These Terms and Conditions of User (“Terms”) govern the relationship between Dokin SAS, having its registered office at 9 rue Armand Carrel 93100 Montreuil, (herein “Dokin”, “us”, “we”, or “our”), and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”).
Please read these Terms and Conditions carefully before using the Service. You acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions contained herein, to the exclusion of all others, by creating or registering an account with us on our website located at: https://dokin.co/, on the Google Workspace add-on (the "Service"), or on the webapp located at: https://app.dokin.co. If you do not agree to these Terms, you must not use or access the Service. If you are entering into these Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.
Dokin is a Google Workspace application that automates the production and updating of document content. Any web browser supported by the service can be used to connect to it.
A Google Account must be used to access the service. You acknowledge and agree that you are solely responsible for properly configuring your Google Account, acquiring Internet access and any equipment necessary to use the Service, and producing and managing the documents and their contents. You are responsible for payment of all fees related to the foregoing.
Dokin may also make changes to the Service from time to time. Dokin will notify you of any significant changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, will be subject to these Terms and may require you to agree to additional terms.
In addition to any other terms and conditions contained herein, you must not :
This list of prohibitions is illustrative and not exhaustive or exclusive.
Dokin reserves the right to suspend or terminate your access to the Service with or without cause and with or without notice, for any reason or no reason, or for any action that Dokin deems inappropriate or disruptive to the Service or to any other user of the Service.
Customer agrees to indemnify Dokin and its officers, directors, employees, affiliates, agents, licensors and business partners ("Indemnified Parties") from and against any and all costs, damages and liabilities that the Indemnified Parties incur as a result of, or in an attempt to avoid, any claim or demand by any third party arising out of Customer's or its Users' use of the Service as a result of their violation of any applicable law, regulation or third party right.
Dokin reserves the right to suspend or terminate Customer’s access to the Service with or without notice if Dokin reasonably determines that:
(a) there is a threat or attack against the Service or another event that may create a risk to the Service, Dokin, Customer, or any user of the Service;
(b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Dokin’s systems, or may subject Dokin or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) Customer or any User uses the Service or any other Dokin property in violation of this Agreement;
or (e) Customer is in default of its payment obligations hereunder.
1. The Customer agrees to pay the applicable subscription fees for its use and that of its Users. These fees are paid in advance on a recurring and periodic basis (the "Payment Cycle"). The Payment Cycle may be monthly or annual, depending on the subscription plan chosen by the Customer at the time of purchase. Unless otherwise specified, all fees and charges are prepaid and non-refundable for unused subscription periods or in the event of termination or expiration.
2. These Terms remain in effect until your subscription expires, is cancelled or renewed. At the end of each Payment Cycle, the subscription will be renewed automatically, unless cancelled by the Customer or by Dokin.
3. The Customer may cancel the subscription at any time. However, in the event of cancellation before the end of the Payment Cycle, all fees associated with the subscription will be due and you will not receive a refund of any prepaid fees, unless the Customer is a natural person acting within the time limits required by the consumer law applicable in his/her country of residence.
4. Due to the nature of our services, we do not provide refunds or credits for purchased subscriptions, unless the Customer is a natural person acting within the time limits required by the applicable consumer law in his or her country of residence. If Dokin, in its sole discretion, decides to issue a refund or credit, it will generally be issued in the same manner as the purchase. All refund requests must be made in writing by contacting support.
5. In the event of non-payment for any reason or violation of these Terms, Dokin reserves the right to immediately block the user's access to the Services.
6. Customer agrees that Customer's paid use of the Service is not contingent upon the delivery of future features or functionality, or upon any oral or written comment, public or private, made by Dokin regarding future features or functionality.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Dokin own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”).
For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
As between You and Dokin, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, “Your Content“). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Dokin the limited rights to use Your Content set forth in these Terms.
You agree that Dokin may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Dokin a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, and/or discloseYour Content solely as required for the purpose of providing the Service to you.
You hereby consent that, if You choose to become a paying customer of the Service, Dokin may identify You as a Dokin customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.
The service is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Dokin makes no warranty that (i) the service is free of viruses or other harmful components; (ii) the service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (iii) any information or advice obtained by you in connection with the service will be accurate or complete; or (iv) the results of using the service will meet your requirements.
In no event shall Dokin be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever (including but not limited to loss of data, loss of business profits, business interruption, computer failure, loss of business information), arising out of or caused by your use of or inability to use the service, even if Dokin has been advised of the possibility of such damage. In no event shall Dokin’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service in the twelve (12) months period preceding the event giving rise to such liability. This paragraph does not apply to Customers whose state of residence does not allow limitation of liability clauses.
Except for payment obligations, neither party shall be liable to the other party or any third party for failure or delay in performing its obligations under these Terms when such failure or delay is due to any cause beyond the control of the party concerned, including, without limitation, acts of God, acts of government, fire, or flood, provided that upon cessation of such events such party shall thereupon promptly perform or complete the performance of its obligations hereunder.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of France. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in Bobigny.
Any notification and communication between the Customer and Dokin shall be considered effective, for any purposes, whenever conducted through the following email address : firstname.lastname@example.org.