Terms of Service

Durability

Last updated: February 2025

These Terms of Service ("Terms") govern your use of the Durability mobile application and related services ("Service"). By using the Service, you agree to these Terms.

1. Eligibility

You must be at least 16 years old and able to form a binding contract to use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Account and security

You are responsible for keeping your account credentials secure and for all activity under your account. You must provide accurate and complete information when registering and update it as needed. Notify us promptly of any unauthorised use of your account.

3. Use of the Service

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

  • Use the Service in any way that violates applicable laws or regulations.
  • Infringe the intellectual property or other rights of others.
  • Transmit malware, spam, or any harmful or illegal content.
  • Attempt to gain unauthorised access to the Service, other accounts, or our or our providers' systems.
  • Use the Service to build a similar or competing product or to scrape or harvest data beyond normal use.

4. Your content

You retain ownership of the content you submit (e.g. product data, photos). You grant us a licence to use, store, and process that content as necessary to provide and improve the Service and to create anonymised, aggregated statistics as described in our Privacy Policy. You are responsible for ensuring you have the right to submit such content and that it does not violate any law or third-party rights.

5. Our intellectual property

The Service, including its design, features, and branding, is owned by us or our licensors. You may not copy, modify, or create derivative works of the Service (except as permitted by the app's normal use) without our prior written consent.

6. Disclaimers

The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We are not responsible for decisions you make based on statistics or other information provided by the Service. To the fullest extent permitted by law, we disclaim all warranties, express or implied.

7. Limitation of liability

To the maximum extent permitted by law, we and our affiliates, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or in connection with your use of the Service. Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve months preceding the claim, or one hundred euros (€100), whichever is greater. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the fullest extent permitted by law.

8. Indemnity

You agree to indemnify and hold harmless us and our affiliates, officers, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your content, or your breach of these Terms.

9. Termination

We may suspend or terminate your access to the Service at any time for breach of these Terms or for any other reason. You may stop using the Service and request account deletion at any time. On termination, your right to use the Service ceases; we may retain or delete your data in accordance with our Privacy Policy and applicable law.

10. Changes to the Service and Terms

We may change the Service or these Terms from time to time. We will notify you of material changes (e.g. via the app or email) where required. Continued use of the Service after the effective date of changes constitutes acceptance of the new Terms where permitted by law. If you do not agree, you must stop using the Service.

11. General

These Terms constitute the entire agreement between you and us regarding the Service. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These Terms are governed by the applicable laws of your country of residence. Any disputes shall be resolved in the courts of competent jurisdiction in that country.

12. Contact

For questions about these Terms: legal@durability.app (or the contact address published in the app).