Terms of use

Terms of Use


UAB Šeštoji Planeta, (‘we’, ‘us’, ‘our’), a company registered in Lithuania, Antakalnio str. 17, LT-10312 Vilnius, under company number 303375275, provides a ‘CanDo App’ mobile application (the ‘Service’), which endeavors to build a strong community and enhance human interaction, with the aim of connecting abilities, skills, talents with those in need of these skills. By signing in to CanDo App and using this application, you are consent that you have read, you agree to and fully accept these Terms of Use (the ‘Terms’) as well as Privacy Policy (the ‘Policy’), which is incorporated by reference into these Terms and available in the Service. These legal documents constitute a binding legal contract between you as a User (‘you’, ‘User’) and UAB Šeštoji Planeta, and govern the use of and access to our Service. Thus we ask you to read them carefully before you start using the Service.

We may, in our sole discretion, make changes to the conditions set forth herein at any time, in order to reflect the changes in or requirements of the law, the changes in our business practices, or to include new features. In such case, the newest revised version will be uploaded on the Service, and it will be the version that further applies. In case of any substantial changes which would further affect your rights and obligations, we will send you a notification via the Service. The date of last revised version of Terms will be indicated at the top of this page. If you continue using the Service after the changes, it constitutes that you accept and consent to be bound by the most recent Terms.

If you do not accept the Terms, including the Privacy Policy, in their full, you shall not access nor use our Service. In case you have any questions, please contact our Customer Support at [email protected]

These Terms are governed by and construed in accordance with the laws of the country of Lithuania and you agree to the exclusive jurisdiction of the courts located in Lithuania.

Key definitions and interpretation


User

an individual who completes account registration process on the Service.

Skills

the services, skills, talents, abilities that the User is willing to provide to other Users on the Service. The services must comply with local and international legal regulations.

Needs

an option for User to upload the description of his/her need or issue on application for a higher chance to receive a direct offer from another User.

Skill provider

a User who has published his/her Skills on the Service and is willing to provide them to other Users for a certain fee.

Seeker

a User who explores the uploaded skills or is in need of specific services, and who requests and receives the services from a Skill provider via the Service.

Skill Page

where the User may describe the Skills provided and their terms, and where other Users can request the skill and, if accepted, start the discussion about the provision of services.

Need Page

where the User may describe the Needs they have for a particular Skill and where Skill provider may send an offer to do the task.

Private messaging facility

where Skill providers and Seekers communicate with each other after the skill request is accepted by Skill provider in order to agree on further terms and payments.

Description of the Services


By using the Service, as a Skill provider you may publish your Skills by placing a description of them, attaching appropriate images, videos and other necessary details, including the price set for your Skill. The uploaded Skill is considered as User Generated Content and is available on the Service for other Users to view and contact you, if interested. As a Skill provider, you must meet all legal requirements based on the laws in the country of your residence.

You may also upload your customized Needs for specific Skills on your Needs page, which is also considered as User Generated Content and therefore indicates you as a Seeker. The Needs can be seen and found by other Users and the offers may be sent to provide the desired services. It is important to note that in order to send an offer to Seeker, the User must already have the requested type of skill added to his/her skills list, otherwise the offer function will not work.

If you know the other User in person who is on the Service, we encourage you to leave recommendations about this User’s Skills. The recommendations, however, must be consistent with our Terms.

The essential part after the Skill is received, it is to provide a review to the Skill provider, which is a simple prerogative of a Seeker and accumulates to Skill provider’s Skill rating. The reviews cannot be removed unless there are clear violations of our Terms. They can be left at any time after the Skill provider accepts an invitation to work and are publicly displayed on a Skill provider’s Skill Page.

User Account


In order to use the Service, you must have or create a Facebook account and sign in using your Facebook login, or register by using another sign up feature made available by us, which is free of charge. You are subject to provide the true, accurate and complete personal information as prompted by the relevant sign up feature (collection and use of personal information is governed by our Privacy Policy). You undertake to keep your personal information accurate and current and thus update it when relevant. Regarding the information we collect from your User Account and how we use it, proceed to our Privacy Policy.

You are solely responsible for any actions and activities that take place under your Account. You are also responsible for maintaining the confidentiality of your Account login details and for not allowing anyone else to use it to access the Service.

If any disclosure or unauthorized use of your Account or any other breach of security occurs, you agree to immediately notify us at [email protected]

Account eligibility


Our Service is directed only to individuals who are older than 18 years old. This is the minimum age the User has to be in order to legally use our Service, otherwise the access to or use of the application is expressly prohibited.

By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into and be bound by the Terms. You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

Using the Service may be prohibited or restricted in certain countries. You are responsible for complying with all applicable local laws and regulations of the territory from which you access or use the Service.

User Generated Content


We are not responsible by any means for the content advertised or delivered on the Service by the Users. You, as a User, are solely responsible for your own User Generated Content (the ‘Content’) - anything that you upload, post, publish or display, link to, transmit, record or email or otherwise use and make available on the Service, including Skills you may offer and Needs you may publish. You are also responsible for any content you privately transmit to other users, including private messages, videos, photographs, or profile text. You are aware that it is forbidden to advertise or publish any false or misleading information, as well as it is forbidden to publish commercial content which does not match the characteristics of the Service. You represent and warrant that your Content is accurate and truthful and that any information provided by you is promptly updated when it subsequently becomes inaccurate, incomplete, misleading or false.

We retain the right to use all published delivered works for our marketing and promotion purposes. We may assign and/or sub-licence this right to our affiliates and successors without any further approval by you. We also retain the right to monitor or review any User Generated Content, and based on our own sole judgements, delete any Content that violates the Terms or may harm the reputation of the Service.

You agree that you will not publicly share any of your personal contact information on your Skill Page or Need Page, including, but not limited to, mobile phone number, email, social networks, bank account details. This information is solely sharable only on private messaging facility in order to finalize the delivery of Skills. The publishment of personal contact information is considered as violation of our Terms and therefore may result in permanent termination of your access to the Service.

Links

The Content on the Service may include links to other sites or resources as well, which may direct you to third party sites. You acknowledge and agree that we do not endorse nor are responsible or liable for any content available on such sites nor guarantee that it is safe and trustful. We are not responsible or liable for any direct or indirect damage or loss caused by such content on the links.

Bing

In order to make your Skills or Needs look more attractive, you may upload images related to your Skill directly from Bing web search engine. However, you must then meet this third party’s terms and conditions.

User Interaction and Conduct


In any case of the contact established between the two Users, all the terms, conditions, warranties and any other dealings that are further made between the two parties about the delivery of services as well as payment methods are solely up to the Users to decide and discuss among themselves on the available private messaging facility. Our own role is strictly limited to only facilitating the connections between the Users. We do not take any liability for nor guarantee the occurrence or quality of the Skills and you declare that you are aware we have no way to verify, or filter the users registering on the Service and publishing Skills or Needs. We recommend to conduct any necessary investigations and take all safety measures before setting up a meeting with another Service User as we do not take responsibility for any conduct of any User. We also assume no responsibility or liability for any loss or damage resulting from any interaction with other Users on the Service, including, but not limited to, death, bodily injury, emotional distress and/or any other damages. We are under no obligation to become involved in any disputes between Users.

By using the Service, you confirm that you will not publish or post other people’s private and confidential information, which is not a public domain and is received in order to complete the delivery of Skills. The other User’s personal information shall not be used for any other purposes other than for the completion of the agreement between the Users.

Network and Location Access


You are responsible for obtaining the data network access and also providing the location access on your mobile device, which are essential to be able to use the Service. You understand that such access may involve third-party fees (such as Internet service provider).

In-app Purchases


For the full functionality of the Service, which is to be able to receive the Skill requests from other Users, you will be asked to purchase this feature through the App Store or Google Play Store for a monthly fee. You will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your App Store or Google Play Store account. Such purchases are final and non-refundable. You acknowledge that we are not required to provide a refund for any reason, including your account termination, whether it is voluntary or involuntary.

The subscription for a chosen period of time will continue to be charged until you cancel it manually. In all cases, please refer to the terms of App Store or Google Play Store.

On certain occasions, we may distribute special coupons on the Service, social media channels or email, which grant either particular discounts or free access to all Service features. Such coupon received by you is only for your own personal use, it cannot be transferred to anyone else, and it is only for one-time activation.

Termination of Use


After registration, you may terminate your use of our Service at any time by going to the settings while you are logged in and clicking on ‘delete account’ function. However, we may still keep your information for security reasons. For more details, please refer to our Privacy Policy. Please be aware that your Content other than on your profile (e.g. comments, email messages, reviews, recommendations) may still appear on our Service.

We also reserve the right, in our sole discretion, to terminate or suspend your access to the Service at any time if we believe you have breached the Terms and your behavior is not consistent with the purpose of the application. In such case, we take no liability to refund any unused services (in-app purchases; unused fees) nor to notify you prior such termination or suspension. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities.

Violations


We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates the Terms, including the removal of the violating Content from the Service and/or terminating such User’s Account. Such Content and/or Account is not eligible to be restored.

The violations of Terms may include, but are not limited to, the following list of violations and/or materials. You may not post, upload, display or otherwise make available Content that:

  • Is an offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, false, misleading, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights;

  • Advertises sexual, adult oriented, pornographic, obscene materials or services;

  • Advertises or promotes any illegal product or service;

  • Advocates racism, bullying, bigotry, harassment, intimidation, hatred or physical harm of any kind against any group or individual;

  • Involves phishing and spam;

  • Infringes Copyright and Trademark of another person’s copyrighted or trademarked work;

  • Promotes any political, ethnic, racial or religious organisation or belief;

  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

  • Is used for unlawful purposes or to conduct or give instructional information about illegal activities;

  • Promotes the sales of guns, weapons, bombs and any other dangerous materials and items.

If you come across any Content that may violate our Terms, you shall immediately report it to us through the appropriate channels created to handle those issues. The accounts which receive 10 reporting messages in a short time will automatically be terminated by our system. The results of any our investigation of the reports are not shared in order to protect individual privacy.

Intellectual Property Rights

We own, retain or license all the intellectual property (except User Generated Content) featured or displayed via the Service, which includes text, graphics, user interfaces, trademarks, logos, sounds, artwork and all the other related proprietary information. It is protected by copyright, patent and trademark laws and other legislation. You agree that you will not remove, copy, modify, adapt, distribute, publish, sell or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, unless you first obtain the prior written consent from us or, if such property is not owned by us, the owner of such intellectual property or proprietary rights. You also agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

Modification of the Service


We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of the Service and the damage or loss caused by it.

Limitation of Liability


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, BUSINESS PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY CONTENT ON THE APPLICATION, ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS, CHARGES, DEMANDS, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER DIRECT, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS, LOSS OF INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, STRIKES OR OTHER LABOR PROBLEMS AND ANY OTHER LOSS OR DAMAGE OF ANY KIND, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE WHETHER ARISING DIRECTLY OR INDIRECTLY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Antakalnio str. 17, LT-10312 Vilnius

Phone: +370 5 2141820