Terms of Use

Terms of Use These terms of use (hereinafter the Terms of Use) regulate the rights and obligations of the user (hereinafter the User) in using the services provided by the project management system of Done By (Doneby OÜ, registry code 16587303, located at Pihlaka tn 14-19 Tallinn Harjumaa 11213) via the website www.doneby.app (hereinafter the Services). The User confirms their complete agreement to the Terms of Use when they start using the Services.
Definitions
Service Provider – Doneby OÜ, registry code 16587303, located at Pihlaka tn 14-19 Tallinn Harjumaa 11213; User – the person who uses the Services;
User Account – the account that is activated for the User for using the Service after the User has agreed to the Terms of Use;
Client – the User who has entered into a Contract with the Service Provider for using the Service;
Contract – the agreement between the Service Provider and the Client for using the Services made in accordance with point 3 of the Terms of Use;
Party/Parties – in singular depending on the context, either the Service Provider or the Client, in plural both of them;
Special T&C – the terms and conditions with which the Terms of Use are specified, amended or modified by agreement between the Parties.
Content – the data, works and other materials (schemes, texts, drawings, photos, etc.) added by Users. The Content may also include the personal data that the Users process when using the Service. Therefore, these Terms of Use also include the data processing contract between the Client as the controller and the Service Provider as the processor required under Article 28 of the GDPR (point 6 of the Terms of Use).
General terms and conditions
Bauhub is an online based service for managing the information related to construction or other projects. The Done By project management system is accessible through a user interface (hereinafter the User Interface) of mobile application that is available on AppStore and GooglePlay. The User can use the Services provided by the Service Provider via the User Interface to the extent to which the User has been granted access. The User Interface and the Service are hereinafter jointly referred to as the solution (hereinafter the Solution).
The User is aware and understands that the Service Provider is not liable for the works created by the User as a result of using the Solution, any other materially expressed or otherwise understandable content or for (the performance of) any acquired rights and/or obligations. The User is solely liable for the correctness and lawful processing of the data entered and/or used in the course of using the Solution to the extent to which it can be and is reasonable to expect from the User.
The Service Provider has the right to change the content and form of the Services from time to time for the purpose of improving and developing the Services without the Service Provider informing the User thereof in advance.
The Service Provider has the right to refuse to grant access to the Solution to any User.
A User Account is required for using the Solution. When creating a User Account, the User chooses their account ID and password with the help of which the Solution can be used.
The Service Provider will eliminate any fault in the regular operation of the Solution, which significantly disturbs the use of the Solution and is a kind of fault that the Service Provider can eliminate, as soon as possible after receiving a notice from the Client or the detection of the fault.
The User can contact the Service Provider by email info@justintheloop.com if they any questions or problems when using the Solution. The User can access the General Guidelines for using the Solution and frequently asked questions on the Service Provider’s website.
If the User breaches the Terms of Use, the Service Provider has the right to restrict the User’s access to the Solution until the User remedies the breach or otherwise permanently block the User’s access to the Services.
Entry into Contract between Client and Service Provider
The Contract between the Service Provider and the Client will be deemed entered into as soon as the Client has created a User Account for themselves, chosen a price package and agreed to the Terms of Use.
Upon entry into the Contract, the Client or their representative represents and warrants that:
all the data, representations and warranties submitted by them are true, complete and up-to-date;
they are a natural person with full active legal capacity (at least 18 years of age);
they have all the rights and powers to enter into the Contract on behalf of the Client and to use the Services.
The Service Provider has the right to refuse to enter into the Contract with any person, even if the person has agreed to the Terms of Use.
The Terms of Use are an integral part of the Contract. The Service Provider may establish separate additional terms and conditions for the Service (e.g. the Privacy Policy, price plans and user manuals) that are considered an integral part of the Terms of Use.
In addition to the Terms of Use, the Service Provider and the Client may agree on the Special Terms and Conditions. The Special Terms and Conditions must be drawn up at least in a format that can be reproduced in writing and they are also deemed an integral part of the Contract.
Payment for Service
The Service Provider has the right to establish fees for use of the Solution by publishing the respective price plans on the website of the Service Provider. In order to use the Solution, the Client must choose a suitable price plan from among them.
The Client must pay the Service Provider for using the Solution and for the Services provided according to the price plan.
Before choosing a price plan, the Client can use the Solution free of charge during a trial period. The Service Provider will not submit an invoice to the Client for the trial period.
The Service is paid for in advance and the advance payment is non-refundable.
An invoice is submitted to the Client according to the selected price plan. The Client must make the payment by the date specified on the invoice.
The Service Provider has the right to change the prices of the Service at any time. The Service Provider informs the Client thereof pursuant to the procedure provided for in point 7 of the Terms of Use.
If the Client breaches their payment obligation for at least three (3) weeks, the Service Provider has the right to restrict the Client’s access to the Solution and refuse to provide the Services. The Service Provider notifies the Client of the implementation of the planned restrictions in the event of a breach of the payment obligation by sending at least two (2) messages to the Client’s email address.
Obligations of User
The User is required to:
use the Services in accordance with applicable law and not use the Services for unlawful purposes;
ensure that the User does not violate any valid legislation by using and processing the data used and/or entered in the course of using the Solution;
take into account and accept that, given the web-based nature of the Solution and the nature of the services provided by third parties (e.g. telecommunications, communications and Internet services), the Service Provider cannot guarantee the availability and accessibility of the Solution at any time, i.e. 24 hours a day and 7 days a week;
the User acknowledges and accepts that the copyright to any works created by the User in the course of using the Solution belongs solely to the User and there will be no assignment of any copyright or other intellectual property rights from the Service Provider to the User and vice versa within the scope of the use of the Services.
The User is required to compensate the Service Provider for all the damages and expenses incurred as a result of a breach of these Terms of Use by the User;
in the event of any faults in the use of the Service, immediately notify the Service Provider of the fault by email to info@justintheloop.com;
keep the password of the User Account confidential. If the User identifies any unauthorised use of the User Account, the Service Provider must be notified thereof immediately by email to info@justintheloop.com.
refrain from deliberately disturbing and obstructing the functioning of the Service and the related servers and computer network.
The User may not:
obtain access to or access the Service Provider’s project management system and the software and/or source code kt is based on (hereinafter jointly the Code) for the purpose of creating a competing product and/or service;
copy, reproduce, create derivative works, market and distribute the Service Provider’s project management system and/or the Code;
decompile the Service Provider’s project management system and/or the Code, split them into parts, gain access to the Service Provider’s source code or carry out or attempt to carry out similar activities in order to reduce the Code to an understandable and legible format;
use the Service Provider’s project management system and/or the Code in for business purposes or make the Service Provider’s project management system and/or the Code accessible to third parties in any other manner, incl. rent, publish, sell and share;
Data processing contract
The Service Provider provides the Client with a project management system through the Solution. The Client decides which Content, including personal data, they wish to process in the Solution. In this case the Service Provider processes the personal data included in the Client’s Content with the authorisation of the latter only for the purpose of offering the possibility to use the Solution and providing the Services. In this case, the Service Provider is the processor and the Client is the controller with regard to such personal data.
The terms ‘controller’, ‘processor’, ‘personal data’, ‘data subject’ and ‘personal data breach’ are used in the Terms of Use within the meaning given to them in the General Data Protection Regulation (GDPR). ‘Sub-processor’ means another processor who has been included by the Service Provider for the processing of the personal data set out in the Content.
The Client as the controller of the data is fully liable for any personal data processed in the Content with the Solution. The Client represents and warrants that they have a legal basis for processing the personal data included in the Content. The Service Provider represents and warrants that it:
only processes the personal data included in the Content only for the purpose of offering the Solution and providing the Services, unless the obligation arises from law. In this case the Service Provider will inform the of this need Client in advance, unless the law prohibits the communication of such information;
its employees who are authorised to process the personal data included in the Content have assumed the duty of confidentiality;
helps the Client to ensure that the latter complies with its obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information accessible to the Service Provider;
The Service Provider implements appropriate technical and organisational security measures taking into account (i) the level of technology, (ii) the implementation costs, (iii) the nature, scope, context and objectives of processing, and (iv) the risks borne by the data subject. Such security measures include, inter alia, encrypted storage and access control. When choosing measures, the Service Provider presumes that the Solution and the Services are used according to their intended purpose (for managing information related to construction or other projects), which should not cover the processing of any special categories of personal data.
The Service Provider immediately informs the Client if it receives a request from the data subject in connection with its personal data in the Client’s Content. Considering the nature of processing, the Service Provider will assist the Client as much possible with appropriate technical and organisational measures in order to perform the Client’s obligation to respond to the request of a data subject according to the GDPR.
The Client authorises the Service Provider to use the following categories of sub-processors:
web hosting service providers;
email service providers;
customer relationship management and feedback service providers;
payment service providers.
The full list of sub-processors can be obtained by submitting the respective request to the Service Provider.
The Service Provider and its sub-processors may transfer personal data outside the EU only if a legal basis for this exists, including to a data recipient, who is: i) in a country where personal data protection is ensured at an adequate level or (ii) on the basis of a document that covers the EU requirements for transferring personal data to processors outside the EU.
The Service Provider will notify the Client by email without undue delay after they have become aware of a personal data breach.
Based on the Client’s written request, the Service Provider will make accessible to the latter the information necessary to demonstrate that it complies with the obligations set forth in this section and Article 28 of the GDPR, provided that the requested information is in the possession or under the control of the Service Provider. If this proves to be insufficient for the Client, the Service Provider must cooperate with the Client, including allow and contribute to the reasonable audits, including inspections, organised by another auditor authorised by the Client and accepted by the Service Provider. The Parties agree on the details of such audits and inspections, but the following still applies:
the Service Provider is required to provide the Client with information, files and documents only if this is reasonably necessary to demonstrate the performance of its obligations in accordance with this data processing contract and Article 28 of the GDPR in relation to the personal data included in the Content;
the Service Provider will not disclose any information, files or other documents that include its business secrets;
the Service Provider does not disclose any information, files or other documents that would result in a breach of the confidentiality obligations arising from applicable legislation or contracts entered into with other clients or persons;
the Client treats all the information, files and other documents given to the Client in accordance with point 6.11.1. of the Terms of Use as confidential.
Amendment of Terms of Use
The Service Provider has the right to unilaterally amend the Terms of Use at any time by publishing the new version of the Terms of Use on the website of the Service Provider.
The Service Provider notifies Users of amendments to the Terms of Use on the Website and with a separate notice via the User’s contact details at least 14 days before their entry into force.
The User and the Service Provider agree and the User confirms and agrees that if they use the Service after the amendments to the Terms of Use have entered into force, they will thereby confirm and accept the amendments to the Terms of Use. If the amended Terms of Use are not acceptable to the User, they must immediately stop using the Service.
Expiry of Contract
The Client has the right to unilaterally cancel the Agreement at any time via the User Interface.
The Service Provider has the right to cancel the Contract unilaterally for any reason by notifying the Client thereof by email 30 days before the planned expiry date of the Contract. In this case, the Contract will be deemed expired after 30 days have passed from the submission of the declaration of cancellation.
The Service Provider has the right to cancel the Contract unilaterally and immediately without notice if:
the Client has submitted false information about themselves;
it becomes evident that the person who has used the Platform, the Services or the Client Account on behalf of the Client has no right of representation to act on behalf of the Client;
the bankruptcy or reorganisation of the Client has been declared, or if compulsory dissolution or liquidation proceedings have been initiated with regard to the Client;
the Client causes damage to the Service Provider intentionally or due to gross negligence;
for other reasons specified in the Contract.
Either Party has the right to cancel the Contract without notice if the other Party breaches the Contract and has not remedied the breach within the additional reasonable deadline granted to the Party.
Liability
The User agrees that they use the Services at their own risk and that the Services are provided as “as are,” without any guarantees.
The Service Provider makes every effort to prevent the following situations, but does not guarantee to the User that:
the use of the Service meets the requirements and needs of the User at any time;
the Service has no faults, interruptions, security breaches or errors;
any defects in the functioning of the Service are corrected.
No guarantee (including guarantee of satisfactory quality, purposefulness or compliance with description), which is not expressly included in the Terms of Use, apples to the Service.
The Service Provider will not liable to the User for any direct or indirect damages that may arise from the User’s connection to the Service, including damages that arise from:
the amendments made by the Service Provider to the Service;
any short-term or long-term interruptions in the Service;
deletion, breach or faults in saving the User’s Content, which were caused by the User or a third party, the weather or interruptions in power supply and telecommunications;
the User’s negligence in keeping the password or the details of the User account confidential.
The Service Provider is liable for damage that cannot be precluded or limited pursuant to law.
Final provisions
The Terms of Use are governed by the law of the Republic of Estonia.
Any disputes arising from the Terms of Use will be resolved by way of negotiations. If no solution is reached, the dispute will be settled in the Tartu County Court in Estonia.
The Terms of Use are valid as of 14th of September 2023.