Terms of service
These Terms of Service (“Terms”) (together with the documents referred to herein) outline the terms and conditions on which you may make use of our website www.getjoiner.com and related Joiner App whether as a guest user or a registered user. Use of our website and/or app includes accessing, browsing and registering to use our website, platform or other services.
Please read these Terms carefully before you start using our website, platform or services, as these will apply to such use. By accessing or using our website, platform and/or other services, you confirm that you have read, understood and agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access our website, platform and services.
- Who we are
OÜ Joinerapp (“Joiner” or “we”) operates the website www.getjoiner.com (“Website”) and the Joiner mobile application (“App”), on which Joiner provides the access and use of the Website and the App and other services, or any portion thereof (“Services“). Joiner is a legal entity registered in the Republic of Estonia, with a legal entity’s code 16586746 and registered office at Harju maakond, Tallinn, Lasnamäe linnaosa, Narva mnt 128-76, 13628.
- General Provisions
2.1. Joiner grants you a limited right to access and use the App under the conditions set out in these Terms. You understand that Joiner may modify the App or any of its features at any time in its sole discretion.
2.2. Please note that you, as a user, remain responsible for how you use the App and the Services. It is the responsibility of each user to ensure that the output and results of the Services meet user’s expectations and requirements.
2.3. Joiner has the right to make changes and modifications to these Terms, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments on the App or the Website.
2.4. In case the provision of our Services includes third-party solutions, such third-party solutions shall be exclusively governed by the third-party’s standard Terms of Service applicable to those solutions.
2.5. By using the App and the Website, you warrant that you are at least 18 years old or reached age under respective country’s laws which allow you to assume responsibility for obligations emerging from contractual relations and have a full capacity to take legal actions.
- Users’ Accounts
3.1. If you want to access and make use of our Services, you should submit a request on the App and register an account (“Account”). In order to register a new account on our App, you will be asked to provide some information about yourself (including your name, e-mail address, password, telephone number). Such information must be true, accurate and kept up-to-date by you.
3.2. If, in our reasonable opinion, the Account is at high risk of making damage to any person, Joiner has all the rights to suspend the use of the Account by restricting access to the Account, withholding any transactions, etc. After the risk is eliminated, Joiner shall re-activate the Account.
3.3. Joiner also has the right to disable any user Account if, in our reasonable opinion, that user has failed to comply with the provisions of these Terms.
3.4. You are responsible for protecting the confidentiality and the security of your Account and your password. You must immediately notify Joiner of any unauthorised use of them or any other breach of security.
3.5. Users shall acknowledge that giving any information about their Accounts could cause damage to Joiner or third persons. You, as a user, are responsible for such damage caused by you.
3.6. In case Joiner decides that the Website or the App must be updated or it is having some technical problems, we have the right to restrict the possibility of logging into the Account or using our Services.
4.1. Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the App by you is your content (“Content”)
4.2. You represent and warrant that the Content is original to you and that you exclusively own the rights to such Content. All of your Content is your sole responsibility and the Joiner is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your Content with the App, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in connection with operating and providing the Service.
4.3. Joiner does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
4.4. You agree that Joiner will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. Joiner reserves the right to remove and permanently delete your Content from the App with or without notice for any reason or no reason. You may notify the Joiner of any user content that you believe violates these Terms and Conditions, or other inappropriate user behaviour, by contacting us.
- Use of Website, App and Services
5.1. By using the Website, the App and/or our Services, you agree to comply with all applicable laws, statutes and regulations concerning your use of the Website, the App and/or our Services.
5.2. You may use the Website, the App and our Services only for lawful purposes. You may not use the Website and/or our Services:
(a) in any way that breaches any applicable local, national or international law, statute or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.3. You also expressly agree not to:
(a) violate these Terms, Privacy Notice, any other documentation of the Website and the App, applicable laws, statutes and regulations through your use of the Website, the App and/or our Services;
(b) reproduce, duplicate, copy or re-sell any part of the Website and the App in contravention of the provisions of these Terms;
(c) modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Website, the App or any content contained therein;
(d) access without authority, interfere with, damage or disrupt any part of the Website; any equipment or network on which the Website and the App is stored; any software used in the provision of our Services; or any equipment or network or software owned or used by any third party;
(e) access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security of: (i) any part of the Website and the App; (ii) any equipment or network on which the Website and the App is stored; (iii) any software used in the provision of our Services; or (iv) any equipment or network or software owned or used by any third party;
(f) bypass any measures that Joiner may use to prevent or restrict access to the Website and the App;
(g) remove, obscure or change any copyright, trademark or other proprietary rights notice contained within the Website.
5.4. You must not attempt to gain unauthorised access to the Website and the App, the server on which the Website and the App is stored or any server, computer or database connected to the Website. You must not attack the Website and the App via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your rights to use the Website and the App will cease immediately.
5.5. Joiner does not guarantee that the Website and the App will be secure or free from bugs or viruses. You should use your own virus protection software.
5.6. All the data and other content stored on the Website and the App may be used by Joiner for the purpose of its functioning.
5.7. For our own operational purposes, we may back up data on our servers, but we are under no obligation or duty to do so under these Terms. It is users’ responsibility to back up their files and data, and under no circumstances Joiner will be liable for damages of any kind for the loss of users’ files or data.
5.8. Any loss incurred or sustained by you in transmitted information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by Joiner.
- Intellectual Property
6.1. Joiner is the owner or the licensee of all intellectual property objects (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software) in the Website and the App and in the material published on it, except for in respect of your content. Nothing in these Terms transfers or assigns to you any of Joiner intellectual property rights in our technology, products or the Website and the App.
6.2. You do not acquire any right, title or interest in any content on the Website and the App by virtue of accessing it or making use of our Services under these Terms. No license to use or reproduce any logo or trade mark included on the Website and the App is granted to you by these Terms or otherwise.
6.3. If you do print off, copy or download any part of the Website and the App in breach of these Terms, your right to use the Website or the App and our Services will cease immediately and you must, at our option, return or destroy all copies of the materials you have made.
6.4. For the avoidance of doubt, you may not use any data mining, robots or similar data gathering or extraction tools to extract any substantial parts of our Website and the App for re-utilisation, nor create and/or publish your own database that features substantial parts of our Website and the App without Joiner express written consent.
6.5. You shall indemnify Joiner against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach of the above warranties you commit.
- Links to Other Sites
7.1. The Website and the App may contain links to third-party sites, websites or applications. These links are provided for your convenience and information only.
7.2. Joiner does not control and is not responsible for the content of such third-party sites, websites or applications or the conduct of the operators of such sites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites or applications. Your use of all third-party sites, websites or applications are subject to the applicable policies of those third persons.
8.1. You can terminate your user’s agreement with Joiner by deleting your Account.
8.2. We can terminate such agreement by deleting your Account or blocking access to the Website and the App. The access can be blocked if there are any suspicions about illegal actions and it can last until the circumstances disappear or become eliminated. Joiner deletes user’s Account in situations where that user violates these Terms, Privacy Notice, any other documentation of the Website, applicable laws, statutes and/or regulations.
8.3. Joiner reserves the right to determine, in its sole discretion, whether there has been a breach of these Terms, Privacy Notice, any other documentation of the Website and the App, applicable laws, statutes and/or regulations through your use of the Website and/or our Services.
- Disclaimer and Limitation on Liability
9.1. To the extent permitted by law, Joiner excludes all conditions, warranties or representations (including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement) which may apply to the Website or the App, whether express or implied. Joiner will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of, or inability to use, the Website, the App and/or our Services.
9.2. Please note that, in particular, Joiner will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss, costs, expenses, damage or other claims which arise out of or in connection with the content submitted or linked by you to your Account.
9.3. Joiner also assume no responsibility for the content of other websites linked on the Website and the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.4. Neither party shall be liable for delays and damages caused by an impediment beyond its control, which that party could not have reasonably taken into account at the time of the conclusion of these Terms, and whose consequences that party could not reasonably have avoided or overcome (including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or Internet service providers).
10.1. To the extent permitted by law, you shall indemnify Joiner and hold us harmless, from and against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach by you of any provision of these Terms.
- Final Provisions
11.1. Joiner Privacy Notice and any other documentation of the Website and the App form an integral part of these Terms and bind all users. These Terms constitute the entire agreement between Joiner and you with respect to the offering of our Services.
11.2. No one other than a party to these Terms shall have right to enforce any of its provisions.
11.3. Nothing in these Terms shall constitute a partnership, agency or joint venture between the parties.
11.4. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11.5. Without the permission of Joiner, users have no right to transfer their obligations, claims or rights to third persons. Users agree that Joiner shall have the right to transfer its rights and obligations arising from the agreements under these Terms to third persons. Joiner will inform of such transfer on the Website or the App.
11.6. Joiner and a user shall keep in confidence all material and information received from the other party and marked as confidential or which should be understood to be confidential, and may not use such material or information for any other purposes than for the proper fulfilment of these Terms.
11.7. If any provision of these Terms is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms will remain in full force and effect. Any provision of these Terms held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
11.8. Except otherwise provided in these Terms, no delay of Joiner or user to exercise any right or to perform an obligation under the Terms shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
11.9. These Terms and the relations between Joiner and users in respect to these Terms (including execution, validity, invalidity, implementation and termination of these Terms) are governed by and interpreted in accordance with the laws of the Republic of Estonia.
11.10. Any dispute, controversy or claim, arising out of or relating to these Terms, shall be finally settled in the respective court of the Republic of Estonia subject to the rules of jurisdiction.
- Changes to these Terms
We keep these Terms under regular review. Any changes to these Terms will be published on the Website. Please check this page from time to time to take notice of any changes we may make.
Should you have any questions regarding these Terms, you may contact us at firstname.lastname@example.org.
Thank you for visiting our Website and using our App and Services.