This End User License Agreement (“Agreement”) and all of the terms and conditions herein applies
to
cloud-based services and/or products provided by Digital Documentation Pvt.Ltd., in Ahmedabad,
Gujarat, India based Private limited company (“Company”) and User (“User”).
PLEASE READ THIS AGREEMENT CAREFULLY
This Agreement is a legally binding agreement between Company and the user and contains important
terms and conditions relating to matters such as proprietary rights, imdemnities, and liability.
By
utilizing a paid subscription for services, user acknowledges that user has read, understands
and
agrees to all of the terms, conditions, obligations and governs User's use of the services.
Terms and Conditions
- Term.The term of this Agreement shall commence when the
Comapany
provides access to
the services and/or products. This Agreement shall be valid from one (1) one year there from
and
shall automatically renew until the agreement is expressively terminated in writing by the
User
and/or Company
- Company's Obligations. Company shall provide User with
access to
the Software and
User product. Company will be available during normal business hours for support on User
inquiries. Users will designate a primary contact to send and receive inquires.
- Registration.Company shall send user a registration code
within
seven (7) business
days after reception of valid order fomr and advance payment. this code enables user access
to the
cloud-based services.
- Basic Information Provided By User for a Paid Subscription.
In
order to provide
services to User, Company may collect from User and store in its cloud or other storage
system
basic information including, without limitation, User’s name, address, telephone number(s),
email
address(es), and information regarding the User or other products, equipment and/or systems
present in User premises (collectively, “Basic Information”). Company shall have the right
to use
Basic Information for any purpose related to Company’s internal business activities, and to
share
Basic Information with Company’s authorized third party dealers who may use such information
for
any internal purpose related to their respective business activities.
- Additional Information Provided By User for a Paid Subscription. Company may obtain User’s
valid
credit or debit card information.
- Name, etc. User permits Company to disclose User’s name and/or project information in a list
of
representative clients made available in Company’s marketing materials and website.
- Additional Information Company May Collect During A Paid Subscription. During a paid
subscription, Company may collect formation from User including without limitation
- device-specific information regarding User’s smartphone, tablet, computer or other
device(s) which are used to interact with a Company product or service
- information about which Company product(s) or service(s) User interacts with, and
User’s
navigation among such product(s) or services,
- the location of User’s device(s),
- system configuration and information about the individual components of User’s
system, and
- questions or inquiries with customer service or technical support (collectively,
“Services
Information”).
- Company shall have the right to store Services Information in its cloud or other storage
system
and to
- share Services Information (in a form in which a user is not identified) with its
authorized
third party dealers,
- perform data analyses for the purpose of improving Company’s products or Services or
developing new products or services.
- Termination
- Company shall have the right to dissolve the Agreement if User is in breach of any
of its
obligations under this Agreement. Company may provide User with written notice/
email of
default and may set a reasonable term in which the breach may be remedied. Company
shall never
be liable for damages due to termination.
- Upon termination of this Agreement, User shall cease any and all use of the services
and/or
products from the date of termination.
- Proprietary Rights. The materials displayed on or contained
within the site
including, without limitation, all site software, design, text, editorial materials,
informational
text, photographs, illustrations, games, artwork and other graphic materials, and names,
logos,
trademarks and service marks (the "Materials"), are the property of Company or its licensors
and
are protected by copyright, trademark and other intellectual property laws. Company’s name,
design
and related marks are trademarks of Company, all rights reserved. Company hereby grants User
a
personal, non-exclusive, non-assignable and non-transferable license to use and display the
Materials for noncommercial and personal use only. User agrees not to reproduce, modify,
create
derivative works from, display, perform, distribute, disseminate, broadcast or circulate any
Materials to any third party (including, without limitation, the display and distribution of
Materials via a third part website) without express prior written consent of Company. Use of
Materials is only permitted with the express written permission of Company and/or its
licensors.
- Privacy.
- Company collects User information in an effort to improve User’s online experience,
and to
communicate with User about Company’s products, services and promotions. Company
does not sell
or rent User’s personal information to third parties. Company does, however, share
User’s
information with third parties that provide services on Company’s behalf or with
whom Company
has partnered to offer a particular product or service.
- If Company privacy policy changes, Company shall post an updated version on
Company’s
website. The policy revision date will be posted at the top of the page. User may
exercise
User’s choices about how Company collects User information from time to time.
- Company may collect information — User voluntarily submits to Company, for example
but not
limited to:
- Identifying information such as User’s name and email address;
- Security information such as User’s username, password, and acceptance of
policies,
licenses and warranties;
- Contact information such as User’s company name, mailing address and phone
number;
- Billing information such as credit card, expiration date, billing address
and account
history;
- Queries to Customer Service and Technical Support;
- site behaviour such as pages visited, downloads/uploads, or searches
requested;
- Browser information such as browser version, IP address, and the presence of
various
plug-ins and tools.
- Company collects information from User when User voluntarily submit that information
to
Company, including, for example: registering on our websites, placing an order,
subscribing to
services, participating in one of our surveys, contests or promotions, attending a
company
seminar, training session or trade show booth, requesting literature, or contacting
Company
for technical or customer support.
- Company employs third party vendors, service providers and suppliers to perform
various
functions on our behalf. Third-party services may include, but are not limited to:
customer
information management; processing credit card or check card payments, analysing
data;
developing, hosting and maintaining our websites and databases. Company does not
authorize any
of these service providers to make any other use of User’s information or to contact
User
outside the context of these services.
- Company utilizes high security measures to protect the customer information it
collects.
- Company site may contain links to other sites. Company does not control the privacy
practices of those websites. Company shall not be responsible for the content and/or
practices
of any linked websites, and Company provides these links solely for the convenience
and
information.
- In the event of a security breach of Companies systems, Company agrees to notify
users via
their supplied email address as to the severity of the breach within 1 business day
of the
breach being identified.
- At the end of the user’s subscription, Company agrees to destroy all user specific
data by
means of overwrite a minimum of five (5) times. The user has the option for an
additional fee
of requesting that Company freeze their account and all user specific data therein
for an
agreed upon period. At the end of that freeze period, the user can for an additional
fee
extend the freeze, if the user chooses not to extend the freeze then all data will
be
destroyed in accordance with the Companies data retention policy.
- Company employs standard software logging capabilities for troubleshooting /
auditing
activities. Users may formally request access to log data for their own internal
auditing
activities, Company agrees to supply users with a copy of their activities for a
fixed period
(day, week). The data will be delivered in a standard PDF or comma separated format.
- Disclaimer of Warranties and Limitation of Liability.
- Warranties. User waives any and all claims it may
have
against Company arising
out of the performance or non-performance of the services and/or products. COMPANY
IS
PROVIDING, AND USER ACCEPTS, THE SERVICES AND/OR PRODUCTS “AS-IS” WITHOUT WARRANTY
OF ANY
KIND. COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR
PURPOSE. COMPANY DOES NOT WARRANT THAT USE, DISPLAY OR REPRODUCTION OF THE SERVICES,
PRODUCTS,
AND/OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ON THE INTELLECTUAL
PROPERTY OR
OTHER RIGHTS OF ANY THIRD PARTY.
- Data Accuracy: THE COMPANY PROVIDES DATA EXTRACTION
SERVICES
AS PART OF ITS
SOFTWARE APPLICATION; HENCE IT BECOMES ENTIRELY USER’S RESPONSIBILITY TO CHECK THE
DATA FOR
ITS ACCURACY BEFORE IT IS STORED AND THE COMPANY SHALL NOT BE LIABLE FOR ANY
INACCURATE DATA
BEING SAVED OR DAMAGES INCURRED DUE TO THAT. THE COMPANY PROVIDES ACCESS TO THIRD
PARTY
SOFTWARE(TPS) APPLICATIONS THROUGH INTERFACE, IF FOR ANY REASON THE TPS WITHDRAWS
ITS SUPPORT
FOR THE INTERFACE PROVIDED BY THE COMPANY, THEN THE LOSS/DAMAGES OCCURRED TO THE
USERS SHALL
BE THE USERS OWN AND THE COMPANY SHALL NOT BE LIABLE FOR ANY SUCH LOSS OR DAMAGES.
- Limitation of Liability: Company shall not be
responsible
for and/or liable to
User and/or any third party for any loss or damage caused by the services and/or
products or
by Company’s performance under this Agreement. COMPANY SHALL NOT BE LIABLE FOR ANY
DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR
TORT OR
ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF
THIS
AGREEMENT. USER AGREES THAT THESE LIMITATIONS ON WARRANTY AND LIABILITY ARE
REASONABLE AND
THAT COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT USER’S EXPRESS AGREEMENT AS
TO THE
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF COMPANY LIABILITY.
- Indemnity by User:
USER AGREES TO INDEMNIFY AND HOLD HARMLESS COMPANY FROM ALL LOSSES, DAMAGES,
LIABILITIES,
DEBTS, DEMANDS, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, CHARGES AND EXPENSES,
INCLUDING
LEGAL FEES AND ANY AMOUNT PAID TO SETTLE ANY ACTION OR TO SATISFY A JUDGMENT
(COLLECTIVELY,
“CLAIMS”), IN ANY WAY INCURRED BY OR MADE AGAINST COMPANY, WHICH RESULT FROM OR
RELATE TO (A)
ACCESS TO OR USE, BY USER OR PERMITTED BY USER, OF THE SERVICE OR USER ACCOUNT, OR
(B) ANY OF
USER ACTS OR OMISSIONS, INCLUDING BREACH OR NON-PERFORMANCE OF THIS AGREEMENT AND
ANY
VIOLATION OF THIRD PARTY RIGHTS.
Note: The rights and obligations of this
Section shall survive termination of this
Agreement.
- Prohibitions. In utilizing the services and/or products
provided
by Company, User
shall not, and shall not permit any person to directly or indirectly, unless otherwise
expressly
permitted by written agreement with Company:
- license, sublicense, sell, resell, publish, republish, transfer, assign, distribute,
rent,
lease, time-share, or otherwise commercially exploit the Service in any way;
- alter, modify, reverse engineer, decompile, or disassemble, translate or otherwise
attempt
to extract the source code from the Service or any part thereof;
- disable or circumvent any access control or related process or procedure established
with
respect to the Service;
- remove any copyright or other proprietary notices or labels on or in the Service or
any part
thereof;
- post, upload, reproduce, distribute or otherwise transmit unauthorized or
unsolicited
commercial e-mail, or other “spam” or any other duplicative or unsolicited messages.
- Dispute Resolution. All claims, disputes or controversies
(whether in contract or tort, or otherwise) arising out of or relating to:
- These terms and Condition of use;
- This site;
- Any advertisement or promotion relating to these terms and conditions of use or this
site;
- Transactions effectuated through this site, or
- The realtionship which results from these terms ands conditions of use (including
relationships with third parties who are not party to these terms and conditions of
use)
(collectively "Claims"), will be referred to and determined by binding arbitration
governed by
the Federal Arbitration Act or under other mutually agreed procedures.
- Changes to the Site.Changes may be made at any time to the
information, names,
text, images, pictures, logos trade-marks, products and services and any other material
displayed
on, offered through or contained on the site without notice to User. User shall be
responsible for
reviewing the website to obtain notice of such amendments and the latest version of this
Agreement. If any amendment is unacceptable to User, User may terminate this Agreement as
set out
in this Agreement. If User continues to use the service after the effective date of each
amendment, User shall be conclusively deemed to have accepted such amended version of this
Agreement.
- Entire Agreement.This Agreement contains the entire
understanding and agreement of
the parties relating to its subject matter. Any representation, promise or condition not
explicitly set forth in this Agreement shall not be binding on either party.
- Notice.Notices shall be in writing and sent via overnight
courier, confirmed
facsimile or confirmed electronic mail to Company at the contact addresses provided below.
- Governing Law. The parties agree that this Agreement is made
in
and will be
governed by law and jurisdiction of the Ahmedabad, Gujarat, India.
- Attorney’s Fees.Should Company employ counsel or incur any
costs in enforce any
rights arising out of or relating to this Agreement, it shall be entitled to recover such
reasonable costs and legal fees related to such enforcement.
- Acknowledgment.User hereby accepts the terms of this
Agreement
and acknowledges the
terms herein. By obtaining a paid subscription, User acknowledges that User has read,
understands
and agrees to all of the terms, conditions, obligations and limitations of this Agreement.
Copyright content on this site is provided by Digital Documentation Systems Pvt. Ltd. and may not
be reproduced without the express written permission of Digital Documentation Systems Pvt.
Ltd.'s
principal. Please email your request to: support@digitaldocsys.in
73833 05404