Duamo
Terms of use
Version 1, effective
In brief: these terms are the agreement between you and IOCODO LLC for using Duamo. Duamo is a daily question for two people in a relationship: each of you answers on your own, your partner's answer opens after yours, and then you can talk about it underneath. It offers questions for conversation between partners. It is not counselling or therapy, and it gives no advice.
Please read Disclaimer of warranties and Limitation of liability with care. If you are a consumer and live in the European Union, the European Economic Area, Switzerland, the United Kingdom or Brazil, the section for consumers in those places gives you extra protection and prevails over the rest.
1. These terms and when they apply
These terms of use ("terms") are an agreement between you and IOCODO LLC ("we", "us"), the company that makes Duamo.
You can read these terms before you install Duamo, and at any time on this page. They apply to your use of the app. If you do not agree with them, please do not use Duamo.
On Android, you accept them when you invite your partner or join them, before anything you add is shared with other people: the app says so next to the button and links to these terms.
Our privacy policy explains how we handle your data. It is information for you, not part of this agreement.
If you downloaded Duamo from Apple's App Store, Apple's standard licence agreement for apps also applies to your licence to use the app. Where it and these terms deal with the same point, the one that protects you more applies.
2. Who can use Duamo
You must be at least 13 years old to use Duamo.
In Brazil, the indicative age rating given to Duamo is the one shown on the store page where you download it, assigned through the age ratings of the App Store and Google Play.
An account is personal: do not share yours, and do not use someone else's.
3. What Duamo is
Duamo is a daily question for two people in a relationship: each of you answers on your own, your partner's answer opens after yours, and then you can talk about it underneath. It offers questions for conversation between partners. It is not counselling or therapy, and it gives no advice.
Please keep in mind:
- What you write is shown to the person you paired with. You can change an answer only until your partner has answered, and what your partner has read stays in your couple's archive. Deleting your account deletes your answers and messages for both of you.
- Duamo Plus, bought by either of you, covers both of you while you are paired. It is billed to the person who bought it, through Apple or Google, and it stays with that person: if you unpair, or if that person deletes their account, the other person loses Plus, and billing continues until the buyer cancels it in their store's subscription settings.
- Never share sexual content involving a minor. Child sexual abuse and exploitation material is forbidden in Duamo: we remove it, close the accounts involved and report it to the authorities as the law requires. Terrorist content and other illegal content are forbidden too, and we remove them once we learn of them. For users in the United Kingdom: intimate content shared without consent is removed within 48 hours of a report.
We describe what the app does in the app itself and on its store pages, and we work to keep its content correct. If you find an error, tell us at support@iocodo.com and we will look into it.
4. Your licence to use the app
We give you a personal, non-exclusive and non-transferable licence to use Duamo on devices you own or control, for your own non-commercial purposes, under these terms.
The app, its content, its design and its name belong to IOCODO LLC or to those who licensed them to us. These terms give you no other right to them.
5. Using the app fairly
When you use Duamo, do not:
- break the law, or use the app to harm, harass or deceive anyone
- copy, change, sell or rent the app, or try to extract its source code, except where the law allows it
- interfere with the app or the services it relies on, get around their security or limits, or use bots, scripts or cheats
- collect other people's data through the app
- share content that is illegal, sexually explicit, violent or hateful, that harasses or threatens anyone, or that reveals someone's private information
If you break these rules, we may act as described in Suspension and ending.
6. Your account
Keep your sign-in details to yourself. You are responsible for what happens in your account, unless it happens through no fault of yours.
Give us correct information when we ask for it.
You can delete your account at any time in the app (Settings, then Delete account). Deleting it also deletes your data, as our privacy policy describes.
7. Purchases and subscriptions
Purchases in Duamo are made through Apple's App Store or Google Play and follow their terms. They take the payment, and their refund rules apply: see how to ask Apple or Google Play for a refund.
Before you buy, the app shows you the price, what you get and, for a subscription, how long each period lasts and that it renews automatically until you cancel it.
You can cancel a subscription at any time in your App Store or Google Play account (instructions for Apple and for Google Play). Cancelling stops the next renewal, and you keep access until the end of the period you have paid for.
If the price of a subscription goes up, Apple or Google tell you before the new price applies, following their rules.
Your rights under consumer law, including any right to withdraw from a purchase, are not affected.
8. Your content
You keep ownership of what you create, write or upload in Duamo ("your content").
You give us a worldwide, non-exclusive and royalty-free licence to host, store, copy and display your content, and to adapt it to the app's formats, only as far as needed to run Duamo for you and for the people you share it with. This licence ends when you delete the content or your account, except for copies that other users have already received and for backups, which we delete on our normal schedule.
You confirm that you have the rights to what you upload, including the permission of every person who appears in a photo or recording, and that it respects these terms and the law.
Do not publish content that is illegal, that infringes someone else's rights, that is sexually explicit, violent or hateful, that harasses or threatens anyone, that reveals someone's private information, or that is spam.
How we moderate
We use automatic filters and human review to find content that breaks these rules. We may remove or restrict that content, or suspend the account that published it. When we do, we tell you what we did and why, unless the law or someone's safety prevents it. You can ask us to review the decision by replying to our message or by writing to support@iocodo.com, and a person will look at it.
Reporting content
To report content, use the report option in the app (Report) or write to support@iocodo.com. Tell us where exactly the content is, why you think it is illegal or breaks these terms, and your name and email address, and confirm that your report is accurate and made in good faith. We confirm that we received it, and we tell you what we decided.
Copyright
If you believe that content in Duamo infringes your copyright, write to support@iocodo.com with the details. We remove content that infringes, and we close the accounts of users who infringe repeatedly.
Contact point
For the EU Digital Services Act, users and authorities can reach us at support@iocodo.com, in English or Italian.
9. Links and services of other companies
Duamo may link to, or show information from, websites and services of other companies. We do not control them, and their own terms apply to them. A link is not an endorsement.
10. Changes to the app
We keep working on Duamo, so its features change over time. We change, suspend or remove a feature only for a valid reason: to keep the app secure, to comply with the law or a decision of an authority, because a service of another company that the feature depends on changes or ends, to fix a defect, or to improve the app without making it worse for you.
Some features can be switched off remotely without an update, for example to stop an error from reaching more people while we fix it. The same rules apply to that.
These changes cost you nothing extra, and we tell you about them in the app. We provide the updates, including security updates, that keep the app working as described.
If a change makes a feature you paid for worse for you in a way that is more than minor, we tell you in advance, in the app, and by email if we have your address. You can then cancel that purchase or subscription free of charge within 30 days of the change, and we refund what you paid for the time in which you can no longer use it as before, unless we keep the previous version available to you.
11. Changes to these terms
We change these terms only for one of these reasons: a change in the law or in a decision of an authority, a change in Duamo or in how we provide it, a change in the services of other companies that we depend on, or to make the terms clearer.
At least 30 days before a change takes effect, we tell you about it in the app, and by email if we have your address, unless the law requires the change sooner or it only benefits you. If you do not accept them, you can stop using Duamo, delete your account and cancel any subscription without a penalty.
A change never applies to a dispute that started before it took effect.
The version and the date it took effect are at the top of this page.
12. DISCLAIMER OF WARRANTIES
Duamo is provided "as is" and "as available". To the fullest extent permitted by applicable law, IOCODO LLC disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the app will work without interruption or errors, or that its content will be complete, correct or current at all times.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the exclusions above may not apply to you. They apply to you only as far as the law where you live allows.
If you are a consumer and live in the European Union, the European Economic Area, Switzerland, the United Kingdom or Brazil, this section does not apply to you: the section for consumers in those places does.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, IOCODO LLC is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from or related to Duamo or these terms.
To the fullest extent permitted by applicable law, our total liability for all claims arising from or related to Duamo or these terms is limited to the greater of the amount you paid for Duamo, including in-app purchases and subscriptions, in the 12 months before the event that gave rise to the claim, and 100 US dollars.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or any other liability that cannot be limited or excluded under the law that applies to you.
If you are a consumer and live in the European Union, the European Economic Area, Switzerland, the United Kingdom or Brazil, this section does not apply to you: the section for consumers in those places does.
14. If you break these terms
If you break these terms or the law, or upload content you have no right to use, and someone makes a claim against us because of it, you will cover the reasonable losses and costs that this directly causes us. This does not apply to losses caused by our own fault.
15. Suspension and ending
You can stop using Duamo at any time, and delete your account in the app.
We may suspend or close your account and your access to our online services if you seriously or repeatedly break these terms, to prevent fraud or harm to others, or if the law or an authority requires it. We tell you before we act and why, unless the law, a risk of harm or the security of the app prevents it, and you can reply to contest our decision.
If we stop offering Duamo, we tell you at least 30 days before, in the app, and by email if we have your address.
If we close your access to something you paid for through no fault of yours, or stop offering Duamo, we refund the part you paid for and can no longer use.
The sections on warranties, liability, breaking these terms, and law and disputes continue to apply after this agreement ends.
16. Law and disputes
These terms are governed by the laws of the State of Wyoming and by applicable US federal law, without prejudice to the mandatory consumer protections of the place where you live.
If you have a problem with Duamo, please write to us first at support@iocodo.com. We will try to solve it within 30 days. This does not limit your right to go to court.
You can always bring a claim in the small claims court where you live, if your claim qualifies. Otherwise, you can bring it in the state or federal courts located in Wyoming, or in the courts where you live when the law of your place gives you that right. We will bring any claim against you in the courts where you live.
Nothing in these terms takes away a right you have under consumer protection law.
17. Consumers in the EU, the EEA, Switzerland, the UK and Brazil
If you are a consumer and live in the European Union, the European Economic Area, Switzerland, the United Kingdom or Brazil, this section applies to you and prevails over anything else in these terms.
Your law. The mandatory consumer protection rules of the country where you live apply to you, even though these terms are governed by Wyoming law. If you live in Switzerland, Swiss law governs these terms.
Your courts. You can bring a claim in the courts of the place where you live, and we will bring any claim against you only there.
Our liability. The sections Disclaimer of warranties and Limitation of liability do not apply to you. Instead, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or of our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or that is caused by events outside our reasonable control. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, for willful misconduct or gross negligence (in Italy, dolo o colpa grave), or any other liability that cannot be limited by law.
Your statutory rights. Your legal rights for digital content and digital services apply in full, and these terms do not limit them. In the United Kingdom, your statutory rights under the Consumer Rights Act 2015 are not affected, including your right to a repair or compensation if digital content we supply damages your device or other digital content because we did not use reasonable care and skill.
If you break these terms. The section with that title applies to you only as far as the law of your country allows, and only for loss that you caused by breaking these terms or the law.
Brazil. Nothing in these terms limits your rights under the Código de Defesa do Consumidor (Lei 8.078/1990). The clauses that limit rights are highlighted on this page, and you can bring a claim where you live.
18. General
If a court finds part of these terms invalid, the rest still applies.
If we do not enforce a right straight away, we can still enforce it later.
We may transfer this agreement to another company, for example if Duamo is sold, as long as your rights are not reduced, and we will tell you if that happens. You may not transfer your rights under these terms to someone else without our agreement.
If these terms exist in more than one language and the versions differ, the version more favourable to you applies.
19. Contact
IOCODO LLC
Postal address, also for legal notices: 30 N Gould St Ste N, Sheridan, WY 82801-6317, United States
Email: support@iocodo.com
Phone: +1 307 800 7271
Report criminal or illegal content: iocodo.com/report/
Version 1, effective .