Please read these terms of service and Our Privacy Policy (together, these “Terms”) carefully as they form a contract between You and Us and govern use of and access to the Service(s) and Websites by You, Your Affiliates, Users and End-Customers. In the event of a conflict between these terms of service and Our Privacy Policy, these terms of service shall prevail.

By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-Customer to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You,” “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

You, as an individual, must be 18 years or older to access or use the Websites and the Service(s).

By using the Site or any of our Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is each an individual natural person, whether an employee, business partner, contractor or agent of a Customer who is registered or permitted by Customer to use the Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase. Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.

If you are a Customer and you or your organization is bound by a Master Services Agreement with us ( “Corporate Terms”), then these Terms will apply, if at all, only to use of the Site or any of our Services to the extent such use is not already governed by such a Master Service Agreement.

By accessing, using, or downloading any materials from the site, you agree to follow and be bound by these terms. If you do not agree to these terms, you are not authorized and must cease using the site immediately.

Except for certain types of disputes described in the arbitration clause set forth herein, you agree that disputes between you and effyDoc will be resolved by mandatory arbitration and you waive any right to participate in a class-action lawsuit and/or class-wide arbitration.

1. Your rights & acceptance of terms

1.1 These Terms are applicable during Your free trial and during Your subscription to the Service(s) through a Service Plan of Your choice.

1.2 Using Our Service(s): Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.

1.3 Using our APIs: Our APIs must be used according to the API Policies We implement in this regard.

1.4 Using our Mobile Applications: Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, non-transferrable, and revocable right to download, install and use the Mobile Applications to access and use the Service(s).

1.5 The Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by us related to the Services, which shall be incorporated herein by reference. By accessing, registering for and/or using the Services in any manner you agree to the Terms. If you do not agree to the Terms, do not use the Services.

2. Changes

We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. We will notify you of any changes to the Terms by posting the updated Terms on our website and/or the Services, and we will revise the “Updated” date above. Any changes to our operating rules, policies and/or procedures shall be incorporated herein. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on our website and/or Services. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. The then-current version of the Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).

3. License to use our services

3.1. Ownership and Rights to Access and/or Use the Services.

By using the Services and subject to your compliance with the Terms: (a) We and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of us. Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third party any rights, title and/or interest in any intellectual property rights related to the Services.

3.2. Reservation of Rights.

Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, we and/or its third party providers, licensors and suppliers reserve all right, title and interest in and to the Services, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

3.3. Availability of Content.

We do not guarantee that any content will be made available on the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the Services.

4. Scope of use

4.1. Use of Services and Availability.

We retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or use of and/or access to your Account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.

4.2. Creating an Account.

To sign up, access and/or use the Services, you must create an account (an “Account”). Your Account requires you to (i) indicate agreement to the Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by us in its sole and absolute discretion. You agree not to create an Account and/or use the Services if you have been previously removed by us and/or banned from the Services. You agree that we will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You shall not: (a) select and/or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; and/or (c) use as a username a name that is otherwise offensive, vulgar and/or obscene. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate the Terms we may terminate your account immediately. You must notify us immediately of any change in your eligibility to use the Services (including any changes to and/or revocation of any licenses from state authorities), breach of security and/or unauthorized access to and/or use of your Account. You should never publish, distribute and/or post login information for your Account. If we terminate your Account, you may not subscribe under a new Account unless we formally invite you. 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 and/or omissions by you, including without limitation any damages of any kind incurred as a result of such acts and/or omissions.

4.3. Restrictions

Except as expressly specified in the Terms, you shall not (i) modify, and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the Services; (ii) license, transfer, sell, rent, lease, distribute, assign, host, sublicense and/or otherwise commercially exploit the Services, in whole or in part; (iii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the Services (including images, text, page layout, and/or form); (iv) use any metatags and/or other “hidden text” using Our name and/or trademarks; (v) use any manual and/or automated software, devices and/or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” and/or download data from any pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such); (vi) use and/or access the Services in order to build a similar and/or competitive website, product, and/or service; (vii) copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Services in any form and/or by any means; (viii) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Services; (ix) intentionally hold us and/or their employees and/or directors up to public scorn, ridicule and/or defamation; (x) promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (xi) take any action that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third party providers’) infrastructure; (xii) interfere and/or attempt to interfere with the proper working of the Services and/or any activities conducted on the Services; (xiii) run any form of auto-responder and/or “spam” on the Services; (xiv) use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; and/or (xv) make the functionality of the Services available to multiple users through any means, including, but not limited to distribution of the Services or by uploading the Services to a network and/or file-sharing service and/or through any hosting, application services provider and/or any other type of service. You will comply with any technical restrictions on the Services that allow you to use the Services only in certain ways. Any unauthorized use of the Services terminates the rights granted by us pursuant to the Terms.

5. Additional terms for effyDoc services

5.1 effyDoc . If you use effyDoc, you accept the Terms of the effyDoc Schedule below.

5.2 effyDoc Invoice. If you use the “Invoice” feature in effyDoc, you accept the terms of the Invoice payment below.

5.3 Chat. If you use the “Chat” feature in effyDoc , you accept the terms of the Chat below.

effyDoc Service Schedule

6. Attachment for effyDoc invoice

6.1. Definitions

“Cardholder Data” means individual credit and debit card account numbers or related data.

"effyDoc Invoice” means the feature of effyDoc designed to collect payment information for the purpose of payment processing.

“Payment Applications” refers broadly to all supported payment applications, gateways, processors and service providers that store, process, or transmit cardholder data as part of authorization or settlement, where these payment applications are sold, distributed, or licensed to Customer by third parties.

“Payment Card Brands” means American Express, MasterCard, and Visa.

“Signer” means the person that uses effyDoc Invoice to make a payment transaction that results in the debiting or charging of an amount to such person’s payment instrument and the crediting of funds to Customer.

6.2. effyDoc Invoice

6.2.1 effyDoc Invoice is a payments based Service provided by us to helps facilitate communication between Customer, Customer’s Authorized Users, and Payment Applications service providers regarding payments and payment processing.

6.2.2 During the Term, and subject to compliance with the terms and conditions of this Service Attachment, Customer with effyDoc Invoice-enabled Account for effyDoc and Customer’s Authorized Users, will have the right to access and use effyDoc Invoice within such Account in accordance with the Terms for Customer’s internal business purposes.

6.2.3 To facilitate payments through a third-party Payment Application, Customer will be required to provide effyDoc with certain Customer Data, including, specifically, information that allows effyDoc to: (a) transmit Customer’s identifying information to a Payment Application; (b) if applicable, receive appropriate payment authorization from a Payment Application; and (c) collect any other information that Customer or Payment Application requires of effyDoc in order to facilitate payment processing. Customer authorizes effyDoc to store, process, and transmit Customer Data as necessary for a Payment Application to facilitate payment processing between Customer and a third party designated by Customer. Unless otherwise provided in the applicable Service Schedule for effyDoc, effyDoc Invoice will temporarily store information received from Customer, such as account information for a Payment Application, only for the purpose of facilitating the payment processing.

6.2.4 The payment processing facilitated through effyDoc Invoice is communication activities between Customer and a third party and/or Customer and a Payment Application, and not with effyDoc or any of its Affiliates. Payment Applications are operated by third-party independent organizations and not agents, employees, or subcontractors of effyDoc. effyDoc does not control the payment methods made available by the Payment Applications through effyDoc Invoice nor the products or services that are sold or purchased by Customer. At no time does effyDoc receive or hold payments or value for any party when effyDoc Invoice is used to facilitiate communication of payment processing requests. Customer acknowledges and agrees that effyDoc cannot ensure that a Signer or third party will complete a payment processing or that it is authorized to do so.

7. Additional customer responsibilities

7.1 effyDoc’s provision of the effyDoc Invoice is conditioned on Customer’s acknowledgment of and agreement to the following:

(a) Customer is solely responsible for registering and maintaining an account with Payment Applications in order to receive payment and other services that may be necessary to use effyDoc Invoice;

(b) Customer is solely responsible for complying with: (i) all laws applicable to the payment processing conducted by Customer via effyDoc Invoice; (ii) standards set forth by the Payment Card Brands; and (iii) all terms of use or other terms and conditions between Customer and Payment Applications;

(c) Customer is solely responsible for the acts and omissions of its Authorized Users in relation to their use of effyDoc Invoice and for ensuring that such use complies with the terms of the Agreement;

(d) Customer has exclusive control over and responsibility for the content, quality, and format of any transaction it submits to be processed by effyDoc Invoice. Nothing in this Service Attachment may be construed to make effyDoc a party to any transaction processed by effyDoc Invoice, and effyDoc makes no representation or warranty regarding the transactions sought to be effected by Customer’s use of effyDoc Invoice;

(e) Customer is solely responsible for any and all disputes with any Payment Applications or Signers related to or in connection with a payment processing sought to be facilitated via effyDoc Invoice, including, but not limited to: (i) chargebacks; (ii) products or services not received; (iii) return of, delayed delivery of, or cancelled products or services; (iv) cancelled transactions; (v) duplicate transactions or charges; (vi) electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances; and (vii) amount of time to complete payment processing.

7.2 Customer is responsible for compliance with the Payment Card Industry Data Security Standard, developed and published jointly by the Payment Card Brands for protecting Cardholder Data as it relates to their payment processes and use of Cardholder Data and as it may be updated from time-to-time.

8. Third party claims

In addition to the third party claims obligations and subject to the indemnification procedures under the Terms, Customer will indemnify effyDoc’s and its Affiliates’ Indemnified Parties from, and defend the Indemnified Parties against, any Claim to the extent arising from or related to: (a) improper use of effyDoc Invoice by Customer or its Authorized Users, or Signers; (b) any breach by Customer of its obligations hereunder; (c) the nature and content of all Cardholder Data or any related data thereto provided by Customer, its Authorized Users, or Signers through use of effyDoc Invoice; (d) violation of any law or the rights of a third party by Customer through its use of effyDoc Invoice and/or the actions or inactions of any third party to whom Customer grants permissions to use Customer’s Account or access effyDoc Invoice on Customer’s behalf; and (e) the terms of an agreement between Customer and a Signer, or Customer and a Payment Application.

9. Attachment for effyDoc chat

9.1. Definitions

“Chat” the online text messages included with Document , which Authorized Users may input, access, retain, share with, and receive from parties via effyDoc using effyDoc Chat.

“Chat Functionality” means the service within effyDoc that facilitates the input, access, retention, and sharing of Chat.

“effyDoc Chat” means the effyDoc Service within effyDoc which enables Signers and Authorized Users to communicate with each other within the Document using the Chat Functionality.

“Signer” means a person designated by an Authorized User to use effyDoc with effyDoc Chat with respect to Document and Chat, subject to accepting the Electronic Record and Signature Disclosure.

9.2. Additional Customer responsibilities for use of effyDoc chat

9.2.1 effyDoc’s provision of effyDoc Chat for use with effyDoc is conditioned on Customer’s acknowledgement of, and agreement to, the following:

(a) Customer is solely responsible for registering and maintaining a effyDoc account with Chat Functionality in order to facilitate the communication functionality via effyDoc Chat;

(b) As between effyDoc and Customer, Customer is solely responsible for complying with all laws applicable to the content, communications, and use of effyDoc Chat and Chat Functionality by its Authorized Users and Signers, and Customer represents and warrants it will use and permit use of effyDoc Chat solely for lawful purposes and only in accordance with the terms of the Agreement;

(c) Chat content is stored with Document inside an Document, therefore we are not able to view such content or provide copies of such content exchanged by users via Chat to Customer or any third parties;

(d) All other terms and condition of the Agreement and the Service Schedule for effyDoc apply to Customer’s use of Chat as part of effyDoc Services.

10. Document storage and deletion

10.1 Sending, Storage. During the Term : We will send and store Documents per these Terms of the Subscription Plan. However, we may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of our services . Customer may retrieve and store copies of Document for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms, and may delete or purge Document from the System at its own discretion.

10.2 Incomplete Document. We may, at its sole discretion, delete incomplete Document from the System immediately and without notice upon the earlier of: (a) expiration of the Document (where Customer has established an expiration for such Document, not to exceed 365 days); or (b) expiration of the Subscription Term. We assumes no liability or responsibility for a party’s failure or inability to electronically sign any Document within such a period of time.

10.3 Deletion. We may delete an Account and Customer Data, including without limitation Document (whether complete or not), upon the expiration of the Subscription Term or termination of our Services Terms and Conditions.

10.4 Retention of Transaction Data. We may retain Transaction Data for as long as it has a business purpose to do so.

11. Subscription plans & prices

The prices, features, and options of our services depend on the Subscription Plan selected by Customer as well as any changes instigated by Customer. For example: (a) if Customer adds Authorized Users, we will charge the applicable subscription amount for each additional Authorized User; or (b) if Customer sends more Documents or consumes more storage or uses more bandwidth than allotted as per your plan, we may charge for the additional resources used or assign Customer to a new Subscription Plan. Customer may also purchase optional services on a periodic or per-use basis. We may change the prices for or alter the features and options in a particular Subscription Plan without notice.

You can purchase a monthly or annual plan and your credit card on file will be charged on a recurring basis. We have three paid plans available (Professional, Business, and Enterprise). All fees, expenses and taxes due hereunder will be paid in U.S. dollars. All fees due and payable by you to us under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. All fees due and payable under the Terms are exclusive of taxes, which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.

Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made.

11.2 Monthly plan billing.

Our monthly plans provide month-to-month access, with monthly charges being made each renewal day (the same day of the month that you originally signed up for the plan). Monthly plans automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month.

11.3 Annual plan billing.

Our annual plans provide year-to-year access and a substantial savings over the month-to-month plan. Annual charges will be made each renewal date (the same date of the year that you originally signed up for the plan). Annual plans automatically renew every year thereafter. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-current year.

11.4 Failed charges; Suspension.

If your credit card on file is closed or the Account information is changed, or if, for any reason, a charge is rejected, you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with appropriate information, then we will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. You agree to notify us in writing of any changes to your Account information or termination of any authorization at least thirty (30) days prior to the immediately subsequent billing date. In the event payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. We may, without liability to you, disable the password, Account and access to all or part of the Services if any fees are not paid within forty-five (45) days after such fees first becoming due and payable under the Terms. In the event of the foregoing, we shall not be obligated to provide any and/or all of the Services until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.

11.5 No Refunds.

Customer will timely pay us all fees associated with its Subscription Plan, Account or use of the our Services, including, but without limitation, by Authorized Users. Customer’s payments are non-refundable except as expressly provided in these terms. Charges for pre-paid Subscription Plans will be billed to Customer in advance. Charges for per-use purchases and standard Subscription Plan charges will be billed in arrears unless otherwise specified in the Subscription Plan

Invoices: We will provide billing and usage information in a format we choose, which may change from time to time. We reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. Customer agrees to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If Customer does not bring such problems/discrepancies to our attention within thirty (30) days, it agrees to waive its right to dispute such problems or discrepancies.

Billing Cycles: Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and/or proration. Customer agrees that we may (at our option) accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle, and that we may delay obtaining authorization or payment from Customer’s payment card issuer until submission of the accumulated charge(s).

Tax Responsibility. All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on our net income (collectively, “Taxes”). Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the our Services. Taxes shall not be deducted from the payments to us, except as required by law, in which case Customer shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. Customer hereby confirms that we can rely on the name and address set forth in its registration for a Subscription Plan as being the place of supply for sales tax purposes.

11.6 Free Trial

If you register for a free trial, promotional offer or other type of limited offer for use of our Services (“Free Trial”), you may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into these Terms by reference and are legally binding.

We reserves the right to reduce the term of a trial period or end it altogether without prior notice.

The version of the our Services that is available for a Free Trial may not include or allow access to all features or functions. Any data that a customer enters into our services, and any configurations made by or for a customer, during the free trial will be permanently lost at the end of the trial period unless the customer: (a) purchases a subscription plan to effyDoc services that is equivalent to or greater than those covered by the trial; or (b) exports such data before the end of the trial period.

12. No legal assistance

The Services do not provide legal advice and we is not a law firm. Part of the Services offered by us may involve the making of contracts, and/or other legal relations by our customers and although we attempt to make sure our information is accurate and useful, we recommend you consult with a lawyer if you want legal advice. We do not offer any legal advice, legal opinions, recommendations, referrals, and/or counseling. We are not involved in agreements between you and other users.

12.1 Local Laws.

The use of the Services may be governed by the laws of different countries or regions, and you agree to abide by such local laws. You agree that your use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations. We does not vouch and take guarantee for doing any of these checks and its upto the customer to take necessary legal opinion before sending any documents to parties or clients in those countries, to check the legality of the sent document.

12.2 Electronic Communications

By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non waivable rights.

13. Prohibited user content

13.1. You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that:

(a) is unlawful and/or promotes unlawful activities;

(b) defames, harasses, abuses, threatens, or incites violence towards any individual or group;

(c) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;

(d) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;

(e) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;

(f) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;

(g) impersonates any person or entity, including any of our employees or representatives; and/or

(h) violates the privacy of any third party

14. Review of user content by Us

14.1. Enforcement.

We cannot and does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behavior of users of User Content and/or the Services. We may, but shall not be obliged to, review, either by manual and/or automated means, all User Content which is and/or may be uploaded on this Services, and monitor and/or review any areas of this Services where users transmit and/or post communications or communicate with each other or us (as applicable). We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person. Such action may include without limitation removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

14.2. User Content Liability.

We shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access and/or otherwise. You are encouraged to retain a back-up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content. We reserves the right to deny access to this site and delete User Content at any time without notice.

15. information security and personal data

15.1 Customer Responsibilities.

We provide Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete Document in the System. Customer is responsible for properly: (a) configuring our services ; (b) using and enforcing controls available in connection with us (including any security controls); and (c) taking such steps, in accordance with the functionality of our services , that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to us , controlling Customer Data that is Processed by us and controlling the archiving or deletion of Document in the System. Customer acknowledges that we have no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of our services or site (e.g., offline or on-premise storage).

15.2 Information Security. We will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.

15.3 International Data Transfers. If Customer is established in the European Economic Area or Switzerland ("EEA"), it acknowledges and agrees that we may transfer Customer Data, including without limitation Personal Data, outside of the EEA for processing. Upon Customer’s explicit written request, we may execute Standard Contractual Clauses approved by the European Commission for the benefit of the Customer ("Customer SCCs") in order to ensure adequate protection for the Personal Data in accordance with the requirements of Articles 25 and 26 of the EU Directive. We represent that it has applied for approval of its Binding Corporate Rules (“BCRs”) for Processors. Customer acknowledges that we have applied for approval for BCRs for Processors and that, with effect from the date that our BCRs are approved by the competent data protection authority and notice from us all transfers of Personal Data made by or to us under these Terms shall be conducted under, and in full compliance with, our BCRs, and any applicable Customer SCCs shall immediately terminate. These Terms “Personal Data”, “Process/Processing”, “Controller”, “Processor”, “Subprocessor”, and “Data Subject” will have the meanings ascribed to them in the EU Directive.

16. Accounts & organizational administration

16.1 Each Account is associated with a single email address. If the domain of the primary email address associated with an Account is owned by a business or other organization (“Entity”) and was assigned to Customer as an employee, contractor or member of the Entity, such as yourname@yourcompany.com or yourname@nonprofit.org (“Entity Email Address”), Customer grants that Entity and its administrator(s) permission to: (a) identify Accounts created with an Entity Email Address; and (b) restrict or terminate access to an Account created with an Entity Email Address. Customer acknowledges and agrees that we may assist Entity with such administration.

17. Customer Warranties.

Customer hereby represents and warrants to us that: (a) it has all requisite rights and authority to use the our Services under these Terms and to grant all applicable rights herein; (b) it is responsible for all use of the our Services associated with its Account; (c) it is solely responsible for maintaining the confidentiality of its Account names and password(s); (d) it agrees to immediately notify us of any unauthorized use of Customer’s Account of which it becomes aware; (e) it agrees that we will not be liable for any losses incurred as a result of a third party's use of its Account, regardless of whether such use is with or without its knowledge and consent; (f) it will use the our Services for lawful purposes only and subject to these Terms; (g) any information it submits to us is true, accurate, and correct; and (h) it will not attempt to gain unauthorized access to the System or our Services, other accounts, computer systems, or networks under the control or responsibility of us through hacking, cracking, password mining, or any other unauthorized means.

18. Confidentiality.

Confidential Information. “Confidential Information” means Customer information, whether of a technical, business, or other nature, that is contained in Document. Confidential Information does not include any information that: (a) was known to us before receiving it from the disclosing party; (b) is independently developed by us without use of or reference to any Confidential Information of the other party; (c) is acquired by us from another source that did not receive it in confidence from the other party to these Terms; or (d) is or becomes part of the public domain through no fault or action of ours. All information provided to us that is not Confidential Information will be treated in accordance with the our Privacy Policy (https://www.effyDoc.com/privacy.php).

19. Links

The Services may integrate with and/or provide links to various other independent third-party products and/or services (“Linked Sites”) that may be of interest to you and are for your convenience only. We does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. We reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

20. Miscellaneous

20.1. Entire Agreement; Conflict.

Unless otherwise agreed to by us and you in writing, the Terms (including without limitation the terms and conditions set forth herein and our operating rules, policies and/or procedures as described above) constitutes the entire agreement between us and you concerning the subject matter hereof.

20.2. Governing Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Services will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions.

20.3. Arbitration.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules (“Rules”) of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Terms shall be entitled to costs and attorneys’ fees. You can opt-out and decline this agreement to arbitrate by contacting us within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted the Terms).

(a) Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and effyDoc waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

(b) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this section 16.3 must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. In the event that this Section is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in San Francisco, California.

20.4. You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such purpose.

20.5. Severability.

If any part of the Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.

20.6. Assignment.

You may not assign your rights under the Terms to any other party without our prior written consent; we may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

20.7. Force Majeure.

Except for payment obligations, neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, shortages, riots, fires, acts of God, war, strikes, terrorism, and governmental action.

20.8. Survival.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

20.9. No Waiver.

No waiver by either you and/or us of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.

21. Indemnity and waiver

21.1. Indemnification.

You will defend, indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Services or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence and/or (vi) your interaction with any other user. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of ours. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

21.2. Waiver.

You hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (a) the Services; (b) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (c) the conduct, whether online or offline, of any user; (d) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Services users’ communications.

If you are a california resident, you hereby waive california civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”