MyDocSafe Terms of Service

Last Modified: 21/01/2020

Thank you for using MyDocSafe! These terms of service (the “Terms”) govern your access to and use of MyDocSafe (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. MyDocSafe is the trading name of DocSafe Limited.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and also promising that you have the authority to bind that organisation to these terms. In that case, “you” and “your” will refer to that organisation.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with MyDocSafe and are not barred under any applicable laws from doing so. The Services may continue to change over time as we plan to refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Stuff & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to MyDocSafe (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to, unless bound by a court order. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that MyDocSafe has no obligation to monitor any information on the Services.We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing Your Stuff
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. MyDocSafe has no responsibility for that activity.

Your Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not MyDocSafe, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

You must not upload spyware or any other malicious software to the Service. You, and not MyDocSafe, are responsible for maintaining and protecting all of your stuff. MyDocSafe will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify MyDocSafe of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to MyDocSafe, it is your responsibility to use a secure encrypted connection to communicate with the Services.

MyDocSafe Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom. These Terms do not grant you any rights to use the MyDocSafe trademarks, logos, domain names, or other brand features.

Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the MyDocSafe Acceptable Use Policy.

Copyright
MyDocSafe respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: DocSafe Limited, Bedford i-kan, 38 Mill Street, Bedford, MK40 3HD, Bedfordshire, United Kingdom dstachowiak@mydocsafehq.com

Other Content
The Services may contain links to third-party websites or resources. MyDocSafe does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination
Though we’d much rather you stay, you can stop using our Services any time. Please see the following paragraph for Subscription Terms. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Subscription terms.

  • Portal users
    Your subscription is already paid for by the company which invited you to the portal.  The service is therefore free to you.  You may choose to create an independent account for your own purposes which will then require you to sign up to a subscription plan.
  • Month-to-month
    Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. You have a 14 day free trial after which we will ask you to pay for the first month. Should you cancel after your free trial, your payment is non-refundable and your service will continue until the end of that month’s billing period.  Cancellations can be made any time by contacting MyDocSafe.  After your subscription expires the account will be suspended for 30 days and after that it will be permanently deleted.
  • Annual contract, prepaid 
    Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand.  You have a 14 day free trial. Should you cancel after your free trial, your payment is non-refundable and your service will continue until the end of your contracted term.  Cancellations can be made any time by contacting MyDocSafe. After your subscription expires the account will be suspended for 30 days and after that it will be permanently deleted.
  • Transaction fees, Pay-as-you-go customers  
    Some of our services are charged per transaction.  You will have to maintain a positive balance that you can use up against the transactions.  The balance has to be used up within 6 months of purchase.   If you cancel your account within that period we will refund the balance.   If you cancel after more than 6 months since the purchase of the balance, the balance will not be refunded.  Cancellations can be made any time by contacting MyDocSafe.
  • Transaction fees, month-to-month and annual contract   
    Some of our services are charged per transaction.  Your credit or debit card will be charged for accrued transactions in arrears on a monthly basis.   If you cancel your account, we will charge your card for unpaid transactions before the contracted term ends.  Note that your service will continue until the end of your contracted term.   Cancellations can be made any time by contacting MyDocSafe.

MyDocSafe is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MyDocSafe will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states in the United States of America do not allow the types of disclaimers in this paragraph, so they may not apply to you. Payments. Payments for MyDocSafe services shall be effected either by a credit or debit card or as a wire transfer, as the case may be. For payments in Poland: wire transfer services are provided by PayLane Sp. z o .o. with its registered office in Gdansk (80-387) at: ul. Arkońska 6, A3, Poland, incorporated and operating under the laws of the Republic of Poland, registered in the National Court Register kept by the District Court Gdańsk-North in Gdańsk, under Company number (KRS) 0000227278, with Tax ID no. (NIP) 586-214-10-89, statistic number (REGON) 220010531, share capital in the amount of PLN 585,000 (hereinafter referred to as “Paylane“). Please read the terms and conditions for use of Paylane online payment services which are available here: “Terms and Conditions of Paylane” (http://paylane.com/about/#legal) : http://paylane.com/about/#legal. (http://paylane.com/about/#legal).) You agree to be bound by these Terms and Conditions.

For payments outside of Poland: we use Avangate.com.

MyDocSafe does not store, process or collect any credit card details.

If you choose to subscribe to a monthly plan you agree to periodic withdrawals from your account (bank account, debit or credit card). We offer services for indefinite period of time. Should you wish to discontinue paying for our service you can do it at any time with a 30 day notice period by contacting us at support@mydocsafe.com, unless you agree otherwise.

If we offer you a promotion or an initial free period, we will tell you when we will start charging you for the service. You will then have an option to discontinue using our service.

We will process refunds through the same channel that was used to pay for the service.

Complaints must be fully, clearly and promptly described and submitted to support@mydocsafe.com. We will do all we can to respond within 5 business days.

Delivery policy

Upon receipt of your order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received, downloaded and delivered to you.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MyDocSafe, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MyDocSafe HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $5 OR THE AMOUNTS PAID BY YOU TO MyDocSafe FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. The laws of some jurisdictions may not allow the types of limitations in this paragraph, so they may not apply to you (either in whole or in part).

Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UK LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN BEDFORD, UNITED KINGDOM, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and MyDocSafe with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. MyDocSafe’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but MyDocSafe may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. MyDocSafe and you are not legal partners or agents; instead, our relationship is that of independent contractors.

END USER LICENCE AGREEMENT (EULA) – Onfido

You (“End User”) have entered into a contract (“Contract”) with DocSafe Limited (“Reseller”), for the supply of background checks services using software that is provided by Onfido Limited (“Onfido”) as more particularly described in the Contract (the “Services”).  Reseller is duly authorised by Onfido to resell the Services to the End User, subject to acceptance of this EULA by the End User.

Term This EULA shall remain in force for the term of the Contract unless terminated sooner in accordance with its terms (the “Term”) or the terms of this EULA.

Use of the Services

End User shall not: (a) use the Services in a manner that is illegal or causes damage or injury to any person or property; (b) act or omit to act in a way which interferes with or compromises the integrity or security of the Services; (c) access all or any part of the Services in order to build a product or service which competes with the Services; (d) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services. End User is responsible for maintaining the confidentiality of any password(s) or security routines it is given or sets to access and use the Services, and is fully responsible for all activities that occur under End User’s password(s) or security routines.  End User may download, view, copy and print content obtained from its use of the Services and make use the Services for legitimate, professional, informational, internal business operations purposes only; and not in any event for the reselling or otherwise making the Services available to any third parties. End User agrees that the Services and any related content may not be sold, transferred, sublicensed, commercially exploited or otherwise made available to, or used for the benefit of, any other party. In the event of a security breach or other exigent circumstances, Onfido reserves the right to immediately withdraw or suspend access to the Services.

Intellectual Property

All intellectual property rights and all other rights in the Services throughout the world belong to Onfido. In consideration of the fulfilment of the End User’s obligations in this EULA, Onfido licenses all such rights to End User free of charge during the Term on a non-exclusive, non-transferable, royalty-free worldwide basis to such extent as is necessary to enable End User to make use of the Services in accordance with this EULA and the Contract.

Data privacy

Onfido will only use any personal data collected through End User’s use of the Services  as set out in its privacy policy: https://onfido.com/privacy. Prior to using the Services, End User shall obtain the express consent of any and all persons whose identity is being verified by End User through the use of the Services (in accordance with applicable privacy laws) that it may obtain personal information about them in accordance with applicable privacy laws.

Termination

Onfido may terminate this EULA at any time by giving notice to End User in the case of: a material breach by End User of its terms; or the termination of the agreement between Onfido and Reseller for the supply of the Services to Reseller.

Limited warranty

Onfido does not warrant that any software or technology provided in connection with the Services will be entirely free from defects or that its operation will be entirely error free.

Limitation on liability

Onfido’s total aggregate liability in connection with this EULA and the licences granted hereunder shall be limited to £5,000.  Neither party to this EULA shall be liable for any loss of profit; loss of anticipated savings; loss or corruption of data; loss of reputation or goodwill; or special, indirect and consequential loss. Nothing in this EULA limits or excludes either party’s liability for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; or wilful misconduct. End User acknowledges and agrees that the veracity of any information received by Onfido in relation to the Services is the sole responsibility of the originator from which the content originated (for example, referees or data suppliers) and Onfido will not be liable for omissions in content or errors or false statements.  The Services are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Onfido to guarantee.  End User agrees that Onfido has no liability for any inaccuracy, incompleteness or other error in the Services which arises as a result of data provided by End User or any third party. End User shall assume sole responsibility for conclusions drawn from use of the Services.

Governing law and jurisdiction

This EULA shall be governed by English law and the courts of England shall have exclusive jurisdiction.