Terms & Conditions
These Terms of Use (“Terms”) apply to your (“you” or “your”) use of Dorja’s digital marketing and travel consultancy (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the Contracting Entity identified in these Terms (“Dorja Ltd”).
At Dorja, we like to Make Complex Things Simple! You’ll find simple explanations of our Terms in these boxes, but keep in mind only the Terms outside these boxes are legally binding.
- Overview
- Using Dorja.Dorja is a digital marketing agency that empowers people and businesses to create and collaborate on virtually anything, from websites and social media accounts to posters and presentations, to printing services (each a “Design”). When you use the Service, you’ll have access to a variety of content provided by Dorja and other content providers to use in your designs (“Licensed Content”).
The Service is made available on Dorjaltd.com, Dorja mobile apps, Dorja desktop applications, and in other forms provided or made available by Dorja. Your use of the Service is subject to these Terms. By using the Service, you acknowledge and agree to Dorja’s Privacy Policy.
You may use the Service only if you can form a binding contract with Dorja and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
- Signing up with a managed email address.If you sign up for the Service using an email address associated with your employer or another organization (“Admin Entity”), (i) you represent and warrant that you have the authority to bind the Admin Entity to these Terms; (ii) your use of the Service will bind your employer or the organization to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and the Admin Entity. The Dorja account you create using an email address associated with an Admin Entity will be an “Administered Account”.
If you’ve signed up for the Service using an Administered Account, at the Admin Entity’s request, Dorja may:
- share your email address, name and account information with your Admin Entity; and
- transfer control of the Administered Account to the Admin Entity.
If your Administered Account is transferred, the Admin Entity’s admin will be able to access, transfer and control your Administered Account and all content and designs associated with it, as well as:
- make changes to the Administered Account and billing settings and privacy preferences;
- make changes to the folder permissions; and
- delete the Administered Account.
- Dorja Teams.Our Dorja Teams plan is intended for teams, businesses and organizations of all sizes who want to work and design together. If you create a Team on behalf of an organization or employer, you are binding them to these Terms and all the obligations set out in them. If they haven’t authorized you to do this, you’ll need someone who is authorized to create the Team.
- Using the Service
- Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 16 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located). There are legal restrictions on making certain services available to children.
- Access to the Service.Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Dorja reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.
- Acceptable Use Policy.Your use of the Service, your User Content, and your Designs, must comply with Dorja’s Acceptable Use Policy. If you fail to comply with any provision of Dorja’s Acceptable Use Policy, Dorja may delete the violating User Content and/or Designs or suspend or terminate your contract with immediate effect.
- Anti-discrimination.Dorja does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
- Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
- Security and Data Privacy
- Information Security. Dorja implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.
- Data Privacy.Dorja’s Privacy Policy applies to the personal data that Dorja collects, uses, transfers, discloses and stores about your use of the Service and User Content.
- Content and Designs
- User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Dorja, you own all right, title and interest in and to your User Content. You grant Dorja a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in a Design that you’ve shared with others, you grant Dorja a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that Design available.
You agree that if you opt-in to do so via the privacy settings, Dorja, its affiliates, and its third-party service providers that enable functionality within the Service may use your User Content to develop, improve, and provide the AI products and services, including using machine learning technologies.
- Licensed Content. You may use Licensed Content in connection with the Service. The applicable license rights and restrictions vary depending on the type and source of the Licensed Content.
We make a variety of content available for you to use. Certain restrictions apply to how you can use that content and what you can do with the designs you include that content in. The restrictions vary based on the type and source of the content.
- Designs. Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Designs containing Licensed Content are subject to the applicable terms of the Content Licence Agreement.
- Sharing and Publishing Your Designs. You may publish or share Designs with others within the Service, via a Third-Party Service, or via a link. Dorja maintains no responsibility in relation to such sharing of Designs and Dorja enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of Dorja’s obligations under these Terms.
There are several ways to share your designs with the world. You’re responsible for who you share them with and how you do it.
- Printing your Designs. Print orders are subject to additional fees and taxes as specified when you place a print order. Print orders may be affected by circumstances outside of Dorja’s control. Delivery times are only estimates which Dorja cannot guarantee. If you have an issue with a print order, reach out to our support team Unfortunately, we’re unable to provide refunds for errors made by you or if you just change your mind about a print order.
You can bring your designs to life on everything from greeting cards and t-shirts to coffee mugs and journals. Printing is done and can be delivered to you or picked up at a partner’s location (where available).
- Using Dorjato create a website
You can use the Service to design and publish a website. You can purchase an unlimited number of domains and can sometimes connect some of your own existing domains.
- Purchasing a Domain Name Through Dorja. When you purchase, renew or transfer a domain name through Dorja, Dorja Ltd acts as a reseller for domain name registration services through our third-party registrar. If you purchase a domain name through Dorja, you agree to and are subject to Dorja’s contractual terms.
Your use of our domain services is subject to the policies of Internet Corporation for Assigned Names and Numbers. You agree to comply with ICANN’s requirements, standards, policies, procedures and practices. Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found online. You can learn more about domain name registration in general online.
You agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (i) all information provided to Dorja is true, complete and correct and is not misleading in any way and the application is made in good faith; and (ii) you have not previously submitted an application for the domain name and been rejected.
You must provide Dorja with such cooperation and support as Dorja may reasonably request to provide the Service as it relates to your Dorja Site, including by (i) responding promptly to Dorja’s communications; (ii) providing accurate and prompt responses to our requests for any information or documentation reasonably required, including to meet ICANN’s verification requirements; (iii) agreeing to your information being shared with ICANN; and (iv) obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of your proposed domain name.
Registration of a domain name does not create a proprietary right and shall not be construed as evidence of ownership. The registration can be subsequently challenged by third parties or cancelled if any of the above warranties are found to be untrue, incomplete, incorrect or misleading.
You are responsible for renewing your domain name. Dorja will not be liable for a domain name being unavailable or cancelled for any reason.
You must not present a misleading endorsement or affiliation with Dorja on a Dorja Site, including (but not limited to), by attempting to register a domain name or subdomain name that includes the word ‘DORJA’ or any other Dorja brand or trademark of Dorja or its affiliates. Dorja may include or require certain terms to be included on a Dorja Site at any time for any reason.
You can purchase a domain from us via a third party or bring your own domain name. There are rules that apply to everyone’s use of domain services and certain responsibilities you have in relation to your domain.
- Use of AI Products
You may use AI-powered apps such as (Magic Studio™), including, but not limited to, Magic Media™(opens in a new tab or window), Magic Write™(opens in a new tab or window), Magic Edit(opens in a new tab or window), Magic Design(opens in a new tab or window)™, Magic Switch™, Magic Grab™, Magic Morph™, Magic Expand™, Magic Eraser, Magic Animate™, Background Remover and Translate and other AI-powered functionality Dorja may make available on the Service from time to time (collectively, “AI Products”). Your use of AI Products is subject to additional obligations and restrictions.
- Billing
Dorja offers a paid Service. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
- Billing of Services. If you cancel your service instruction, you will not receive a refund or credit for any amounts that have already been billed.
- Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Dorja, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
- Cancellation. You can stop using the Service and/or cancel your subscription at any time. If you cancel your subscription, you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.
- Changes to Pricing. Dorja reserves the right to change its prices at any time.
- Billing Communications. You agree that Dorja may contact you at any time by email, push notifications, or other method with information relevant to your billing, and use of the Service.
- Dorja’s Intellectual Property
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Dorja and its licensors. You assign to Dorja any suggestions, ideas, enhancement requests, or other feedback you provide to Dorja relating to the Service or Dorja’s products. Dorja owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
We get great ideas about how to improve Dorja from our users. If you share feedback or ideas with us, you’re letting us use that information to improve Dorja, and we own any of those improvements we make.
- Warranty Disclaimer.
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Dorja, its licensors, and its suppliers, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Dorja does not warrant that your use of the Service will be uninterrupted or error-free. Dorja does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Dorja does not own, operate, or control, and that Dorja is not responsible for any of your data lost, altered, intercepted or stored across such networks. Dorja will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Dorja’s reasonable control.
We offer the Service as-is and can’t be responsible for things outside of our control.
- Third Party Services.
You may elect to use the Service in conjunction with third-party websites, platforms or apps (including, but not limited to, those available at dorjaltd.com/apps) (“Third Party Service(s)”). Your use of a Third-Party Service is subject to the terms and conditions applicable to that Third Party Service. Dorja makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third-Party Services.
Within Dorja, you can use apps created by third parties. Those apps might have their own set of terms that apply to you and because the apps were created by third parties, we can’t be responsible for them.
- Your Indemnity Obligations
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Dorja and its affiliates, officers, directors, agents, licensors and employees from and against all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
If Dorja suffers harm due to your content or your violation of these Terms, or if someone tries to hold Dorja responsible for your content or your violations, you’ll be responsible for any costs incurred by Dorja and defending Dorja.
- Limitation of Liability
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the fees paid by you to Dorja during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
Dorja is not responsible for, and assumes no liability for, the contents of User Content. These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or wilful misconduct.
- Term and Termination
- Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until your account is deleted or terminated.
- Violations. If Dorja, in its reasonable discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, Dorja’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Dorja may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.
If you break the rules, we have the right to remove you and everything in your account from the Service.
- Effect of Termination. In the event of termination of your subscription for cause due to default by Dorja, Dorja shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Design will continue to available within that Design even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any Dorja Service unless you receive Dorja’s written permission.
- Survival of Terms. Sections titled “Term and Termination,” “Billing,” “Dorja’s Intellectual Property,” “Limitation of Liability,” “Indemnification, “and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.
- Miscellaneous
- Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Dorja agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
- Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of Ghana, without regard to any conflict of law’s provisions.
- Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Dorja from providing you the Service or require that we discontinue making it available to you without notice. By using the Service, you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
- Dispute Resolution. If you have a dispute arising out of these Terms, contact us by emailing [email protected] first and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute directly, you and Dorja each agree to resolve any claim, dispute, or controversy (excluding any Dorja claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Service (collectively, “Claims”), by binding arbitration, except as provided herein. The arbitration will be conducted through video conferencing or at an agreed location reasonably convenient to both parties. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Dorja are each waiving the right to a trial by jury or to participate in a class action. You and Dorja each agree that any Claim filed with a court in Ghana or the United Kingdom for any reason shall be filed in the local appropriate court.
- Dorja Contracting Entity. The Dorja entity contracting with you under these Terms and the address to which you should send legal notices depend on where your billing address. Please contact us for these details.
- Purchasing through a Reseller. If You purchase the Service through an authorized distributor or reseller (“Reseller”) these Terms apply to your use of the Service unless you have entered into a separate agreement with Dorja for such use. Billing will be managed by the Reseller; therefore Section 7 (Billing) does not apply. Resellers are not authorized to make any representations or commitments on Dorja’s behalf and, unless otherwise agreed via a mutually executed agreement between You and Dorja, Dorja is not bound to any obligations other than those set forth in these Terms.
- Assignment. You may not assign these Terms or any of your rights under these Terms without Dorja’s consent except to any successor by way of a merger, acquisition, or change of control. Dorja may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
- Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
- Severability.If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
- Waiver. Dorja’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Dorja’s ability to enforce any provision thereafter.
- Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
- DMCA. We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
- Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on Dorjaltd.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
- Changes to the Service. Dorja may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Dorja discontinues the Service you are using during your subscription, Dorja will migrate or make available to you a substantially similar service provided by Dorja (if available) and if it’s unable to do so, Dorja will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
- Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and Dorja with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Dorja, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.