Effective as of January 5, 2024.
Welcome to Idazki Online Diary (hereinafter idazki). This document establishes the legal terms and conditions for the use of our web service designed for the creation and maintenance of an online diary. By accessing and using idazki, you agree to comply with these terms and conditions. This agreement constitutes a legal contract between you and idazki, and its acceptance is a requirement to use our service. If you do not agree with these terms, do not register on idazki.
Idazki Online Diary is a cloud-based service that allows users to create and maintain an online diary. Users can document their thoughts, experiences, and memories in a secure and user-friendly environment. The goal of Idazki Online Diary is to provide a personalized and convenient platform for individuals to express themselves and reflect on their lives.
The Service offers various features, including the ability to customize diary entries, add images, integrate with email, export to PDF, group tasks by topics, create reminders, indicate mood, as well as search the diary and view statistics and trends.
As our Service is cloud-based, you can access it through the web and a variety of devices, such as desktop computers, laptops, as well as tablets and the smartphone devices of your choice.
The service is provided through the following addresses (the "Site"): https://idazki.com, https://www.idazki.com, https://online-diary.com and https://www.online-diary.com
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our privacy policy and understand that it identifies how idazki collects, stores, and uses certain information.
We reserve the right to modify these Terms. We will publish the most current version of these Terms at the addresses previously indicated. If we make substantial changes to these Terms, we will notify you through the Service and/or by email to the address associated with your account. If you do not accept the changes, you must stop using the Service and cancel it, either through your user account in the 'subscription' section or by sending an email to idazki@idazki.com. Your continued use of our Services after we post or send a notification about changes to these Terms means that you consent to the updated terms.
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with idazki you must:
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 9). Only you may use your idazki account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please send us an email at idazki@idazki.com.
By registering with idazki, you understand that we may send you (including via email) information regarding the Services, such as:
Please review your settings in your account to control the messages you receive from us or unsubscribe by following the instructions in the message.
All the material and information you upload and store in your account are referred to as 'Content.' . All Content uploaded by you into your account is yours! We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for:
In addition, by storing, using or transmitting Content you cannot and will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 9).
You agree to grant idazki the right to transmit, process, use, and disclose the Content and other information we may obtain as part of your use of the Service, but only:
idazki respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
If you believe there has been a violation of your intellectual property rights, please send us an email at idazki@idazki.com.
During your use of the Service, idazki may share with you information that is confidential, sensitive or should be kept secret. For example, if we provide you with information about our roadmaps, product designs and architecture, technology details, or share our business and marketing plans, these should always be considered confidential to idazki.
Similarly, we agree that your Content and information contained in your account is confidential to you.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.
However, if you tell us information that:
then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.
Lastly, we both agree that:
Of course, confidential information will always remain the property of its owner.
You agree you will not, nor will you encourage others or assists others, harm the Service or use the Service to harm others. For example, you must not use the Service to harm, threaten, or harass another person, organization or idazki and/or to build a similar service or website. You must not:
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of content, email or other communication to or from the Service.
We also reserve the right to deactivate, change and/or require you to change your idazki user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Service.
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 9. You must make such request within 15 days following termination otherwise, any Content you have stored with the Service may not be retrievable and we will have no obligation to maintain Content stored in your account after this 15-day period.
We can make necessary deployments of changes, updates or enhancements to the Service at any time. We may also add or remove functionalities or features, or we may suspend or stop the Service altogether.
All contents of the Site and Service including but not limited to logo, design, text, software, their selection and arrangement and idazki Confidential Information belong to idazki, and/or its licensors.
idazki or its licensors own and reserve all right, title and interest in and to the Service and all software and other items used to provide the Service, other than the rights we expressly grant to you to use the Service and idazki Confidential Information. No title to or ownership of any proprietary rights related to the Service or idazki Confidential Information is transferred to you pursuant to these Terms.
If you provide comments, suggestions and recommendations to idazki about a Service (e.g., modifications, enhancements, improvements) (collectively, 'Feedback'), you are automatically assigning this Feedback to idazki.
TO THE EXTENT NOT PROHIBITED BY LAW, idazki (AND ASSOCIATED SERVICE PROVIDERS)
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the extent not prohibited by law, you will defend idazki against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Service:
idazki will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL idazki, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF idazki HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF idazki AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF:
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
idazki offers a paid Service. When you choose to subscribe to a paid Service, you agree to pay the fees ('Fees') as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency idazki quoted at the time of purchase. idazki reserves the right to change the eligible currencies at any time.
idazki reserves the right to modify its prices at any time; however, if we have offered a specific duration and a fee for your use of the Service, we agree that the fee will remain valid for that period. Once the period has ended, the current fee(s) for the use of the Service at that time will be charged. If you do not agree with these modifications, you should stop using the Service and cancel it, either through your user account in the 'subscription' section or by emailing idazki@idazki.com (with confirmation of cancellation from an Idazki representative). If you request cancellation, your Service ends at the end of your current Service period or billing cycle, and no refunds will be issued for previously paid Service.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period. We will charge your assigned credit card on the first day of the renewal of the subscription period.
When you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Service you have selected and for any paid feature(s) that you choose. We may bill:
To the extent idazki has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Service.
You may elect one of the following subscription plans and billing options:
A monthly subscription plan ("Monthly Subscription"). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel. Please note that under the Monthly Subscription Plan, you can modify the idazki Service you have selected; as a result, the monthly subscription will be canceled, but there will be no refund. idazki will charge the new membership fee to your payment method and will automatically continue your new membership until you decide to cancel. You may cancel at any time to avoid future charges.
A semiannual subscription plan ("6-Month Subscription"). The subscription period for the Semiannual Subscription Plan will be six months and will automatically renew every six months on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed semiannually on or about the same day every six months until such time that you cancel. Please note that under the Semiannual Subscription Plan, you can modify the idazki Service you have selected; as a result, the semiannual subscription will be canceled, but there will be no refund. idazki will charge the new membership fee to your payment method and will automatically continue your new membership until you decide to cancel. You may cancel at any time to avoid future charges.
An annual subscription plan ("1-Year Subscription"). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Please note that under the Annual Subscription Plan, you can modify the idazki Service you have selected; as a result, the annual subscription will be canceled, but there will be no refund. idazki will charge the new membership fee to your payment method and will automatically continue your new membership until you decide to cancel. You may cancel at any time to avoid future charges.
A Lifetime Subscription Plan ("Valid forever"). The subscription period for the Lifetime Subscription Plan has no expiration date and will remain active as long as the Service is operational. You will be billed only once at the time of purchasing this plan; it is a one-time payment, and there will be no future charges. Please note that, under the Lifetime Subscription Plan, you will not be able to switch to another plan.
If you are purchasing a idazki subscription plan, the following additional terms apply to you:
You:
20.1. Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
20.2. Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.
20.3. Independent Contractors; No third-party beneficiaries. idazki and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
20.4. Waiver. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.