos, designs, databases and source code, as well as the overall computer program – Application, contain protected information and materials that are always owned by the Company and that are protected by applicable intellectual property laws and other laws, including, but not limited to, copyright laws. The user of the Website and the Application undertakes to use such protected information or materials exclusively for the purposes of using the Application and in accordance with the GTCs. The User of the Website and the Application undertakes not to copy, reproduce, modify, rent, lease, lend, republish, sell, distribute, download or create derivative works in any way and will not use the Application and the Website in any unauthorized manner, including, but not only, unauthorized entry or network congestion. For any use of protected information and materials, other than the use of the Website and the Application in accordance with these GTCs, it is necessary to obtain the prior written consent of the Company.
8.2 The user of this Website or Application, being used as a service, under an agreement concluded in the measure of GTCs, does not obtain any license rights
9 RISKS ASSOCIATED WITH THE USE OF THE WEBSITE AND APPLICATIONS AND USER LIABILITY
9.1 The User of the Website and the Application agrees to use the Website and the Application solely at his own risk and to be fully responsible for any damage to computer systems and / or any loss of data, even if such loss or damage was reasonably foreseeable. The User may not misuse the Website and the Application by knowingly introducing viruses, Trojan horses, worms, or other material that is harmful or may cause technological damage. The User may not attempt to gain unauthorized access to the Website or the Application, to the server on which the Website or Application is stored, or to any server, computer or database connected to this Website. The User may not attack the Website or the Application by means of a denial-of-service attack, a distributed denial-of-service attack or any other attack threatening the functionality, security or protection of the Website, Application, data, including user and Website user data. In connection with such attack, the Company shall not be liable for any loss or damage caused by the user of the Website or Application, or other persons, as it accepts and performs, while maintaining professional care, all possible measures (technical, organizational and legal) to prevent such attacks, resp. their negative impact.
9.2 THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR LIMITATIONS IN RELATION TO THE CONTENT OF THE WEBSITE OR APPLICATION. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USERS OF THE WEBSITE OR APPLICATION AS A RESULT OF ANY LEVEL OF TRUST PLACED BY USERS IN THE MATERIALS AND INFORMATION PUBLISHED ON THE WEBSITE OR APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXCLUDES ALL LIABILITY TO THE USER AND OTHER ENTITIES IN RELATION TO THE CONTENT OF THE WEBSITE AND APPLICATION, UNDER ANY LAW, CONTRACT, WARRANTY, LIABILITY (INCLUDING NEGLIGENCE), AS WELL AS IN THE CASE OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER DAMAGES, EVEN IF THE COMPANY WAS NOTIFIED, KNEW OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 If the above statements are considered invalid under applicable law, the user of the Website and the Application agrees that any total damages that (i) may be demonstrably arising from their use or (ii) may arise solely as a result of errors or omissions in their content will be fully satisfied by the payment of a fine not exceeding EUR 100 (in words: one hundred euros). The User of the Website and the Application agrees that the Company shall not be liable for any direct, indirect, consequential, special or any other damages or lost profits not exceeding the above penalty.
10 RESOLUTION OF DISPUTES AND JURISDICTION OF COURTS
10.1 The Parties agree that any disputes arising in connection with the performance of obligations under the Agreement will be preferably resolved out of court by negotiations or by mutual agreement. Should the Parties fail to resolve their disputes out of court, the Parties may resolve such disputes through the courts in accordance with the applicable laws of the Germany.
10.2 We accept any suggestions, complaints and claims from our Customers at our mailing address specified in the heading of these GTCs and at the e-mail address firstname.lastname@example.org .
11 CHANGES TO THE GTCS
11.1 The Provider reserves the right to change these GTCs at any time during the term of the Agreement or the use of the Services. The Provider will notify the change of the GTCs via the Website or by notification via the Application.
12.2 If any provision of the GTCs becomes invalid, ineffective, or unenforceable to a specified extent, the remaining provisions unaffected by this shall remain fully valid. In such a case, the Provider will replace such provision with a valid, effective, and enforceable provision that will differ to the smallest possible degree from the principles agreed in these GTCs, while preserving the economic and legal purpose and meaning of the provision being replaced.
In Berlin, Germany
28th of April, 2022
DingoDot GmbH, Peter Fusek, CEO