Terms Governing Access to DocsPilot
You may access or use DocsPilot, together with the related website through which it is made available (collectively the "Product”), only if you are at least eighteen (18) years of age and otherwise have the legal capacity to enter into a binding contract with us.
You may not access, use, or agree to this Agreement if the laws of the jurisdiction in which you reside or from which you access the Product prohibit you from receiving or using the services offered through the Product.
We may amend, restate, or otherwise modify this Agreement from time to time in our discretion. Any revised version may be posted within the Product and/or on our website, and we may require you to review and affirmatively accept the revised Agreement as a condition to continued use of the Product.
Depending on the nature of the changes, continued use may also require installation of the then-current version of the Product. Your continued access to or use of the Product after a revised Agreement becomes effective will constitute your acceptance of that revised Agreement.
If you do not agree to any revision, you must immediately discontinue use of the Product. If you fail to comply with this Agreement, we may, in our sole discretion, issue a warning, suspend your access, or terminate some or all of your rights to use the Product.
You agree that we may take any such action without prior notice, although we may elect to provide notice in a particular case. This Agreement applies to any download, installation, copying, access, or use of the Product. By downloading, installing, copying, accessing, or using the Product, you acknowledge that you have read and understood this Agreement and agree to be bound by it.
If you do not agree, you may not download, install, copy, access, or use the Product. References in this Agreement to "you" also include, where applicable, any corporation, partnership, organization, or other legal entity for which you act.
If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have authority to bind that entity. If you do not have that authority, you may not accept this Agreement or use the Product on that entity's behalf.
Privacy Notice
Any information collected through the Product, or otherwise in connection with the Product, will be collected, used, stored, and processed in accordance with our Privacy Notice, available at [email protected].
Any Personal Data, as defined in the Privacy Notice, that is collected through the Product will be governed by that Privacy Notice, and you should review it carefully to understand how we handle Personal Data.
Availability of the Product; Downtime; Discontinuation
To the fullest extent permitted by law, we will not be liable for any downtime, suspension, delay, or unavailability affecting the Product, and we may modify, suspend, withdraw, or discontinue the Product at any time in our sole discretion.
We do not guarantee that the Product will be continuously available or operate without interruption, latency, or error. Access to and performance of the Product may be affected by circumstances beyond our control or by dependencies outside our systems, including your network connection, firewall settings, internet service provider, access to the public internet, or electrical power.
We disclaim responsibility for any outage, disruption, degradation, interruption, or delay resulting from any such dependency or from any other cause outside our reasonable control, including pandemics, labor disputes, strikes, lockouts, shortages of energy, raw materials, or supplies, war, terrorism, riots, acts of God, governmental action or regulation, military activity, political interference, network or server failure, infrastructure malfunction, or shortages of labor, fuel, energy, or technological resources.
Proprietary Rights and Ownership of DocsPilot
As between you, on the one hand, and us, our affiliates, and our licensors, on the other hand, all right, title, and interest in and to the Product, and in and to all content, know-how, materials, and components made available through or used in connection with the Product - including all software, interfaces, designs, layouts, graphics, text, data, images, video, audio, music, files, and the selection and arrangement thereof (collectively, the "DocsPilot Materials") - are and shall remain vested in us, our affiliates, and/or our licensors.
The DocsPilot Materials are protected under applicable copyright, trademark, patent, trade dress, international treaty, and other intellectual property and proprietary rights laws.
Except for the limited rights expressly granted in this Agreement, no ownership right, license, or other interest in any DocsPilot Materials is granted or transferred to you.
Except with our express prior written consent, you may not, and may not allow or authorize any third party to, disassemble, reverse engineer, frame, create derivative works from, copy, reproduce, republish, scrape, download, display, post, transmit, distribute, transfer, rent, lease, sublicense, sell, modify, decompile, or otherwise exploit any DocsPilot Materials, in whole or in part, for any purpose other than the permitted use of the Product under this Agreement.
Any use, copying, or redistribution of DocsPilot Materials in violation of this Agreement is prohibited and may lead to termination of your access to the Product and to civil or criminal liability to the fullest extent permitted by law.
You are under no obligation to provide any ideas, feedback, or suggestions relating to the Product or any DocsPilot Materials. If you nevertheless choose to submit comments, proposals, recommendations, ideas, or suggestions concerning the correction, modification, improvement, or enhancement of the Product or any DocsPilot Materials, you hereby grant us a non-exclusive, irrevocable, worldwide, royalty-free license, with the right to sublicense, to use, disclose, reproduce, display, perform, modify, make, have made, use, sell, offer for sale, and otherwise exploit those submissions, and any products, services, or content incorporating them, in any manner and in any media, without compensation or acknowledgment.
License Grant; Scope of Permitted Use; Restrictions
You may not use the Product, or any intellectual property embodied in, contained in, incorporated into, or made available through the Product, in any manner that infringes our rights or the rights of our licensors.
Except as expressly permitted by this Agreement or by applicable law, you may not copy, reproduce, adapt, modify, publish, distribute, reverse engineer, recompile, create derivative works from, or otherwise exploit any software, application, utility, tool, file, or other intellectual property that is incorporated into, forms part of, derived from, or is used in connection with the Product, nor may you use the Product in any unauthorized way.
You acknowledge that the Product includes software, content, and other materials owned by us and/or our licensors and protected by copyright, trademark, and other applicable intellectual property laws.
Subject to your continued compliance with this Agreement, we grant you during the term of this Agreement a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and/or use the Product solely for your internal purposes.
For clarity, neither you nor any person acting for you may use the Product for any commercial purpose unless we have given specific prior written approval. The Product is licensed to you and not sold, and you receive no rights except those expressly set out in this Agreement. All rights not expressly granted are reserved by us.
Unless we specifically agree otherwise in writing, you may not reproduce the Product or make the Product, any portion of it, or access to it available to any third party.
Without limiting any other restriction in this Agreement, and absent our prior written consent, you may not sublicense, auction, trade, gift, bequeath, assign, rent, lease, lend, sell, or otherwise transfer the Product, whether for consideration or free of charge.
You may not use the Product for any unlawful purpose or in violation of any applicable law or regulation. You must access and use the Product only through methods that we provide or expressly authorize, and you may not create, enable, or distribute any means by which another person may access the Product.
You must not attempt to obtain unauthorized access to the Product or to any related computer, server, or network, including by bypassing, disabling, impairing, manipulating, or altering any security or technical control, device, or software.
You must also avoid any activity that imposes an unreasonable or disproportionately large burden on our systems or infrastructure. We may from time to time, in our sole discretion, modify, improve, expand, reduce, or otherwise update the Product.
Unless a particular update is accompanied by a separate license, any such update will remain subject to this Agreement. You acknowledge that updates may change the features, functionality, or operation of the Product and may affect the way in which you access or use it.
We are under no obligation to provide maintenance, support, or any other assistance in connection with the Product.
User Conduct Restrictions
You may not use the Product in bad faith or for the purpose of defrauding us or any other user, and you may not attempt to do so. If we determine, in our sole discretion, that you have acted in bad faith, breached this Agreement, or engaged in conduct falling below reasonable standards of use, we may terminate this Agreement and suspend, block, or otherwise restrict your use of the Product.
Without limiting the foregoing, you agree that you will not:
- engage in fraud involving payment methods or advertiser tracking mechanisms.
- make any statement about us, or any representation concerning us, without our prior written approval.
- upload, post, send, transmit, or otherwise make available any content that a reasonable person would consider vulgar, indecent, obscene, pornographic, sexual, offensive, or otherwise objectionable.
- defame, ridicule, mock, stalk, intimidate, threaten, harass, bully, discriminate against, or otherwise abuse any person, including in a hateful, racial, ethnic, or similarly abusive manner.
- use, upload, transmit, distribute, or otherwise make available through the Product any information or material in a manner that infringes any contractual, personal, intellectual property, or other right of any person or entity, including any copyright, trademark, patent, trade secret, privacy, or publicity right.
- interfere with, hack, intrude upon, gain unauthorized access to, or attempt to decipher any communication to or from any server or system connected with the Product.
- violate any applicable law or regulation, or encourage, facilitate, or promote unlawful conduct, including copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking, or distribution of counterfeit software.
- copy, rent, lease, sell, assign, transfer, sublicense, disassemble, reverse engineer, decompile, alter, or modify any portion of the Product.
- upload, send, post, transmit, or otherwise distribute any virus, Trojan horse, worm, time bomb, cancelbot, corrupted file or data, or other code, software, or program that may harm, disrupt, or impair the Product or the devices or systems of other users.
Disclaimers; Limitation of Liability; Indemnity
YOUR USE OF THE PRODUCT IS SOLELY AT YOUR OWN RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS.
Without limiting the foregoing, we do not warrant that the Product will satisfy your requirements, be continuously available, operate without interruption, be secure, be error-free, be free from viruses, or that defects will be corrected.
We do not make any representation or warranty regarding the use of the Product, or any output or result generated through its use, including as to correctness, accuracy, quality, reliability, or fitness for any specific task or purpose.
No oral or written information or advice given by us or any authorized representative will create any warranty or expand the warranties expressly disclaimed in this Agreement.
You assume full responsibility for, and all risk associated with, your use of the Product. We do not represent or warrant that our security measures will prevent unauthorized access to or loss of your data, and we disclaim responsibility for transmission errors, corruption, or the security of information transmitted over telecommunications lines.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCT OR ANY MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT, OUR AGGREGATE LIABILITY FOR ALL SUCH DAMAGES SHALL NOT EXCEED US $150.
No ownership rights in the DocsPilot Materials, or in any derivative work based on them, pass to you by virtue of your use of the Product or your access to the DocsPilot Materials.
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective directors, officers, contractors, partners, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to any of the following: (i) your breach of this Agreement; (ii) any infringement by us of, or other violation by us of, any third-party right, including any copyright, property, or privacy right; (iii) your access to or use of the Product; and (iv) any access to or use of the Product by a person acting on your behalf; Some jurisdictions do not permit limitations on implied warranties or the exclusion or limitation of certain damages.
If those laws apply to you, the disclaimers, exclusions, and limitations set out above will apply only to the maximum extent permitted by applicable law.
Consent to Electronic Notices
You consent to receive notices and other communications from us electronically, including through the Product and/or through any other applicable contact details.
We may also provide notice of changes to this Agreement, or other matters, by posting notices or links to notices generally within the Product. You agree that any agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Any notice sent by us by e-mail will be deemed adequate and effective upon sending, regardless of whether you open, read, or actually receive it.
Suspension, Termination, and Additional Remedies
We may, at any time, with immediate effect, for any duration, and without prior notice, suspend your access to the Product, terminate your access to the Product, and/or terminate this Agreement in our sole discretion, including if you breach this Agreement or any applicable terms of service, if we determine in our sole discretion that you have intentionally infringed a third party's intellectual property rights, if we cannot verify or authenticate information you have provided to us, or if you engage in conduct that we regard as abusive, inappropriate, or contrary to the intended use or spirit of the Product.
In any such case, we may either issue a warning or immediately suspend or terminate some or all of your access to the Product. We have no obligation to give advance notice before suspending or terminating your access to the Product, although we may choose to do so in our discretion.
Notwithstanding anything to the contrary in this Agreement, if the Product or your access to it is suspended, terminated, or cancelled for any of the reasons set out above, whether temporarily or permanently, or if we terminate this Agreement in those circumstances, your access to the Product may cease immediately.
We also reserve the right to pursue any other remedies available to us under applicable law.
Miscellaneous
You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Product shall be subject to the personal and exclusive jurisdiction of the courts of Israel, as well as any other court of competent jurisdiction that we may designate.
This Agreement and any such dispute, claim, or controversy shall be governed by and construed in accordance with the laws of Israel, without giving effect to any conflict of laws rule that would require the application of the laws of another jurisdiction.
Any dispute or claim must be brought only before a court of competent jurisdiction in Israel and not before any other court. You expressly consent to the jurisdiction and venue of the courts in Tel-Aviv, Israel, and waive any objection based on personal jurisdiction or forum non conveniens.
If any dispute arises out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, the parties are strongly encouraged first to seek resolution through our customer support channels.
Our failure or delay in exercising any right or enforcing any provision under this Agreement will not constitute a waiver of that right or provision, or of any other right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
To the fullest extent permitted by applicable law, and notwithstanding any contrary statute or rule of law, any claim or cause of action arising out of or relating to the Product must be commenced no later than one (1) year after the claim or cause of action accrues, after which it will be permanently barred.
This Agreement is the complete and exclusive agreement between you and us regarding its subject matter and supersedes all prior and contemporaneous proposals, negotiations, discussions, communications, understandings, and agreements, whether oral or written, relating to that subject matter.
Questions regarding this Agreement or the Product may be directed to us at: [email protected]