These terms and conditions (the "Terms and Conditions", "Terms" or the "Agreement") describe in detail the terms under which you are allowed to use the docomondo service (the "docomondo Service", "docomondo" or the "Service") and our rights relating to the provision of the Service, so please review them carefully. These Terms and Conditions include terms regarding privacy, limitations on liability, WAIVER OF CLASS ACTIONS AND JURY TRIALS, AND RESOLUTION OF DISPUTES BYARBITRATION INSTEAD OF IN COURT, among other things.
This Agreement is effective on [17.07.2025]. Your continued use of the Service after that will signify you have read, understood, and accept and agree to be bound by this Agreement. We reserve the right to amend this Agreement from time to time. Where a modification is deemed material—meaning a change that significantly affects your rights, obligations, or the core functionality, pricing, or legal terms of the Service—we will notify you at least 14 days in advance via the Service interface or by email. Material modifications include, but are not limited to, changes to subscription pricing, payment terms, data processing practises, user rights under these Terms, or dispute resolution mechanisms. Non-material changes—such as grammatical corrections, formatting updates, or the introduction of new features that enhance functionality without affecting user rights or obligations—may be made without prior notice. This allows us to continuously improve the Service, for example, by adding new budgeting tools, analytics features, or document management enhancements, without delay.
Material changes—such as those that impact pricing, data usage practices, dispute resolution terms, or user rights (e.g., through changes to cloud infrastructure)—will be communicated in advance, with the effective date specified in the notice. All such material changes will also be published on docomondo.com (the "Website").
If you do not agree to any revised Terms, you may terminate your Account before the changes take effect. Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms.
1. INTRODUCTION
The docomondo Service is operated by Panera Tec AG ("Panera"), a company incorporated under the laws of Liechtenstein, having its registered office and principal place of business on Im Besch 21, 9494 Schaan, Liechtenstein.
These Terms apply to all who access the docomondo Service as a visitor or registered user ("you" or the "User").
You and Panera are each a "Party" and jointly referred to as the "Parties".
The Terms include the provisions set forth in this document and in Panera's privacy policy (the "Privacy Policy") and other terms or conditions that may be presented by us and accepted by you from time to time in connection with the Service.
If you do not agree to these Terms, you do not have the right to access or use our Service and may not click to accept the Terms when prompted. By registering for or using the Service, you expressly acknowledge and agree to be bound by these Terms, including our Privacy Policy. By using the Service, you acknowledge, accept and agree with all provisions of the Terms, including, without limitation, the use and treatment of the files, text, images, and other data you choose to input, upload or store on the Service (collectively, "Content") and your personal data in accordance with our Privacy Policy.
2. SERVICES
2.1 ABOUT DOCOMONDO
For the purposes of this Agreement, docomondo refers collectively to the suite of digital services and applications made available by Panera Tec AG under the “docomondo” brand. This includes, without limitation:
These services (individually and collectively referred to herein as the “Service”) may be accessed through mobile applications, web platforms, desktop clients or other supported endpoints.
Panera provides the Service as a set of digital tools to facilitate individual and organisational productivity. While using the Service, you are solely responsible for ensuring that your activities—including uploading, storing, sharing, or processing any content—comply with all applicable laws, including data protection and intellectual property laws. Panera disclaims all liability for content uploaded without appropriate legal authorisation. Any acquisition, copying, or use of information through the Service without lawful basis may infringe third-party rights and could expose you to legal liability.
2.2 RANGE OF LICENSE AND SERVICE
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the docomondo Services, including the DMS, Budget, and Expense applications (collectively, the “Service”), subject to your compliance with these Terms. Unless otherwise expressly authorised inwriting by Panera, you may install, access, use, and display the Service on your personal smart mobile devices, tablets, desktop systems, or other supported devices (“End-Devices”) for individual use.
Use of the Service for organisational or commercial purposes—such as multi-user expense management, shared budgeting, or team document collaboration—is permitted only where such functionality is expressly made available within the relevant Service and where the organisation has authorised access through an appropriate subscription plan or account structure. All other commercial use, including use on behalf of third parties, requires prior written authorisation from Panera
You may not sublicense, resell, or otherwise distribute the Service without our express written consent. This licence is limited and does not grant you any intellectual property rights in the Service other than as necessary to use it in accordance with these Terms.
2.3 ENJOYING DOCOMONDO
2.3.1 FREE TRIAL ACCESS
We offer new users a free trial of the docomondo Service (“Free Trial”) to explore the functionality of any or all of the following applications: Docomondo DMS, Docomondo Budget, and Docomondo Expense(collectively, the “Service”).
The Free Trial is available for a limited period, which may vary depending on the specific application, but shall not exceed 30 calendar days from the date of registration, unless otherwise stated on our Website or within the respective application.
During the Free Trial period, you will have access to premium features of the Service without charge. The scope of trial access may vary per application and is subject to reasonable usage limits which will be clearly communicated within the user interface. Panera reserves the right to modify or restrict trial
access at its discretion to prevent misuse or ensure service quality. To activate the Free Trial, you must create an account and provide basic registration data, such as your name and email address. You may also be required to agree to additional terms imposed by third-party service providers used within the Service.
At the end of the Free Trial period, continued access to the Service will automatically convert to a Paid Subscription, and the applicable subscription fee will be charged using the payment details provided at the start of the Trial, unless you cancel before the trial expires. As part of the Trial registration, you are required to enter valid payment information and explicitly consent to automatic billing upon expiry of the Free Trial period. We will notify you at least five (5) days before the Trial ends to remind you of the upcoming charge and provide you with instructions for cancellation should you wish to opt out. If you do not cancel the Trial before the end of the Free Trial period, your access will seamlessly continue under a Paid Subscription, and the subscription fee will be charged automatically. If your payment cannot be processed, your access may revert to a restricted state, and certain functionalities may become unavailable.
The Free Trial is available only once per user, per application, unless explicitly stated otherwise. Paner areserves the right to refuse, revoke or limit the Free Trial in cases of suspected fraud, abuse, or breach of these Terms.
2.3.2 THE TRIAL SERVICE
We offer time-limited, no-cost trial access to selected features of our paid subscription plans (“Trial” or“ Trial Services”) for new users. Trial durations vary by application as follows:
Trial access is granted once per user per application, unless expressly extended or renewed by Panera in writing. We may determine or restrict trial eligibility at our sole discretion, and reserve the right to amend, shorten, or terminate Trial availability at any time without liability, provided such modification is consistent with applicable law.
Unless you cancel before the Trial period ends, access to the relevant Service will terminate or, if you have provided billing details in advance, convert to a paid subscription in accordance with Section 3.4.We will notify you of any such transition prior to the expiry of the applicable Trial period.
For some Trials, we’ll require you to provide your payment details and create an account to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. We will notify you of the upcoming charge five days prior to the end of your Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAIDSUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE: (Apple Store: https://apple.co/2Th4vqI - Google Play https://play.google.com/store/account/subscriptions - Docomondo App - https://profile.docomondo.com/en/plan)
You create an Account by providing us with your name, an email address and creating a password. We refer to this as your "Registration Data". We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Registration Data. If you discover any unauthorizes of your Registration Data or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify us at support@docomondo.com.
To access your Account, you must log in to the docomondo Service using a supported platform. Some applications, such as the Web App, are accessible directly through a standard internet browser and do not require installation. Other versions of the Service—such as our mobile and desktop apps—must be installed on your compatible End-Devices. Obtaining suitable End-Devices and maintaining the necessary internet connectivity, data plans, or browser compatibility is your sole responsibility. Panera is not liable for the availability or performance of your device, internet service provider, or any telecommunications infrastructure required to access the Service.
In order to enjoy the Service to their fullest extent, you need to create a docomondo account (the" Account") by purchasing a subscription (the "Paid Subscription").
3. YOUR OBLIGATIONS
3.1 YOUR OBLIGATIONS IN A NUTSHELL
In order to use the Service, you need to:
You have the right to withdraw from any paid subscription within 14 days of activation, as detailed in Section 3.4.3.
3.2 MEETING THE AGE REQUIREMENTS
If you are a resident of one of the following countries, please reference this chart for your country-specific age restrictions. Where parental consent is required under applicable law, the parent or legal guardian must complete the registration process. Panera may, where necessary, require proof of such consent in accordance with Article 8 GDPR.
| Country | Age Requirements |
| Andorra*, Argentina*, Australia, Austria*, Bahrain, Belgium, Bolivia*, Costa Rica*, Czech Republic, Denmark*, Dominican Republic, Ecuador, El Salvador*, Estonia, Finland, France*, Greece*, Guatemala*, Honduras*, Hong Kong, Iceland, India, Ireland, Israel, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia*, Malta*, Mexico*, Monaco*, Morocco, New Zealand, Nicaragua*, Norway*, Oman, Palestine, Panama*, Paraguay*, Philippines*, Poland*, Portugal*, Qatar, Saudi Arabia, Singapore, South Africa, Spain*, Sweden, Switzerland, UAE, Turkey*, United Kingdom, Uruguay, Vietnam | Must be 18 or older, or be 13 or older and have parent or guardian consent. |
| Algeria | Must be 19 or older, or be 13 or older and have parent or guardian consent. |
| Brazil | Must be 18 or older, or be 16 or older and have parent or guardian consent. |
| Bulgaria*, Colombia*, Chile, Hungary, Peru, Romania | Must be 18 or older, or be 14 or older and have parent or guardian consent. |
| Canada | Must be 13 or older to use the Free and Trial Services. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. |
| Cyprus*, Italy, Lithuania, Netherlands | To use the Free and Trial Services, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older, or be 13 or older and have parent or guardian consent. |
| Egypt, Indonesia | Must be 21 or older, or be 13 or older and have parent or guardian consent. |
| Japan, Taiwan, Thailand | Must be 20 or older, or be 13 or older and have parent or guardian consent. |
| Slovakia* | Must be 16 or older, or be 13 or older and have parent or guardian consent. |
| Tunisia | Must be 18 or older. |
3.3 PROVIDING US WITH ACCURATE REGISTRATION DATA
In order to allow docomondo to be used more conveniently, you must create an account of your own and provide your authentic personal information. Please update such information if there is any change.
3.4 PAYING HE FEES IN ACCORDANCE WITH OUR PAYMENT TERMS
3.4.1 INTRODUCTION TO OUR PAYMENT TERMS
You must complete payment of the applicable fees advertised on our Website and Service (the "Fees") on time and in full in order to have access to a Paid Subscription.
We reserve the right to modify the payment standard and method according to our practical needs. This means that some current Trial Services may become Paid Subscription-based in the future. If you refuse to pay, you will no longer be able to use the service when we start to charge fees. We will publicize such changes on the Website and/or Service or inform you before you use relative services during the period of time. The price of product provided through the Website can change at any time. We will not offer price protection or refunds for price reduction or sale promotion.
Panera may also change the Fees for the Paid Subscriptions, including recurring subscription Fees from time to time and will communicate any Fee changes to you in advance and, if applicable, how to accept those changes. Fee changes will take effect at the start of the next subscription period following the date of the Fee change. Subject to applicable law, you accept the new Fees by continuing to use the Service after the Fee change takes effect. If you do not agree with a Fee change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the Fee change going into effect.
3.4.2 Purchasing A Paid Subscription
You may purchase a Paid Subscription through our third-party partner either by
You can find a list of all used Paid Subscription options on our website.
3.4.3 COOLING-OFF PERIOD
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the Paid Subscription (the "Cooling-off Period") in accordance with the following:
3.4.4 RENEWAL AND CANCELLATION
Unless your Paid Subscription has been purchased for a specific Term, your payment of the Fees will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then current subscription period by clicking here (Apple Store: https://apple.co/2Th4vqI - Google Play https://play.google.com/store/account/subscriptions - Docomondo App - https://profile.docomondo.com/en/plan). The cancellation will take effect on the day after the last day of the current term. Upon cancellation, you will lose access to all premium features, including budgeting tools, graphs, expense tracking, and document management features. However, fora limited time after cancellation (as notified at the time), you may still download your personal documents or exported data, subject to the terms of our Data Retention Policy.
If you cancel your Paid Subscription or terminate this Agreement (1) after the Cooling-off Period, or (2) before the end of the then-current term, no refunds will be provided for any Fees already paid.
3.4.5 USE OF THIRD PARTY PAYMENT PROCESSORS
In order to pay the Fees, you must select one of our third-party payment processors listed on our Website and/or Service (each a "Payment Processor"). You may be required to agree to terms and conditions and the privacy policy of that Payment Processor. You acknowledge that in order to avail of Paid Subscription-based services, you may be required to enter into an agreement with one of our Payment Processors, that we are not a party to those separate agreements and that we are not an affiliate of our Payment Processors.
You acknowledge and agree that we do not control our Payment Processors or their performance of payment processing services, and that we shall have no liability of any kind for any act or omission(including negligence) of our Payment Processors or any claim, demand, suit, damage, judgement, liability, loss, expense or cost incurred by you in relation to the performance or non-performance of payment processing services by our Payment Processors, other than to the extent to which any of the foregoing may arise from the gross negligence or willful misconduct of Panera.
3.4.6 TAXES
All fees are exclusive of applicable national, provincial, state, local or other taxes ("Taxes"), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and Panera and/or Payment Processor will charge Taxes in addition to the fees for the Services when required to do so. If Panera
has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you, you shall be liable for payment of any such indirect Taxes. Where Panera does not have a legal obligation to pay or collect indirect Taxes on a sale of Services to you, you may be required to self-assess those Taxes under applicable law.
3.5 UPLOADING LEGAL CONTENT
You must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. Uploading Content does not change its ownership status. You are legally responsible for the Content you submit to the Service. We may reserve the right to suspend and/or terminate your Account in case of infringement and abuse, such as spam, malware, and illegal content.
4 DISCLAIMERS; NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE IS PROVIDED“AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, OR NON-INFRINGEMENT.
PANERA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANERA OR ITS AUTHORISED REPRESENTATIVES SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTY PROVIDED.
THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LAW, INCLUDING THE RIGHT TO RECEIVE A SERVICE THATIS OF SATISFACTORY QUALITY, FIT FOR ITS INTENDED PURPOSE, AND AS DESCRIBED.THESE RIGHTS SHALL NOT BE EXCLUDED OR LIMITED BY THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE TERM “PANERA” IN THIS SECTION INCLUDES PANERA’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS.
5. LIMITATION OF LIABILITY
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL THE SERVICE AND TO STOP USING THE SERVICE. YOU AGREE THAT PANERA HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH
SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PANERA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL PANERA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, ORLICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY,OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), INCLUDING LOSS OR CORRUPTION OF USER DATA RESULTING FROM SYSTEM FAILURE, SERVICE INTERRUPTION, CYBERATTACKS, OR UNFORESEEN TECHNICAL ERRORS; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO PANERA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Panera does not guarantee the preservation of any data and recommends that users maintain independent backups of all essential information stored via the Service. Panera shall not be liable for any data loss except where such loss results directly from its gross negligence or wilful misconduct.
Nothing in the Agreements removes or limits Panera’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, or any liability that cannot be excluded under applicable law.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. CONTRACT MODIFICATION PROCEDURE
We may amend these Terms from time to time to reflect changes in law, technical developments, or our business operations. Where any such amendments are likely to materially impact your rights or obligations, we will provide you with prior notice by appropriate means (e.g., via the Service interface orby email).
“Material changes” include, but are not limited to, changes to pricing structures, data usage practises, dispute resolution mechanisms, or your key rights under this Agreement.
If you do not agree to a material change, you may terminate your Account before the effective date of there vised Terms without incurring any additional charge. Continued use of the Service after the effective date shall constitute your acceptance of the updated Terms.
We encourage you to review the Terms periodically. Non-material changes —such as grammatical corrections, formatting updates, or the addition of new features or improvements that enhance the Service without reducing existing functionality or affecting your rights or obligations—may be made without advance notice. This ensures we can continue to develop and release enhancements (e.g.,improved analytics, document import/export tools, or budgeting options) without delay. Where changes materially impact your rights, obligations, or access to core features (such as the integration of AI tools or migration to a new cloud infrastructure), we will notify you in advance as set out in these Terms
7. TERM AND TERMINATION
7.1 TERMINATION BY PANERA
In cases of gross misconduct (e.g. fraud, abuse, illegal use), Panera may terminate access immediately without notice.
Additionally, Panera reserves the right to delete inactive user accounts and associated data after a prolonged period of inactivity, provided that you are notified in advance by email and given a reasonable opportunity to reactivate your account or retrieve your data. The specific inactivity period and deletion schedule will be communicated via the Service or our Data Retention Policy.
Upon termination —whether initiated by Panera or resulting from inactivity— Panera may delete your Account and associated data, subject to its obligations under data protection law.
This clause shall not limit your statutory rights, including any rights to reimbursement or complaint under applicable law.
7.2 TERMINATION BY THE USER
You may terminate this Agreement and cancel your Account at any time by accessing the account settings panel or contacting Panera’s support team.
If you hold a Paid Subscription, cancellation will take effect at the end of your current billing cycle, unless a statutory right to a refund applies.
If you are a consumer based in the EU, UK or Liechtenstein, you may have a right to withdraw from this Agreement within 14 days of purchase, in accordance with applicable law. Your refund and cancellationrights are governed by Clause 3.4.3 of these Terms.
Nothing in this clause limits your legal rights or remedies under applicable consumer protection legislation.
7.3 EFFECT OF CANCELLATION OR TERMINATION
Upon termination or cancellation of your Account or these Terms:
(a) all rights and licences granted to you shall cease immediately;
(b) your access to the Service will be revoked;
(c) Panera will handle your data in accordance with its Privacy Policy and applicable data protection laws.
You may request erasure of your personal data where applicable under the GDPR or equivalent laws, unless retention is required for legal or compliance purposes.
The following provisions shall survive: Ownership; Proprietary Rights, User Content Licences, Indemnification, Disclaimers; No Warranties, Limitation of Liability, Dispute Resolution, and Miscellaneous.
8. YOUR RIGHTS
8.1 CONTENT RIGHTS
You retain copyright and any other rights you already held in your Content (subject to third-party rights)before you submitted, posted or displayed it on or through the Service. But you do have to grant Panera limited license, as described below, so we can make your Content accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Panera acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
8.2 THE LICENSE YOU GRANT TO PANERA
By uploading or submitting Content to the Service, you grant Panera a limited, non-exclusive, revocable license to access, use, reproduce, store, display, perform, and modify your Content solely for the purpose of operating, improving, and maintaining the Service in accordance with these Terms and applicable law. This license is granted for the duration your Content is hosted on the Service and may be withdrawn by you by deleting your Content or account, subject to any legal obligations for retention.
This license is non-transferable and non-sublicensable except where necessary to fulfil Panera's contractual obligations with its service providers, and only to the extent required to provide the Service to you.
If you use any third-party application integrated with Panera, you grant Panera the rights necessary to facilitate interoperability, subject to such third party’s terms. Panera assumes no responsibility for any action or omission of such third parties
You warrant that you have all necessary rights to submit the Content and grant this license, and that your Content does not infringe any third-party rights or applicable laws.
Panera may make technical adaptations to your Content solely to ensure compatibility with the Service. Nothing in this clause limits your rights under data protection law, including the right to object to processing or request deletion.
9. PANERA'S RIGHTS
9.1 RIGHTS TO THE SERVICE
The Service and the information available on the Service (the "Service Content") are the property of Panera or Panera's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service Content. You promise and agree that you are using the Service and Service Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Service Content.
9.2 SERVICE CONTENT RIGHTS
While you own the Content you store within the Service (subject to third-party rights), you acknowledge and agree that Panera (and our licensors) own(s) all legal right, title and interest in and to the Service Content, including, without limitation, all software that is part of the Service and all Panera software deployed by you or a third party outside the Service, or any of the Panera software applications for compatible End-Devices that enable access and use of the Service through such End-Device.
9.3 INTELLECTUAL PROIPERTY RIGHTS
You acknowledge that all rights, title, and interest in and to the Service, including all associated intellectual property rights—such as trademarks, patents, trade secrets, designs, and copyrights—are and shall remain the exclusive property of Panera or its licensors. These rights are protected by applicable international and national laws, treaties, and regulations. You may not modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of any part of the Service unless:
(a) You are expressly permitted to do so under an applicable open-source licence for that component,
(b) You have our prior written consent, or
Nothing in this clause limits your rights to any Content that you upload to the Service, which remains your intellectual property (subject to rights granted in Clause 8.2).
9.4 RIGHT TO MODIFY DOCOMONDO
Panera may from time to time introduce improvements, updates, or modifications to the Service in order to enhance functionality, ensure security, or comply with legal obligations.
Where any such change materially reduces the functionality of the Service or significantly impacts your use, we will provide you with reasonable advance notice via the Service or by email.
Panera reserves the right to implement limits to Service features, such as storage capacity or transmission frequency, provided such limitations are reasonable and proportionate.
We will not delete or render inaccessible your Content without providing prior notice, except where suchdeletion is required by law or necessary for technical or security reasons.
Except in the case of gross negligence or wilful misconduct, Panera shall not be liable for temporary unavailability of the Service due to technical changes or system maintenance. Nothing in this clause shall limit your statutory rights or remedies.
9.5 RIGHT TO ENGAGE THIRD PARTIES
Panera engages certain affiliates or other third parties ("Service Providers") to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Panera may contract with third-party payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content.
9.6 RIGHT TO USE THIRD PARTY SOFTWARE
The docomondo Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third-Party applications") and third-party End-Devices to make the Service available to you. These Third-Party Applications and End-Devices may have their own terms and
conditions of use and privacy policies and your use of these Third-Party Applications and End-Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Panera does not endorse and is not responsible or liable for the behaviour, features, or
content of any Third-Party Application or End-Device or for any transaction you may enter into with the provider of any such Third-Party Applications and End-Devices, nor does Panera warrant the compatibility or continuing compatibility of the Third-Party Applications and End-Devices with the
Service. We expressly disclaim any warranty or other assurance to you regarding such Third-Party Applications and End-Devices.
9.7 RIGHT TO UPDATE DOCOMONDO
In connection with any modification of docomondo, Panera may automatically download software updates on your End-Devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Panera will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g. security risks), Panera may require you to install the update to continue accessing the Service. In all cases, you agree to permit Panera to deliver these updates to you (and to receive them) as part of your use of the Service. You are encouraged to promptly install all such updates made available to you. If you choose not to install such updates, some functionalities and/or features of the Service may not be available to you or perform as expected.
10. THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as Service store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreement is not intended to grant rights to anyone except you and Panera, and in no event shall the Agreement create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
11. DATA PRIVACY
Panera processes personal data in accordance with the EU General Data Protection Regulation (EUGDPR), UK GDPR (where applicable), and the Liechtenstein Data Protection Act (DSG). Full details of our data practises are outlined in our Privacy Policy, which forms part of these Terms.
By using the Service, you acknowledge that we collect and process certain personal data about you to provide, secure and improve our Service. This includes identification data, contact information, usage data, and any content you upload. The lawful bases for processing include performance of a contract, compliance with legal obligations, consent (where applicable), and legitimate interests.
You have rights under applicable law, including the right to access, rectify, erase, restrict or object to processing, and the right to data portability. Where consent is the legal basis, you may withdraw it at anytime.
We may transfer personal data to trusted third-party providers in the EEA or in third countries with adequate protection. Where required, appropriate safeguards under Articles 44–49 GDPR are applied(e.g. SCCs).
We remind you that content uploaded to the Service may involve third-party personal data. You are responsible for ensuring lawful collection and disclosure of such data and indemnify Panera against any misuse.
If you have any queries or wish to exercise your rights, please contact our Data Protection Officer (DPO) via privacy@docomondo.com.
You acknowledge and promise that you will fully respect the privacy of anyone you have access to within the Service and will not collect, duplicate, store, disseminate, spread or misuse others' private information without permission. If you make malicious use of other people’s personal data or undisclosed information, or infringe other users’ privacy or undisclosed information by any other means(including but not limited to harassment to other users), we are entitled to restrict or terminate your account privilege until finally delete your account at any time, and we reserve the right to unilaterally terminate this agreement and request you to bear legal liabilities.
12. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
12.1 INFORMAL DISPUTE RESOLUTION
Before filing a claim against Panera, you agree that you must try to resolve the dispute by first emailing support@docomondo.com with a description of your claim. Panera will try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or Panera may then bring a formal proceeding
12.2 MANDATORY AND BINDING ARBITRATION, CHOICE OF LAW, SEAT OF ARBITRATION FOR U.S. USERS
If you are a U.S.-based User and informal dispute resolution under Section 12.1 fails, either Party may initiate binding arbitration governed by the American Arbitration Association (AAA) rules. By default, the seat of arbitration will be New York, NY, USA, and proceedings will be in English. You may opt out of arbitration within 30 days of accepting these Terms, as set out in Section 12.10.
The arbitration shall be conducted by a sole impartial arbitrator. Panera shall bear the reasonable costs of arbitration where required by law or deemed fair to prevent undue burden.
Nothing in this clause prevents either party from seeking interim judicial relief for injunctive or equitable remedies.
Unless otherwise required by a mandatory law, with respect to U.S. Users, this Agreement and the rights of the Parties hereunder shall be governed and construed in accordance with the laws of New York, exclusive of conflict or choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Nothing in this Section will preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT,AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, ONLY AN INDEPENDENT THIRD PARTY THAT WILL ACT AS THE ARBITRATOR, AND COURT REVIEW OF ANARBITRATION AWARD IS LIMITED.
12.3 CLAIM LIMITATION
In no event shall any claim or arbitration related in any way to the Service be commenced by a User against Panera more than one (1) year after the accrual of the claim. "Accrual" is defined as the date when all events that fix alleged liability of any party and permit assertion of the claim, were known or should have been known. For liability to be fixed, some injury must have occurred. All claims by User(s)must be made in writing within the one (1) year period. Any claims submitted by User(s) in excess of the one (1) year accrual period shall be deemed waived. Some jurisdictions do not allow for all the foregoing limitations on the period within which to make a claim, so to that extent, if any, some or all of limitations in this Section may not apply to you. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
12.4 SELECTION OF ALTERNATIVE ARBITRAL FORUM, WHERE AAA DECLINES
Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Panera will select an alternative arbitral forum, and that you will agree inwriting to administration of the arbitration by the alternative arbitral forum selected by Panera.
12.5 CLASS ACTION AND JURY TRIAL WAIVER
YOU AND PANERA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PANERA SPECIFICALLY AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICE. IF, FOR ANY REASON, A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY ALSO
KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY.
12.6 PROVISION OF AWARD IN ARBITRATION
Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by law. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each Party, who will promptly actin accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the Parties and will not be subject to appeal or review.
12.7 FEES IN ARBITRATION
Each Party will be responsible for paying its own filing fees, expenses, and costs required by the AAA. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Panera will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.
12.8 CONFIDENTALITY OF ARBITRATION
The Parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except
The Parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person(other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
12.9 CONFLICT OF RULES GOVERNING ARBITRATION
In the case of a conflict between the provisions of this Section 12.9 and the rules governing arbitration identified in Section 12.2, the provisions of this Section 12.9 will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
12.10 EXCEPTIONS TO AGREEMENT TO ARBITRATE
If you have any questions about this process, please contact support@docomondo.com.
12.11 JURISDICTION AND CHOICE OF LAW IN THE EVENT THAT ARBITRATION DOES NOT APPLY OR IS UNENFORCABLE FOR U.S. USERS
If you are a U.S. User and arbitration is (i) not permitted under applicable law, (ii) is otherwise unenforceable, or (iii) you opt out within the 30 day opt-out period, you and Panera agree that these Terms shall be governed by and construed in all respects in accordance with the substantive laws of New York to the exclusion of the conflicts of law provisions and the United Nations Convention on the International Sale of Goods. Each of the Parties irrevocably agree that the State and Federal courts of New York shall have exclusive jurisdiction to settle any dispute, claim, actions or proceedings that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims, tort or delict). The Parties shall, however, have the right to seek and obtain a preliminary injunction (interim measure) at any competent court.
12.12 JURISDICTION AND CHOICE OF LAW FOR NON-U.S. USERS
If you are not a U.S. User, you and Panera agree that these Terms shall be governed by and construed in all respects in accordance with the substantive laws of Liechtenstein to the exclusion of the conflicts of law provisions and the United Nations Convention on the International Sale of Goods. Each of the Parties irrevocably agree that the competent courts in the city of Vaduz, Liechtenstein shall have exclusive jurisdiction to settle any dispute, claim, actions or proceedings that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims, tort or delict). The Parties shall, however, have the right to seek and obtain a preliminary injunction (interim measure) at any competent court.
13. MISCELLANEOUS
13.1 ENTIRE AGREEMENT/SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with Panera, shall constitute the entire agreement between you and Panera concerning use of the Service Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. If a provision of these Terms is or becomes illegal, invalid or unenforceable in any particular country or jurisdiction, that will not affect the legality, validity orenforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms.
13.2 NO ASSIGNEMENT
You may not assign this Agreement without Panera’s prior written consent, except in the case of a permitted business transfer.
Panera may assign this Agreement or its rights and obligations hereunder to an affiliate or success or entity, provided that such assignment does not materially reduce your rights under this Agreement.
In the event of assignment, Panera will notify you in advance and give you the option to terminate the Agreement if you object to the assignment.
13.3 INDEMNIFICATION
You agree to indemnify and hold Panera harmless from losses, damages, or claims directly arising from:
(a) Your intentional or grossly negligent breach of this Agreement,
(b) Content uploaded by you that infringes third-party rights or violates applicable law,
(c) Your wilful misuse of the Service
This indemnity does not apply to losses caused by Panera’s own negligence, breach of duty, or unlawful conduct.
Panera shall notify you promptly of any claim subject to indemnification and permit you to participate in its defence.
This indemnity is in addition to, and without prejudice to, the limitations of liability set forth in Clause 5 of this Agreement.
13.4 NO AGENCY
This Agreement and any registration for or use of docomondo will not be construed as creating or implying any relationship of agency, franchise, partnership, employment or join venture between you and Panera, except and solely to the extent expressly stated herein.
13.5 NO WAIVER
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing
13.6 TRANSLATION
These Terms were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
13.7 NOTICE
Any notice or other communication given under or in connection with these Terms will be in English. All other documents provided under or in connection with these Terms will be in English. A document provided by you in another language must be accompanied by a certified English translation. In such a
situation the English translation will prevail, unless the document is a statutory or other official document.
13.8 SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. Byway of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
13.9 THIRD PARTY TERMS AND CONDITIONS
Certain features or functionalities of the Docomondo Service may be provided by third-party service providers, such as Salt Edge. By using these features, you agree to comply with the applicable terms and conditions set forth by these third-party providers. Specifically, you agree to the Salt Edge Terms of Service and Privacy Policy, which are hereby incorporated by reference into this Agreement.
You can review the full Salt Edge Terms of Service and Privacy Policy at the following links:
.svg){kind=icon}
