Last Updated: July 11, 2015
Scope and Acceptance
The Rodalo GmbH is a company registered in Germany, under company registration number HRB 13092 and with its registered office at Kaiserstraße 108, 53721 Siegburg. Please see our Legal Notice for more information.
We may update the Service from time to time, and may change the content at any time. The Service is intended to be useful and informative, however, please note that although we take steps to ensure all information we provide on the Service is accurate and up to date at the time of the last update, we do not promise that it will be correct and complete or free from errors or omissions at any given time, and we are under no obligation to update it.
Description of the Service
You agree to receive communications from Rodalo solely in electronic form. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service, or in the "Settings" area of your account and will include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with Rodalo. Support for the Service is only available in English via our customer support system or email. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
- You affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live).
- The Service is available for business customers only.
- Accounts registered by automated methods are not permitted.
- You must provide a valid email address and your name in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are solely responsible for safeguarding the password and for all activities that occur under your account. You should notify Rodalo immediately if you become aware of any breach of security or unauthorized use of your account.
- You are responsible for all content posted and activity that occurs under your account.
You agree not to access or use the Service in any manner:
- To upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- To monitor or copy materials on the Service for any unauthorized purpose or access the Service via any automatic device, process or means of access such as a robot or spider.
- To transmit any worms or viruses or any code of a destructive nature.
- To modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Rodalo Services.
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- To reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Rodalo.
- To act in a manner that negatively affects other user's ability to use the Service.
Payment, Refund, Upgrading and Downgrading Terms
- Additional groupings of features may be added to the Service (e. g. collaborating, number of projects) and made available to you as a paid upgrade ("paid plan").
- If you decide to subscribe to a paid plan, you shall pay subscription fees ("subscription fees") to Rodalo as described below.
- A detailed list of all the subscription fees is available at: www.agileSpecs.com/pricing, and you agree to pay that subscription fees for the paid plan you selected.
- All currency references are in U.S. dollars (“$”).
- Upon selection of a paid plan, you must provide Rodalo with the necessary billing information ("billing data").
- You are responsible for keeping your billing data up to date.
- You will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”).
- Billing cycles are typically monthly or yearly, depending on what subscription plan you select when purchasing a paid plan.
- Payments for a paid plan of duration of less than a year can be made only by Credit Card. Only yearly plans include the option to pay by check or wire transfer, the payment due date is 30 days net after receiving the invoice.
- Your paid plan will automatically renew at the end of each billing cycle and you authorize Rodalo to bill your credit card or other payment instrument in advance, unless and until you cancel the paying plan (see Contract Duration, Cancellation and Termination).
- All subscription fees are exclusive of all taxes. Customer from Germany are charged an additional 19% VAT to all fees. Customer from the EU must provide a valid VAT ID and are subject to the Reverse Charge rule (according to Articles 194 & 196 of Council Directive 2006/112/EEC). No VAT will be charged for customer outside the EU.
- You agree that the Rodalo Payment Service is charged through a third-party payment service provider.
- Rodalo only provides you with an electronic invoice. You consent to receive your invoices electronically. Electronic invoices will be made available in PDF format in the “Settings” area of your account. It is your responsibility to print or save a copy of each electronic invoice and to retain such copy for your records. If we make an error on your invoice, you must tell us within 120 days, and we will correct it promptly after we have investigated the invoice.
- When you upgrade your paid plan, you will be charged the difference in cost immediately.
- When you downgrade your plan, your current plan level will still be active for the rest of the end of your current billing cycle.
- When the downgraded subscription plan becomes active, the platform will check if your usage statistics (e.g. number of projects) are within the limits of the plan. If your statistics exceed your plan, your projects will be disabled until you delete projects to match your plan. If you exceed your plan for more than 4 months, Rodalo may delete projects after giving notice. Rodalo does not accept any liability for such loss.
- Payments are nonrefundable and there are no refunds or credits for partially used periods, upgrade/downgrade refunds, or refunds for unused periods. This applies to everyone, no exceptions are made.
- We may suspend or cancel your access to the Service, if you fail to pay in full and on time after we have sent you a reminder.
- Rodalo reserves the right to change subscription fees upon 30 days notice from us.
Contract Duration, Cancellation and Termination
- You can cancel your account at any time in the “Settings” area of your account. The account screen provides a simple no questions asked cancellation link. All of your content (e.g. projects owned by you) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. Rodalo does not accept any liability for such loss.
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
- If you cancel the Service before the end of your current paid up month, or year, your cancellation will take effect immediately and you will not be charged again. There are no refunds for unused periods (see Payment, Refund, Upgrading and Downgrading Terms).
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Rodalo, employee, member, or officer will result in immediate account termination.
- Definitions: “content” means text, images, photos, names, and all other forms of data or communication; “your content” means content that you submit or transmit to, through, or in connection with the Service; “Rodalo content” means content that we create and make available in connection with the Service.
- Responsibility for your content: You alone are responsible for your content. You understand and agree that Rodalo cannot be responsible for the content posted on the Service and you may be exposed to objectionable materials. You assume all risks associated with your content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, your content as described herein. You agree to use the Service at your own risk.
- Your privacy in your content is a highest concern for us, unless you elect to enable others to view or have access to the content you submit to the Service (your team members you added), no one else should see your content without your consent. Our rights to use your content: In order to enable Rodalo to operate the Service, we must obtain from you certain limited license rights to process your content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your content, unless you give us these rights. Accordingly, by using the Service and uploading your content, you are granting Rodalo a license to display, perform and distribute your content and to modify (for technical purposes, e.g., making sure content is viewable on computers and other devices) and reproduce such content to enable Rodalo to operate the Service.
- You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your content is stored with us), and include a right for Rodalo to make such content available to, and pass these rights along to, others with whom Rodalo has contractual relationships related to the provision of the Service, solely for the purpose of providing such Service, and to otherwise permit access to or disclose your content to third parties if Rodalo determines such access is necessary to comply with its legal obligations.
- By submitting comments, bug reports, product suggestions to Rodalo you acknowledge and agree that Rodalo is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
- You expressly understand and agree that Rodalo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rodalo has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Rodalo via the API may result in the temporary or permanent suspension of your account's access to the API. Rodalo, in its sole discretion, will determine abuse or excessive usage of the API. Rodalo will make a reasonable attempt via email to warn the account owner prior to suspension.
- Rodalo reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Rodalo respects the intellectual property rights of others and ask that you do too. The Service is copyright © Rodalo GmbH. All rights reserved. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Rodalo.
Any trademarks, logos, slogans, product, service names, and service marks (collectively "marks") displayed on or through the Service are the property of Rodalo or other third parties. You are not permitted to use these marks without the prior written consent of Rodalo or such third party that may own the mark. The Service may contain information and disclosures of products, services, methods, or other technology which may be the subject of intellectual property protection owned by Rodalo.
Responsibility for Links and Content
The Service may provide, or third parties may provide, links to other world wide websites or resources. Because Rodalo has no control over such sites and resources, you acknowledge and agree that Rodalo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rodalo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Warranty and Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: Use of the Service is at your sole risk. Rodalo expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees, or representations, including, without limitation, the warranties of fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Rodalo makes no warranty or guarantee that the Service or any content will be uninterrupted, timely, secure or error-free. Rodalo does not warrant that the Service will meet your specific requirements. You understand and agree that if you download or otherwise obtain content, materials, information, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Limitation of Liability
IN NO EVENT SHALL RODALO AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS/LICENSORS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT RODALO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RODALO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER AMOUNTS PAID BY YOU TO RODALO IN CONNECTION WITH YOUR USE OF THE SERVICE, IF ANY, DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Service Disruptions and Backup
We strive to keep the Service up and running; however, all web services suffer occasional disruptions and outages. You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on the Service, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that Rodalo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Rodalo) of other users of the Service, we reserve the right to immediately disable your account or throttle your connection until you can reduce your bandwidth consumption.
Waiver and Severability