Terms & Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Docupilot, Inc. ("Docupilot, Inc.", "us", "we" or "our") and you ("you" or "your"). This Agreement sets forth the general terms and conditions of your use of the https://docupilot.app website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including Service Data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Docupilot, Inc. with respect to such other services. Docupilot, Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Docupilot, Inc. to disclose Service Data as necessary to facilitate the use or enablement of such other services.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. If we fail to maintain this service uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit off your Service fee for that month. The credit may be used only for the purchase of further products and services from us and is exclusive of any applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of the Service Data. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all the Service Data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Docupilot, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Docupilot, Inc. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Docupilot, Inc. or Docupilot, Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Docupilot, Inc. or third-party trademarks.

You own the rights to Service Data. We do not claim ownership over the Service Data and we shall have a right and royalty-free license to process the Service Data only for the purpose of providing, supporting, operating, maintaining and improving the Services. “Service Data” shall mean all electronic data, text, messages or other materials including Personal Data pertaining to you, your Users or any other person or entity other than you or Users (“End-Users”) transmitted by you or provided or obtained on your behalf for the purpose of providing the Services.

Confidentiality Obligation

Except as otherwise expressly permitted pursuant to this Agreement, either party may use each other’s Confidential Information solely to perform its respective obligations under this Agreement and shall disclose such Confidential Information solely to those of its respective employees, representatives, and agents on a need-to-know basis. “Confidential Information” shall mean all information disclosed by either party to each other which is in tangible form and labelled “confidential” or which a reasonable person would understand to be confidential. For the purpose of this Agreement, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally  available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c)  is already in the possession of the receiving party at the time of disclosure by the disclosing party; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.

Data Protection and Privacy

You understand and acknowledge that in connection with the use of the Services, Docupilot, Inc., processes any Personal Data of the designated users, including an administrator or agents (“Users”) for creation of account and authentication into the Service, respond to support requests or to send them promotional communication about the Service(s) in accordance with our Privacy Policy. “Personal Data” shall mean the data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. 

Except for the foregoing, you acknowledge that, in connection with the use of the Services, we process the Personal Data that forms a part of Service Data only on your behalf as a data processor for the purposes of providing, supporting, maintaining and improving the Services. Where we process Personal Data forming part of Service Data that originates from the European Economic Area (EEA), United Kingdom (UK) and/or Switzerland, the Data Processing Agreement shall apply to such processing, in addition to these Terms.

We shall use appropriate technical and organizational measures to protect Service Data. The measures used are designed to provide a level of security appropriate to the risk of processing Service Data. 

We shall notify you of any Personal Data breach without undue delay from when we become aware of the breach. The notification shall contain a description of the breach, the repercussions, and the measures taken to mitigate the adverse effects of the breach.

You acknowledge and agree that we may access or disclose information about you, your account, Users including Service Data in order to (a) comply with the law or respond to lawful requests or legal process; or (b) enforce our rights under these Terms or in defense of legal claims.

We shall ensure that any person we authorize to process Service Data shall protect Service Data in accordance with our confidentiality obligations under the Terms. We shall be liable for the acts and omissions of such person in connection with these Terms.

We shall provide timely and reasonable assistance to you (i) in responding to any request from a data subject (including rights of access, correction, objection, erasure and data portability, as applicable), (ii) in responding to any correspondence, enquiry or audit by a data protection authority, (iii) to comply with your obligations under applicable data protection laws, and (iv) in conducting data protection impact assessment.

We shall make available to you, third-party certifications to ascertain our compliance with this clause and applicable data protection laws.

We shall not (a) sell  the Personal Data forming a part of Service Data, (b) retain, use or disclose Personal Data we collect from you pursuant to these Terms for any purpose other than providing the Service(s) as specified in these Terms or as permitted under applicable data protection laws, or (c) combine the Personal Data forming a part of Service Data with Personal Data that is received from any other person except as permitted under applicable data protection laws. 

You agree and acknowledge that, during the term of the subscription plan, we shall have the right to collect data (only aggregated and anonymized) regarding your use of the Service for the purpose of providing, maintaining and updating the Service.

Any Personal Data that is part of data used to generate a particular document in a workspace (“Transaction Data”) will be deleted within twenty-four (24) hours of receiving such Transaction Data. However, you can customize the option to retain the Transaction Data for thirty (30) minutes or extend the Transaction Data retention for a period up to three (3) calendar days where you have subscribed to certain subscription plans. 

When you actively terminate a workspace, we will immediately delete any Personal Data forming a part of the Service Data including the Transaction Data (other than user account information). Additionally, when a User deletes their account, their user account information is deleted. In any other case of termination or expiration of a workspace, we will retain the Service Data (other than user account information) for six (6) months from the effective date of termination or expiration of the workspace (“Data Retention Period”), within which the workspace may be re-activated or re-instated by the parties. Beyond the Data Retention Period, we will delete all the Service Data in our possession.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Docupilot, Inc., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Docupilot, Inc. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Docupilot, Inc. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Docupilot, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Docupilot, Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us via email privacy@docupilot.com

This document was last updated on November 13, 2024