ACCEPTANCE OF TERMS

IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE FLYING DONUT AGILE COLLABORATION SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the Flying Donut Agile Collaboration Service, also referred to as the Flying Donut Service ("Service"). Your use of the Service is subject to the following Terms of Use. This is a legal agreement ("Agreement") between You and Flying Donut Software P.C., for use of the Flying Donut service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, do not use the Service. Flying Donut Software P.C. reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement.

The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

DESCRIPTION OF SERVICE

The Service includes, and is limited to, a web site allowing You access to and use of a single Flying Donut Account. "Flying Donut" referred to herein means the Flying Donut Software P.C. Agile Collaboration Software, Flying Donut, an online collaboration tool that supports agile project management practices. A "Flying Donut Account" or "Account" referred to herein means a web site, provided by Flying Donut Software P.C., where You may use Flying Donut to create, update, share, and publish information, data, text, messages or other materials ("Content").

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including, without limitation, operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Flying Donut Software P.C., such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Flying Donut Software P.C. for use in accessing the Service. Flying Donut Software P.C. will provide the Service in accordance with this Agreement. Flying Donut Software P.C. may at its sole discretion modify the features of the Service from time to time without prior notice.

REGISTRATION

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Flying Donut Software P.C. with an electronic mail address and other information ("Registration Data"). You will choose an account designation for Your Account during the Service's registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Flying Donut Software P.C. of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Flying Donut Software P.C. cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Flying Donut Software P.C. assumes no duty to verify such information as further detailed in CONTENT OF THE SERVICE. If You provide any information that is untrue, inaccurate, not current or incomplete, or Flying Donut Software P.C. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flying Donut Software P.C. has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are at least 15 years of age. No one under the age of 15 may provide any personal information to Flying Donut Software P.C. or on the Service (including, for example, a name, address, telephone number or email address).

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING

• All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
• A project member is anyone with write access access to one or more projects. The project owner and the administrators are also counted as a members. Once you give a access to a private project they count as a user on your billing plan.
• A unique member a member that have write access on multiple projects but counts as one user on your billing plan.
• An upgrade from the free plan to any paying plan will immediately bill you based on the total number of unique members.
• For monthly or annually payment plans, the Service is billed in advance on a monthly or yearly basis according to the number of unique members.
• For payment plans, the Service is non-refundable. There will be no refunds or credits for partial billing cycle of service, upgrade/downgrade refunds, or refunds for time periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, VAT, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, VAT, levies, or duties.
• For any upgrade or downgrade in plan level on a billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
• A selection of an Annual plan will create a new billing cycle. If the selection takes place while on a plan that is billed in advance, the new billing cycle will start at the end of the existing one.
• A selection of a free plan terminates any active billing cycle. The active billing cycle remains in effect until the expected termination date. You are not allowed to surpass the number of members in your private projects, you already paid for.
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Flying Donut Software P.C. does not accept any liability for such loss.

TERMINATION, BREACH, SUSPENSION AND CANCELLATION

Flying Donut Software P.C. may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content contained in Your Account, and Flying Donut Software P.C. may delete Your Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Flying Donut Software P.C. may also withdraw and at its discretion reallocate the public web address of Your Account.

If You terminate Your Account, via means provided for cancellation on the Flying Donut Software P.C. website or in Manage Account, or via telephone call or email to Flying Donut Software P.C., and You request that Flying Donut Software P.C. delete Content and files contained in Your Account, Flying Donut Software P.C. will make all reasonable efforts to do so.

USAGE LIMITATIONS ON FREE PLAN

Teams and Organizations on the free plan are prohibited from creating and managing multiple projects with different owners. Our free plan is designed to provide a taste of our service's capabilities, allowing users to explore its features, test its suitability for their requirements, and grow at their own pace. Any attempt to exceed this limit may result in the account being flagged for review or suspension. To accommodate multiple projects or premium usage, users are encouraged to explore our paid subscription options.

OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

You are responsible for maintaining the security of Your Content and Flying Donut Account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Flying Donut Account. You agree to immediately notify Flying Donut Software P.C. of any unauthorized uses of the Account or any other breaches of security. Flying Donut Software P.C. cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Flying Donut Software P.C. be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS

Flying Donut Software P.C. and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Flying Donut Software P.C.'s or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.

1. Backlog Bucket is a Trademark of Flying Donut Software P.C.
2. Burndown Insight is a Trademark of Flying Donut Software P.C.

INJUNCTIVE RELIEF

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Flying Donut Software P.C., its affiliates, suppliers and any other party authorized by Flying Donut Software P.C. to resell, distribute, or promote the Service ("Resellers"), and under such circumstances Flying Donut Software P.C., its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

PROPER USE

You understand that all Content are the sole responsibility of the person from which such Content originated. This means that You, and not Flying Donut Software P.C., are entirely responsible for all Content that You upload, post, transmit or otherwise make available via Your Account. Flying Donut Software P.C. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Flying Donut Software P.C. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Flying Donut Software P.C. does not pre-screen Content, but that Flying Donut Software P.C. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Flying Donut Software P.C. and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Flying Donut Software P.C. or submitted to Flying Donut Software P.C. You acknowledge and agree that Flying Donut Software P.C. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Flying Donut Software P.C., its users and the public.

You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Flying Donut Software P.C.'s sole discretion as to what action should be taken. You agree that You will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a Flying Donut Software P.C. official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(k) "stalk" or otherwise harass another;

(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.

(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Flying Donut Software P.C. determines, in its sole discretion, is inappropriate for sale through the Service provided by Flying Donut Software P.C.;

(n) use the Account website as a redirecting/forwarding service to another website;

(o) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins , or deleting, adding to, or otherwise changing other people's comments or content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, Flying Donut Software P.C. retains the right to terminate such account at any time without further warning.

GENERAL PRACTICES REGARDING USE AND STORAGE.

You agree that Flying Donut Software P.C. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. You acknowledge that Flying Donut P.C. may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Flying Donut Software P.C. retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

You agree that You will not:

(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Flying Donut Software P.C. or any other third party, except with the prior written consent of Flying Donut Software P.C. or the appropriate third party.

CONTENT OF THE SERVICE.

Flying Donut Software P.C. takes no responsibility for third-party content (including, without limitation,any viruses or other disabling features), nor does Flying Donut Software P.C. have any obligation to monitor such third-party content. Flying Donut Software P.C. reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Flying Donut Software P.C. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Flying Donut Software P.C., its users and the public. Flying Donut Software P.C. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Your Flying Donut profile information will appear on public projects you participate in. This includes your name and any activity that you have had on public projects.

INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

NO RESALE OF THE SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Flying Donut Software P.C.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) all of the information provided by You to Flying Donut Software P.C. to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.

NO WARRANTIES OR REPRESENTATIONS BY Flying Donut Software P.C.

You understand and agree that the Service is provided "as is" and Flying Donut Software P.C., its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Flying Donut Software P.C.'s servers. Flying Donut Software P.C., its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by Flying Donut Software P.C. or its authorized representatives shall create a warranty or in any way increase the scope of Flying Donut Software P.C.'s obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities , aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Flying Donut Software P.C., its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

INDEMNITY

You agree to indemnify, defend and hold harmless Flying Donut Software P.C., its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of this Agreement or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.

MODIFICATIONS TO SERVICE

Flying Donut Software P.C. 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 at any time. You agree that Flying Donut Software P.C. shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Flying Donut Software P.C. Software is intended or created by this Agreement.

LIMITATION OF LIABILITY

In no event will Flying Donut Software P.C. or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Flying Donut Software P.C., its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Flying Donut Software P.C.'s, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.

WAIVER AND SEVERABILITY

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Flying Donut Software P.C. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed under the laws of Serres, Greece, as applied to agreements entered into and to be performed in Serres by Greek residents. The parties consent to the exclusive jurisdiction and venue of the courts located in Greece.

ENTIRE AGREEMENT/GENERAL PROVISIONS

This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Flying Donut Software P.C. may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Flying Donut Software P.C. upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Flying Donut Software P.C., and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Flying Donut Software P.C. under this Agreement must be sent to the following electronic mail address for such purpose: info@flyingdonut.io or the following physical address:

Flying Donut Software P.C.
N. Doumpa 6
62122 Serres GREECE

Last revision: Sep 4, 2023