Online terms and conditions

Welcome to Didoi App - Private Massage.

We recommend that you read these Terms and Conditions before using the Didoi application (hereinafter referred to as the “Application” or “Didoi”) (www.didoi.com).   

By using the Application, you are agreeing to the following Terms and Conditions.  Please note that we reserve the right to modify these Terms and Conditions at any time.  We recommend that you refer back to them regularly.  The Application is hosted and managed by Pink Lemur LLC, a New York limited liability company (hereinafter referred to as the “Company”).

Once you create a profile on the Didoi Application, the Terms and Conditions will constitute a legally binding agreement between you, the user and us, the service provider.

Please contact (team@didoi.com) if you should have any questions or issues with our Terms and Conditions or service provision.

1. Use of the Didoi Application

The Application may be used by every natural person over the age of eighteen (18), if the person has an unlimited legal capacity according to applicable law.  The use of the Application is open exclusively to individuals. 

The Application will allow registered certified or uncertified masseurs (male or female) to offer massage services (hereinafter referred to as the “Masseur” or collectively as “Masseurs”).  Certification is not mandatory and any individual can register on the Application.  If the Masseurs are certified by their state, country and/or local certification authority, upon receipt of a copy of their certification and proper verification, they will appear as “Approved” on the Application.

During the registration process, a verification of the cellular telephone number of the Masseur will be required.

All registered Masseurs will be able to offer massages in thirty (30), sixty (60) and ninety (90) minutes increments. 

Prices for the massages will be determined at the discretion of the Masseur and payments can be made either in cash, credit card via Stripe (mobile-based payment).  Mobile-based payment is only available in certain countries, listed in our “Frequently Asked Questions.”

Different types of additional options (such as massage oil, table massage, towel, etc.) can be offered by the Masseurs, at their discretion.

Users of the Application receiving massage services (hereinafter referred to as the “User” or collectively as “Users”) undertake to pay for the massage services they receive from the Masseurs.

Users can contact Masseurs by chat in order to arrange an appointment and provide appointment details via the dedicated function in the Application (duration, location, type of massage).  All appointment details, including the type of massage to be provided, shall be confirmed beforehand by the Masseur.

The Masseur may decline the appointment request at his/her entire discretion.  The cancellation of an appointment is free of charge for both Masseurs and Users.

Users may evaluate Masseurs following the massage service if the payment was made via Stripe.  Any comments will be submitted to Didoi prior to being published and Didoi reserves its right, as its absolute discretion, not to publish any inappropriate comments, such as but not limited to comments of sexual, racial, offending, vulgar or rude nature.

The geographical location of both Masseurs and Users will be available from the Application using geographic position determination technology and positioning.  This will allow Users to see available Masseurs in their geographical area.  The precise location of either Users or Masseurs will not be available, but only the distance between each other shall be available.

Users will be able to change their geographic location to see Masseurs are available in other geographic positions or cities/countries.  However, Users’ actual geographical location will be available to Masseurs.

In order to receive payments via Stripe, Masseurs are required to provide the necessary documents and informations in order for Didoi to issue payments accordingly to their bank account.

By downloading the Application, you are agreeing to these Terms and Conditions.

In order to use the Application, you must have already registered with Didoi.  By using the Application, you hereby confirm that the statements made by you towards Didoi are accurate, and that you have agreed to abide by all Didoi Terms and Conditions as outlined in the Company’s own terms.  These terms are liable to change and therefore we recommend that you review them regularly.

You will be able to log in to the Application through Facebook Connect.  In order to do so, you must have already registered with Facebook (www.facebook.com), have a current Facebook user account and have agreed to abide by all Facebook terms and conditions as outlined in Facebook’s own terms.  These terms are liable to change and therefore we recommend that you review them regularly.  We reserve the right to use certain information from your Facebook profile for the Application.  No information regarding your use of the Application or Didoi will be published on your Facebook Wall.

At any time, Masseurs will be able to cancel their account and profile with Didoi or to be in “unavailable” status.  Masseurs will then no longer appear in the list of available Masseurs.

We reserve the right to limit the functional scope of the Application at any time.  We also reserve the right to discontinue the Application in its entirety at any time.

2. Pricing

Promotional codes are only available when using Stripe (mobile-based payment) as payment method.  The validity of promotional codes is limited and promotional codes can only be used once per User.  Promotional codes will be communicated via email or social networks.

A User subscription is required to contact the Masseurs, starting at $9.99 per week, $19.99 per month and $49.99 for three (3) months ( or equiv. in other currencies depending on your country ), allowing unlimited contact with the Masseurs.  Payment for the subscription is made using in-app purchase on Google Play or Apple App Store.

App Stores will automatically renew your subscription. You can cancel your subscription at anytime, however there will be no refunds or credits for partial subscription periods.

Subscription fees do not include massage services.

Didoi shall earn a ten percent (10%) commission on all Masseurs payments made via mobile.  No commission on cash payments.

A receipt will be generated for both the User and Masseur following the payment transaction, which can be sent using the dedicated function on the Application.

*** Apple Store information ***

Subscribe to Didoi App to chat with therapists nearby and schedule appointment. Subscription is auto-renewable which means that once purchased, it will be auto-renewed every month unless auto-renew is turned off at least 24-hours before the end of the current period. Pricing of the subscription is $9.99 weekly, $19.99 monthly and $49.99 for 3-month period (or its equivalent amount in your local currency).

iTunes Account will be charged for renewal within 24-hours prior to the end of the current period with the cost of $9.99, $19.99 or $49.99 respectively for 1 week, 1 month or 3 months duration (or its equivalent amount in your local currency).

Manage your Subscription and Auto-Renewal by going to your Account Settings. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. 

Please read our Terms of Use and Privacy Policy by clicking this link: http://www.didoi.com/en/legals

 

3. User’s Responsibilities

By accepting our Terms and Conditions, you bear the exclusive responsibility, without limitation for all texts, photos, graphics, videos, files or other materials and submissions (hereinafter referred to as the “Contents”), which are saved, reproduced or published in the course of using the Didoi service (hereinafter referred to as the “Service”).

You are exclusively responsible for the decision of which the Contents are to be included in your personal Didoi profile.  Didoi does not assume any guarantee for the suitability, completeness and legality of such Contents.  To the extent you select the Contents to be taken over into your personal Didoi profile, or accept Contents automatically generated by the Application and thereby confirm the lawfulness of same, you bear the sole responsibility for taking over the Contents in your personal Didoi profile.

You guarantee towards us that you possess all rights in regards to the Contents, which are taken over into your personal Didoi profile and that no rights of third parties, irrespective of type, no statutory provisions and no provisions of these Terms and Conditions, in particular not the rules set out in the following paragraphs will be violated.  In case you are not the owner of the rights to any of the Contents taken over into your personal Didoi profile, you guarantee that you have effectively obtained all required legal transfers, licenses, permissions and consents.  For the case you violate one or more guarantees or these Terms and Conditions, you shall indemnify us for any liability towards a third party and shall hold us harmless to the fullest extent.

You may not, when using the Application, undertake any illegal actions, in particular not:

-      saving, publishing and/or transmitting Contents, which are according to the relevant statutory provisions or according to our assessment, illegal, harassing, insulting, obscene, in another way inappropriately pornographic, glorifying violence, consumption of alcohol or harmful to minors; 

-      which violate the rights of third parties, in particular copyrights, ancillary copyrights, other property rights or personal rights; 

-      which contravene relevant rules of conduct; of which you are not authorized, for example trade secrets of others; 

-      which are likely to lead directly or indirectly to physical injury or property damage, such as, for example, corresponding directives to take such actions; 

-      impersonating another person within the platform, for example as an office holder, our representative, or purporting to have a relationship to such persons, forging user names or in any other way manipulating identifying designations and/or disguising the origin of content which is transferred in the context of the Service; 

-      harassing, threatening, insulting, slandering, disparaging or discriminating based on gender, race, religion or beliefs anyone, whether it be a natural or legal person or a company, or asserting or disseminating untrue facts in regards to a natural or a legal person; 

-      saving or transferring personal data about other users, to the extent that the affected parties do not consent; and, 

-      Setting up links to the content of third parties which contravene provisions of these Terms and Conditions or other legal provisions. 

Although we do not generally review or monitor the Contents of users, we reserve the right -- in our sole discretion and without providing the reasons -- to refuse (where appropriate, partially refuse) and to block or delete with immediate effect, the Contents and/or the Application user account, which are accessible over our servers, in particular as third parties make us aware of the Contents which contravene these Terms and Conditions.

4. Intellectual Property 

a. The Application is owned and operated by the Company.  Unless otherwise noted, the Company owns the copyright with respect to all content on the Application.  Additionally, the Application may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

b. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Application or any information displayed in the Application, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms and Conditions; or (ii) with the prior written permission of Didoi or the prior written permission from such third party that may own the trademark or copyright of information displayed in the Application. 

c. Copyright complaints by third parties. Didoi respects the intellectual property of others.  If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please contact (team@didoi.com) with the following information:

-      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-      a description of the copyrighted work that you claim has been infringed; the place where the material that you claim is infringing is located in the Application;

-      Your address, telephone number, and email address;

-      A statement that your claim of infringement is based on a good-faith belief;

-      A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

5. DISCLAIMER

THE APPLICATION, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICATION, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE APPLICATION.  ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK.  WE MAKE NO REPRESENTATION OR WARRANTY:

  • THAT THE APPLICATION WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE ONLINE CHANNELS WILL BE UNINTERRUPTED, ERROR FREE OR SECURE;
  • THAT DEFECTS OR ERRORS WILL BE CORRECTED;
  • THAT USE OF THE APPLICATION WILL PROVIDE SPECIFIC RESULTS; OR
  • THAT THE APPLICATION OR THE SERVERS OR NETWORKS THROUGH WHICH THE APPLICATION ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. LIMITATION OF LIABILITY

IN NO EVENT DIDOI, THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF:

·       THESE TERMS AND CONDITIONS;

·       THE APPLICATION; OR

·       YOUR USE OF OR INABILITY TO USE THE APPLICATION. 

WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.  IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, THE APPLICATION, OR YOUR USE OF OR INABILITY TO USE THE APPLICATION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ONLINE CHANNELS.

7. Indemnification

You will indemnify and hold Didoi and the Company harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (hereinafter referred to as the “Claims”):

·       your use of, inability to use, or activities in connection with the Website and the Application;

·       any violation of these Terms and Conditions or any of our other terms, conditions or policies by you;

·       any transaction;

·       any allegation that any submission or other materials that you make available through the Application infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or

·       your violation of any rights of any visitor, user, or customer of or the Application, or any other third party.

You agree to reimburse Didoi and/or the Company on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

8. Governing Law

These Terms and Conditions are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in New York, New York, for any action, suit or proceeding arising out of or relating to these Terms and Conditions or your use of the Application, including related services or products.

9. Miscellaneous

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect. 

No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions.  You do not have any authority of any kind to bind us in any respect whatsoever.  The failure of either party to exercise in any respect any right provided for in these Terms and Conditions will not be deemed a waiver of any other rights under these Terms and Conditions. We will not be liable for any failure to perform our obligations under these Terms and Conditions if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation.  You may not assign, transfer, or sub-license these Terms and Conditions without our prior written consent.  We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent.

Privacy Policy and Use of Data

 

By using the Application, you are agreeing to our privacy policy and use of data set forth herein.  Your submission of personal information through the Application is governed by our privacy policy set forth in this section.

You represent and warrant that any information you provide in connection with your use of the Application is true, accurate and complete, and that you will maintain and update the information as needed, so that the information remains true, accurate and complete. All comments, feedback, suggestions, ideas, and other communications (hereinafter collectively referred to as “Comments”) submitted or offered to us in connection with your Didoi profile will be and remain our property.  We will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

We may collect personal data, including your name, email, geographical location, date of birth, telephone number, your preferences and interests, or other information you provide to us or grant us access to (hereinafter referred to as “Personal Data”) when you create your Didoi profile.  We may also collect and use on the Application any photographs, video images or other user-generated content that you may upload to your Didoi profile (hereinafter referred to as “User-Generated Content”).  

We will use Personal Data collected through the Application to: (1) process requested Service and allow you to participate in the features we offer on the Application; (2) provide you with information that you request or agree to receive; (3) improve the Application and for internal business purposes; (4) tailor content, advertisements and offers we serve you; (5) upload User-Generated Content, if available on the Application; and (6) fulfil other purposes disclosed at the time you provide your Personal Data or otherwise with your consent.

We may share Personal Data with other social media networks.

We may transfer and disclose information, including your Personal Data, to third parties: (i) to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; (ii) to verify or enforce the Terms and Conditions or other applicable policies; (iii) to respond to an emergency; (iv) or otherwise to protect the rights, property, safety, or security of third parties, visitors to the Application or the public.  Such disclosures may be carried out without notice to you.