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Terms of Service

Terms ¶ 

1.1 iFixit ( “We” or ”Our”) provides its Service “Dozuki” (as defined below) to you through its web site located at www.dozuki.com (the “Site”), subject to these Terms.

1.2 By accepting these Terms, or by accessing or using the Service or Site, you represent and acknowledge that you have read, understood, and agree to be bound by these Terms, and that the information you provide in registering to the Service is accurate, complete, and is yours or within your right to use. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you,” “your” or related terms herein shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

1.3 You acknowledge that these Terms constitute a contract between you and iFixit, even though it is electronic and is not physically signed by you and iFixit, and that these Terms govern your use of the Service and supersede any other agreements between you and iFixit.

Service Description ¶ 

2.1 The “Service” includes (a) the Site, (b) the on demand manual creation and distribution system called “Guidebook”, and/or “Answers", an online knowledge exchange. The services provided to you through the Site are based on the plan purchased. The Service includes all software, data, text, images, sounds, videos, and other content made available through the Site, or via the Dozuki API (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.

The Service may also include basic or expanded support based on the Service plan purchased. iFixit does its very best to make the Service available as detailed in the applicable Service plan, except for: (a) planned downtime (of which you will be notified in advance), or (b) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.

Use of the Service ¶ 

3.1 Subject to the terms and conditions of these Terms, you agree to access and use the Service only for your business purposes as contemplated by these Terms.

Subject only to your limited right to access and use the Service as expressly granted to you here, all rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to iFixit and its third-party vendors.

3.2 Account Terms

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  • You are responsible for maintaining the security of your account and password. iFixit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • If you are using a free account you are not permitted to block ads.
  • One person or legal entity may not maintain more than one free account.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.3 You agree not to (a) modify, adapt or hack the Service to falsely imply any sponsorship or association with iFixit or Dozuki, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (b) use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law; (c) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (d) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, pornographic, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (e) use the Service in violation of these Terms.

3.4 You are responsible for all information, data, text, messages or other materials that you post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account.

3.5 iFixit’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.

Privacy and Security ¶ 

4.1 In providing you the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data and the personal data of your end-users.

4.2 You agree that iFixit can access your account’s information in order to provide feature improvements and support. We will not disclose such data except if compelled by law, permitted by you, or pursuant to the terms of Our Privacy Policy, which is available at www.dozuki.com/Info/Privacy.

Intellectual Property ¶ 

5.1 Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. iFixit shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from you. iFixit®, Dozuki®, and iFixit’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of iFixit (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the Service; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent iFixit, its services or products.

Third Party Service ¶ 

6.1 External Sites. The Service may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If use Other Services, your use is governed solely by the terms and conditions of such Other Services. We do not endorse, are not responsible for such Other Services, their content or the manner in which they handle your data. iFixit is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.

6.2 Integration. The Service may contain features that enable various Other Services (such as social media services like Facebook and Twitter) to be directly integrated into your Dozuki experience. To take advantage of these features, you will be required to register for or log into such Other Services on their respective websites. By enabling third party services within the Service, you are allowing iFixit to pass your information to these Other Services for this purpose.

6.3 Translations. This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.

Accounts and Billing ¶ 

7.1 Billing Terms for Invoiced Accounts.

  • Invoiced accounts will sign a separate agreement that defines the terms of licensing Dozuki, professional services, usage and user fees. You will issue a Purchase Order based on this agreement.
  • You will receive an invoice in advance based on the terms of the contract between you and iFixit/Dozuki which must be paid on time as agreed in the Purchase Order in order to maintain your account in good standing.
  • The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service or downgrade refunds. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. iFixit does not accept any liability for such loss.
  • If you or your users exceed the usage allocated to your account you will be billed for this excess usage at the price currently listed on the Dozuki website.

7.2 Billing, plan modifications, and payments for automated monthly accounts.

  • A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  • You will receive a receipt upon each payment received. You may also obtain a receipt from within the application to track the status of your subscription.
  • You will be billed monthly starting on the 30th day after your account was initially created. You will not be charged if you cancel prior to the processing of your first invoice on the 30th day.
  • You will be billed for your first month immediately upon upgrading from the free plan to any paying plan.
  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or downgrade refunds. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  • For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. iFixit does not accept any liability for such loss.
  • If you or your users exceed the usage allocated to your account you will be billed for this excess usage at the price currently listed on the Dozuki website.

7.3 Cancellation and Termination

  • You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in the Account Manage interface.
  • All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  • If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately and you will not be charged again.
  • iFixit, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other iFixit service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. iFixit reserves the right to refuse service to anyone for any reason at any time.

7.4 Modifications to the Service and Prices

  • iFixit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dozuki website (www.dozuki.com) or the Service itself.
  • iFixit shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7.5 Late payments. If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon Our request, your entire subscription may be suspended or cancelled.

7.6 Billing Privacy. iFixit uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for iFixit. For more information about Our billing practices and your personal information please visit Our Privacy Policy.

7.7 Taxes. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against iFixit based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.

Disclaimer of Warranties ¶ 

8. THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND IFIXIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT IFIXIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM IFIXIT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. LIMITATION OF LIABILITY

9.1 NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

9.2 LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IFIXIT’S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9.2 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF IFIXIT WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

9.3 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, IFIXIT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION ¶ 

10.1 Indemnification by iFixit. iFixit will indemnify and hold you harmless, from and against any claim against you by reason of your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes a valid patent or copyright, or misappropriates a third party’s trade secret (such claims, collectively, “Claim”). iFixit shall, at its expense, defend such Claim and pay damages finally awarded against you in connection therewith, including the reasonable fees and expenses of the attorneys engaged by iFixit for such defense, provided that (i) You promptly notify iFixit of the threat or notice of such Claim, (ii) iFixit will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such Claim, and (iii) You fully cooperate with iFixit in connection therewith. If your use of the Service has become, or in iFixit’s opinion is likely to become, the subject of any such Claim, iFixit may at its option and expense (a) procure for you the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not reasonably practicable, terminate these Terms and repay you any unused Service fees. iFixit will have no liability or obligation under this Section 11.1 with respect to any Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by you; (ii) modification of the Service by anyone other than iFixit; or (iii) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.

The provisions of this Section 10.1 state the sole, exclusive and entire liability of iFixit to you and constitute your sole remedy with respect to a Claim brought by reason of your permitted use of the Service.

10.2 Indemnification by you. You agree to defend, indemnify, and hold harmless iFixit from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, or your and your end users’ access to, use, misuse or illegal use of the Service. iFixit will provide you notice of any such claim, suit, or proceeding. iFixit reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist iFixit’s defense of such matter.

Assignment and Revisions ¶ 

11. Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you of such changes and direct you to the latest version.

Severability ¶ 

12. If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

Export Compliance ¶ 

13. Certain Content and software components of the Service may be subject to U.S. export control and economic sanctions laws. If you are subject to U.S. laws, you agree to comply with all such laws and regulations as they relate to such software and Content, and access and use of the Service. You shall not access or use the Service if you are located in Burma (Republic of the Union of Myanmar), Cuba, Iran, Libya, North Korea, Sudan, or Syria (the “Prohibited Jurisdictions”), and you shall also not provide access to the Service to any government, entity or individual located in the Prohibited Jurisdictions.

Survival ¶ 

14. Sections 3 (General Conditions/Access and Use of the Service), 5 (Intellectual Property Rights), 7 (Billing, Plan Modifications and Payments), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Assignment; Entire Agreement; Revisions), 12 (Severability), 13 (Export Compliance and Use Restrictions), and 15 (Governing Law) will survive any termination of these Terms.

Governing Law ¶ 

15. These Terms shall be governed by the laws of the State of California, without reference to their rules regarding conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Luis Obispo County, for the purpose of resolving any dispute relating to your access to or use of the Service.

Federal Government End Use Provisions ¶ 

16. If you are a U.S. federal government end user, this Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to you with only those rights as provided under the terms and conditions of these Terms.

Coda ¶ 

Phew. We'll take a deep breath now. Did you get all that?

We stand on the shoulders of giants. Inspiration for this terms of service comes from 37 Signals and Zendesk.