Terms.

Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

Your Acceptance of this Agreement

These terms of service are entered into by and between You and Dodo, d/b/a Dodo ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of trydodo.app, including any content, functionality, and services offered on or through trydodo.app (the "Website").

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our End User License Agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Our Rights

We have the right, without provision of notice to:

• Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Software

By downloading our software, you acknowledge and agree to our End User License Agreement ("EULA"). The terms of the EULA will govern your use of the software.

Mobile Application

By using our mobile application, you acknowledge and agree to our EULA as well as the following:

• 1. If the mobile application fails to conform to any applicable warranty, you may notify the applicable application distributor, and the application distributor may refund any applicable purchase price in accordance with its terms and policies, and to the maximum extent permitted by applicable law, the application distributor will have no other warranty obligation with respect to the mobile application;
• 2. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
• 3. You must comply with applicable third-party terms of service when using the mobile application; and
• 4. You acknowledge and agree that the application distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each application distributor will have the right to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Disclaimers, Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Dispute Resolution

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Switzerland law. (If multiple jurisdictions, under applicable laws).

Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at https://trydodo.app/privacy (the "Privacy Policy").

Humor Content, Consent and Disclaimers

Nature of Content

Dodo is a habit-tracking application that uses deadpan humor, sarcastic commentary, mild insults, stinging remarks, and playful roasts ("Humor Content") as a core feature of the user experience. Humor Content appears throughout the application, including but not limited to in-app messages, habit reminders, progress commentary, streak notifications, motivational prompts, and push notifications (where enabled by you).

ALL HUMOR CONTENT IS INTENDED PURELY FOR ENTERTAINMENT AND COMEDIC PURPOSES. IT DOES NOT CONSTITUTE PERSONAL CRITICISM, FACTUAL STATEMENTS ABOUT YOU OR ANY OTHER PERSON, MEDICAL ADVICE, PSYCHOLOGICAL ADVICE, PROFESSIONAL ADVICE OF ANY KIND, OR A GENUINE ASSESSMENT OF YOUR CHARACTER, ABILITIES, APPEARANCE, OR WORTH.

Humor Content is not based on actual knowledge of your personal circumstances, health conditions, identity, or vulnerabilities. Any perceived resemblance to your actual characteristics or life circumstances is coincidental.

Your Informed Consent to Humor Content

By downloading, installing, and using the Dodo application, you expressly acknowledge and agree that:

• You understand that Dodo's core experience includes receiving Humor Content that may be provocative, sarcastic, mocking, insulting, blunt, stinging, or otherwise intended to be humorously critical of your habits, behaviors, or lack thereof;
• You voluntarily choose to receive Humor Content and assume all risks associated with exposure to such content, including the risk of emotional reactions such as offense, embarrassment, frustration, or hurt feelings;
• You have had the opportunity to review examples of Humor Content (available on the Website and in the App Store / Google Play listing) before agreeing to these terms;
• You are free to stop using Dodo and delete the application at any time if you find the Humor Content unsuitable for you.

Push Notifications

If you enable push notifications for Dodo, you acknowledge and consent to receiving Humor Content via push notifications, which may appear on your device's lock screen and be visible to others nearby. You may disable push notifications through your device's notification settings.

Mental Health and Wellbeing Advisory

DODO IS NOT A HEALTHCARE PRODUCT AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, OR COUNSELLING SERVICES. THE HUMOR CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH TREATMENT, THERAPY, OR ADVICE.

If you are currently experiencing or have a history of depression, anxiety, post-traumatic stress disorder (PTSD), eating disorders, body dysmorphia, obsessive-compulsive disorder, low self-esteem, self-harm, suicidal ideation, or any other mental health condition that may be adversely affected by critical, mocking, or negative language — even when intended as humor — we strongly recommend that you consult with a qualified mental health professional before using Dodo to determine whether this type of content is appropriate for you.

If you are currently in crisis or experiencing thoughts of self-harm, please contact emergency services or a crisis helpline immediately:

• Switzerland: Die Dargebotene Hand (143)
• United States: 988 Suicide & Crisis Lifeline (call or text 988)
• United Kingdom: Samaritans (116 123)
• Australia: Lifeline (13 11 14)
• EU: Consult your national crisis line

Dodo is designed for entertainment. If at any point the Humor Content causes you genuine distress rather than amusement, we encourage you to discontinue use of the application.

Age Requirements for Humor Content

You must be at least 18 years of age to use the Dodo application. We do not knowingly provide Humor Content to minors. If we become aware that a user is under 18, we will terminate access to the application.

Limitation of Liability for Humor Content

To the maximum extent permitted by applicable law:

• You acknowledge that emotional reactions to humor are subjective and that Humor Content which one person finds amusing, another may find offensive or distressing. By using Dodo, you accept this inherent variability as part of the entertainment experience.
• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your exposure to Humor Content, including but not limited to claims of emotional distress, mental anguish, hurt feelings, offense, embarrassment, loss of self-esteem, or psychological harm of any nature.
• The Company shall not be liable for any adverse effects experienced by users who have pre-existing mental health conditions, whether disclosed or undisclosed, arising from exposure to Humor Content.
• The Company's total aggregate liability to you for any claims arising from or related to Humor Content shall not exceed the amount you have paid to the Company for the Dodo application in the twelve (12) months preceding the claim, or CHF 50, whichever is greater.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE COMPANY'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY CONSUMER PROTECTION LAW, INCLUDING UNDER SWISS CONSUMER PROTECTION LAW, THE AUSTRALIAN CONSUMER LAW, THE UK CONSUMER RIGHTS ACT 2015, EU CONSUMER PROTECTION DIRECTIVES, OR OTHER APPLICABLE STATUTORY RIGHTS. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THESE TERMS.

Indemnification for Humor Content

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of Dodo in a manner inconsistent with these terms; (b) any claim that you did not understand or consent to the nature of Humor Content despite the disclosures and controls provided; or (c) your decision to use Dodo despite the mental health advisory in this section.

Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with the laws of Switzerland and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Country of Switzerland, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.