10 March 2022
We would like to welcome you to the OnDeGo services (“Service” or “Services”). These OnDeGo Service Terms (these “Terms”) govern the relationship between OnDeGo (“OnDeGo,” “we,” or “us”) and when you (i) access and use our services (collectively, the “Website”) and/or (ii) download, install, use, and in some cases purchase OnDeGo services (including all related documentation, updates, and upgrades) and any other services offered by OnDeGo.
You may use the Services only in accordance with the terms and conditions set out in this document. We reserve the right to modify these Terms at any time. When we do, we will update the date shown above as “last updated.” It is your duty to regularly examine these Terms and to stay informed of any changes. All previous versions of these Terms will be superseded by the then-current version. You acknowledge that your continued use of the Website after the publication of such modifications to our Services constitutes your acceptance of the new Terms. We reserve the right to cancel, suspend, or modify the Services, in general, or with regard to you, at any time and without notice. Additionally, we reserve the right to remove any features or modules from the Services at our discretion.
These terms, in conjunction with our privacy statement, constitute an agreement between you and OnDeGo. By accessing and using the OnDeGo Services, you indicate to us that you have the legal capacity to engage in this agreement.
You may use the Services only if you are legally capable of entering into a contract with OnDeGo.
If you use the OnDeGo Services on behalf of an employer, your acceptance of these terms constitutes an agreement between your employer and OnDeGo, and you represent and guarantee that you have the ability to bind your employer to these terms. At any moment, OnDeGo maintains the right to modify these terms and conditions. The date of this agreement’s most recent modification should be noted at the top. By continuing to use the OnDeGo services, you are conclusively accepting any modifications to these terms. You are not authorised to use the OnDeGo services if you do not agree to these conditions.
Except with our prior written authorization, you may not access the OnDeGo Services if you are a direct competitor of ours. Additionally, you are not permitted to utilise the OnDeGo Services in order to monitor their availability, performance, or operation, or for any other benchmarking or competitive reasons.
“Your Data” refers to any data and content kept or communicated by or on behalf of you or your end-users through the Services (which may include data you elect to import from third-party services you use). This includes the messages you send, the files you upload, the comments you make on those files, and anything else you type or upload into OnDeGo.
While using the Services, you are entirely responsible for your behaviour, the content of Your Data, and your conversations with others. For instance, it is your obligation to verify that you have all necessary rights and permissions to comply with these Terms and to avoid infringing or violating any third-party rights. You are responsible for your users’ compliance with these Terms and will take commercially reasonable steps to prevent unauthorised access to or use of the Services, as well as quickly inform us of any such unauthorised access or use.
You recognise that OnDeGo is under no responsibility to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety, or legality of Your Data or any other material or content accessible through the Services.
You are entirely responsible for the security of your account and for any activities that occur under your account and for any other actions done in connection with your account. You must inform OnDeGo promptly of any unauthorised usage of your account or any other security breaches.
You will only use the Services for internal business purposes and in compliance with all relevant laws, rules, and regulations. You are solely responsible for your activity on, within, or in connection with the Services. You agree not to use the Services for illicit purposes or to engage in any illegal, offensive, indecent, or objectionable behaviour, including the violation of any third party privacy or other rights.
You are entirely responsible for any activity on Your account(s) and the protection of Your passwords. Regardless of the above, OnDeGo disclaims all responsibility (whether in contract, tort, or otherwise) for any unauthorised access to your or your users’ accounts caused by your acts or inactions.
Except for the few exclusions indicated in our Privacy Policy, all of Your Data stays viewable only to you unless you choose otherwise. The Services, on the other hand, enable you to share Your Data with others. We cannot be responsible for what other users do with Your Data if you choose to share it, so please be cautious about what you share and with whom you share it.
OnDeGo’s Customer Support and Customer Success teams may be an exception to this rule. When you communicate with them by email, your authorization to access your account is immediately granted to people assisting you with your case. Unless you expressly specify that you do not provide such authorization and acknowledge that limited assistance may be offered to you.
We make no assurances that Your Data will be secure against loss, theft, misuse, or unauthorised access, disclosure, modification, or destruction. You accept that it is your duty to utilise an encrypted secure connection when delivering Your Data to us and to maintain your own backup copies of Your Data. You alone are responsible for safeguarding your passwords, restricting access to your computers and devices, and logging out of the OnDeGos when not in use.
You are solely responsible for your use of the services and their content. Each of the services and service material is provided “as is” and “as available.” We, our suppliers, and licensors explicitly disclaim any warranties, express or implied, of any kind, including, but not limited to, implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement. We make no representations or warranties about the accuracy, completeness, or usefulness of the services or any service material, and you use the services and service content at your own risk. You access and get content via our services at your own risk, and you will be entirely liable for any damage to your computer or loss of data that arises from the download of any material through our services. Without limiting the above, no advice or information, whether oral or written, gained by you from us or via or from our services will establish any guarantee unless explicitly contained in this agreement. Certain states may restrict warranty disclaimers, and you may have additional rights that differ by state.
Certain information and material available through the Services may be protected by third-party intellectual property rights. Please do not copy, upload, download, or distribute any information or material unless you have obtained the necessary permissions. You, not OnDeGo, shall be entirely accountable and liable for anything you copy, distribute, upload, download, or otherwise use in connection with the Services. You must not upload malware or other harmful software to the Service or use it to send unsolicited emails.
You are solely responsible for maintaining and securing Your Data, not OnDeGo. OnDeGo will not be responsible for any loss or corruption of Your Data, nor for any charges, fees, or expenditures incurred in backing up or restoring Your Data.
You must contact us quickly if any information about your account changes, and you must keep your information updated. If you are under the age of 18, you may not use the Services. By accepting these Terms, you declare to us that you are above the age of 18.
You agree not to participate in any conduct that might constitute a violation of any of these laws or regulations by OnDeGo, and you agree to compensate OnDeGo for any fines, penalties, or other liabilities incurred by OnDeGo as a result of your failure to comply with these terms.
You shall pay any costs associated with the OnDeGo services as described in the billing part of the OnDeGos or, if appropriate, the Order Form. Our fees are exclusive of any taxes, levies, charges, and similar governmental assessments of any kind, including, but not limited to, value-added, sales, use, and withholding taxes imposed by any jurisdiction. You are responsible for any applicable taxes on your purchases. You agree that your purchases are not conditional on the supply of future functionality or features or on any oral or written public statements made by us about future functionality or features.
You are allowed to advertise your own websites, but any marketing that includes OnDeGo may be interpreted as a collaborative effort by the public or the press. You should be aware that OnDeGo has a strict policy against some kinds of advertising.
If you suspect that anything on OnDeGo or that OnDeGo links to infringes your copyright, you are urged to inform OnDeGo in line with the DMCA Policy.
Payments for the OnDeGo are made in advance in line with our price plan, and all payments are non-refundable. All subscriptions, whether monthly or yearly, will renew automatically on the scheduled renewal date unless the consumer cancels prior to the renewal date. No refunds or credits will be issued for partial months of service, upgrade/downgrade refunds, or months unused with an open account. You will not be refunded for any services previously paid for if you cancel.
You may discontinue using our Services at any time, and we retain the right to suspend or terminate our Services to you in whole or in part, with or without reason and with or without notice, without incurring any obligation. Without limitation, we may suspend or terminate your usage if you violate these Terms or if your use of the Services creates a legal responsibility for us, disrupts the use of OnDeGo services by others, or causes harm to our company or reputation, or for any other reason. We will attempt to notify you in advance and assist you in retrieving data if we suspend or terminate your use, but in some cases (for example, repeated or flagrant violations of these Terms, a court order, or danger to other users), we may suspend or terminate your account and access to the OnDeGo services immediately. You understand that if your access to the Service is interrupted or terminated, you may lose access to Your Data that is kept on the Service’s servers.
You agree to indemnify, defend, and hold harmless the OnDeGo parties from and against any and all third-party claims and related losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from (i) any Content, (ii) your use of the Services, or (iii) any violation of any Law or this Agreement by you or your Content. We will indemnify, defend, and hold you harmless from any and all third-party claims and associated losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising out of an allegation that the OnDeGo services infringe or misappropriate any third-party intellectual property right.
To the fullest extent permitted by law, neither OnDeGo nor any of its subsidiaries, affiliates, officers, employees, agents, suppliers, or licensors will be liable for any indirect, special, incidental, punitive, exemplary, or consequential (including loss of use, data, business, or profits) damages, regardless of the legal theory, regardless of whether OnDeGo has been advised of the possibility of such damages, and regardless of whether a remedy fails of its essential purpose.
This Agreement contains the complete agreement between OnDeGo and you about the subject matter hereof, and they may be updated only by a written modification signed by an authorised executive of OnDeGo, or by OnDeGo’s posting of a new version.
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be interpreted in a manner consistent with the parties’ original purpose, and the other provisions will continue in full force and effect. A party’s waiver of any term or condition of this Agreement or any breach thereof in any one instance does not constitute a waiver of such term or condition or any future breach thereof.
Without OnDeGo’s explicit written approval, you may not transfer your rights under this Agreement to another person; OnDeGo may assign its rights under this Agreement without restriction. This Agreement shall be binding on the parties, their successors, and authorized assigns, and will inure to the benefit of the parties, their successors, and permitted assigns.