Terms of Service

Your use of the Doo service offered at https://doo.software (the “Service”) is subject to these Terms of Service (this “Agreement”). By using the Service, you agree to be bound by this Agreement with Doogital Tech (PTY) LTD, REG 2014/274203/07 (“we”, “us”, “our”). If you do not agree to all terms here, you may not use the Service.

The Doo Privacy Policy is incorporated by reference. This Agreement governs your use of the Service however accessed (web browser, smartphone, tablet, or other connected device).

If you sign up on behalf of a legal entity (including affiliates), you represent that you are authorized to bind that entity and its affiliates, and “you” refers to that entity, affiliates, and their personnel.

1. The Service

1.1 The Doo Service may include additional services you subscribe to (“Additional Services”). Additional Services may include additional terms (“Additional Terms”) that form part of this Agreement. If an Additional Term directly conflicts with this Agreement, the Additional Term controls for that Additional Service.

2. Term and Termination

2.1 This Agreement remains in effect while you have an active subscription (the “Term”). If you use a free trial and do not purchase before it ends, this Agreement expires at the trial’s end.

2.2 Subscriptions commence on the start date shown at purchase and continue for the selected subscription term. New services or modules added later start on their specified start date and continue for the selected term. Subscriptions renew automatically (see Section 5.1).

2.3 You are responsible for canceling your subscription. You may cancel at any time by emailing support@doogitaltech.com.

2.4 We may suspend or terminate your access (including for failure to pay) if you materially breach this Agreement and do not cure within 30 days of notice (including email). We may immediately suspend or terminate for violations of Sections 4.1, 4.5, or 13.

2.5 Data downloads & deletion. After termination (other than for non-payment or violations of Sections 4.1 or 13), you may download your data from Doo for 30 days. After that (or if terminated for non-payment/violations), we have no obligation to retain your data and will delete it unless prohibited by law or required by Additional Terms.

3. Modification of Service or this Agreement

3.1 The Service may be offered in free or paid tiers. Features may vary by tier. We may modify, add, or remove functionality temporarily or permanently.

3.2 We may update this Agreement. For material changes, we will notify you and may request affirmative acceptance. Continued use after effective date constitutes acceptance. The latest version is available at https://doo.software/termsofservice.

3.3 If you are dissatisfied with any change, your remedy is to terminate your subscription and stop using the Service.

4. Usage Rights; Restrictions; Support

4.1 During the Term, we grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software and documentation (collectively, the “Software”) for your internal business use, subject to applicable laws. You will not:

• use the Service to upload or distribute unlawful, defamatory, harassing, fraudulent, obscene, abusive, hateful, or malicious content;
• use the Service for fraudulent or inappropriate purposes;
• decipher, decompile, delete, alter, or reverse engineer the Software;
• duplicate, create derivative works of, reproduce, or exploit any part of the Service without our written permission;
• use robots, spiders, or automated means to monitor/copy content (other than permitted data export);
• rent, lease, distribute, resell, or access the Software/Service to build a competitive solution, or remove proprietary notices.

4.2 We provide basic support at no additional charge (with upgraded support if purchased), use commercially reasonable efforts to provide 24×7 availability (subject to planned downtime and events beyond our control), and provide the Service in accordance with applicable law.

4.3 We maintain commercially reasonable safeguards for the Service and your data (“Data”). We will not disclose your Data except as compelled by law or as you authorize, and we access your Data only to provide the Service, prevent or address issues, or at your request for support.

4.4 You are solely responsible for your Data and all uses under your account.

4.5 Test accounts. If you use a trial/test account, you agree not to use live/real data and acknowledge we provide no warranties for test accounts.

5. Payment Terms; Automatic Renewal

5.1 Your subscription renews automatically for the same term (e.g., monthly, annual). If paying by card, your card is charged per your plan. If a charge fails and you do not update within 22 days of notice, access may be suspended. No refunds or credits for partial months.

5.2 Annual pricing requires a one-year commitment. Early cancellation/suspension for non-payment may void annual pricing and result in a charge for the monthly/annual difference for months used. Partial cancellations may still qualify for annual pricing where applicable.

5.3 Fees exclude taxes/duties (other than sales taxes we must collect). You are responsible for all other taxes/duties.

5.4 We may change prices or introduce new charges with at least 90 days’ notice (or longer if required by law). Changes take effect for subsequent renewal terms and new subscribers after the effective date. If you disagree, cancel prior to renewal.

6. Intellectual Property Rights

6.1 We own all rights in the Software and Service, and transactional/performance data related to use (used for legitimate business purposes without identifying you or disclosing confidential/PII).

6.2 You retain all rights in your Data; we do not own PII in your Data. If you access a client’s Data as a consultant, you acknowledge the client owns that Data and we may follow the client’s instructions (including removing your access or changing your permissions).

6.3 Feedback you provide is non-confidential; you assign rights to us to use it freely to improve the Service and related technologies.

6.4 We may create custom deliverables for you; we own such deliverables and grant you a limited license to use them internally during the Term. We may reuse deliverables without revealing your identity or confidential information.

7. Publicity

7.1 Unless otherwise agreed, we may identify you as a customer and display your name/logo in marketing materials and on our website in accordance with your brand guidelines.

8. User Content

8.1 Certain features may allow you to post comments/content (“User Content”), excluding Data.

8.2 You grant us an irrevocable, perpetual, transferable, sublicensable, assignable, royalty-free, worldwide license to use, display, distribute, and create derivative works of User Content in any media, and you waive any moral rights to the extent permitted by law. You represent you own/control rights in such User Content.

9. Warranties and Limitation of Liability

9.1 We warrant: (a) the Service will perform substantially per our documentation; (b) we will comply with applicable privacy/data laws; (c) we will not sell Personal Information and will use/disclose it only to provide the Service; and (d) any professional services will be performed in a professional manner.

9.2 Disclaimer. Except as above and to the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose. We do not warrant error-free or uninterrupted operation.

9.3 Liability cap. Except for (i) IP infringement, (ii) indemnities, or (iii) gross negligence/willful misconduct: (A) no party is liable for indirect, consequential, special, punitive, or exemplary damages; and (B) each party’s aggregate liability is limited to the fees paid by you to us in the six (6) months preceding the event giving rise to liability.

10. Security Breach

10.1 External breach. If there is a security breach impacting personal data in the Service (not caused by your users/agents), we will take remedial actions consistent with law/industry standards and notify you of the nature/scope, actions, and timeline as required by law. You are responsible for your legal obligations to others.

10.2 Internal breach. If a breach is caused by your affiliates/users/agents or your failure to maintain secure systems, you are responsible for remedial actions and must notify us immediately. We may take actions (including suspension) to prevent harm. You waive claims for losses resulting from such actions.

11. Indemnification

11.1 You will indemnify, defend, and hold harmless Doogital Tech (PTY) LTD (and its affiliates, officers, directors, agents, and employees) from third-party claims to the extent arising from your use of the Service in violation of this Agreement or your employment decisions made using the Service.

11.2 We will indemnify you from third-party claims alleging that your permitted use of the Service infringes third-party IP rights, except for claims arising from (a) use in modified form or with non-Doo materials; or (b) User Content/your Data.

11.3 Indemnification requires prompt notice, our sole control of the defense/settlement, and your reasonable cooperation. Failure to comply limits obligations only to the extent of material prejudice.

12. Governing Law; Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa. Exclusive jurisdiction and venue lie in the courts of Gauteng for the City of Johannesburg. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

13. Compliance with Laws; Disclaimers

Each party will comply with applicable laws. You are responsible for configuring/using the Service in a compliant manner, including your HR practices and employee notices/policies regarding Data. We do not provide legal advice.

You agree to comply with applicable export controls and confirm you are not in a sanctioned jurisdiction or on restricted lists.

14. Additional Services

“Doo Performance Management” is an optional paid service and is governed by additional terms which apply alongside this Agreement.

15. General Provisions

Entire Agreement. This Agreement is the entire agreement between you and Doogital Tech (PTY) LTD regarding the Service and supersedes prior agreements.

No Waiver. A failure to enforce any provision is not a waiver.

Severability. If any part is unenforceable, the remainder stays in effect.

Survival. Provisions that should survive termination do so.

Assignment. You may not assign this Agreement without our prior written consent; any prohibited assignment is void. This Agreement binds permitted successors/assigns.

No Legal Advice. No part of this Agreement is legal advice, and we are not liable for reliance on it.

Third-Party Beneficiaries. None intended.

Contact

If you have questions about the Service or this Agreement, contact us at support@doo.software or: