Last Updated: March 21, 2022
These Terms of Service apply when you access or use this mobile application (the “App”), and the services provided through the mobile application developed by DoTools Inc, its subsidiaries and affiliates (collectively as “we,” “us” and “our”) (the mobile application and these services constituting the “Service”). These Terms of Service (“ToS”) constitute a legal agreement between the user of our products and services (“user” or “you”) and us. It applies when a user accesses or uses this mobile application and services.
1. Consent
By downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the App or Service, and uninstall the App if you have already downloaded them.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the App and/or Service and uninstall the App. If you continue using the App and/or Service after the new terms take effect, you will be bound by the modified ToS.
2. Privacy Policy
Our Privacy Policy, located at https://dodownloadapi.xyz/privacy-policy.html, is part of, and governed by these ToS.
By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.
3. Notice Regarding Dispute Resolution
These ToS contain provisions that govern how claims you, and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt out of arbitration as described below.
If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or typical action or proceeding.
4. Affirmative Representations
When you use the Service, you represent that:
Your use of the Service does not violate any applicable law or regulation;
You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third-party parent or legal guardian has agreed to these ToS;
You are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
5. Prohibited Activities
You agree that in connection with your use of the Service, you will not:
Create an undue burden on the Service or the networks or services connected to the Service (e.g, hacking into the Service);
decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.
6. Our Management of the Service; User Misconduct
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation, to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service.
B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
7. Premium Services and In-App Purchases
We may make certain products and/or services available to users of the Application in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services (“In-App Products”). If you choose to use Premium Services or make purchase of In-App Products via a Third Party App Store, then the Third Party App Store will charge your account the applicable fees or charges.
Billing for Premium Services and In-App Purchases will be handled by the Third Party App Store, according to their terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your Account. Some Third Party App Store may charge you sales tax, depending on where you live.
8. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
(1) Initial Dispute Resolution
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to, any claim that all or any part of these ToS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these ToS shall be subject to the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(3) Class Action and Class Arbitration Waiver
You and us each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception - Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Arbitration Agreement” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(6) Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions.
9. Digital Millennium Copyright Act Policy
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any material or content on the Service infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy by sending an email to dotools.apps@gmail.com with a subject line beginning “DMCA Notice” that contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the App or Service, as applicable;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
10. Assignment
We may assign our rights under these Terms of Service without your approval.
11. Governing Law
This TOS will in all respects be governed by and construed and enforced in accordance with the laws of the State of California (without giving effect to any choice or conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
12. Contact Information
If you have any questions about these Terms of Service or your account, please contact us at dotools.apps@gmail.com