TERMS OF SERVICE
Last updated: January 1, 2024
Welcome to DES Adiutor Limited (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://adiutor.co and our desktop and mobile applications Adiutor (together or individually “Service”) operated by DES Adiutor Limited
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here https://adiutor.co/privacy-policy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a quarterly, quadrimester, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, you will be billed and your Subscription will automatically renew under the exact same conditions unless you cancel it or DES Adiutor Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DES Adiutor Limited's customer support team.
Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
You shall provide DES Adiutor Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize DES Adiutor Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, DES Adiutor Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
DES Adiutor Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by DES Adiutor Limited until the Free Trial has expired.
At any time and without notice, DES Adiutor Limited reserves the right to (i) modify Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
DES Adiutor Limited, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
DES Adiutor Limited will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Exercising the right of withdrawal
To exercise your right of withdrawal, you must send to us an unequivocal statement of your intention to withdraw from the contract to the email [email protected].
In order to meet the deadline within which you can exercise such right, you must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
The withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be exempt from subscription cost billed at the end of the billing period for that subscription.
However, Users agree to have their right to withdrawal considered to be waived should they continue to use the Service after exercising their right of withdrawal. Thus such User will be subject to pay the full cost of the subscription under which the Service is used.
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by us or our licensors.
We undertake our utmost effort to ensure that the content provided in this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of you to enforce your rights, You are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
We hold and reserve all intellectual property rights for any such content.
You may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, You may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow any third party to do so through you or your device, even without your knowledge.
Where explicitly stated on this Application, you may download, copy, and/or share some content available through this Application for its sole personal and non-commercial use provided that the copyright attributions and all the other attributions requested by us are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
We allow you to upload, share, or provide your own content to this Application.
By providing content to this Application, you confirm that you are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
You acknowledge and accept that by providing your own content on this Application you grant us a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, you waive any moral rights in connection with content they provide to this Application.
You acknowledge, accept, and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Liability for provided content
You are solely liable for any content you upload, post, share, or provide through this Application. You acknowledge and accept that we do not filter or moderate such content.
However, we reserve the right to remove, delete, block, or rectify such content at our own discretion and to, without prior notice, deny the uploading User access to this Application:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where we are made aware that the content while being accessible via this Application, may represent a risk for Users, third parties, and/or the availability of the Service.
The removal, deletion, blocking, or rectification of content shall not entitle Users who have provided such content or who are liable for it, to any claims for compensation, damages, or reimbursement.
You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Additionally, you agree not to:
Otherwise, attempt to interfere with the proper working of Service.
Through this Application, you may have access to external resources provided by third parties. You acknowledge and accept that we have no control over such resources and are therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.
You may opt out of certain Firebase features through your mobile device settings, such as your device advertising settings, or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Cloudflare analytics
Cloudflare Analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
To use the Service you must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
To ensure the best possible service level, we reserve the right to interrupt the Service for maintenance, system updates, or any other changes, informing you appropriately.
Within the limits of law, we may also decide to suspend or terminate the Service altogether. If the Service is terminated, we will cooperate with you to enable you to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without our express prior written permission, granted either directly or through a legitimate reselling program.
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of DES Adiutor Limited and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DES Adiutor Limited.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to this Application are held by us and/or our licensors.
Subject to your compliance with and notwithstanding any divergent provision of these Terms, we merely grant you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
This license does not grant you any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related are our or our licensors’ sole property.
All rights and license grants to you shall immediately terminate upon any termination or expiration of the Agreement.
Without prejudice to the above, under this license, you may download, install, use, and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
We reserve the right to release updates, fixes, and further developments of this Application and/or its related software and to provide them to you for free. You may need to download and install such updates to continue using this Application and/or its related software.
New releases may only be available against payment of a fee.
The User may download, install, use, and run the software on one device.
You may provide us either directly at [email protected] or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
The third-party sites and tools mentioned above include the following:
Sentry
Sentry is an open-source error-tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
Tawk
Tawk is 100% Free Live Chat Software to monitor and chat with visitors on your website or from a free customizable page. More information is available here: https://www.tawk.to/privacy-policy/
Our Service may contain links to third-party websites or services that are not owned or controlled by DES Adiutor Limited
DES Adiutor Limited has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT DES Adiutor Limited 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 THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us and our affiliates, officers, directors, agents, partners, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
any content that is submitted from User’s account, including third-party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where we are based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where we are based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Users may bring any disputes to us who will try to resolve them amicably.
While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, you are kindly asked to contact us using the contact details provided in this document.
You may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to our email address specified in this document.
We will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We, Us, Our, Company)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available for purchase through this Application, such as for example physical goods, digital files, software, booking services, etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You, your)
Indicates any natural person or legal entity using this Application.
Please send your feedback, comments, and requests for technical support:
By email: [email protected].
By visiting this page on our website: Contact Us.
By phone number: (+233) 55 611 6652