Terms & Conditions
Legal Disclaimer
Dunnnit Terms & Conditions
Last Updated: February 2024
Welcome to Dunnnit! Our Terms & Conditions establish a legal agreement between you and us. Here’s an overview of what they include:
• Key information for utilizing Dunnnit effectively.
• An outline of your rights as our esteemed user.
• Instructions to ensure respect for copyright and prevention of infringement.
• Guidelines on using Dunnnit responsibly, avoiding harmful or undesirable activities.
As Dunnnit continues to grow and improve, we aim to inform you in advance about any modifications to these terms. Please note, updated terms will become applicable once posted on our platform.
Thank you for choosing Dunnnit!
Sections:
1. About Us and the Dunnnit Services
2. About These Terms
3. Your Use of the Dunnnit Services
4. Additional Dunnnit Services
5. Terms Related to Specific Services and Payments
6. Data Protection
7. Intellectual Property Rights
8. Accuracy of Information and Availability of the Dunnnit Services
9. Third-Party Content and Infrastructure
10. Security
11. Liability
12. Termination and Suspension
13. Changes to the Dunnnit Services
14. Additional Provisions
15. Governing Law and Jurisdiction
16. App Distribution Platform Additional Requirements
Contacting Us
This Terms & Conditions Agreement ("Terms") is established between Dunnnit Limited, a private limited company with its registered office ("we," "our," "us," or "Dunnnit"), and you, the user ("you," "your" or "User").
These Terms set forth the complete terms and conditions that govern the use of the Dunnnit services. This includes the Dunnnit application (available on iOS, iPadOS, Web, and Android platforms), Dunnnit Account, and other software, features, or content we provide (such as Audio Recording Feature, Dunnnit Pro, Dunnnit Beta, Dunnnit Experimental Features, Dunnnit AI, and Dunnnit Marketplace, along with Dunnnit Business and Dunnnit Enterprise. Separate terms and conditions apply to Dunnnit Marketplace, Business, and Enterprise services, which you may agree to upon purchasing these services) and any other product or service that links to these Terms, as well as all functionality made available by Dunnnit (collectively, "Dunnnit Services"). Certain features of the Dunnnit Services may be subject to additional guidelines, terms, conditions, or rules, which will be posted within the Dunnnit Services or otherwise made available to you. All such additional terms, guidelines, conditions, and rules are incorporated by reference into these Terms.
BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE DUNNNIT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE DUNNNIT SERVICES.
THE MOST CURRENT VERSION OF THESE TERMS CAN BE REVIEWED BY VISITING [Dunnnit's Terms and Conditions URL].
1. About Us and the Dunnnit Services
The Dunnnit Services grant access to the Dunnnit app, which is available on various digital platforms including Android, Windows, iOS, and web application (collectively referred to as the "App Distribution Platforms"). Beyond the app itself, Dunnnit Limited maintains a range of functionalities such as, Dunnnit Beta, Dunnnit Marketplace, and Experimental Features, all designed to enhance your productivity and habit formation journey.
2. About These Terms
The purpose of these Terms is to outline the agreement under which we provide access to the Dunnnit Services and define how you may use the diverse features and functionalities offered. These terms are intended to ensure a clear understanding of what you can expect from us and what we expect from you in return.
3. Your Use of the Dunnnit Services
Dunnnit Services are crafted to assist users in creating positive habits, share profiles , engage in discutions and challenging friends to complete desire tasks , and collaborating effectively. Your ability to use the Dunnnit Services may depend on whether you are a "Registered Member" with an account or an "Unregistered User" accessing services without registration. Some features of Dunnnit Services may require you to create an account and become a Registered Member. In contrast, other functionalities, like challeging friends that are on your phonebook list , may be available without needing a registered profile. The use of Dunnnit Services is intended strictly for your personal and non-commercial purposes, as facilitated by Dunnnit. The right to use the Dunnnit Services is personal to you and is not transferable. You agree to use the Dunnnit Services only as permitted by these Terms and not for any unauthorized or commercial purposes.
Included Services for Dunnnit Users:
For Unregistered Users:
- Challenging friends that are known to you by sending Challenge Request from your contact details.
Ability to share results , or achievemts as well as budges of challenge on social media.
- Exploring other services and information available through the Dunnnit Services.
For Registered Members:
- Enhanced access to all features available to Unregistered Users, with the addition of personal content through Dunnnit Services.
- Ability to share results , or achievemts as well as budges of challenge on social media
- View other user profiles from Community page Challenge
- Invite other users to Dunnnit Challenge from community page
- Send Likes and messages to other user of their Dunnnit Challenge from community page
- Invite other users to challenge from community page
4. System Requirements and Data Charges
4.1Use of the Dunnnit Services
To enjoy Dunnnit Services, you'll need compatible devices, internet access, and specific software. Dunnnit is accessible on mobile phones and tablets, with each App Distribution Platform detailing the necessary minimum memory and operating system specifications required for download.
4.2 Mobile Access and Associated Charges
Accessing Dunnnit Services might require the use of your mobile or roaming network, which could lead to charges for messaging, data, and other fees by your service provider. Please be aware that Dunnnit is not liable for any costs you may incur from your telecommunications provider due to your use of Dunnnit Services. It's advisable to check with your carrier for the potential charges related to accessing our services on your device.
5. Registration and Profile Creation
5.1 Creating an Online Profile for Dunnnit Services
To access certain Dunnnit Services, you may need to set up an online profile. During registration, depending on your sign-up method, you'll be asked to provide specific information, including:
- Your App Distribution Platform account details if signing in through an App Distribution Platform.
- Your first and last name.
- Your email address.
- Your country of residence.
5.2 Age Restrictions
You must be at least 16 years old to create a profile with Dunnnit Services. Users under 16 are not permitted to register for an account. However, if you are a parent or guardian, you may create an account for your child under your supervision.
5.3 Profile Activation
Once the profile creation process is complete, your profile will be activated for Dunnnit Services, provided it meets all necessary criteria for account creation. If you do not meet these criteria (e.g., age restrictions or prohibited use of Dunnnit Services), your profile may not be activated.
5.4 Confidentiality of Login Information
Upon creating a profile, you are responsible for keeping your registration and login details confidential. Dunnnit is not liable for any misuse of your account due to unauthorized use of your login details. Should you suspect that your account details have been compromised, it is crucial to change your information and notify us immediately.
5.5 Suspension of Access
Dunnnit reserves the right to disable your login credentials or suspend your access to the services if there is suspicion of unauthorized use, disclosure of your credentials to a third party in violation of these Terms, or failure to pay any fees or sums due to Dunnnit.
6. Prohibited Actions While Using Dunnnit Services
When engaging with Dunnnit Services, you are strictly prohibited from:
1. Breaching Terms: Violating these Terms, or misusing any reporting, flagging, complaint, or dispute resolution process, including making baseless or frivolous submissions.
2. Circumventing Security: Endangering, breaching, or circumventing any security or authentication measures.
3. Unauthorized Access: Accessing, tampering with, or using non-public areas or parts of Dunnnit Services.
4. Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or uncover the source code or underlying ideas of Dunnnit Services.
5. Misuse of Content: Downloading, modifying, or exploiting any content from Dunnnit Services for unauthorized purposes, including creating derivative works.
6. Disruptive Activities: Interfering with or disrupting users, hosts, or networks, such as sending malware or overloading Dunnnit Services.
7. Prohibited Use: Sub-licensing, selling, or using Dunnnit Services for unauthorized commercial purposes.
8. Improper Account Creation: Using non-public methods to access or create accounts for Dunnnit Services.
9. Automated Access: Employing automated means, like bots or scrapers, to access or scrape data from Dunnnit Services.
10. Exceeding Fair Usage: Exceeding any fair usage limits set by Dunnnit.
11. Legal Violations: Violating any laws, third-party rights, or our rights, especially when using Dunnnit AI.
12. Spamming: Sending unsolicited communications, promotions, advertisements, or spam.
13. Deceptive Practices: Engaging in "spoofing" or "phishing" by sending misleading information.
14. Unauthorized Promotion: Promoting products or services without proper authorization.
15. Abusing Promotions: Misusing referrals or promotions offered by Dunnnit.
16. Offensive Behavior: Harassing, abusing, or offending others through Dunnnit Services.
17. Inappropriate Content: Sharing content that is pornographic, violent, or promotes terrorism.Posting challenges with regards to pornographic, violent, or promotes terrorism .
18. Misinformation: Sharing fraudulent, defamatory, or misleading content.
19. Discrimination: Advocating hatred or discrimination against any individual or group.
20. Impersonation: Falsely impersonating others or manipulating identifiers to disguise content origin.
21. Privacy Violations: Harvesting information about others without explicit consent.
22. Intellectual Property Violations: Uploading content that infringes on intellectual property rights.
23. Commercial Misuse: Engaging in unauthorized commercial activities through Dunnnit Services.
24. Pyramid Schemes: Participating in pyramid schemes or similar contests.
25. Solicitation: Soliciting money, passwords, or personal information.
26. Misleading Use of AI: Misrepresenting AI-generated responses as human-generated.
27. AI Misuse: Generating spam or harmful content using Dunnnit AI.
28. Promoting Illegality: Encouraging unlawful activities or conduct.
29. Benchmarking Misuse: Using Dunnnit Services for benchmarking or competitive analysis for illegal purposes.
Violating these prohibitions may result in immediate termination of your access to Dunnnit Services and legal action where necessary.
While Dunnnit Services explicitly prohibits the above conduct, you may, despite our best efforts, be exposed to such conduct and content. Your use of the Dunnnit Services is entirely at your own risk.
7. User Content and Your Rights
7.1 Uploading and Displaying Content
While using Dunnnit Services, you're welcome to upload, display, and input various types of content, including text, graphics, data, photos, images, and illustrations. This content, alongside any feedback you provide on Dunnnit's features ("Feature Feedback"), is collectively referred to as "User Content."
7.2 Ownership and Intellectual Property Rights
You retain ownership over all intellectual property rights in your User Content, including copyrights and rights in confidential information or trade secrets.
7.3 Licensing Your User Content to Us
By using Dunnnit Services and making your User Content available, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sublicensable license to use your User Content. This includes the rights to host, store, transmit, reproduce, distribute, modify (for formatting purposes), and create derivative works from your User Content to provide and improve Dunnnit Services. If you submit Feature Feedback, you authorize us to use this feedback to enhance our services, including training our machine learning models. You warrant that you have all necessary rights to grant this license.
7.4 Representations and Warranties
You warrant that:
- You own your User Content or have the rights to use it in connection with Dunnnit Services.
- You will obtain any necessary third-party licenses and permissions for your User Content.
- Your User Content does not infringe on any third-party intellectual property rights, privacy rights, or any other proprietary rights ("Third Party Rights").
7.5 Content Restrictions
You assure that your User Content will not contain personal financial information, sensitive information, personal health information, or any data protected under laws such as the Health Insurance Portability and Accountability Act. Furthermore, you guarantee that your User Content complies with all applicable laws and these Terms, and its use by Dunnnit will not breach any laws.
7.6 Responsibility for User Content
We do not endorse or assume responsibility for User Content uploaded by users. You bear full responsibility for the legality and appropriateness of your User Content and may be held liable for any violations. We are not liable for any User Content transmitted through Dunnnit Services, nor for any actions of other users.
7.7 Content Moderation
We reserve the right to remove, disable, or modify any User Content that we believe violates these Terms, is illegal, abuses Dunnnit Services, could expose us or our affiliates to liability, or is deemed inappropriate. This is at our sole discretion and in line with our content moderation policies.
8. Additional Dunnnit Services
The range of Dunnnit Services available to you is influenced by the App Distribution Platform through which you download Dunnnit, as well as the specific features you opt into during or after registration. You have the opportunity to enhance your experience by registering for or purchasing additional premium features. This process may involve additional charges, which will be clearly communicated to you at the point of purchase, alongside any supplementary terms that govern the use of these enhanced features.
9. Additional Features You May Register for in Dunnnit:
1. Dunnnit Beta Version: Participation in the Dunnnit Beta program offers you early access to new features for testing. Your feedback on these features is invaluable for improving Dunnnit Services. By providing feedback, you grant Dunnnit a royalty-free, worldwide license to use and incorporate your suggestions into our services.
2. Dunnnit Cloud: Depending on your App Distribution Platform, you might have access to Dunnnit Cloud, which enables you to back up your User Content. Use of Dunnnit Cloud must adhere to our fair usage policy, which includes bandwidth limits to prevent excessive use. We reserve the right to adjust these limits as necessary to maintain service quality.
3. Dunnnit AI: Utilizing Dunnnit AI features requires compliance with our fair usage policies. Should your usage exceed these limits, we may need to restrict or suspend access to the AI functionalities. Your use of Dunnnit AI must not infringe on any intellectual property rights and must follow all outlined restrictions.
4. Experimental Features: Dunnnit occasionally offers access to experimental features, such as advanced text recognition or mathematical problem-solving tools. These features are subject to specific usage restrictions to ensure fair access and system integrity for all users.
10. Terms in Relation to Certain Services and Payment
Certain Dunnnit Services features are accessible only through payment:
10.1 Service Charges:
- Some Dunnnit Services features are premium and require payment to access.
10.2 Payment Structures:
- Recurring Subscription Fee: This is an annual payment necessary to continue using specific Dunnnit Services. This subscription auto-renews unless you decide to cancel it before the commencement of the next renewal cycle. Failure to cancel results in an automatic renewal at the current subscription rate.
- One-off Fee:This payment model grants you access to particular Dunnnit Services indefinitely, up to the point where Dunnnit ceases support for that version of the service. For instance, if you purchase a feature or version of Dunnnit with a one-time fee, you're entitled to use it as long as support for that feature or version is maintained by Dunnnit.
11. Notification of Charges and Refund Policy
11.1 Notification of Additional Charges:
- When you register for a specific Dunnnit Service, we will clearly inform you about any additional charges and the structure of these charges at the point of purchase.
11.2 Refund Eligibility:
- Statutory Right of Withdrawal: If you decide to withdraw from a Dunnnit Service within fourteen (14) days of subscription (or within another period as specified by applicable law), starting from the date you subscribed to the service, you may be eligible for a refund.
12. App Distribution Platform Terms:If the terms of the App Distribution Platform through which you purchased the Dunnnit Service entitle you to a refund under certain circumstances, the refund process will be handled by the respective App Distribution Platform.
13. Accuracy of Information and Availability of the Dunnnit Services
13.1 Accuracy and Updates:
While we strive to ensure that Dunnnit Services are accurate, current, and free from bugs and viruses, we cannot guarantee perfection. Any reliance you place on the information provided or the functionality of Dunnnit Services is at your own risk.
13.2 Service Availability:
We aim to keep Dunnnit Services operational for your use but cannot guarantee uninterrupted or constant availability. It's your responsibility to back up any images, or User Content stored via Dunnnit Services. Dunnnit does not make any warranties concerning third-party products, services, or websites linked from our services.
13.3 Warranties Disclaimer:
To the maximum extent allowed by law, Dunnnit, along with our affiliates, suppliers, and distributors, disclaims all warranties, whether express or implied, regarding the Dunnnit Services. Our services are offered "as is."
13.4 Third-Party Content and Infrastructure
13.5 Third-Party Links:
Dunnnit Services may include links or references to third-party websites not operated by us. These are provided for convenience only. We do not control third-party websites and accept no responsibility for their content. The inclusion of any link or reference does not imply endorsement of the third-party site, its products, or services.
13.6 Use of Third-Party Services:
Dunnnit Services utilize software and services from third-party providers. You agree not to cause us to breach any terms set by these third-party providers through your actions or inactions.
13.7 Security
Dunnnit is committed to cooperating with law enforcement and complying with court orders that request or direct us to disclose the identity of anyone we believe has violated these Terms.
13.8 Liability
These Terms set forth place and you agreed , we don’t take any liability arising from your use of Dunnnit Services, to the extent permitted by law. We are not liabale for death or personal injury as well as misrepresentation, or any injuries during Dunnnit challenges.
13.9 Termination and Suspension
You are free to discontinue your use of Dunnnit Services at any time. If you disagree with any of these Terms, or any future updates to them, discontinuing use of Dunnnit Services is your sole remedy.
We reserve the right to immediately suspend or terminate your access to the Dunnnit Services if:
14. Breach of Terms: You are found in breach or violation of these Terms. Dunnnit retains the sole discretion to determine whether you have violated any restrictions within these Terms.
14.1 Harmful Use: Your use of Dunnnit Services poses a risk of harm or loss to us or others.
14.2 Third-party Service Suspension: Any third-party providers, whose software or services are essential for Dunnnit Services, suspend or terminate their services to us.
14.3 Intellectual Property Infringement: You are found to infringe intellectual property rights and/or Third Party Rights, such as copyright, on a singular or repeated basis.
14.4 Account Inactivity Post-Subscription: Your account remains inactive, unused, or dormant for more than a 1-year period following the termination of your annual subscription fee for Dunnnit Services.
14.5 Account Inactivity After One-off Purchase:Your account has not been used or remains dormant for more than 1-year following your purchase of a one-off fee to access Dunnnit Services.
14.6 Non-payment of Subscription Fees:You fail to pay your recurring subscription fee for the use of Dunnnit Services.
**13. Changes to the Dunnnit Services**
1. **Service Evolution:**
We constantly strive to enhance Dunnnit Services, which means changes are inevitable. Over time, we may introduce new features, discontinue existing ones, or modify access to certain functionalities. Whenever possible, we will provide reasonable advance notice of such changes. However, immediate changes may occur due to unforeseen circumstances or legal obligations.
2. **One-time Purchases:**
If you've made a one-time purchase of a Dunnnit feature as outlined in these Terms, and your access hasn't been terminated as per Section 12, we'll ensure you have access to the purchased feature until it's discontinued or until we decide to cease support as described in this section.
15. Additional Provisions
15.1 Transfer of Rights:
We may transfer our rights and obligations under these Terms to another entity, ensuring you are notified and that such transfer doesn't negatively impact your rights under these Terms.
15.2 Terms Agreement:
This agreement is solely between you and Dunnnit, without any third-party beneficiaries, unless explicitly stated otherwise. Only parties to these Terms have the right to enforce its provisions.
15.3 Enforcement and Amendments:
Failure to enforce any part of these Terms doesn't waive our right to enforce it later. Amendments or modifications to these Terms must be in writing to be valid.
15.4 Severability:
Should any provision of these Terms be deemed unenforceable, it will be excluded to the minimum extent necessary, allowing the remainder of these Terms to remain in full effect.
15.5 Relationship Definition:
These Terms don't create any form of partnership, joint venture, employment, or agency relationship between you and Dunnnit services.
15.6 Survival of Obligations:
Obligations and provisions meant to survive the termination of these Terms will do so.
15.7 Additional Policies:
Dunnnit may introduce policies for specific services, like mobile apps or loyalty programs. Your use of these services is bound by such policies in addition to these Terms.
15.8 Unique Rights and Remedies:
The rights and obligations under these Terms are unique and irreplaceable, where the loss cannot be merely compensated by damages. Dunnnit is entitled to seek injunctive or equitable relief to prevent infringement or violation of its rights.
15.9 Liability for Uncontrollable Events:
Dunnnit isn't liable for delays or failures in performance caused by events beyond our reasonable control, including acts of God, war, strikes, or infrastructure failures.
15.10 Entire Agreement:
These Terms, along with any referenced documents and policies, constitute the entire agreement between you and Dunnnit, superseding any previous agreements regarding the Dunnnit Services.
15.11 Terms Updates:
We reserve the right to update these Terms to reflect changes in law, best practices, or the introduction of new features. You'll be notified in advance of such changes, and continued use of Dunnnit Services post-notification implies acceptance of the new Terms. Non-acceptance of updated Terms may require discontinuation of service use.
16. Governing Law and Jurisdiction
16.1 Legal Framework:
These Terms, alongside any use of the Dunnnit website and the information it contains, will be regulated by the laws of country where dunnnit services is registrated . You consent to the exclusive jurisdiction of the courts for resolving any disputes arising from, or related to, these Terms, Dunnnit Services, or the legal relationship they establish. For these purposes, you irrevocably agree to submit to the jurisdiction of the Such Courts.
16.2 Jurisdiction for Disputes:
Specifically for Dunnnit's benefit, we retain the right to initiate legal proceedings against you within the courts of your residence country or, if these Terms are agreed upon as part of your trade or professional activities, in the country where your main place of business is located.
17. App Distribution Platform Additional Requirements
17.1 Platform-Specific Terms:
The App Distribution Platform from which you download the Dunnnit Services may have its own set of terms affecting how you use Dunnnit Services.
17.2 Supplemental Terms for Apple App Store Users:
When accessing Dunnnit Services via the Apple App Store, please note:
- The agreement of these Terms is between Dunnnit and you; Apple, Inc. ("Apple") is not a party to these Terms.
- You are granted a personal, limited, non-exclusive, non-transferable right to install Dunnnit Services on Apple devices you own or control for non-commercial use, in line with Apple's App Store Terms of Service.
- Apple has no obligation to provide any maintenance or support services for Dunnnit Services.
- Should Dunnnit Services fail to conform to any applicable warranty, which cannot be disclaimed, you may notify Apple for a possible refund. Apple will have no further warranty obligations.
- Apple is not responsible for addressing any claims relating to Dunnnit Services, including product liability claims, legal compliance discrepancies, or consumer protection issues.
- For any third-party intellectual property claim related to your use of Dunnnit Services, Apple is not responsible for the investigation or resolution.
- You warrant that you're not in a U.S. Government embargoed country or on any U.S. Government list of prohibited parties.
- Apple and its subsidiaries are third-party beneficiaries to these Terms, with the right to enforce these Terms against you.
17.3 Supplemental Terms for Samsung Galaxy Store Users:
- The application and services provided through the Samsung Galaxy Store are offered by Dunnnit, not by Samsung Electronics Co., Ltd. ("Samsung").
- Your use of such applications and services is governed by Dunnnit's terms, and any personal data you provide is subject to the privacy policy of the respective third-party service providers.
- Samsung is not responsible for the privacy practices or any other actions of these third-party service providers.
By downloading and using Dunnnit Services from these platforms, you acknowledge and agree to comply with the applicable supplemental terms.
17. Contacting Us
How to Reach Us:**
For inquiries, support, or feedback, you're welcome to contact us at info@dunnnit.com
Your Information:
When you reach out to us, we'll request your name and email address to assist you effectively. Rest assured, we handle this information according to our Privacy Policy, ensuring your data is treated with respect and confidentiality.