OpenTask Terms of Service

Last modified: November 27th, 2023.

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and OpenTask ("we", "us", or "our"), concerning your access to and use of the opentask.app website (the "Services").

You agree that by accessing the Services, you have read, understood, and agree to be bound by the following Terms of Service, including our Privacy Policy (together, these "Terms"). If you are not eligible or do not agree to the Terms, you are expressly prohibited from using the Services and must discontinue use immediately. Your use of the Services and OpenTask's provision of the Services to you constitutes an agreement by OpenTask and by you to be bound by these Terms.

Arbitration NOTICE. Except for certain kinds of disputes described in the "Dispute resolution and arbitration" section, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these terms, you and OpenTask waive the right to a trial by jury or to participate in any class action or representative proceeding.

About OpenTask Services

We offer productivity software services that allow users to organize projects and tasks in one place.

Eligibility

The Services are intended for users who are at least 13 years old. Individuals under the age of 13 are not permitted to use or register in the Services.

User account and registration

You must register for an account to access the Services. You may register using your existing third-party account, such as Google or Twitter, or create a separate account for the Services. Upon registration, you may need to provide us with personal details like your name, email address, and other relevant contact information. You agree that the information you provide us is accurate and that you will always keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, email us at opentaskapp@gmail.com immediately.

Licenses

Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal use or for your employer's, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services to which you have subscribed, including the right to install and use a reasonable number of object code copies of any mobile application associated with the Services obtained from a legitimate marketplace on a mobile device that, as applicable, either you own or control, or your employer owns or controls.

Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by us, you may not:

1. Reproduce, distribute, publicly display or perform the Services.
2. Make modifications to the Services.
3. Interfere with or circumvent any feature of the Services, including any security or access control mechanism.

If you are prohibited under applicable law from using the Services, you may not use it.

Suppose you provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"). In that case, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

Proprietary rights and ownership

The Services are owned and operated by OpenTask. The design, visual interfaces, graphics, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ("Materials") provided by us are protected by intellectual property and other laws. All Materials included in the Services are the property of OpenTask or its third-party licensors. Except as expressly authorized by us, you may not use the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

User Content

In these Terms, the following definitions apply:

1. "Content" means any data, text, files, information, profiles, usernames, photos, graphics, images, audio and video clips, sounds, musical works, works of authorship, applications, links, created projects, created tasks, text, files, and other content or materials.
2. "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes, without limitation, User Content.

We will store data you send to the Services to ensure the Services are running smoothly, along with information regarding your use of the Services. While we may keep backup data, you must ensure the safety of all data you transmit or related to your activity on the Services. By using the Services, you agree that we are not liable for any loss or damage to this data, and you waive any right to take legal action against us for such occurrences.

We do not hold any ownership rights to the Content you submit or create solely in your OpenTask Services account. Any Content that belongs to you will continue to be yours. These Terms do not give us any licenses or rights to your Content, except for the limited rights we require to provide you with our Services. However, we reserve the right to review the Content to enhance our Services and ensure customer satisfaction.

Similarly, any data we gather from your use of the Services for reporting purposes belongs to you. By using the Services, you agree that we can use this data to provide the Services to you. You also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to use it otherwise to provide the Services.

You represent and warrant that:

1. You own the Content posted by you on or through the Service, or you have the necessary rights to grant the permission and licenses outlined in these Terms.
2. The posting and use of your Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, and other intellectual property rights.
3. By using the Service, you are responsible for paying any royalties, fees, or other monetary obligations incurred from posting Content.
4. A reasonable person could not deem your Content to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
5. You have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

By using the Services, you agree that we do not take responsibility for any Content posted on it, and we do not endorse it. We are not obligated to prescreen, monitor, edit, or remove any Content. You may be held legally responsible if your Content violates these Terms.

Prohibited activities

By using the Services, you agree not to:

1. Use the Services for any illegal purpose or to violate local, state, national, or international law.
2. Harass, threaten, demean, embarrass, or otherwise harm any other user of the Services.
3. Violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third party's intellectual property right or using or disclosing the confidential information of any third party without permission.
4. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
5. Engage in any automated system use, such as scripts to create projects, tasks, comments, or messages, or using data mining, robots, or similar data gathering and extraction tools.
6. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and the Content contained therein.
7. Disrupt the Services or any user's experience on the Services, including uploading or sharing any harmful code like viruses, trojan horses, adware, spyware, or worms.
8. Send unwanted ads or offers to other users.
9. Collect personal information about other users or third parties without permission.
10. Interfere with or disrupting any network, equipment, or server used to provide the Services.
11. Misuse our support services or submit false reports of abuse or misconduct.
12. Perform any fraudulent activity, including impersonating any person or entity or accessing any other Services account without permission.
13. Sell or transfer the access granted under these Terms, or any Materials or any right or ability to view, access, or use any Materials.
14. Attempt to do any of the acts described in this Section or assist or permit any person to engage in any of the actions described in this Section.

Copyright or Intellectual Property violation

We respect the intellectual property rights of all individuals. If you think that any content on our Services infringes on your copyright, please get in touch with us immediately through email at opentaskapp@gmail.com. Please take note that making false claims can result in legal consequences. If you need clarification on whether the content violates your copyright, we suggest seeking legal advice before making a claim.

Privacy Policy

Please review our Privacy Policy. The Privacy Policy of OpenTask is included in these Terms as a reference and is considered a part of them.

Term and termination

These Terms are effective beginning when you accept the Terms or first access or use the Services.

If you violate any provision of these Terms, your authorization to use the Services and these Terms automatically terminates. OpenTask reserves the right to terminate your account or these Terms, or to suspend or terminate your access to the Services, at any time and for any reason, with or without notice, at its own discretion. If you wish to end your account and these Terms, you can do so by contacting us at opentaskapp@gmail.com.

If we terminate or suspend your account for any reason, you are not allowed to create a new account under your name, a false name, or any third-party name, even if you represent the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.

Modifications and interruptions of the Services

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice. We will not hold any liability to you or any third party for any modification, price change, suspension, or discontinuation of the Services.

We cannot guarantee that the Services will be available at all times. We may experience software, hardware, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, update, suspend, or discontinue the Services at any time or for any reason without your notice. By using our Services, you agree that we cannot be held responsible for any losses, damages, or inconveniences arising from your inability to access or use the Services during periods of downtime or discontinuation. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in addition to that.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Your Contributions.
2. Use of the Services.
3. Breach of these Terms.
4. Any breach of your representations and warranties outlined in these Terms.
5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
6. Any overt harmful act toward any other user of the Services with whom you connected through the Services.

Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.

Disclaimer

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. OPENTASK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. OPENTASK DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND OPENTASK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR OPENTASK ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OPENTASK ENTITIES OR THE SERVICES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (A) THE SERVICES; (B) THE ACTIONS OR INACTIONS OF USERS THAT YOU INVITE TO THE SERVICES; (C) YOUR ABILITY OR INABILITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT FROM ANY PROJETCS OR TASKS; (C) THE PROCESSING OR USE OF YOUR USER CONTENT BY AN ORGANIZATION; AND (D) YOUR DEALING WITH ANY OTHER SERVICE USER, ADMINISTRATOR, OR ORGANIZATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

OpenTask does not disclaim any warranty or other right that OpenTask is prohibited from disclaiming under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE OPENTASK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OPENTASK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

Dispute resolution and arbitration

1. Generally.

In resolving disputes between you and OpenTask most expediently and cost-effectively, subject to all applicable laws except as described in 2. Exceptions and 3. Opt-Out below, you and OpenTask agree that every dispute arising with these Terms and your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Service, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OPENTASK WAIVES TO THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section (Dispute resolution and arbitration) does not affect those requirements.

2. Exceptions

Despite the provisions of Section "1. Generally", nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section (Dispute resolution and arbitration) within 30 days after the date that you agree to these Terms by sending an email to opentaskapp@gmail.com that specifies:

• Your full legal name.
• The email address associated with your account on the Services.
• A statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once OpenTask receives your Opt-Out Notice, this Section (Dispute resolution and arbitration) will be void, and any action arising out of these Terms will be resolved as outlined in Section Governing Law below. Your Opt-Out Notice will not affect the remaining provisions of these Terms.

4. Arbitrator

Any arbitration between you and OpenTask will be settled under the law of Brazil and administered by the "Centro Brasileiro de Mediação e Arbitragem" ("CBMA"), under its Arbitration Rules (collectively, "CBMA Rules") as modified by these Terms. The CBMA Rules are available online at cbma.com.br or by calling the CBMA at +55 21 2233 9974. The arbitrator has exclusive authority to resolve any dispute relating to this binding arbitration agreement's interpretation, applicability, or enforceability.

5. No class actions

YOU AND OPENTASK AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OpenTask agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

6. Modifications to this arbitration provision

If OpenTask makes any future change to this arbitration provision, you may reject the change by mailing us a notice within 30 days of the change to opentaskapp@gmail.com, in which case your account with OpenTask will be immediately terminated, and this arbitration provision, as in effect immediately before the changes you rejected will survive.

7. Enforceability

If Section 5. No class actions or the entirety of this Section (Dispute resolution and arbitration) is found to be unenforceable, or if OpenTask receives an Opt-Out Notice from you, then the entirety of this Section (Dispute resolution and arbitration) will be null and void and, in that case, exclusive jurisdiction and venue described in Section Governing Law will govern any action arising out of or related to these Terms.

Governing law

These Terms are governed by the laws of Brazil and the State of Santa Catarina, Brazil, without regard to conflict of law principles. You and OpenTask submit to the personal and exclusive jurisdiction of the state and federal courts in Florianópolis, Santa Catarina, to resolve any lawsuit or court proceeding permitted under these Terms. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (visit ec.europa.eu/consumers/odr for more information).

Miscellaneous

The Privacy Policy and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and OpenTask regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Throughout these Terms, "including" means "including but not limited to". If any part of these Terms is held 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.

Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services. All additional terms are incorporated by this reference into and made a part of these Terms.

We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.

Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.

Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

Contact information

You may contact us by sending an email to opentaskapp@gmail.com.