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Summary

This is a summary of the most important aspects of our terms of service. It is provided for your convenience, only the full version is legally binding.

Payment

There is a free 14-day trial during which you can cancel at any time and after which you will automatically be charged the monthly subscription fee. If you would like to cancel your subscription after the trial, please let us know seven days in advance.

Your data

Your data is yours. We will never sell it or pass it on to third parties without your consent. We will only process and use your data to the extent necessary for providing you with this service. For more information, please take a look at our privacy policy.

Play nice

Please make sure to not use now.do only in accordance with applicable laws. If we are notified of any legal violations, we reserve the right to terminate your account immediately. We also reserve the right to refuse the renewal of your subscription if you are using now.do to share content classified as hate speech.

Jurisdiction

By using our services, you agree that all claims and disputes related to this contract and our services shall be settled according to the laws of the Federal Republic of Germany and exclusively at German courts.

Terms of Service

The following terms and conditions govern all use of the now.do services, including, but not limited to, the web application and our mobile/desktop clients (taken together, hereafter referred to as "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time by Pentacent (collectively, the "Agreement").

You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Pentacent – Philipp Schmieder Medien ("Pentacent" or "we"). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by Pentacent, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 14, and access and use of our Services is only offered to users 14 years of age or older. If you are under 14 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 14 years of age or older.

Your accout with now.do

Use of our Services requires a now.do account. You agree to provide us with complete and accurate information when you register for an account. You are further responsible for maintaining the security of your account and your account password (if you have set one). You will be solely responsible and liable for any activity that occurs under your user account.

Using our Services

If you use our Services, create content or upload files to now.do, or otherwise make (or allow any third party to make) material available (any such material, "Content") through our Services, you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using now.do, you represent and warrant that your Content and conduct do not violate any applicable laws.

By submitting Content to now.do, you grant Pentacent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing our Services to you.

Pentacent has the right (though not the obligation) to, in Pentacent's sole discretion, (i) refuse or remove any content that, in Pentacent's reasonable opinion, violates any Pentacent policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of now.do to any individual or entity for any reason. Pentacent will have no obligation to provide a refund of any amounts previously paid.

Payment & Account Cancellation

By signing up to now.do, you agree to pay the applicable subscription fees after the free trial period.

During your trial period, you may close your account at any time and will not be charged any fees. If you do not close your account during the free trial period, your account will automatically be upgraded to our paid plan with the day after your trial end as the first billing date.

When on the paid plan, unless you notify us seven (7) days before the end of your subscription period that you no longer wish to use now.do, your subscription will be automatically renewed. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. Payment failures will result in the cancellation of your now.do account.

If you cancel your subscription to now.do, we will delete your data from our servers within a reasonable timeframe.

Intellectual Property.

This Agreement does not transfer from Pentacent to you any Pentacent or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pentacent. Pentacent, now.do, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Pentacent or Pentacent's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Pentacent or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Disclaimer of Warranties

Our Services are provided "as is." Pentacent hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Pentacent doesn’t make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability.

In no event will Pentacent be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pentacent under this agreement during the twelve (12) month period prior to the cause of action. Pentacent shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Pentacent, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Pentacent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pentacent, or by the posting by Pentacent of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Federal Republic of Germany.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pentacent may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Our Terms of Service are based on the ToS of Automattic which were made available under the Creative Commons Share-alike 4.0 license. As a derivate work, this document is licensed under the same conditions. If you choose to re-use any parts of this contract for your own purposes, feel free to do so at your own responsibility.