PLEASE READ OUR TERMS OF SERVICE CAREFULLY. IT IS A LEGAL DOCUMENT, SO THE VERBIAGE IS UNAVOIDABLY IN LEGALESE. WE HAVE TRIED TO MAKE IT AS CLEAR AND READABLE AS POSSIBLE.
THESE TERMS ARE IMPORTANT TO US. BECAUSE OF THAT, WE WILL NOT PROVIDE OUR SERVICES TO YOU UNLESS YOU AGREE TO ALL OF THEM.
YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. WE DO NOT PROVIDE THESE SERVICES TO CHILDREN UNDER 16 YEARS OF AGE. IF YOU USE THE SERVICES FOR AN ORGANIZATION, YOU AGREE TO THE TERMS ON BEHALF OF THAT ORGANIZATION, AND REPRESENT AND WARRANT THAT YOU ARE LEGALLY COMPETENT TO DO SO.
Last Revised: June 13, 2018
WHAT THE TERMS COVER
These Terms of Service (the Terms, the Contract) are a contract between you (the Customer) and us (Docsify). The terms cover your use of our website, products, services (collectively, the “Services”), your rights and your responsibilities to us, as well as our rights and our responsibilities to you.
BASIS OF USE
You will only use the Services in a manner that complies with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to you. If your use of the Services is prohibited by applicable laws, then you will not use the Services.
You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with or transferred to any other individual. You must immediately notify us by email at email@example.com of any suspected or actual unauthorized or fraudulent use of your Account or any other breach of security.
You will install a product, a full version of which is valid during a period of fourteen (14) days. Further, we grant you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) for a version chosen by you to access and use our Services subject to the limitations set in these Terms, any relevant purchase order or chosen Pricing Plan related to our Services, and any and all other terms and policies set forth in our Services.
You acknowledge that the source code for our Services and other trade secrets embodied in our Services have not been and will not be licensed or otherwise disclosed by you.
All content provided on this website is owned by us or licensed to us (the “Content”) and is protected by international copyright laws. We and our licensors retain all proprietary rights. You will not reproduce, transmit, display or distribute the Content without our prior written consent.
You acknowledge and agree that we own all rights, title and interest in and to our Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto). You agree not to take any action(s) inconsistent with such ownership interests. You will not frame or utilize framing techniques to enclose any trademark, logo or other our proprietary information (including images, text, page layout, and form) without our express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the license granted by us.
Any and all (a) suggestions for correction, change and modification to our Services, evaluation data, evaluations and other feedback (including quotations of written or oral feedback, information and reports provided to us by you [collectively, “Reaction”]), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to our Services (collectively, “Change Requests”), are and will remain our property. You acknowledge and expressly agree that any contribution of Reaction or Change Requests does not and will not give or grant you any right, title or interest in our Services or in any such Reaction or Change Requests. All Reaction and Change Requests become our sole and exclusive property. We may use and disclose Reaction and Change Requests in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Reaction and Change Requests. We have the right to copy, use, distribute, and display any information, analysis, statistics and other data generated by our Services (or derived from your use of our Services), including compilation of aggregated statistics about our Services; provided, however, that we will not publicly disclose or distribute any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with you.
You agree that you will not do any of the following while using or accessing the Services:
YOU AGREE NOT TO USE THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION.
We may terminate your right to use or access the Services due to violation of any of the foregoing without prior notice and at our sole discretion.
We will maintain commercially reasonable administrative, physical and technical measures to protect the security, confidentiality and integrity of information that you provide to or through our Services. However, we are not responsible for any content sent by you by means of our Services.
We reserve the right to improve, enhance or modify our Services. We will notify you in advance of changes to our Services that may significantly adversely affect the way you use our Services or the manner in which our Services perform.
Third Parties. We are not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use our Services (collectively, “Other Services”). You access Other Services entirely at your own risk and you are responsible for complying with terms and conditions applicable to your access and use of other services.
Availability. We use commercially reasonable efforts to make our Services available to you 24 hours per day, seven (7) calendar days per week, excluding scheduled maintenance time, unavailability caused by you or any hardware, software or service not provided by us, emergency maintenance and/or any cause beyond our reasonable control (including without limitation wars, natural disasters, civil disturbances, terrorist acts, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunication or other utility outages or failures).
You may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms do not give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
In connection with Your Content, you further agree that you will not: (i) submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. We do not endorse any content or any opinion, recommendation, or advice expressed in it, and we expressly disclaim any and all liability in connection with any Content.
You agree to pay all applicable fees and costs at the rates as described at www.docsify.net for any of our Services purchased by you. We reserve the right to change the rates upon thirty (30) calendar days’ advance notice placed on the website.
Once we receive your payment, we send you an invoice. Provided you send us a request for a refund, we may refund your payment within fourteen (14) calendar days after the payment is received. After the expiration of this period, the payment will not be returned. To apply for a refund, please, contact us at firstname.lastname@example.org. You agree that if any legal action is required to enforce our right to payment of any fees, costs or any other amounts due for any purchased products, you will be responsible to pay all costs incurred by us, including reasonable attorney’s fees, arising from any such action or any appeal of such action.
We do not store, process or transmit any of your credit card data but rely entirely on third parties to handle these functions. You must comply with such third party’s terms as made available to you. Payments due for our Service may be subject to the Wirecard Services Agreement. If you do not agree to Wirecard’s terms, then please do not sign up for our Service.
Once your trial period has expired, you may opt for one of our Pricing Plans or use our free version. If you choose one of our pricing versions, your Service will not be activated until your first payment is received. Payments are due annually or monthly in advance. Annual or monthly fees are automatically charged to the credit card that you provide.
To ensure uninterrupted service, we will automatically bill you from the date you submit your initial payment and on each renewal period after that until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you are on a monthly subscription plan, each billable renewal period will be for one month. We will automatically charge you the applicable amount using the payment method you have on file with us. You cannot disable auto-renewal, though you can disable a Pricing Plan.
You are responsible for the payment of any taxes (including any sales, use or withholding taxes) imposed on or in connection with these Terms or our Services by any authority.
WARRANTIES AND REPRESENTATIONS
We warrant that we have validly entered into these Terms and have the legal power to do so.
You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with our Services.
We by means of these Terms of Service disclaim all representations and warranties of any kind (whether express or implied), including, without limitation, any warranties of merchantability, fitness for a particular purpose, satisfaction of your requirements, arising out of a course of performance, dealing or trade usage, data accuracy, system access, integration or informational content, or of freedom from non-infringement, error, interruption, virus or other disabling occurrence.
In no event, including negligence, shall we or any of our directors, managers, officers, employees, agents, contractors or other representatives BE LIABLE (jointly or severally) for any damages of any kind arising from your access or use of the site or from any information, content, materials, products, services, reports or submissions included on or otherwise made available to you through the website, including, but not limited to direct, indirect, special, incidental, punitive, exemplary or consequential damages of any kind, including, without limitation, lost profits, lost revenues or loss of business, even if we have been advised of the possibility of such damages and notwithstanding the failure of the essential purpose of any limited remedy, or for any claim against you by any other party.
The limitations, exclusions, and disclaimers in this section and elsewhere in these Terms apply to the maximum extent permitted by applicable law.
CHANGES TO THE TERMS
From time to time we may make changes to these Terms. The changes become effective immediately upon your first access to or use of our Services after the “Last Revised” date at the top of this page. We will notify you in advance of changes to our Services that may significantly adversely affect the way you use our Services or how our Services perform. Your continued access or use of our Services after the changes become effective is deemed to be your acceptance of the changed Terms. If you are not willing to use our Services due to changes, contact us at email@example.com.
We may immediately terminate or suspend your access to the Services and remove any material (including Your Content) from the Services or our servers, in the event of your breach of these Terms or Data Processing Agreement, at our sole discretion and without prior notice to you.
We also reserve the right to terminate the Services or your access to them at any time and for any reason. After such termination, you understand and acknowledge that we will have no further obligation to provide the Services to you. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Your Content) that you have submitted to the Services may no longer be accessed by you.
Additionally, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party, and in fact, we will remove all Your Content and any other information related to your Account from our servers.
You may terminate your Account at any time and for any reason by sending us a written notice. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within thirty (30) calendar days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under these Terms (including ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You agree that a breach or a threatened breach of these Terms will cause injury to us for which money damages will not provide an adequate remedy and we will be entitled to seek equitable relief in addition to any remedies we may have under these Terms of Service or at law without a bond, other security or proof of damages.
Governing Law. These Terms are governed by Estonian law, without regard to its conflicts of law principles. If a court of competent jurisdiction finds that any provision of any section of these Terms is illegal, unenforceable or invalid in any respect, then such provision will be ineffective to the extent of such finding without affecting the enforceability or validity of the section in which such provision is found, or any other section of these Terms.
Entire Contract. Unless otherwise stated in this document, these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior statements or agreements, both written and oral.
Changes to Services. We may change the features and functionality of or access to all or any part of the website or the related Services from time to time, with or without notice.
Publicity. You grant us the right to add your name and company logo to our customer list and website.
Contacts. Should you have any questions about these Terms, do not hesitate to contact us at firstname.lastname@example.org.