Terms of Service
Last updated: May 21st, 2023
From everyone at Pijul, thank you for using our products! We build them to help you do your best work. Because we don’t know every one of our users personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Pijul OÜ.
When we say “Services”, we mean our websites, including pijul.org, pijul.com, nest.pijul.org and nest.pijul.com, and any product created and maintained by Pijul OÜ. That includes Pijul (all versions), and The Nest (all versions), whether delivered within a web browser, desktop application, or another format.
When we say “You” or “your”, we are referring to the people or organisations that own an account with one or more of our Services.
We may update these Terms of Service (“Terms”) in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.
If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust, for example by keeping an open door to your feedback.
- You are responsible for maintaining the security of your account, password and cryptographic signing keys. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Services for any purpose outlined in our Use Restrictions policy, and you may not permit any of your users to do so, either.
- You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, and Plan Changes
- If you are using a free version of one of the Nest, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
- If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
- We process refunds on a case-by-case basis and do our best to be as fair as possible. If you believe you’ve been incorrectly charged, please contact firstname.lastname@example.org.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link.
- All of your content will be inaccessible from the Services immediately upon account cancellation. Within 60 days, all content will be permanently deleted from active systems and logs, with the exception of the content necessary for the proper functioning of our services, such as comments made to another repository, which will be pseudonymised upon account termination.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
- We make a promise to our customers to support our Services until the end of the Internet. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services, but do take uptime of our applications seriously.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. If you find a security flaw in our systems, please report it as soon as possible to email@example.com. As we strive to be as open and transparent as possible, we will publish actual flaws immediately.
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard Pijul OÜ. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As an Estonian company, we only preserve or share customer data if compelled by an Estonian government authority with a legally binding order or proper request, or in limited circumstances in the event of an emergency request. If a non-Estonian authority approaches Pijul for assistance, our default stance is to refuse unless the order has been approved by the Estonian government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Pijul OÜ is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. In particular, our web services run on the Cloudflare Workers platform (see their Data Processing Addendum, and our emails are sent using Amazon SES (see their Data Processing Addendum).
Copyright and Content Ownership
- All content posted on the Services must comply with EU copyright law.
- You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
- We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
Services Adaptations and API Terms
We offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
- Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.
If you have a question about any of these Terms, please contact our Support team.