Terms of Service and Privacy Policy (“Terms”) - Nozbe

§ 1. General provisions

These Terms apply to the time and project management application (“Application”) which is provided on the nozbe.com website. The entity providing and managing the Application is: Nozbe Michał Śliwiński, NIP (EU Tax ID): PL9580973303, REGON (National Registration No.): 192987715, ul. Rozewska 18, 81-055 Gdynia, Poland (“Nozbe”). The User can contact Nozbe via Customer Service at questions@nozbe.com

§ 2. The application use rules

1. To use the Application, you need to go to nozbe.com website and sign up for an Account (“Account”) using your full legal name and surname and a valid e-mail address. By doing this you become a User of the Application (“User”).

2. For enhanced security, right after signing up, you will receive an e-mail asking you to confirm your valid e-mail address within the next five days. Failure to confirm your e-mail results in deactivation of your Account.

3. You must be a human (Accounts created by automated methods or scripts are not permitted) of an age of at least 13 in order to create the Account and use the Service.

4. One Account may be used by one person. One person may have more than one Account.

5. Multi-user Accounts (“Team”) are groups of single Accounts gathered under one Account, which acts as an administrator of the team.

6. The application is a software (basic version and each subsequent update) along with resources, enabling the User to manage projects as part of their Account, intended primarily for devices with the following operating systems: Windows, Linux, MacOS and iOS, WatchOS and Android, as well as those on which it is possible to launch the web application available at app.nozbe.com in the browser.

7. The data provided in the Application is synchronized with Nozbe servers (“Service”) to enable the User to gain access to their Account via the Internet from any device supported by the Application, and share data as part of their Team.

8. The User is responsible for all the activity and content associated with their Account. Nozbe shall not be held liable for any activity of a User or any content provided and used by them in connection with operating the Account and Application.

9. Nozbe claims no intellectual property rights over the material you provide in the Application. Your profile and materials uploaded remain yours.

10. The User is responsible for keeping their Account password safe at all times. Nozbe will not be held liable for any damage from your failure to comply with this security obligation.

11. The User is responsible for using the Service in a legal manner and they must not violate any laws in their jurisdiction (including but not limited to copyright laws).

12. In the event that Nozbe, in its sole discretion, considers that you are making any illegal and/or unauthorized use of the Application, and/or your use of the Application is in breach of these Terms, Nozbe reserves the right to take any action that it deems necessary, including suspending access to your Account and, in the case of illegal use, instigating legal proceedings.

13. The User has the right to terminate using the Application and the Service and cancel your Account. They can cancel their Account at any time by logging in to their Account (e.g., via the nozbe.com website) and going to the “Settings” view in the icobar on the left hand side of the screen. In the “Account” section at the bottom, you will find a link to a simple, no-questions-asked two-click instant cancellation process. All of your Content will be put into a 30-day quarantine and later completely removed from the Application. The quarantine has been set up to enable the user to access their data if they change their mind or if they cancelled their Account by accident. The User can also contact Customer Support at questions@nozbe.com to have their data completely removed from the quarantine at any time.

14. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Nozbe customer, employee, member or officer may result in immediate Account suspension.

15. Although we offer high-grade TLS encryption for all Account holders, understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

16. If the User’s bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Nozbe) of other Account holders, Nozbe reserves the right to immediately suspend the account or throttle the file-hosting until the User can reduce their bandwidth consumption.

§ 3 Payment rules

1. Nozbe uses Paylane Sp. z o.o. as our payment gateway for the majority of payments with credit cards (such as Visa, Mastercard or American Express), online wire transfers or PayPal. Upon payment, your personal as well as payment data (such as name, surname, address and phone number) will be transferred to Paylane to be able to successfully bill you for the Service. Nozbe accepts credit cards but doesn’t store credit card numbers in its database. To enhance security, Nozbe only stores unique payment IDs to be able to bill The User for the Service.

2. The service is billed in advance on a monthly or yearly basis. If the payment is made by a credit card or via PayPal, the subscription will be automatically renewed for your convenience. This means that you will be charged periodically (on a monthly or annual basis). The recurring payment can be ended at any moment - just contact Nozbe Customer Support (questions@nozbe.com.)

3. You may upgrade to a higher Pricing Plan and choose our monthly or annual billing cycle. You may upgrade at any time. To do so, you will simply need to buy the new plan (you will be charged the full price). Any unused time from your previous plan will be recalculated into extra time on the new plan.

4. You may downgrade your Pricing Plan or cancel your Account at any time. If you downgrade to a lower Pricing Plan, you will be charged the new plan immediately and your old plan will stop billing.

5. Should the difference in the new plan’s price (whether you upgrade or downgrade) and the unused credit be equal or less than 0, you will be charged a symbolic $1/1EUR/100JPY/1GBP/1PLN by us to be able to successfully authorize your credit card. This symbolic charge will be credited back to your account as additional time for your new plan.

6. All payments made by the User are non-refundable. The only exception are payments made during the 30-day money-back guarantee period.

7. Downgrading your Pricing Plan may cause the loss of content, features or capacity of your Account. Nozbe does not accept any liability for such loss.

8. If you are an EU (European Union) citizen, you will pay for the Account in GBP (British Pounds), EUR (Euros) or PLN (Polish Zloty), depending on the place of residence. The price indicated in the price list shall be increased by the amount of the VAT tax applicable in the User’s country of residence. If you are a company based in the EU outside of Poland and have an EU-registered valid VAT-number, you will not be charged the VAT tax. If you live outside of the EU, you will pay in USD (American Dollars), RUB (Russian Rubles) or JPY (Japanese Yen), and these prices don’t include the VAT tax.

9. If you cancel the Service before the end of your payment cycle, your cancellation will take effect immediately and you will not be charged for the next payment cycle.

10. Nozbe offers a 30-day money-back guarantee on all orders. Please note that canceling a Nozbe Account doesn’t automatically mean a request for a refund. If you are not happy with the Service, you can contact Nozbe Customer Support for a full refund at questions@nozbe.com

§ 4. Service Functionality

1. Nozbe reserves the right to suspend the Service for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades, and will not be liable to you for any such suspension.

2. Nozbe reserves the right to make any changes to the Service or to discontinue any aspect or feature of the Service without notice, and will not be liable to you for any such change.

3. Nozbe, in its sole discretion, has the right to suspend your Account and refuse any and all current or future use of the Service for any reason at any time.

4. In cases of the Account suspension, Nozbe will assist you with exporting your data before deleting your account.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission by Nozbe.

§ 5 Trademarks

Nozbe, Nozbe.com and other marks indicated on the Nozbe website are registered trademarks of Nozbe in Poland (Europe), European Union and other countries. All the graphics, logos, page headers and button icons are trademarks or trade dress of Nozbe. Nozbe’s trademarks and trade dress may not be used in connection with any product or service that is not Nozbe’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Nozbe. All other trademarks not owned by Nozbe or its subsidiaries that appear on the Nozbe website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nozbe or its subsidiaries.

§ 6 Disclaimer of Warranties, Limitation of Liabilities

1. Nozbe servers are located in data centres in Europe, Australia and Japan, in a secure environment, protected by an alarm installation, which is monitored 7 days a week, 24 hours per day.

2. All relevant files and data on Nozbe servers, including those containing your data stored and processed through the Service, are backed up and stored in a fire- and theft-protected location, which is separate from the location of Nozbe servers. The complete backups of Nozbe servers is performed daily, whereas the complete backups of user Account data is performed on a constant basis to ensure your data is safe at all times.

3. Nozbe does not warrant for the website and the Service it is providing. Nozbe disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose. The Service and the Website are distributed on the “as is” basis - in the form that the User accepts automatically by accessing them, without warranties of any kind, either expressed or implied. You agree to use the Service at your own risk.

4. Nozbe is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Nozbe’s reasonable control. Nozbe is not responsible for short, temporary and accidental suspension of the Service as the result of circumstances that Nozbe could not foresee or suspect.

5. The User recognizes that Nozbe does not own or control other networks, information and systems outside of its own network, nor is Nozbe responsible for performance or non-performance within such networks.

§ 7 Final

1. Nozbe reserves the right to update and change the Service and its elements, including the Terms, from time to time without prior notice. Any new features that augment or enhance the current Service, including but not limited to the release of new features, tools and resources, will be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

2. The most current version of the Terms is available at any time on Nozbe website.

3. The rules governing the processing of personal data in connection with the provision of the Service are defined in the document entitled “Privacy Policy”, which is available on the Nozbe website (see below).

4. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. These Terms shall be governed by the Polish law, whereas any possible disputes shall be resolved by common courts located on the territory of the Republic of Poland.

Privacy Policy and GDPR

We are dedicated to your data security

The Privacy Policy below describes issues related to the use of the Nozbe application, including issues related to personal data protection (in accordance with GDPR) and cookies.

Processing of personal data at Nozbe

Pursuant to the provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (EU Official Journal L 119, p.1) applicable from 25 May 2018 (hereinafter “GDPR”), and the Polish Act on the Protection of Personal Data (Journal of Acts of 2018 position 1000) (hereinafter „Act”), to execute the obligations arising therefrom, Nozbe informs that:

1. The Administrator of your personal data within the meaning of Regulation No 2016/679 EU of the European Parliament and of the Council of 27 April 2016 is: Nozbe Michał Śliwiński, NIP (Tax ID): 9580973303, REGON (National Registration No.): 192987715, ul. Rozewska 18, 81-055 Gdynia, Poland.

2. The provision of personal data is voluntary; however, failure to provide them will prevent the execution of the agreement.

3. Personal data are collected and processed for the purposes of implementation of the legitimate interests of the administrator of personal data, in particular: the execution of the sales process of services, allowing the provision of certain services by electronic means, employment, making settlements, operating the electronic account in the data administrator’s network, handling incoming queries or requests, communication regarding transactions, taxation and accounting purposes, and record-keeping and statistical purposes. Whereas, after consent is obtained, personal data are collected and processed by the personal data administrator for the purposes of: cookies generation; collecting data from websites for marketing purposes, including direct marketing, i.e., to receive from Nozbe through the use of a means of distance communication (e-mail, SMS, phone) any materials of commercial, marketing and informational nature, connected to the business activity carried out by the data administrator.

4. A natural person to which the data refers has the right to request from the administrator access to the data, their rectification, erasure or restriction of their processing at any time, as well as the right to object to the processing of data, move the data and lodge a complaint with a supervisory authority – the President of the Office of Personal Data Protection.

5. Management of consents given can be done via the Customer Support e-mail address: questions@nozbe.com.

6. The withdrawal / modification of the consent does not affect the lawfulness of the processing, which was made on the basis of the consent before its withdrawal / modification.

7. The data will be processed for no longer than it is necessary to achieve the above objectives; however, no longer than until the withdrawal or modification of a given consent and, after this time, they may be processed until the expiry of the limitation period.

8. The administrator of data takes necessary measures to ensure the safety of personal data collected and processed, and in the event of their breach, informs competent state authorities to enable detection of those responsible for the breach and prevent future breaches. Any natural person affected by a data breach will be notified of such fact.

9. Data stored by Nozbe include data required for creating an Account: name and surname, e-mail address, account type, IP address, geolocation data obtained on the basis of the IP address, and data necessary for processing the payment in case the user has a paid Account: address and billing information (optional – if the User wants an invoice).

10. Nozbe also stores other data added to the Nozbe system by the User while using the Service, ie.:

    • e-mail addresses of members on the team, provided the User creates a team in Nozbe;
    • projects: their names, descriptions and tasks they contain;
    • tasks: their names, parameters (such as date, required time, category) and task comments; and,
    • files: files uploaded to Nozbe servers as attachments to tasks or projects and tokens of the third-party services used by the User: Google Drive, Calendar, Evernote, Dropbox, Box, OneDrive.

11. Using the Service involves entering various data on the Account by the User, including project names, categories, tasks or comments. Nozbe does not process this data in any way except to synchronize them across the User’s Devices, keeping them on the Nozbe servers and performing regular backups. The privacy of our Users’ data is Nozbe’s biggest priority; therefore, Nozbe employees do not have access to the data on the User’s Account unless the User has given explicit consent to solve the User’s problem. If the User of the Service regularly enters personal data of other natural persons such as contractors, clients, co-workers or other, the User may ask to sign a Personal Data Processing Agreement with Nozbe by sending an enquiry to questions@nozbe.com.

12. To optimize the way Nozbe functions and the way we communicate with Users and people interested in our Service, Nozbe uses several external services:

    • GetResponse - for sending the Nozbe Newsletter and other emails addressed to the Service Users. In GetResponse, Nozbe stores the User’s name and surname (if provided) and their e-mail address, as well as some additional information about the type of the User’s Nozbe account to help send targeted mail: account type, account validity period, promotional code used, language, country and other minor data.
    • Mailgun - to send Nozbe transactional e-mails, such as reminders, e-mails with a password reset link, etc., as well as to handle incoming e-mails, which the Nozbe system transforms into tasks: username.PIN@nozbe.me. The data stored in this case is: the User’s name and surname, e-mail address and the contents of the messages sent to the Nozbe service on the personalized e-mail address, username.PIN@nozbe.me.
    • Gmail and Sugester - to handle communication with clients contacting Nozbe’s customer support. As part of this procedure, we store the content of e-mails sent to the Nozbe customer service department at questions@nozbe.com.
    • Rollbar and Fabric - for error detection in Nozbe applications. If an error is detected, the User’s e-mail address and name (if provided), as well as the Nozbe account ID, are added to the bug report.
    • Google Analytics - for statistical purposes related to the need to optimize the look and functionality of Nozbe websites and offers. With Google Analytics we acquire demographic and geolocation data of Users as well as the information on the equipment they use and their behavior when visiting the Nozbe websites.
    • Disqus - to handle comments on the Nozbe.com blog. As part of this process, the following are saved: e-mail address, first and last name (if provided) and the content of the comment written on the Nozbe website.
    • Facebook - for communicating with users and promoting the Nozbe service. On Facebook, we use the “Facebook Custom Audience” service, where we store the Users' e-mail addresses and the types of accounts they have in Nozbe for targeting Facebook ads. We also have a Facebook pixel set up. This service lets us track Facebook users visiting the Nozbe.com website in order to be able to reach them (or not) with an advertisement on Facebook.

13. Each Nozbe User can download (as a zip archive) all his/her data kept in the Nozbe system: projects, tasks, files attached and any other information Nozbe poses. In order to do this, a User needs to log in to their Nozbe account and go to: “Settings” / “Account” / “Backup your Data (Export).”

Cookies on the Nozbe website

14. The Nozbe website saves cookies on visitors' devices. Nozbe uses two types of cookies - session and persistent. Session files are stored only until a visitor leaves the Nozbe website (by going to a different webpage, logging out or closing the browser). Persistent files are stored on a user’s device until they are removed by the user or for a period of time specified in their settings. Nozbe uses the following cookies:

Necessary for proper activity of the Nozbe.com websites and Nozbe services:

• Assets.nozbe.com (to track traffic on the Nozbe websites for the purpose of operating the affiliate program and for internal statistics used to improve the service);
• Geoip.nozbe.com (to determine the country of residence of the visitor in order to show our pricing offer in the local currency); and,
• A general cookie (which enables us to set or save the language of the visitor).

Optional cookies:

• Marketing cookies - collecting data for statistics that enable us to learn Users' preferences and behaviors. The analysis of these statistics is anonymous. Nozbe uses Google Tag Manager to accomplish this.

Each visitor can change their browser settings and disable cookies at any time or ask to obtain information each time they are placed on their device. To disable or limit the use of cookies on your computer, please read the information available on the manufacturer’s website of your browser.

15. Read more on our secure server infrastructure and triple-backups.

16. The main Nozbe server is located in Germany (Nurnberg). Backup copies of customer data are created live to three servers on two different continents: one in Ireland, one in Japan (Tokyo) and one in Germany (Frankfurt). Other servers with Nozbe support services such as push notifications, printing and integration with other services or system reports are located in Ireland and in Germany.

17. Users can integrate Nozbe with cloud storage and file hosting services: Google Drive, Dropbox, Box and One Drive. The integration enables you to add - as a comment to a task or a project - a file you store in one of the cloud-based systems mentioned above. Nozbe won’t store the copy of the file on its servers but it will set it as shared and will add a unique link to the original file stored in the cloud.

18. The Agreement entered into between Nozbe and the User upon registration of the Account, as well as the services provided on its basis by Nozbe, are subject to Polish law. The choice of a foreign law shall not, however, deprive consumers entering into an agreement with Nozbe of their rights resulting from the mandatory provisions of law of their country of permanent residence.

19. Any disputes which may arise in connection with the performance of the agreement entered into between Nozbe and the User shall be resolved by a Polish court having jurisdiction over the registered office of Nozbe. This shall not, however, deprive consumers entering into an agreement with Nozbe of their rights relating to the territorial jurisdiction of a court.