Terms and Conditions of Use
The present translation is provided for information purposes only. In the event of differences between the text in English and this translation, the English version will prevail.
I.1. The mission of SDoky is to allow anyone who wants to succeed with their plans in life to have a guide and a digital tool, which guarantees the safety, the accessibility and management of their skills, in order to improve their productivity.
I.2. The present conditions of use (hereinafter referred to as the "Conditions") govern your use of and access to our services, our client software and our websites (hereinafter referred to the "Services").
We put our commitment to transparency about the data gathered about you, the use of this data and the entities we share it with, at the very heart of our mission.
II.1. Your personal data
In order to create an account, you must give your name, your email address and your telephone number, as well as a password. When you register for a subscription to use our services, you must provide payment information (bank card details, for example) and billing details to our partners (Apple and Google), who guarantee the processing and the protection of your bank details.
II.2. The data that you create and store with us
II.2.a. Our Services are designed to facilitate and customize the storage of data you create, and also of any sensitive information that you save. As a security measure, we automatically encrypt all the data which you save. That way, we are unable to access it. So, we can under no circumstances assist you with regard to your data. You are solely responsible for your data.
II.2.b. However, for the software to run properly, we use the diagnostics you carry out at the time of creating your SMap, in order to improve and automate the analysis process. This data may include, analysis characteristics, the time of the data, the amount of data generated and your name.
II.2.d. Many of our Services allow you to store your data in Google data storage centers. We do not claim to have any property rights with regard to Your Content. Your Content remains your Content, and you are responsible for it.
III. Conditions of use
III.1. Code of conduct
Content, elements or actions which infringe the present Conditions are not authorized. By accepting the present Conditions, you must abide by the following rules:
III.1. a. Not to engage in any activity which exploits, is harmful to or threatens to harm children or vulnerable people.
III.1. b. Not to save illicit messages, or sensitive information, such as passwords, social security numbers, passport numbers, credit card information, financial information, or other sensitive information belonging to a third party.
III.1. c. Not to deliberately get around restrictions to access or to availability of the Services.
III.1. d. Not to engage in activity which would be detrimental to yourself of to the Services of SDoky (e.g., spreading of viruses, hacking, fraudulent use of subscription codes for services provided by SDoky, the sharing or publication of all or part of the book which you are given at the time of subscribing).
III.1. e. Not to help anyone to infringe the present rules.
We reserve the right to refuse Your Content, if it exceeds the restrictions of file size authorized by the Service.
III.3. Use of the services
III.3.a. You must subscribe to SDoky in order to access most of the features and services. Your SDoky account allows you to log into the mobile applications, the Web application, and gives you total access to the digital book.
III.3.b. To create a SDoky account, use the SDoky mobile application. You undertake not to use any erroneous, inaccurate or misleading information when registering your SDoky account. In some cases, a subscription code for SDoky may be attributed to you by a third party. This code may be used only once.
III.3.c. In order to keep your SDoky account active, you need to make sure that your subscription does not expire.
III.3.d. By creating an SDoky account or by using the Services, you agree to and consent to be bound by the present Conditions, and you state that you are over 15 years of age, or that your parent or legal guardian agrees to be bound by the present conditions in your name. If you do not understand this clause, do not create a SDoky account without asking a parent or legal guardian for help. If you are the parent or legal guardian of a person who is under 15 years of age, you and the minor agree to be bound by the present Conditions, and you are responsible for monitoring their use of the SDoky account, or the Services, including subscriptions renewals that they may carry out.
III.4. Closing your account
III.4.a. In addition to any cancellation rights you may have, as described in the article "Refund Conditions" below, we can close your account and ban you from our platform if we observe a serious breach of our conditions of use, in particular (III.1.c ) and (III.1.d.)
III.4.b. In the event of your SDoky account being closed (whether it is by you or by us), several things will happen.
First, your rights to use the SDoky account to access the Services come to an end immediately.
Second of all, all the data associated with your SDoky account will automatically be deleted. Consequently, you will no longer be able to access any of the Services (or Your Content stored on these Services) which require an SDoky account.
No refund will be given, even in the event that your subscription has not yet expired.
III.5. Facilities/ Packages for additional data.
III.5.a. Many of the Services require an Internet connection and/or a mobile/data contract. You are solely responsible for all the connections, packages and/or equipment required to use the Services, as well as the payment of charges invoiced by the supplier(s) of your connections, contracts and equipment. These charges are added to the fees you pay us to use the Services, and you may not claim any compensation for these.
III.5.b. If we need to communicate information to you about our services, we will send you notifications and information that the regulations require us to send you. If you have given us your email address or your telephone number as part of your SDoky account, you may receive Service notifications by email or SMS, including to check your identity before registering your mobile phone number. You may receive Service notifications by other means (for example, through messages integrated within the service). Fees related to data or messages may apply when you receive notifications by SMS. We recommend that you monitor and keep the email address you have provided to us active. If you do not agree to receive electronic notifications, you must stop using the Services.
III.6. Updates to our services or changes to our conditions
You will inform us of our intention to modify the present Conditions, if applicable. We may need to modify the present Conditions if:
III.6.a. it becomes necessary to do so by virtue of the applicable regulations, in particular, due to a modification to said regulations;
III.6.b. it becomes necessary in the context of a recommendation and/or an injunction which is based on the applicable regulations;
III.6.c. it is necessary because of changes to the Services;
III.6.d. it becomes necessary for technical reasons;
III.6.e. it is necessary in order to ensure that the Services work properly.
III.6.f. We will inform you of the modification before it is applied, through the user interface, in an electronic message or by any other reasonable means. We will offer you the possibility of ending the Services at least thirty (30) days before the modification is applied. If you use the Services after the application date of the modification, you are deemed to have accepted the new conditions. If you do not agree with the modifications, you must stop using the Services and close your SDoky account. We will expressly remind you of this point when we notify you of our intention to modify the present Conditions.
III.6.g. We can automatically updade your version of the software, and suggest you download software updates or modifications to the configuration, at no charge, in order to update, improve and perfect the Services. You may also need to update the software to allow you to continue using the Services. Said updates are governed by the present Conditions, unless they come with additional or different conditions, in which case these will prevail.
III.6.h. We constantly improve the Services and we can modify them at any time, delete features or stop providing access to third-party Applications and Services at any time for that purpose, including in particular, if it is no longer possible for us to provide them, because of technological progress or if our clients request it. We will advise you in advance of any modification of the Services which may stop you from accessing these features.
III.6.i. The software of website which are part of the Services can contain third party codes. All the scripts or codes from third parties linked to or referenced in the software or on the website are granted to you under license by third parties who own said codes and not by SDOKY SA. The legal mentions with regard to third party codes are included, where applicable, for information purposes only.
III.7. Payment and payment methods
By signing up for a subscription to the SDoky services, you agree to follow the present payment methods.
III.7.a. You agree to pay the fees related to the subscription you have taken out to use the services of SDoky
III.7.b. We reserve the right to modify these fees at any time.
III.7.c. Unless provided otherwise, the price indicated for the Services includes all taxes applicable.
III.7.d. The price is given in US dollars. Depending on where you are located, some transactions may require currency conversion. Your bank may charge you additional fees for these services if you use a credit card. Please contact your bank for more details.
III.7.e. By providing a payment method to SDoky, you state that you are authorized to use the means of payment that you have provided, and that the payment details you provide are correct and accurate;
III.7.f. You authorize SDoky to charge you for the subscription fees for the services using your payment method;
III.7.g. Subscription rights are usually billed in advance of the subscription period in question. In the event of non-payment of these rights, or a payment by card or similar payment method being rejected, SDoky reserves the right to suspend your access to its services.
III.7.h. Cancellation of your subscription does not entitle you to a refund.
III.8. Limitation of Liability.
III.8.a. SDoky may not be held liable for Your Content. This content and these activities are not assignable to SDoky and under no circumstances do they represent the opinion of SDoky.
III.8.b. SDoky will only be liable in the event of a breach of the essential obligations of the Contract, or if the applicable regulations require it.
III.8.c. SDoky, its processing agents and/or its legal representatives can under no circumstances be liable for any incidental damage, including financial losses, such as the loss of profit, or for any objective which the user does not accomplish, other than if SDoky, its processing agents and/or its legal representatives have at least committed a serious or intentional fault.
III.8.d. The following are considered to be serious or intentional faults: the deletion of the user’s data caused by an update, without any means of restoring it.
III.8.e. SDoky cannot be held liable for any delay or breach of any of the obligations which are its responsibility by virtue of the present Conditions due to circumstances beyond the control of SDoky (such as social conflicts, natural catastrophes, war or acts of terrorism, acts of malicious intent, accidents, or abiding by any applicable regulations or government decision). SDoky will endeavor to limit the effects of any event of this kind and to fulfil the obligations which are not affected by it.