Last Updated: January 10, 2025
Thoughtswork LLC, (Thoughtswork or "we") provides the dootoo website, mobile application, and other online products and services (we call these the "Services"). By using the Services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, including the mandatory arbitration provisions in Section 13, do not access or use the Services.
If Thoughtswork makes changes to these Terms, we may inform you by posting a notice on the Services or updating the "Last Updated" date above.
By continuing to access or use the Services of the updated Terms, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must stop accessing and using the Services.
To use the Services or submit any information to Thoughtswork, you must be at least 13 years of age.
By using the Services, you agree to:
You understand that you are responsible for all data charges you incur by using the Services.
The Services allow you and other users to create, post, send and store text (we call these "User Content"). You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which we may update from time to time.
If you submit or post User Content to the Services, you grant Thoughtswork a non-exclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Thoughtwork's marketing and promotional activities. You agree that this license includes the right for Thoughtswork to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant Thoughtworks the right to publicly display your username in connection with User Content.
You understand that User Content may be displayed publicly. Thoughtswork does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.
You may only post User Content that:
In connection with the User Content submitted to Thoughtswork (we call these "User Submissions"), you affirm, represent, and/or warrant that:
In connection with User Submissions, you further agree that you will not:
Thoughtswork does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Thoughtswork expressly disclaims any and all liability in connection with User Submissions. Thoughtswork does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Thoughtswork will remove all Content and User Submissions if properly notified that such User Content or User Submissions infringes on another's intellectual property rights. Thoughtswork reserves the right to remove Content and User Submissions without prior notice. Thoughtswork will also terminate a User's access to it's Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Submissions removed from the Services more than twice. Thoughtswork may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
You understand that when using the Services offered by Thoughtswork, you will be exposed to User Submissions from a variety of sources, and that Thoughtswork is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thoughtswork with respect thereto, and agree to indemnify and hold Thoughtswork, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk. You further agree not to:
All copyrights and trademarks which are not the property of Thoughtswork, that are used or referred to on the Services are the property of their respective owners.
The Thoughtswork logos and any other product or service name or slogan contained in the Services are trademarks of Thoughtswork and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Thoughtswork logos and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Thoughtswork or its licensors or users and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, Thoughtswork does not grant any express or implied rights to use the Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that Thoughtswork is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Thoughtswork has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party. In addition, Thoughtswork will not and cannot censor or edit the content of any third-party site. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that Thoughtswork's terms and policies no longer govern and that the terms and policies of those third-party sites or services will then apply.
By using the Website, you expressly relieve Thoughtswork and any third-party provider, and their respective affiliates and the officers, directors, employees and agents of the foregoing, from any and all claims, causes of action, costs, damages and expenses of any type and nature whatsoever, arising out of or related to such content or from any and all liability arising from your use of any third-party website and the content thereof. Accordingly, you must read the terms and conditions and privacy policy of each other website that you visit from the Services or from whom content is posted on the Services. Where possible and as required, we will post a citation or other reference to the source and all User Submissions must cite to third party materials.
Separate from the User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Other Submissions"). You acknowledge and agree that the Other Submissions are non-confidential and will become the sole property of Thoughtswork. You agree to execute any documentation required by Thoughtswork to confirm such assignment to Thoughtswork.
Thoughtswork provides a platform for users to communicate and interact with one another. You are solely responsible for your interactions with other users and Thoughtswork has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with other users.
You agree to defend, indemnify and hold harmless Thoughtswork, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Thoughtswork Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:
To the fullest extent permitted by applicable law, the services and service materials are provided on an "as is" basis without warranties of any kind, either express or implied, except as expressly provided to the contrary in a writing by Thoughtswork. Thoughtswork disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services and service materials. Thoughtswork does not represent or warrant that the services or service materials are accurate, complete, reliable, current or error-free. Thoughtswork is not responsible for typographical errors or omissions relating to pricing, text or photography. While Thoughtswork attempts to make your access to and use of the services safe, Thoughtswork cannot and does not represent or warrant that the services or its servers are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.
To the fullest extent permitted by applicable law, in no event shall Thoughtswork or the Thoughtswork Parties be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services or the service materials, including without limitation any damages caused by or resulting from reliance on any information obtained through the services or that result from the online or offline conduct of you or anyone else in connection with the services (including without limitation bodily injury, death or property damage), mistakes, omissions, interruptions, deletion of files or user content, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Thoughtswork's records, programs or services. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Thoughtswork or the Thoughtswork Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services or to these terms exceed any compensation you pay, if any, to Thoughtswork for access to or use of the services, or, if you have not paid expertise for the use of any services, the amount of $25.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you depending on your country of residence.
Thoughtswork reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services, without prior notice. You agree that Thoughtswork will not be liable for any modification, suspension or discontinuance of the Services, or any part of the Services.
Please read this section carefully because it requires you to arbitrate disputes with Thoughtswork and limits the manner in which you can seek relief from Thoughtswork.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Thoughtswork waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential and binding arbitration held in-person at Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Thoughtswork agree that any dispute arising out of or related to these Terms or the Services is personal to you and Thoughtswork and that you and Thoughtswork will not commence against the other a class action, class arbitration or other representative action or proceeding.
As limited by the Federal Arbitration Act, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and Thoughtswork agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Thoughtswork must be sent to contact@thoughtswork.co.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration provision in Section 13 does not apply (if ever), you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
You may terminate these Terms at any time and for any reason by deleting your User Account and discontinuing use of all the Services from Thoughtswork. If you stop using the Services without deleting your User Account, Thoughtswork reserves the right to deactivate your User Account due to prolonged inactivity.
Thoughtswork reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your future access to, and use of the Services for any or no reason including for violating these Terms or our Community Guidelines.
The following sections will survive any termination of these Terms or of your User Account: Section 2: User Content, Section 3: Acceptable User of the Services, Section 8: Indemnification, Section 9: Disclaimers, Section 10: Limitation of Liability, Section 12: Arbitration, Section 13: Applicable Law and Venue, Section 14: Termination and Section 16: Miscellaneous.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire legally binding agreement between you and Thoughtswork regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any rights or obligations under these Terms without Thoughtswork's prior written consent. Thoughtswork may, without restriction, assign any of our rights and obligations under these Terms, at its sole discretion, with 30 days' prior notice. Your right to terminate these Terms at any time pursuant to Section 14 remains unaffected.
Any questions, feedback, suggestions, comments about the Services offered by Thoughtswork may be shared at contact@thoughtswork.co.