Eligibility; Acceptance; Amendments
DocsMate, together with the related website and any DocsMate online interface through which it is made available (collectively, the “Product”), is made available only to individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding agreement with us. You may not access or use the Product, or agree to these Terms, 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 made available through the Product.
If you fail to comply with these Terms, we may, in our sole discretion, take enforcement action, including issuing a warning, suspending your access to the Product, or terminating some or all of your rights to use the Product. You acknowledge and agree that we may take any such action without prior notice, although we may choose to provide notice in a particular case.
These Terms apply 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 reviewed these Terms, understand them, and agree to be legally bound by them. If you do not agree to these Terms, you must not download, install, copy, access, or use the Product. In these Terms, “you” includes, where applicable, the individual user and any corporation, partnership, organization, or other legal entity on whose behalf that individual is acting. If you accept these Terms for an entity, you represent and warrant that you are authorized to bind that entity to these Terms. If you do not have that authority, you may not accept these Terms or use the Product on behalf of that entity.
Service Availability; Interruptions; Discontinuation
The availability and performance of the Product may depend on third-party services, public networks, infrastructure, and other conditions beyond our systems or reasonable control, including your internet connection, firewall settings, internet service provider, access to the public internet, and power supply. To the fullest extent permitted by applicable law, we disclaim responsibility for any unavailability, performance issue, disruption, or delay resulting from any such dependency or from any other event beyond 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 operations, political interference, server or network failure, infrastructure failure, or shortages of labor, fuel, energy, or technological resources.
We do not guarantee that the Product, or any feature or functionality of the Product, will be available at any particular time or operate without interruption, delay, security incident, or error. To the fullest extent permitted by applicable law, we may modify, suspend, withdraw, remove, or halt the Product at any time in our sole discretion, and we will not be liable for any outage, downtime, delay, interruption, degradation, suspension, or other unavailability of the Product.
Ownership of the Product; Service Materials
The Product is made available to you under a limited license and is not sold to you. Except for the limited rights expressly granted under these Terms, as between you and us, we, our affiliates, and our licensors retain and own all right, title, and interest in and to the Product and all content, software, technology, know-how, materials, and other components made available through, embodied in, or used in connection with the Product, including all interfaces, designs, layouts, graphics, text, data, images, video, audio, music, files, and the compilation, selection, and arrangement of the foregoing (collectively, the “Service Materials”). The Service Materials are protected by applicable copyright, trademark, patent, trade dress, treaty, and other intellectual property and proprietary rights laws. Except for the limited rights expressly granted under these Terms, no ownership interest, license, or other proprietary right in or to the Product or the Service Materials is granted or transferred to you.
You are not obligated to provide any ideas, suggestions, comments, or other feedback concerning the Product or the Service Materials. If you voluntarily submit any feedback, proposals, recommendations, corrections, improvements, enhancements, or similar input relating to the Product or the Service Materials, you grant us a non-exclusive, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, disclose, display, perform, modify, make, have made, use, sell, offer for sale, and otherwise exploit that input, and any products, services, content, or materials derived from or incorporating it, in any format or media, without compensation, attribution, or any other obligation to you.
Except as expressly permitted under these Terms or with our prior written consent, you may use the Service Materials only to the extent reasonably necessary for your authorized use of the Product. Without limiting the foregoing, you may not copy, reproduce, republish, upload, post, transmit, display, distribute, scrape, download, sell, sublicense, assign, transfer, lease, rent, adapt, modify, create derivative works of, frame, decompile, disassemble, reverse engineer, or otherwise exploit any Service Materials, in whole or in part. Any unauthorized use, reproduction, or distribution of the Service Materials is prohibited and may result in suspension or termination of your access to the Product, in addition to any civil or criminal remedies available under applicable law.
Prohibited Uses
You may not access or use the Product for any fraudulent, deceptive, abusive, or bad-faith purpose, and you may not use the Product in any manner intended to deceive us or any other user, or attempt to do so. If we determine, in our sole discretion, that you have acted in bad faith, violated these Terms, or engaged in conduct falling below reasonable standards of use, we may suspend, block, limit, or terminate your access to the Product and may terminate these Terms. Without limiting any other restriction in these Terms, you agree not to:
- use any payment method or advertiser-tracking mechanism in a fraudulent, deceptive, or unauthorized manner;
- use, upload, transmit, distribute, or otherwise make available through the Product any information or material in a manner that infringes or otherwise violates 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, obtain unauthorized access to, or attempt to intercept or 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 the distribution of counterfeit software;
- publish, communicate, or make any statement about us, or any representation concerning us, without our prior written consent;
- upload, post, send, transmit, distribute, or otherwise make available any content that a reasonable person would consider vulgar, indecent, obscene, pornographic, sexual, offensive, or otherwise objectionable;
- 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 damage, disrupt, interfere with, or impair the Product or the devices or systems of other users;
- 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;
- copy, rent, lease, sell, assign, transfer, sublicense, disassemble, reverse engineer, decompile, alter, or modify any part of the Product; or
License Grant; Authorized Use; Restrictions
You acknowledge and agree that the Product includes software, content, and other materials owned by us and/or our licensors and protected by applicable copyright, trademark, and other intellectual property laws. And you may not use the Product, or any intellectual property embodied 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 under these Terms or required by applicable law, you may not copy, reproduce, modify, adapt, publish, distribute, reverse engineer, recompile, create derivative works from, or otherwise exploit any software, application, utility, tool, file, or other intellectual property included in, forming part of, derived from, or used in connection with the Product, and you may not use the Product in any unauthorized manner.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license, during the term of these Terms, to install and use the Product solely for your internal purposes.
For the avoidance of doubt, neither you nor any person acting on your behalf may use the Product for any commercial purpose unless we have expressly approved that use in writing in advance. The Product is licensed and not sold, and no rights are granted to you other than those expressly set out in these Terms. All rights not expressly granted are reserved by us.
Unless we expressly authorize otherwise in writing, you may not reproduce the Product or make the Product, any portion of the Product, or any credentials, tools, or means for accessing the Product available to any third party.
Without limiting any other restriction in these Terms, and unless we have given our prior written consent, you may not sublicense, assign, transfer, sell, resell, lease, rent, lend, trade, auction, gift, bequeath, or otherwise dispose of, distribute, or make available 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 may access and use the Product only through the methods, interfaces, and functionality that we provide or expressly authorize, and you may not create, enable, distribute, or assist in creating any means by which any other person may access the Product. You may not seek to gain unauthorized access to the Product or to any related server, system, computer, or network, including by bypassing, circumventing, disabling, interfering with, impairing, manipulating, or altering any security feature, access control, technical safeguard, device, or software. You also may not engage in any activity that imposes an unreasonable or disproportionately heavy burden on our systems, network, or infrastructure.
We may release patches, fixes, upgrades, enhancements, reductions, modifications, or other changes to the Product at any time and in our sole discretion. Unless we expressly provide a separate license for a particular release, each such change will be treated as part of the Product and will remain subject to these Terms. You acknowledge that any update may change the Product’s features, functionality, content, operation, or technical requirements and may affect the manner in which you access or use the Product. We have no obligation to provide any maintenance, support, updates, upgrades, corrections, or other assistance in connection with the Product.
Warranty Disclaimer; Liability Limitations; Indemnification
To the fullest extent permitted by applicable law, your access to and use of the Product are at your sole risk, and the Product is provided on an “as is,” “as available,” and “with all faults” basis. We disclaim all warranties, conditions, representations, and guarantees of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, usefulness, authority, accuracy, completeness, and timeliness.
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 shall be liable to you or to any third party for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including any 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 $100.
Without limiting the disclaimer above, we do not warrant or represent that the Product will meet your requirements, remain continuously available, operate without interruption, be secure, be error-free, be free of viruses, or have defects corrected. We make no representation or warranty regarding the use of the Product, or any output or result generated through or from the Product, including with respect to correctness, accuracy, quality, reliability, or fitness for any particular task or purpose. No oral or written information or advice given by us or by any authorized representative will create any warranty or expand any warranty expressly disclaimed in these Terms. You assume all responsibility for, and all risk arising from, your use of the Product. We do not represent or warrant that any security measures used in connection with the Product 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.
Your access to or use of the Product does not transfer to you any ownership interest in the Service Materials or in any derivative work based on the Service 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:
- your breach of these Terms;
- any access to or use of the Product by a person acting on your behalf;
- your access to or use of the Product; and
- any infringement by us of, or other violation by us of, any third-party right, including any copyright, property, or privacy right;
Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of certain categories of 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.
Suspension; Termination; Additional Remedies
We may, at any time, immediately, for any period, and without prior notice, suspend or terminate your access to the Product and/or terminate these Terms in our sole discretion, including if you breach these Terms or any other 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 are unable to verify or authenticate information you have provided to us, or if you engage in conduct that we consider abusive, inappropriate, or contrary to the intended use or spirit of the Product. In any such circumstance, we may elect either to issue a warning or to suspend or terminate some or all of your access to the Product immediately. We are not required to provide advance notice before taking any such action, although we may choose to do so in our discretion.
Notwithstanding anything to the contrary in these Terms, if the Product or your access to the Product is suspended, terminated, or cancelled for any of the reasons described above, whether temporarily or permanently, or if we terminate these Terms in those circumstances, your access to the Product may end immediately. We also reserve the right to pursue any other remedies available to us under applicable law.
Privacy Notice and Data Practices
Your use of the Product, and any information collected through the Product or otherwise in connection with your use of the Product, are subject to our Privacy Notice, available at [email protected]. Any Personal Data, as defined in the Privacy Notice, that we collect through the Product will be collected, used, retained, stored, and otherwise processed in accordance with that Privacy Notice. You should review the Privacy Notice carefully to understand our practices relating to Personal Data.
General Terms
Jurisdiction. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Product will 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. These Terms, and any such dispute, claim, or controversy, will 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 these Terms, including any question regarding their existence, validity, or termination, the parties are strongly encouraged first to seek resolution through our customer support channels.
Notices. You agree that we may deliver notices and other communications to you electronically, including through the Product and/or by using any other applicable contact information. We may also notify you of changes to these Terms, or other matters, by posting notices or links to notices generally within the Product. You agree that any agreement, notice, disclosure, or other communication that we provide electronically satisfies any legal requirement that such communication be in writing. Any notice sent by us by email will be deemed effective when sent, whether or not you actually receive, open, or read it.
No failure or delay by us in exercising any right or enforcing any provision under these Terms will operate as a waiver of that or any other right or provision. If any provision of these Terms 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.
These Terms constitute the complete and exclusive agreement between you and us with respect to their subject matter and supersede all prior and contemporaneous proposals, negotiations, discussions, communications, understandings, and agreements, whether oral or written, relating to that subject matter.
We may revise these Terms from time to time, in whole or in part, in our sole discretion. Any revised version may be posted within the Product, published on our website, or otherwise made available to you. We may require you to review and expressly accept updated Terms as a condition to continued access to or use of the Product and, depending on the nature of the update, may also require you to install or use the then-current version of the Product. Once revised Terms become effective, your continued access to or use of the Product will constitute your acceptance of those revised Terms. If you do not accept a revision, you must immediately discontinue use of the Product.
Questions regarding these Terms or the Product may be directed to us at: [email protected].