Terms of Service

By using the todo.vu service, or todo.vu/kitovu.com website (“Service”), or any services of todo.vu, you are agreeing to be bound by the following terms and conditions (“Terms of Services”). This is a legal agreement (“Agreement”) between you and Kitovu Pty Ltd, a Queensland corporation, for the use of the todo.vu services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Kitovu Pty Ltd reserves the right to update and change the Terms of Services from time to time without notice. Any new features that supplement or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at todo.vu/terms.html

The failure of Kitovu Pty Ltd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kitovu Pty Ltd, governing your use of the Service, and superseding any prior agreements between you and Kitovu (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under Queensland law.

Any questions about the Terms of Service should be sent to support@todo.vu.

A. Description of Service & General Conditions

The Service includes, and is limited to, a service or website that allows you access to and use of a single todo.vu account. “Service” referred to herein means the Kitovu Pty Ltd software todo.vu, an online task management system.

Kitovu Pty Ltd provides this Service on an “as is” and “as available” basis. Therefore your use of the service is at your sole risk. Kitovu Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. Kitovu Pty Ltd shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.

Kitovu Pty Ltd does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

You understand that todo.vu uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service. You understand that the technical processing and transmission of the Service including your Content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

B. Account Terms and Proper Use

In order to use the Service, you must have a valid Account. An “Account” referred to herein means a service or website provided by Kitovu Pty Ltd where you may use todo.vu to create, update, share and publish information, data, text, messages or other materials (“Content”). To acquire an Account for the Service, you must provide a valid email address and any other information requested in order to complete the signup process. Accounts registered by “bots” or other automated methods are not permitted.

One person or legal entity may not maintain more than one free account.

You are responsible for maintaining the security of your Account and password. Kitovu Pty Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your Account. Kitovu Pty Ltd may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You expressly understand and agree that Kitovu Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kitovu Pty Ltd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You must not transmit any worms or viruses or any code of a destructive nature.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, todo.vu, or any other Kitovu Pty Ltd service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission by Kitovu Pty Ltd.

Technical support is only provided to paying account holders and is only available via email. Support is only available in English. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any todo.vu customer, employee, member, or officer will result in immediate account termination.

C. Payments, Refunds, Credit, Upgrading and Downgrading

Additional features may be added to the Service and made available through a paid upgrade plan. If you choose to subscribe to a paid plan, you shall pay fees to Kitovu Pty Ltd. Upon selection of a paid plan, you will provide Kitovu Pty Ltd with the necessary billing information.

All paid Account holders must enter a valid credit card for payment. Free accounts are not required to provide a credit card number. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

The Service is billed on a monthly basis, every 30 days, beginning on the date that you upgrade or sign up for a paid plan. As long as your Account remains active and in good standing, you will be charged the subscription fee even if you never use the service. You may, however, cancel your paid plan at any time.

If you select a paid plan, you must provide current, complete and accurate billing information. You must promptly update all billing information to keep your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and you must promptly notify Kitovu Pty Ltd if your Payment Method is changed (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If you fail to provide any of the foregoing information, You agree that Kitovu Pty Ltd may continue charging you for any use of the paid plan under your billing information unless you have terminated your paid plan as set forth herein.

Any upgrade from the free plan and/or any paying plan to a different paying plan level will immediately charge your credit card a prorated fee. For any downgrade in plan level, your credit card that you provided will automatically be charged the new plan amount on your next billing cycle unless you have downgraded to a free plan.

Downgrading your Account and Service may cause the loss of Content, features or capacity of your Account. Kitovu Pty Ltd does not accept any liability for such loss. If you downgrade the Service before the end of your current paid period, your benefits will remain active until your next billing cycle.

There are no refunds for paid Accounts. You may, of course, downgrade or delete your Account at any time. However, these terms do not limit the rights of Australian customers under Australian consumer law http://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund

Promotional credit is credit earned through referrals or usage of the service. Promotional credit is linked directly to a single user account. All credit linked to a user account expires if that user account is deleted.

Redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire.

Promotional credit can not be transferred or refunded and has no financial value outside the todo.vu service.

Promotional credit is subject to a “fair use” policy and can only be earned from genuine usage activity and referrals. We reserve the right to cancel promotional credit at any time, for any reason, at our discretion.

D. Termination, Breach, Suspension and Cancellation

You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Service is not considered cancellation. You can cancel your service and delete your Account at any time by clicking on the My Account link in the user navigation bar at the top of the screen.

You may delete and terminate your Account at any given time. This termination will take effect immediately. If you terminate your Account, you request that Kitovu Pty Ltd delete Content contained in your Account and Kitovu Pty Ltd will make all reasonable efforts to do so. In the event of termination, Kitovu Pty Ltd may also withdraw and at its discretion reallocate any public web addresses associated with your Account.

If your Account payment is overdue, Kitovu Pty Ltd may disable your access to the featured provided by the Paid Plan. In the event of suspension, your account will be disabled and you may not be granted access to your account or any Content contained in your Account until your billing information has been updated and verified.

Kitovu Pty Ltd, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the todo.vu or any other Kitovu Pty Ltd service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to the Account and the forfeiture and relinquishment of all Content in your Account, which may be deleted. Kitovu Pty Ltd reserves the right to refuse service to anyone for any reason at any time.

E. Modifications to the Service and Prices

Kitovu Pty Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting changes to the todo.vu website (https://todo.vu) and/or the Service itself.

Kitovu Pty Ltd shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

F. Copyright and Content Ownership

Kitovu Pty Ltd retains ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. The look and feel of Kitovu Service is copyright © Kitovu Pty Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Kitovu Pty Ltd.

Kitovu Pty Ltd claims no intellectual property rights over the material or Content you provide to the Service. Your profile and Content uploaded remain yours.

Kitovu Pty Ltd does not pre-screen Content, but Kitovu Pty Ltd and its designees have the right, but not the obligation, in their sole discretion to refuse or remove any Content that is available via the Service.

You shall defend Kitovu Pty Ltd against any claim, demand, suit or proceeding made or brought against Kitovu Pty Ltd by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Kitovu Pty Ltd for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Kitovu Pty Ltd in connection with any such claim, demand, suit or proceeding; provided, that Kitovu Pty Ltd (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kitovu Pty Ltd of all liability); and (c) provides to You all reasonable assistance, at Your expense.

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