Terms and Conditions

Before using the ‘Doshi’ app (the “App”) you should read this agreement carefully.

By clicking on the "[I accept]" button on the App, you agree to these terms which will bind you.

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1. ABOUT US

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Doshi App Limited (trading as ‘Doshi) is a private limited company incorporated and registered in England and Wales with company number 13807674 whose registered address is at 36 Gloucester Place Mews, London W1U 8BA.

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To contact us, please email at hello@doshi.app.

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2. BY USING THE APP YOU ACCEPT THESE TERMS

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These terms and conditions set out the basis on which you may download and use the ‘Doshi’ app. 

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By using the App, you confirm that you accept these terms and conditions and that you agree to comply with them.

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If you do not agree to these terms, you must not use the App. 

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We recommend that you print a copy of these terms for future reference.

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3. YOUR PRIVACY

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Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, and it is important that you read that information. We will only use any personal data that we collect through your use of the App in the ways set out in our Privacy Policy. By using the App, you acknowledge such processing and you warrant that all data provided by you is accurate.

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Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

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4. OTHER APPLICABLE TERMS

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These terms and conditions refer to our Cookie Policy which also applies to your use of the App and sets out the information about the cookies used by us.

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5. APPSTORE TERMS ALSO APPLY

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The ways in which you can use the App may also be controlled by Apple or Google rules and policies and such rules and policies will apply instead of these terms where there are differences between the two. 

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6. OPERATING SYSTEM REQUIREMENTS

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This App requires a smart device with a minimum operating system of iOS 13 or above or Android 8 or above.   

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7. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

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Support. If you want to learn more about the App or have any problems using it or complaints then please email us at hello@doshi.app. 

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How we will communicate with you. If we have to contact you we will do so using the contact details you have provided to us. 

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8. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

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In return for your agreeing to comply with these terms you may:

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1. download a copy of the App onto one or more phones or other handheld devices and view, use and display the App on such devices for your personal purposes only; and 
2. use any electric documentation (“Documentation”) to support your permitted use of the App.

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9. YOU MUST BE 13 OR OVER TO ACCEPT THESE TERMS AND USE THE APP

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You must be 13 or over to accept these terms and use the App.  

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10. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

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We are giving you personally the right to use our App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. 

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11. WE MAY MAKE CHANGES TO THESE TERMS

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We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Every time you wish to use the App, please check these terms to ensure you understand the terms that apply at that time.

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12. UPDATES TO THE APP

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From time to time we may automatically update the App to improve performance, reflect changes in law or best practice, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

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If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

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13. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

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If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

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14. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

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By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve the App. 

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15. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

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The App may contain links to other independent apps or websites which are not provided by us. Such independent apps or sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

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You will need to make your own independent judgement about whether to use any such independent apps or sites, including whether to buy any products or services offered by them.

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16. LICENCE RESTRICTIONS

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1. You agree that you will:

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1. not rent, lease, sub-license, loan, provide, or otherwise make available, the  App in any form, in whole or in part to any person without prior written consent from us;

2. not copy the App or any Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;

4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

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• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

• is not used to create any software that is substantially similar in its expression to the App;

• is kept secure; and

• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

17. ACCEPTABLE USE RESTRICTIONS

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You must:

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• not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.

18. INTELLECTUAL PROPERTY RIGHTS

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All intellectual property rights in the App, throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms and the terms of any agreement between us.

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19. OUR LIABILITY

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1. Limitations of liability whether you are a consumer or a business user:

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• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  
• Different limitations and exclusions of liability will apply to liability arising under the Terms of Use [hyperlink] for access to and use of the services provided via the App.

2. Limitations of liability if you are a business user: 

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1. We exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content on it.

2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the App; or
• use of or reliance on any content displayed on the App.

3. We will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

3. Limitations to liability if you are consumer: 

• If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in the course of allowing you to use the App, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example damage arising from you downloading the App as referred to in clause 19.5.1 below. 
• You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4. Limitations to the App:

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The App is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

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5. When we are liable for damage to your property. 

If your download of the App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

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6. Please back-up content and data used with the App: 

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We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

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7. Check that the App is suitable for you:

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The App has not been developed to meet your individual requirements or the individual requirements of your business. Please check that the facilities and functions of the App (as described on the applicable appstore site) meet your requirements.

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8. We are not responsible for events outside our control. 

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If our provision of the App or related support is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

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20. CONSEQUENCES OF BREAKING THESE TERMS

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1. We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

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2. If we end your rights to use the App:

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• You must stop all activities authorised by these terms, including your use of the App.

• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

• We may remotely access your devices and remove the App from them and cease providing you with access to the content.

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21. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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22. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

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You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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23. NO RIGHTS FOR THIRD PARTIES

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This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

24. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE‍

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Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

25. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

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Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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26. APPLICABLE LAW

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• If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. Notwithstanding the foregoing, you can rely on the mandatory provisions of the law of the country in which you are resident. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are resident in another country you may bring proceedings for the enforcement of the applicable mandatory provisions in the country where you are resident.

• If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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