Last Updated: 23rd October 2020
Effective Date: 23rd October 2020
Your privacy is important to us. We describe in this notice how we collect and use information about you in your use of the Soon Done services, including the Soon Done platform and the website at soondone.com.
Who are we?
We are a software provider. Soon Done is a trading name of Abians Limited(a company based in Ireland - Company Number 559898).
When collecting information about our customers or visitors of our website, we are, under European Union (“EU") data protection laws, qualified as “data controller". This means that we are responsible for deciding how we hold and use personal data about you.
How do we collect information about you?
We collect information about you when you send us an e-mail. We need some basic personal information from you in order to handle your request.
We collect information by automated means. When you visit our website or read our emails, we automatically collect information about you via cookies, web beacons and other similar technologies. These are small files associated with information that your browser or our servers will save. They are used for purposes such as tracking your use of the website.
What information do we collect about you?
We collect the information you provide us when registering to use the platform, like your name, company name, email address, postal address, other contact information you share with us, associated domain name and credit card information. Your login credentials are also personal data. This category also includes information tied to your identity that you provide us through other means, such as emails to our support team.
We save the emails you send through our application. This is to provide you with features that make the application more useful. We may also review this information to ensure that the application is being used as expected(and not being used, for example, to send spam email). We may also save data on how you use the application(for example, which features you use).
Where is my personal data stored?
Your data is primarily stored in our secure data centers with Amazon Web Services in Ireland and on our own machines in Ireland. We also use other third party services, including www.dreamhost.com, www.mailgun.com, and www.stripe.com. As we use these services, we may store your data on servers based outside of the European Union.
How do you ensure that my data protection rights are protected?
We have in place processes to ensure that we respect your right to erasure, rectification, data portability, information and to be forgotten or restriction.
How do we use your information?
If you are a visitor of our website, we track your movements on the website using cookies.
When you are one of our customers, we use the information we collect about you to provide the services to you. As part of that purpose, we use your personal data:
to create and maintain your platform account, and to control access to it;
to respond to any requests you may submit for support or sales information, or similar communications;
to communicate with you (for example through newsletters, marketing emails, announcements or special offers) about our services;
for billing and collection purposes, if you have subscribed to one of our paid plans;
for the investigation and prevention of fraud and breaches of the terms of service;
to enable third parties to provide services to us;
to comply with applicable laws to which we are subject.
On which legal basis do we collect your personal data?
We collect your personal data because we need it to perform a contract we have signed with you or because you have taken steps to enter into a contract with us(for instance, when you sign up for a Soon Done account). Otherwise, we collect personal data based on your consent.
With whom do we share personal data?
Except for the limited circumstances we described here or in applicable agreement / terms of service, we do not share your personal data with third parties. When we need to provide your personal data to third parties, we will only share it to the extent necessary to provide you with our services. We may also share your personal data as required or permitted by law and as described below.
We host the website and operate the platform using third parties, including AWS. Your platform will be hosted from their data centers throughout the United States and/or Europe.
We use a Stripe to process subscription payments, and therefore provide them with the personal data required to charge your credit card.
We may use third-party services either embedded into our website (such as Google Analytics) or outside of it (such as Twitter) to communicate with you or to enhance the function of the website and the services.
We use third-party service providers and platforms (such as Stripe) for processes like subscription tracking, customer engagement, customer chat, product feedback and customer support ticketing.
While we provide these third parties with no more information than what is necessary to enable them to provide the services to us, any information that you provide these services providers independently is subject to their respective privacy policies and practices.
In certain situations, Soon Done may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Additionally, we will provide information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
For how long do we retain your personal data?
We keep your personal data for as long as is necessary to provide our services to you.
If you would like us to cease all of the described uses of your personal data, you may delete your account by emailing email@example.com. We will delete your personal data from our records, and we will make no further use of it. We may, however, retain copies of your personal data in backups. Please note that we may be required to retain certain information by law and/or for own legitimate business purposes.
What are your rights in connection with personal data?
You have the right to:
Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing .
Withdraw your consent and opt-out from our communications. Please note that you cannot unsubscribe from service-related messages.
Object to processing of your personal data, for example, if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to another party (right to data portability).
Individuals located in the EU with inquiries or complaints in relation to the information provided should first contact Soon Done at firstname.lastname@example.org
If you are located in the EU, you also have the right to lodge a complaint to a data protection authority.
The information provided in this notice may be modified to address new issues or changes to our policies. We will post changes here. If we make significant changes, we may notify you by other means (for instance, by email or with a banner on the website) prior to the change becoming effective(effective dates are written at the top of this document). If you object to the changes, email us at email@example.com before the new effective date to delete your information from our records, and we will do so.
Soon Done does not take responsibility for the privacy practices of any of the sites we link to - please read the privacy policies of these sites as well.
Last Updated: 28th October 2020
Effective Date: 28th October 2020
Abians Limited is an Irish Limited Company, company number 559898, with an address at 15 Mayfield Road, Terenure, Dublin 6w, Ireland. Soon Done is a trading name of Abians Limited.
This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Abians Limited (“Abians Limited,” “Soon Done,” “we,” “us,” or “our”), regarding your use of Soon Done’s website located at www.soondone.com and www.soondone.app on all platforms (the “Services”).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Services are controlled and offered by Abians Limited from its facilities in the Republic of Ireland. Abians Limited makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You agree there is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
1. General Use of the Services — Permissions and Restrictions
Abians Limited hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Services as set forth in this Agreement, provided that:
a. You agree not to distribute in any medium any part of the Services, including but not limited to Content and User Submissions (each as defined below), without Abians Limited’s prior written authorization.
b. You agree not to alter or modify any part of the Services, including but not limited to, Abians Limited’s technologies.
c. You agree not to access User Submissions (defined below) or Content (defined below) through any technology or means other than any as authorized by this Agreement or a written agreement between you and Abians Limited.
d. You agree not to use the Services for any commercial use without the prior written authorization of Abians Limited. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Abians Limited’s express approval:
i. Sale of access to the Services or Content via another website or medium (such as a mobile application);
ii. Use of the Services or Content for the purpose of gaining advertising or subscription revenue;
iii. The sale of advertising, on the Services or any third-party website, targeted to the content of specific User Submissions or the Content;
iv. Any use of the Services, Content, User Submissions that Abians Limited finds, in its sole discretion, has the effect of competing with or displacing the market for the Services, Content or User Submissions.
e. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Abians Limited servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Abians Limited grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Abians Limited reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submissions.
f. You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
g. You agree not to impersonate any person or organization.
h. You agree not to harass any other user.
i. Abians Limited reserves the right to discontinue any aspect of the Services at any time.
2. Your Use of Content on the Services
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Services.
a. The content on the Services, except all User Submissions, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Abians Limited, subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Abians Limited reserves all rights not expressly granted in and to the Services and the Content.
b. You may access User Submissions solely:
i. For your information and personal use in accordance with this Agreement; and
ii. As intended through the normal functionality of the Services.
c. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as expressly authorized under this Agreement.
d. You may access Content, User Submissions, and other content only as permitted under this Agreement. Abians Limited reserves all rights not expressly granted in and to the Content and the Services.
e. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein.
f. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
g. You understand that when using the Services, you will be exposed to User Submissions from a variety of sources, and that Abians Limited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Abians Limited with respect thereto, and agree to indemnify and hold Abians Limited, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
3. Your User Submissions and Conduct
a. You may submit comments, information, text, link, graphics, photos, videos, or other materials or arrangements of materials posted, uploaded, downloaded, or appearing on Soon Done (collectively referred to as “User Submissions”) to Soon Done. You understand that whether or not such User Submissions are published, Abians Limited does not guarantee any confidentiality with respect to any User Submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Abians Limited to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement.
c. You retain ownership of all copyrights you may have in your User Submissions. However, you grant Abians Limited a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Abians Limited to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any User Submissions posted by you to Abians Limited.
d. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Abians Limited all of the license rights granted herein.
e. You agree that your conduct on the Services will comport with the terms of this Agreement.
f. Abians Limited does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Abians Limited expressly disclaims any and all liability in connection with User Submissions. Abians Limited does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Abians Limited will remove all Content and User Submissions if properly notified in a manner consistent with law and Abians Limited’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. Abians Limited reserves the right to remove Content and User Submissions without prior notice.
g. If you provide feedback to us regarding the Services, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
4. Copyright Infringement
a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Abians Limited’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of a court in the Republic of Ireland and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Abians Limited may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Abians Limited’s sole discretion.
c. Repeat Infringers. Abians Limited will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
YOU AGREE THAT YOUR USE OF THE SERVICE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SERVICES, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ABIANS LIMITED, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABIANS LIMITED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ABIANS LIMITED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ABIANS LIMITED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL ABIANS LIMITED, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF ABIANS LIMITED, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY ABIANS LIMITED FROM YOU TO ACCESS THE SERVICES AND/OR USE THE SERVICES. IF YOUR USE OF THE SERVICES, SERVICES AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Abians Limited, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Abians Limited. This defense and indemnification obligation will survive this Agreement and your termination of use of the Services.
8. Termination Policy
a. You may terminate your use of the Services at any time. Abians Limited may terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. If Abians Limited suspects that you have violated any provision of this Agreement, Abians Limited may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
b. Abians Limited reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Abians Limited may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
9. Third-Party Sites
The Services may contain links to third-party websites that are not owned or controlled by Abians Limited. Abians Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Abians Limited will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Abians Limited from any and all liability arising from your use of any third-party website.
10. Notice Regarding Electronic Payment Vendors
Users should be aware some payments may be processed through Stripe or other electronic payment vendors. Abians Limited may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, then we encourage you to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from your relationship with Abians Limited and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Abians Limited is not responsible for the actions or omissions of any third party payment processor.
11. Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Abians Limited without any compensation or credit to you whatsoever. Abians Limited and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Abians Limited may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
13. Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
14. Users Under 13 Years of Age
Our Services are not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at email@example.com. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using the Services, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to install and use the Services and must immediately delete it from your devices.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Abians Limited without restriction.
By using the Services, you consent to receiving electronic communications from Abians Limited. These communications will include notices about your account and information concerning or related to the Services and/or Abians Limited’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
17. Applicable Law
This Agreement shall be governed by the internal substantive laws of the Republic of Ireland, without respect to its conflict of laws principles. By accessing the Services, the parties consent to the jurisdiction of the Republic of Ireland.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 18 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.
18. AGREEMENT TO ARBITRATE
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ABIANS LIMITED’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Abians Limited concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
18.1 Notice of Dispute
In the event of a dispute, you or Abians Limited must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: firstname.lastname@example.org. Abians Limited will send any Notice of Dispute to you by An Post(an Irish postal service) to your address if we have it, or otherwise to your email address. You and Abians Limited will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Abians Limited may commence arbitration.
18.2 Binding Arbitration
If you and Abians Limited don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration. The arbitration will be conducted in the Republic of Ireland, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Irish law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
18.3 Prohibition of Class and Representative Actions and Non-Individual Actions
You and Abians Limited agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Abians Limited agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Soon Done users.
20. Anti-Bribery and Export Compliance
You will not use, resell, distribute, transfer, provide, sub-license, share with, or otherwise offer the Services in violation of any laws or this Agreement, including without limitation, the United States Foreign Corrupt Practices Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity, or end user prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security and the Foreign Assets Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without the appropriate US government authorization to the extent required by regulation. Compliance with the trade laws of other countries pertaining to the export, import, use, or distribution of the Services to customers and end users is your responsibility.
21. Force Majeure
In the event Abians Limited is unable to perform its obligations or provide the Services under the terms of this Agreement because of acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions), strikes or labor disputes, war, riots, acts of terrorism, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond Abians Limited's control, Abians Limited shall not be liable for any costs or damages resulting from Abians Limited's failure to perform its obligations under the terms of this Agreement, provide the Services, or otherwise, from such causes. However, nothing in this section will affect or excuse your liabilities or your obligations under this Agreement.
If any provision of this document is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this document and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
If any provision of this document is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this document.
To the maximum extent permitted by law, Abians Limited (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this document and/or any other applicable terms and conditions and/or any applicable laws or regulations.
To the maximum extent permitted by law, Abians Limited (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the Services.
Any claims or damages that you may have against Abians Limited shall only be enforceable against Abians Limited and not any of its officers, directors, employees, contractors, representatives or agents
Some jurisdictions do not allow the exclusion and/or limitation of liability in certain circumstances, including but not limited to, exclusion of implied warranties, limitation of liability for incidental or consequential damages, limitation of liability for death or personal injury caused by negligence, or limitation of liability for fraud or fraudulent misrepresentation, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, ABIANS LIMITED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
23. Usage Limits
You will not share a login account among multiple individuals. You are responsible for maintaining the confidentiality of all login information for your account.
Your Soon Done subscription starts with a free trial. The trial period lasts for 30 days, or as otherwise specified during sign-up.
You will be limited to sending 50 emails per day through the Services.
Soon Done reserves the right to temporarily suspend your access to our Services in order to perform upgrades and other tasks necessary for maintaining the Services. In most cases Abians Limited will attempt to give you reasonable prior notice of any suspension. However, we reserve the right to suspend your access without prior notice.
We reserve the right to modify our Services at any time, with or without notice to you. For example, we may add, remove, suspend, or stop a particular feature or functionality. We also reserve the right to charge a fee for any of our additional features at any time.
25. Return Policy
We have a 30 day refund policy, so if you cancel, you can request any funds paid in the last 30 days to be refunded in full.
26. Contact Us
If you have questions or comments about this Agreement, or to report any violations or abuse of the Services, please contact us at: email@example.com