Terms of Service
Last updated: March 13, 2026
1. Acceptance of Terms
By accessing, browsing, or using the Doc Custodian platform, including any associated websites, applications, application programming interfaces, features, content, functionality, or services (collectively, the "Service"), operated by Doc Custodian ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, Data Protection Policy, and Security Policy, each of which is incorporated herein by reference. If you do not agree to all of these Terms in their entirety, you are not authorized to use the Service and must immediately cease all access to and use of the Service. These Terms constitute a legally binding agreement between you and Doc Custodian.
These Terms apply to all visitors, users, subscribers, workspace administrators, workspace members, and any other persons who access or use the Service in any capacity (collectively, "Users" or "you"). By using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include that organization. We reserve the right to modify, amend, supplement, or replace these Terms at any time, in our sole and absolute discretion, without prior notice. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of such changes.
2. Definitions and Interpretation
For the purposes of these Terms, the following definitions shall apply unless the context requires otherwise:
- "Service" means the Doc Custodian platform and all related websites, applications, tools, features, and functionality made available by the Company, whether accessed through a web browser, mobile device, API, or any other means.
- "User Content" means any documents, files, data, images, text, information, or other materials that you upload, submit, store, transmit, or otherwise make available through the Service.
- "Workspace" means the organizational unit created by a User within the Service for the purpose of managing User Content, team members, and subscription settings.
- "Subscription" means a paid plan that grants you access to certain features and functionality of the Service for a specified billing period.
- "Confidential Information" means any non-public information disclosed by either party to the other in connection with the Service, including but not limited to business plans, technical data, financial information, and trade secrets.
In these Terms, unless the context otherwise requires: (a) words in the singular include the plural and vice versa; (b) a reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision; (c) headings are for convenience only and shall not affect the interpretation of these Terms; and (d) the words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."
3. Description of Service
Doc Custodian is a cloud-based document management platform that provides Users with tools and functionality for, including but not limited to, document storage, document organization, document retrieval, document extraction and conversion, artificial intelligence-powered document analysis and summarization, digital signature workflows, team collaboration with role-based access controls, activity logging, and audit trail functionality. The specific features, functionality, storage capacity, and capabilities available to you are determined by and may vary according to the subscription plan you have selected, and may be modified, updated, expanded, reduced, or discontinued by us at any time in our sole discretion.
You expressly acknowledge and agree that the Service is provided as a general-purpose document management and processing tool only. The Service is not designed, intended, or authorized to serve as a substitute for professional legal advice, financial advice, medical advice, tax advice, accounting advice, regulatory guidance, compliance advice, or any other form of professional consultation or opinion. The Company does not provide any professional advice through the Service. You are solely and exclusively responsible for the accuracy, completeness, legality, and legal sufficiency of your documents, and for any and all decisions, actions, or omissions made based on, derived from, or influenced by information, analysis, extraction results, or other output processed through, generated by, or obtained from the Service. Any reliance you place on the output of the Service is strictly at your own risk.
The Company makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any document extraction results, AI-generated analysis, document conversion outputs, or any other processed data or output produced by the Service. Extraction and analysis results are generated using automated processes and third-party technologies that may produce errors, omissions, or inaccuracies. You should independently verify all results before relying on them for any purpose whatsoever.
4. Account Registration and Workspaces
In order to access and use the Service, you must create an account by authenticating through a supported third-party identity provider or by creating credentials directly through the Service. Upon successful registration, you will be required to create a Workspace that serves as your primary organizational unit within the Service. You acknowledge and agree that:
- You are solely responsible for maintaining the confidentiality and security of your account credentials, including but not limited to any passwords, authentication tokens, API keys, or other access credentials associated with your account. Any activity that occurs under your account, whether or not authorized by you, is your sole responsibility.
- You must provide accurate, current, and complete information during the registration process and at all times thereafter. You agree to update your information promptly if it changes. Providing false, inaccurate, misleading, or incomplete information constitutes a violation of these Terms and may result in immediate suspension or termination of your account.
- Workspace administrators bear full responsibility for managing member access, role assignments, permissions, and all administrative settings within their Workspace. The Company is not responsible for any unauthorized access resulting from misconfigured workspace settings, overly permissive role assignments, or any other administrative decisions made by workspace administrators.
- You must promptly notify us of any known or suspected unauthorized use of your account, any known or suspected security breach, or any other compromise of your account credentials. Failure to do so may result in additional liability on your part.
- We reserve the right to refuse registration, suspend accounts, or terminate accounts at our sole discretion, for any reason, including but not limited to suspected fraudulent activity, abuse of the Service, or violation of these Terms.
5. Subscription Plans and Payment
The Service is offered through various paid subscription plans, the details, features, pricing, and terms of which are described on our website and within the Service, and which may be modified by us at any time without prior notice. Unless otherwise specified, access to the Service requires an active, paid subscription in good standing.
- Billing and Payment: Subscriptions are billed on a recurring basis (monthly or annually, as selected by you) through a third-party payment processor. By subscribing to a plan, you expressly authorize the Company to charge your designated payment method on a recurring basis for the applicable subscription fees, taxes, and any other charges associated with your subscription, until such time as your subscription is canceled or terminated. You are responsible for ensuring that your payment information is accurate and up-to-date at all times. Failed payments may result in immediate suspension or termination of your access to the Service without further notice.
- Plan Changes: You may upgrade, downgrade, or cancel your subscription at any time through the administrative dashboard within the Service. Upgrades may take effect immediately and may result in prorated charges for the remainder of the current billing period. Downgrades and cancellations take effect at the end of your current billing period. We are not obligated to provide refunds, credits, or pro-rata adjustments for any unused portion of a billing period following a downgrade or cancellation, except as expressly required by applicable law.
- Refunds: All subscription fees, charges, and payments are non-refundable except where expressly required by applicable law. If you cancel your subscription, you will retain access to the features associated with your current plan through the remainder of your current, already-paid billing period, after which your access will be reduced or terminated in accordance with the applicable plan terms. Under no circumstances shall the Company be obligated to provide refunds for partial billing periods, unused features, periods of unavailability, or for any other reason not expressly required by applicable law.
- Price Changes: We reserve the right to change subscription pricing, introduce new fees, modify fee structures, or otherwise alter the financial terms of the Service at any time in our sole discretion. We will make commercially reasonable efforts to provide advance notice of material pricing changes; however, your continued use of the Service following any pricing change constitutes your acceptance of and agreement to the new pricing. If you do not agree to a pricing change, your sole and exclusive remedy is to cancel your subscription before the new pricing takes effect.
- Taxes: You are responsible for all applicable taxes, duties, levies, and governmental charges imposed in connection with your subscription, except for taxes based solely on the Company's net income. If the Company is required to collect or remit such taxes, they will be added to your invoice.
6. User Content
You retain all ownership rights, title, and interest in and to the documents, files, data, and other materials you upload, submit, store, or transmit through the Service ("User Content"). By uploading, submitting, storing, or transmitting User Content to the Service, you grant the Company a limited, non-exclusive, worldwide, royalty-free, sublicensable license to host, store, transfer, process, display, reproduce, modify, and create derivative works of your User Content solely to the extent necessary to provide, maintain, improve, and protect the Service, and as otherwise described in these Terms and our Privacy Policy. This license terminates when you delete your User Content from the Service or when your account is terminated, subject to any backup or archival retention practices described herein.
- You are solely and exclusively responsible for all User Content that you upload, submit, store, or transmit through the Service, including but not limited to ensuring that you have all necessary rights, licenses, consents, and permissions to upload and use such content, and that your User Content does not infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party, or violate any applicable law, rule, or regulation.
- We do not claim any ownership interest in your User Content. Subject to the limited license granted above, nothing in these Terms shall be construed to transfer any ownership rights in User Content from you to the Company.
- We will not intentionally access, review, use, or share your User Content except as reasonably necessary to provide and operate the Service, to respond to your support requests, to comply with applicable law or legal process, to enforce these Terms, or to protect the rights, property, or safety of the Company, its users, or the public.
- Upon termination of your account, whether by you or by us, we may, but are not obligated to, retain your User Content for a limited period to facilitate retrieval. After such period, or at any time in our sole discretion, your User Content may be permanently and irrevocably deleted without notice. It is your sole responsibility to export or back up your User Content before terminating your account. The Company shall have no liability whatsoever for any deletion, loss, or corruption of User Content following account termination.
7. Acceptable Use Policy
You agree that you will not, and will not permit any third party to, use the Service to:
- Upload, store, transmit, post, publish, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable in any manner whatsoever.
- Violate any applicable local, state, provincial, national, or international law, statute, regulation, ordinance, or treaty, or any third-party rights, including but not limited to intellectual property rights, trademark rights, copyright rights, patent rights, trade secret rights, privacy rights, and contractual rights.
- Attempt to gain unauthorized access to the Service, any other user's account, or any computer systems, servers, networks, or databases connected to or associated with the Service, through hacking, password mining, brute force, social engineering, or any other means.
- Interfere with, disrupt, degrade, impair, or undermine the integrity, performance, security, or proper functioning of the Service, including but not limited to transmitting any worms, viruses, spyware, malware, or any other code of a destructive, malicious, or disruptive nature.
- Use the Service for any purpose that competes directly or indirectly with Doc Custodian, including but not limited to building a competing product or service, benchmarking, or gathering competitive intelligence.
- Reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to derive or gain access to the source code, object code, underlying structure, ideas, algorithms, or trade secrets of the Service or any part thereof.
- Scrape, crawl, spider, index, or otherwise use automated means to access, collect, harvest, or extract data from the Service, except through APIs or interfaces expressly provided and authorized by us for such purposes.
- Upload or transmit any malicious code, viruses, trojan horses, worms, logic bombs, time bombs, ransomware, or other harmful or malicious material.
- Exceed documented usage limits, rate limits, storage quotas, or other technical restrictions, or circumvent, disable, or otherwise interfere with any security-related features, access controls, or technical measures implemented in the Service.
- Use the Service to send unsolicited communications, spam, chain letters, or other forms of unauthorized advertising or solicitation.
- Impersonate any person, entity, or organization, or falsely state or otherwise misrepresent your affiliation with any person, entity, or organization.
We reserve the right, but assume no obligation, to monitor use of the Service for violations of this Acceptable Use Policy. We reserve the right to suspend, restrict, or terminate your access to the Service, remove or disable any User Content, and take any other action we deem appropriate, with or without notice, at our sole and absolute discretion, if we believe that you have violated or may violate these Terms or any applicable law. Our failure to enforce any provision of this Acceptable Use Policy shall not constitute a waiver of our right to enforce such provision in the future.
8. Intellectual Property
The Service, including but not limited to all software, source code, object code, algorithms, user interfaces, designs, templates, graphics, artwork, logos, trademarks, service marks, trade names, trade dress, documentation, text, photographs, audio, video, data compilations, and all other content and materials contained in, displayed on, or made available through the Service (collectively, "Company Materials"), are the exclusive property of Doc Custodian or its licensors and are protected by United States and international intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. All rights not expressly granted to you in these Terms are reserved by the Company and its licensors. Nothing in these Terms shall be construed to grant you any right, title, or interest in or to the Company Materials, except for the limited right to use the Service in accordance with these Terms.
You may not copy, modify, distribute, sell, license, sublicense, transfer, publicly display, publicly perform, transmit, broadcast, publish, reproduce, create derivative works from, or otherwise exploit any Company Materials, in whole or in part, without the prior express written consent of the Company. Unauthorized use of any Company Materials may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
9. Third-Party Services and Integrations
The Service may integrate with, depend upon, connect to, or otherwise utilize various third-party services, platforms, APIs, tools, and technologies for authentication, payment processing, cloud infrastructure and hosting, document processing, artificial intelligence and machine learning, data storage, email delivery, and other operational functionality (collectively, "Third-Party Services"). Your use of and access to any Third-Party Services is subject to the respective terms of service, privacy policies, acceptable use policies, and other legal agreements of the applicable third-party providers. You acknowledge and agree that we are not responsible for and make no representations or warranties regarding the availability, reliability, accuracy, quality, security, legality, or practices of any Third-Party Services. We shall not be liable for any acts, omissions, errors, failures, delays, interruptions, data breaches, or other issues arising from or related to any Third-Party Services, and you agree to look solely to the applicable third-party provider for any claims, losses, or damages arising therefrom.
10. Service Availability, Modifications, and Discontinuation
The Service is provided on an "as available" basis. You acknowledge and agree that the Service may be subject to limitations, delays, interruptions, errors, bugs, outages, scheduled maintenance, unscheduled maintenance, emergency maintenance, capacity constraints, force majeure events, and other issues that may affect availability, performance, functionality, or reliability. We do not guarantee, represent, or warrant that the Service will be available at any particular time, that access to the Service will be uninterrupted, continuous, timely, secure, or error-free, or that any particular features or functionality will be maintained or available in any future version of the Service.
- We reserve the right, at any time and from time to time, in our sole and absolute discretion, to modify, update, enhance, improve, redesign, rebrand, suspend, limit, restrict, or permanently discontinue any or all features, functionality, components, aspects, or content of the Service, with or without notice to you, and without any liability to you or to any third party. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension, or discontinuation of the Service.
- We are not responsible for, and you hereby release us from, any and all claims, losses, liabilities, damages, costs, or expenses arising from or related to Service unavailability, downtime, interruptions, slowdowns, errors, bugs, data loss, data corruption, feature changes, feature removal, or any other Service-related issues, regardless of the cause thereof.
- You are solely responsible for maintaining independent backup copies of your User Content. We strongly recommend that you regularly download and back up your important documents and data. The Company assumes no responsibility for the preservation, security, or recoverability of your User Content in the event of any Service disruption, account termination, or other circumstance.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOC CUSTODIAN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLIED DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY USER CONTENT, OR ANY THIRD-PARTY SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE), AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATED TO: (A) ERRORS, INACCURACIES, OMISSIONS, OR DEFICIENCIES IN DOCUMENT EXTRACTION, CONVERSION, ANALYSIS, PROCESSING, OR ANY OTHER OUTPUT GENERATED BY THE SERVICE; (B) UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, CORRUPTION OF, OR DESTRUCTION OF YOUR DATA, TRANSMISSIONS, OR USER CONTENT; (C) STATEMENTS, CONDUCT, ACTIONS, OR OMISSIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (D) ANY DECISION, ACTION, OR OMISSION TAKEN BY YOU IN RELIANCE ON OUTPUT, ANALYSIS, OR INFORMATION PROVIDED BY THE SERVICE; (E) ANY INTERRUPTION, SUSPENSION, DISCONTINUATION, OR UNAVAILABILITY OF THE SERVICE FOR ANY REASON; (F) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (G) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE COMPANY; OR (H) YOUR FAILURE TO MAINTAIN ADEQUATE BACKUPS OF YOUR USER CONTENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING UNDER, OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS, THE SERVICE, OR YOUR USE THEREOF, SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT, AND SHALL APPLY REGARDLESS OF THE NUMBER OF EVENTS, CLAIMS, OR ACTIONS GIVING RISE TO LIABILITY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, SOFTWARE, TOOLS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED TO YOU ON A STRICTLY "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, QUIET ENJOYMENT, AND ANY WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, NEEDS, OR EXPECTATIONS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, CONTINUOUS, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DOCUMENT EXTRACTION RESULTS, AI-POWERED ANALYSIS AND SUMMARIZATION, DOCUMENT CONVERSION OUTPUTS, DIGITAL SIGNATURE PROCESSING, OR ANY OTHER PROCESSED DATA OR OUTPUT, WILL BE ACCURATE, COMPLETE, CORRECT, RELIABLE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (D) ANY ERRORS, DEFECTS, BUGS, OR DEFICIENCIES IN THE SERVICE WILL BE IDENTIFIED OR CORRECTED; (E) THE SERVICE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; (F) THE SERVICE WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, EQUIPMENT, BROWSER, OPERATING SYSTEM, OR NETWORK CONFIGURATION; OR (G) ANY INFORMATION STORED, PROCESSED, OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE LOST, DAMAGED, CORRUPTED, OR COMPROMISED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS A DOCUMENT MANAGEMENT AND PROCESSING TOOL AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, MEDICAL, TAX, ACCOUNTING, REGULATORY, OR OTHER PROFESSIONAL ADVICE OR SERVICES. YOU USE THE SERVICE, AND RELY UPON ANY OUTPUT, RESULTS, DATA, ANALYSIS, OR INFORMATION GENERATED BY OR OBTAINED THROUGH THE SERVICE, ENTIRELY AT YOUR OWN RISK AND DISCRETION. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DECISIONS, ACTIONS, OR OMISSIONS MADE BY YOU BASED ON OR IN RELIANCE ON THE SERVICE OR ITS OUTPUT.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company Parties (as defined in Section 11) from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, settlements, penalties, fines, losses, costs, and expenses of any kind (including but not limited to reasonable attorneys' fees, court costs, expert witness fees, and costs of investigation and litigation) arising out of, relating to, or in connection with: (a) your access to or use of the Service; (b) your User Content, including any claim that your User Content infringes, misappropriates, or violates the intellectual property rights, privacy rights, or other rights of any third party; (c) your violation, breach, or alleged breach of these Terms or any applicable law, rule, regulation, code of conduct, or third-party agreement; (d) your violation of any applicable law or regulation; (e) your violation, infringement, or misappropriation of any third-party right, including but not limited to intellectual property rights, privacy rights, and contractual rights; (f) any dispute between you and any other User of the Service; or (g) your negligence, willful misconduct, or fraud. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of any such claim. You shall not settle any claim or matter without the prior written consent of the Company.
14. Termination
Either party may terminate these Terms and your access to the Service as follows:
- Termination by You: You may terminate your account at any time by canceling your subscription through the administrative dashboard and, optionally, by contacting us to request complete account deletion. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any unused portion of your subscription term.
- Termination by Us: We may, in our sole and absolute discretion, with or without cause and with or without prior notice, at any time and for any reason, suspend, restrict, limit, disable, or terminate your account and your right to access and use all or any part of the Service. Reasons for termination may include, but are not limited to: violation of these Terms, suspected fraudulent or abusive activity, non-payment of fees, extended periods of inactivity, requests by law enforcement or other government agencies, unexpected technical issues, or discontinuation of the Service.
- Effect of Termination: Upon any termination or expiration of these Terms or your account, your right to use the Service shall cease immediately and without further notice. We shall have no obligation to maintain, store, retain, forward, return, or make available to you any of your User Content, account data, workspace data, or any other information, data, or materials associated with your account, following termination. Any data retention following termination is at our sole discretion. It is your sole responsibility to export, download, or otherwise back up your User Content prior to termination.
- Survival: The provisions of these Terms that by their nature are intended to survive termination or expiration shall survive, including but not limited to Sections 2 (Definitions), 6 (User Content), 8 (Intellectual Property), 11 (Limitation of Liability), 12 (Disclaimer of Warranties), 13 (Indemnification), 15 (Governing Law), and 17 (General Provisions).
15. Governing Law and Dispute Resolution
For users residing in the United States, these Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by, construed in accordance with, and enforced under the laws of the state in which you reside, without regard to its conflict of law provisions or principles, and applicable federal law of the United States. For users residing in Canada, these Terms shall be governed by the laws of the province in which you reside and the applicable federal laws of Canada, without regard to conflict of law provisions.
Any dispute, claim, controversy, or cause of action arising out of, relating to, or in connection with these Terms, the Service, or your use thereof (including any dispute regarding the existence, validity, or terminability of these Terms) shall first be attempted to be resolved through good-faith negotiation between the parties for a period of not less than thirty (30) days following written notice by the claiming party. If the dispute cannot be resolved through negotiation, it shall be finally resolved by binding arbitration administered in accordance with the applicable arbitration rules, except that either party may seek temporary or preliminary injunctive relief, specific performance, or other equitable relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending the outcome of arbitration.
YOU AND THE COMPANY EACH AGREE THAT ANY AND ALL DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY AND EXCLUSIVELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, MASS ACTION, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. If a court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
16. Changes to These Terms
We reserve the right, at our sole and absolute discretion, to modify, amend, update, supplement, or replace these Terms at any time and from time to time. When we make changes, we will update the "Last updated" date at the top of this page. We may, but are not obligated to, provide additional notification of material changes through email, in-app notification, or other means. It is your sole responsibility to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Service following the posting of any revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Service and terminate your account.
17. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, Data Protection Policy, Security Policy, and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Doc Custodian with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, representations, understandings, and agreements, whether written or oral, between you and the Company regarding the Service.
- Severability: If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
- Waiver: No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver shall be effective unless it is in writing and signed by an authorized representative of the Company.
- Assignment: You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, at any time without notice to you or your consent, including but not limited to in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
- Force Majeure: The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of its obligations under these Terms when and to the extent such failure or delay is caused by or results from circumstances beyond the Company's reasonable control, including but not limited to: acts of God; natural disasters including but not limited to floods, earthquakes, hurricanes, tornados, wildfires, and severe weather; epidemics, pandemics, and public health emergencies; war, armed conflict, invasion, hostilities, terrorism, civil unrest, and riots; government actions, sanctions, embargoes, blockades, and regulatory changes; labor disputes, strikes, and lockouts; power failures, electrical outages, and utility interruptions; internet failures, telecommunications failures, and network outages; third-party service provider failures, disruptions, or outages; cyberattacks, denial-of-service attacks, and other malicious activities; fire, explosion, and equipment failure; and any other events or circumstances beyond the Company's reasonable control, whether or not foreseeable.
- Independent Contractors: Nothing in these Terms shall be construed to create a joint venture, partnership, employment, agency, franchise, or fiduciary relationship between you and the Company. Neither party has any authority to bind the other party or to incur any obligation on behalf of the other party.
- Notices: Any notices or communications required or permitted under these Terms shall be in writing and shall be deemed delivered when sent by email to the applicable party's email address on file. You are responsible for ensuring that your contact information is accurate and up-to-date.
- Headings: The section headings used in these Terms are for convenience and reference purposes only and shall not affect the meaning or interpretation of any provision of these Terms.
18. Contact Information
If you have any questions, concerns, comments, complaints, or requests regarding these Terms of Service, or if you wish to report a potential violation of these Terms, please contact us using the following information:
- Email: customerservice@doccustodian.com
- Website: doccustodian.com