Thank you for your interest in using the online services operated by dogl AB ("Dogl"). These Terms of Service ("Terms") govern your use of Dogl's online services (collectively, the "Services"), including the services which are offered through (a) our mobile applications, including our "Dogl - the Calculus App" application, available as an Android app and iOS app and (b) our website located at dogl.app.
Eligibility and Authority
The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. You must be 13 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf. The Service is not available to any Users previously removed from the Service by Dogl.
Personal Information and Student Data
This Section 3 applies to a School's use of the Dogl services. User Data from Dogl's Service may not be used as "educational records" as defined in the Family Educational Rights and Privacy Act ("FERPA").
that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Dogl Services and for paying all charges related thereto; and
not to use the Dogl Services to:
violate any third party rights or any local, state, national, or international law or regulation;
transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another's privacy;
transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
interfere with or disrupt the Dogl Services or servers or networks connected to the Dogl Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Dogl Services;
use the Services for any commercial use or purpose unless expressly permitted by Dogl in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
except as expressly permitted under these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
delete the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Dogl herein or to the extent the foregoing restriction is expressly prohibited by applicable law.
Personal, Non-Commercial Use Only
You agree to use the Dogl Services only as an end user, for your personal, non-commercial use. Dogl does, pursuant to a separate written agreement, permit certain third parties to integrate with the Dogl Services for commercial use. Please contact support[...]dogl.app for more information about entering into a relationship with Dogl that would permit commercial use of the Dogl Services.
User Submissions and Generated Materials
User Content and Ownership. Dogl may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Postings") and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) ("User Code") (User Postings and User Code, collectively, "User Content"). You understand that whether or not such User Content is published, Dogl does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Dogl and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Dogl does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
License Grant to Users. User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Dogl on or through the Services.
User Content Disclaimer. You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Dogl is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is 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 Dogl with respect thereto. Dogl does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Dogl expressly disclaims any and all liability in connection with User Content.
Dogl respects the intellectual property rights of others. Accordingly, Dogl has a policy of removing User Submissions and Generated Materials that violate copyright law, and, in appropriate circumstances, suspending access to the Dogl Services (or any portion thereof) to any user who uses the Dogl Services in violation of copyright law, and/or terminating the account of any user who uses the Dogl Services in violation of copyright law. Dogl has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Dogl Services, please provide written notice to Dogl for claims of copyright infringement.
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Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Dogl to locate that material; (d) contain adequate information by which Dogl can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you choose to provide technical, business or other feedback to Dogl concerning the Dogl Services or any Dogl products or services (collectively, "Feedback"), Dogl will be free to use such Feedback without restriction. You understand and agree that the incorporation by Dogl of Feedback into any of its products or services does not grant you any proprietary rights therein.
Termination and Suspension
Without limiting other remedies, Dogl may terminate or suspend your Dogl Services membership or suspend your access to all or part of the Dogl Services without notice if Dogl believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Dogl, any other Dogl Services user, or any third party. You may discontinue your use of the Dogl Services at any time.
Dogl reserves the right to charge fees for access to new Dogl Services, and to introduce fees for existing unpaid services. In no event will you be charged for access to any Dogl Services, unless Dogl obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Dogl may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
Password and Security
You are responsible for maintaining the confidentiality of your Dogl Services password and/or other login credentials, and you are solely responsible for all activities that occur under your password and/or login credentials. You agree to immediately notify Dogl of any unauthorized use of your password or other credentials, or any other breach of security related to the Dogl Services. Dogl may require you to alter your password if Dogl believes that your password is no longer secure.
Third Party Services
Dogl may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, "Linked Partners"). The Linked Partner services made available through the Dogl Services or the integration of the such sites and services with the Dogl Services are for your convenience only. They do not signify the endorsement by Dogl of such Partner sites or services, or signify any guarantees about the availability or quality of the Partner sites or services.
Disclaimer and Limitations of Liability
You agree that use of the Dogl services is at your sole risk. The Dogl services are provided on an "as is" and "as available" basis. Dogl expressly disclaims all warranties of any kind, whether express or implied, with respect to the Dogl services and all services provided by any of our partner (whether api partners, Linked Partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. Furthermore, Dogl does not guarantee that the content on the Dogl Services is correct, accurate, or complete. You acknowledge that access to data and materials (including, but not limited to, your or others' user submissions and generated materials) available through the Dogl services is not guaranteed and that Dogl will not be responsible to you for any loss of data or materials caused by the Dogl services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the Dogl services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
Under no circumstances will Dogl or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Dogl services.
If, notwithstanding these Terms, Dogl is found to be liable to you or any third party in connection with your use of the Dogl services, the total liability of Dogl and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Dogl may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dogl's liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Dogl and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Dogl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dogl's defense of such claim.
"Dogl" and the Dogl logo, and certain other of the names, logos, and materials displayed in the Dogl Services, may constitute trademarks, trade names, or service marks ("Marks") of Dogl or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Dogl or those other entities. The content on the Dogl Services (the "Content"), including without limitation, the software and question bank, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Dogl or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Dogl and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Governing Law. These Terms and the relationship between you and Dogl will be governed by the laws of Sweden as applied to agreements made, entered into, and performed entirely in Sweden by Swedish residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Dogl Services will be brought in courts located in the Stockholm Region, Sweden, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Additional Terms. The failure of Dogl to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Dogl and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Dogl Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Dogl Services.
Modifications To Terms and Services
Modifications. These Terms may be revised periodically and this will be reflected in the "date last modified" set forth below. Your continued use of the Dogl Services following such update constitutes your agreement to the revised Terms. You can see the history of the changes to our Terms here. If you object to any such changes, your sole recourse will be to cease using the Dogl Services. Continued use of the Dogl Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dogl reserves the right to modify or discontinue the Dogl Services with or without notice to you.
Date Last Modified. These Terms were last modified on February 4, 2021.