Terms of Service
Hojoki’s Terms of Service below were adapted from WordPress.com. Basically, they say:
- Please, don’t do bad things with Hojoki.
- We work hard and do our best to provide a great service but cannot provide any guarantees if things should go wrong in some way.
The following terms and conditions govern all use of the Hojoki website and all services and products available at or through the website. The Hojoki website is owned and operated by:
Hojoki GmbH (“Hojoki”)
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 the Website or use any services. If these terms and conditions are considered an offer by Hojoki, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Services Hojoki Offer. Hojoki is a web service that allows users to collect activity data from their cloud apps for collaboration purposes. Users can connect their cloud apps to Hojoki, invite collaborators to workspaces and share activity data they can access in their connected cloud apps with other Hojoki users.
Your Hojoki Account and the Monitoring of Third Party Services/Web Apps. If you create an account on the Website, you are responsible for maintaining the security of your account with these third parties, and you are fully responsible for all activities that occur under the account, any other actions taken in connection with the account and any other actions taken in connection with the third party service or services. You must immediately notify Hojoki of any unauthorized uses of your account, your third party accounts or any other breaches of security. Hojoki will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, Hojoki has the right (though not the obligation) to, in Hojoki’s sole discretion (i) refuse or remove any content that, in Hojoki’s reasonable opinion, violates any of Hojoki’s policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Hojoki’s sole discretion.
Paid Services. Although our services are currently free to users, Hojoki reserves the right to require payment of fees for certain or all services. If you select premium features, you are required to pay the applicable fees as described on our Website. Hojoki reserves the right to change its price list and to institute new charges at any time. If any changing in pricing was to occur, you would be notified via email or this change would be posted on the Website. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid after that point are non-refundable.
Refunds. You can cancel your subscription at any time on your Hojoki settings page, and we will not charge you at the beginning of the next billing cycle. Payments are automatically processed and charged from your credit card. If our payment processor is unable to charge the given card for any reason, it will try again. If payments continue to fail for 7 days, your account will be automatically set to our Free Plan. We won’t delete any of your data or workspaces, but your feature set will be limited to what is described on our Website for the Free Plan. You will have to manually check your credit card information and request a retry. You can cancel your account at any time by logging into your account, going to the settings page and selecting “delete account”. Once you’ve cancelled your account, we won’t charge you at the beginning of the next billing cycle. All your data will be erased.
Termination. Hojoki may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hojoki account (if you have one), you may simply discontinue using the Website. You can ask for termination by emailing email@example.com. We’ll delete your account and data, however some data will remain on backup media. Hojoki can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Hojoki and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hojoki nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
Limitation of Liability. In no event will Hojoki, or its suppliers or licensors, 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 or 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 Hojoki under this agreement during the twelve (12) month period prior to the cause of action. Hojoki 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.
Indemnification. You agree to indemnify and hold harmless Hojoki, 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 the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Hojoki and you concerning the subject matter hereof, and they may only be modified by the posting by Hojoki of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts in Chemnitz, Germany. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Hojoki 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.