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Doculife Terms Of Use

v0.4 20190624

1. Introduction

Doculife (“we” or “Doculife”) is operated by Doculife Global Incorporated.

We provide and maintain a website (“Site”) and mobile application (“App”) for the secure storage of documents and other digital objects by subscribers to our services (“you” or “User”). In these terms the services comprise your access to our Site and App and the facilities we provide in connection with secure document and other digital object storage and related services (“Services”).

The Services and use of the Site and App are provided to you subject to the terms and conditions set out in these terms of use (“Terms of Use” or “Agreement”) and our Privacy Policy, and any other rules and policies set out on the Site. The Terms of Use below and any other rules or policies set out on the Site comprise the entire agreement between you and Doculife and supercede all prior agreements between us.

2. Acknowledgment and Acceptance

Please read the Terms of Use carefully. By completing the registration process, accessing or using the Services you accept and agree to comply with and be bound by these Terms of Use.

3. User Responsibilities

You use the Site, App and the Services at your own risk. We are not in any way responsible for your activities, documents or other digital objects stored or any other matter concerning your use of the Site, App or the Services.

During each subscription period each User is entitled to store and retrieve documents using the Site, App and Services and to review usage reports for that subscription period and any prior consecutive subscription periods.

4. Modification to Services Provided; Terms of Use

You acknowledge and agree that we may, with or without notice, modify the Services and/or the App and/or the Site during any subscription period. Further, we may modify these Terms of Use, including the fees we charge for the Services for any future subscription periods or subscription events. Modifications of the Service may include, without limitation, changes in the maximum allowable storage space, maximum allowable storage instances, the number of document beneficiaries, the available set of escrow agents, the fees charged by ourselves or by authorised third parties.

We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, we may terminate your subscription or other use at that time. Your continued use of the App, and/or Site and/or the Services after notice is posted (or we send you an email) is deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

5. Payment Terms; Renewal; Cancellation

You agree to pay a fee for access to the Services on or prior to the commencement of each subscription period or subscription event. On each subscription renewal we may change the fees and charges then in effect, or add new fees or charges, by giving Users advance notice.

You may renew your subscription by payment of the then subscription fee. You may cancel your subscription at any time by logging in to your account. On receipt of your cancellation request, we will promptly terminate your access to the Services. No refunds of subscription fees will be given.

During the 30 day free trial period, and for up to 365 days after the completion of the trial, you agree that Doculife (or its agents or partners, if any) may contact you to assist with your trial, conversion and retention.

6. User Registration, Passwords

During registration by a User, the User must provide current, complete, accurate information in the registration section of the App and/or Site and/or Services.

Our Service is not directed to individuals under 18. We do not knowingly collect personal information from users under the age of 18. If you become aware that a minor has provided us with personal information, please contact us at support@doculife.com If we become aware that a minor under 18 has provided us with personal information, we will take steps to delete such information.

You will further update and keep that information current as needed. We will provide each registered User a unique link to login to the App and/or the Site and/or Services. Each User is solely responsible for maintaining the confidentiality of their login and account information. You will notify us of any unauthorised activity, or any other breach of security you become aware of.

You must not share your login or password with others. Sharing login information is a violation of this Agreement and may result in immediate termination of your account.

In connection with each document or other digital object stored using the Services you may nominate a beneficiary for that document and release conditions for that document. The User is responsible for ensuring the accuracy of information provided regarding a nominated beneficiary. If you do not nominate a specific beneficiary then the default beneficiary and default document or other digital object release conditions you nominated on registering to use the Service will apply for that document or other digital object.

For each document or other digital object stored in the Service a beneficiary key will be generated to be retained by the User and provided to the beneficiary for that document or other digital object.

7. Retrieval by Beneficiary

If release conditions occur in relation to a document or other digital object the beneficiary for that document or other digital object may apply to the applicable escrow agent for release of the contents. Subject to satisfaction of the release conditions and the User or beneficiary having a current subscription for the use of the Service, the escrow agent will release the public key for the document to the beneficiary. The public key together with the beneficiary key can be used by the Beneficiary to obtain access to the document. Each User and beneficiary is responsible for maintenance of beneficiary keys for each document stored using the Services.

8. Unauthorised Uses

You agree not to:

  1. use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services;
  2. take any action to interfere with the Site or an individual’s use of the Site, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” the Site;
  3. send or transmit any viruses, corrupted data, or any other harmful, disruptive or destructive code, file or information, including, without limitation, spyware;
  4. nor allow others to use the following: network probing tools, password guessing programs, packet sniffers, cracking tools or any other tool for the purpose of hacking Doculife’s network security;
  5. collect any personally identifiable information of or about any other user of the App and/or Site and/or Services;
  6. send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
  7. forge or otherwise mask your true identity;
  8. frame a portion(s) of the App and/or Site and/or Service within another website or alter the appearance of any App and/or Site and/or Service;
  9. establish links from any other website to any page of, on or located within the App and/or Site and/or to the Services, without the prior express written permission of Doculife;
  10. post or transmit any threatening, libellous, defamatory, obscene, profane, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws including but not limited to the Children’s Online Privacy Protection Act or encourage bodily harm;
  11. engage in any fraudulent activity, including, without limitation, masking or forging your identity, submitting false information during the registration process, or providing false or misleading information regarding payments of fees;
  12. reverse engineer any aspect of the App and/or Site and/or Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilised to prohibit, restrict or limit access to any webpage, content, code or document, except as expressly permitted by Applicable Laws;
  13. engage in any criminal or illegal act(s);
  14. use Restricted Content in violation or breach of these Terms of Use; or
  15. encourage and/or advise any individual, including, without limitation, any Doculife employee, to commit any act(s) prohibited under these Terms of Use.

You acknowledge and agree that Doculife will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).

Failure by you to comply with these requirements will result in immediate termination of your account

9. Restricted Content

In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Doculife and/or Doculife’s partners and/or licensors. Restricted Content is and remains the sole and exclusive property of the owner of the Restricted Content. You do not obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Doculife. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to us, we reserve the right to terminate, prohibit or restrict your use of or access to the App and/or Site and/or Services.

10. User Content

You are solely liable and responsible for all documents and other digital objects you store in connection with the App and/or Site and/or Services (“User Content”). You are solely responsible for all third party approvals, consents and/or authorisations required for User Content.

You are solely responsible for the User Content, Doculife does not and cannot review User Content and Doculife is not in any way responsible for the User Content.

Doculife reserves the right at all times and more particularly if we are required to do so by any regulatory body, state, territory or country law to monitor your activity and use of the App and/or Site and/or Services to ascertain if there has been any misuse or breaches of our Terms or breaches by you of any laws.

By accepting the Terms, you indemnify Doculife of any liability for User Content in perpetuity.

11. Privacy

Doculife is committed to protecting the privacy and confidential information of Users. Please click here to see our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

12. Anti-Spam Policy

You will not engage in any spamming activities in your use of the App and/or Site and/or Services. You warrant that you have either an ongoing relationship with or have obtained consents to send emails inviting beneficiaries with access to documents or other digital objects if release conditions are satisfied.

You warrant that your use of the App and/or Site and/or Services will not violate any applicable law prohibiting or discouraging unsolicited mail, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037).

If you engage in any unlawful spamming activity we will report such conduct as required by law and turn over all information, including personal information, to appropriate law enforcement persons or entities.

We will terminate the account of any User determined to have used the App and/or Site and/or Services in connection with spam email or otherwise breached these Terms of Use.

13. Proprietary Rights

Doculife owns the content including the graphics, names, text, software, page layout, design, processes, procedures, logic flow or other material contained in the Service, App and the Site. No one may copy, reproduce, distribute in any way, decompile, reverse engineer or disassemble the Site and App content. Users are permitted a limited licence to use the content of the Service and the App and the Site strictly in accordance with the permissions in the User account or as otherwise set out in these Terms of Use. While your account is active you will have the right to access your documents or other digital objects. Modification of Doculife’s content in any prohibited way is a violation of copyright and other proprietary rights.

14. No Misappropriation or Misuse of Names, Marks, other Proprietary Material

You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service, App or the Site. If you use such proprietary material or content, by doing so, you warrant that you have the rights and authority to do so.

15. Confidentiality

Each of the User and Doculife must not, without the prior written approval of the other party, disclose the other party’s Confidential Information.

A party is not in breach of this paragraph in circumstances where it is legally compelled to disclose the other party’s Confidential Information.

Despite any other provision of this paragraph, Doculife may disclose the terms of a User’s subscription to its related parties and escrow agents as required to ensure the provision of the Services to a User but must ensure that every person to whom that disclosure is made solely for the purposes of advising or reporting to Doculife.

16. Links and Advertisers

This Site contains links to third party sites including without limitation escrow agents contracted to provide services to Doculife. Doculife is not responsible for the condition or the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Doculife does not represent that the content or services available from third party sites are appropriate or available for use in all places or under all conditions. If you access other content or services from third party sites, Doculife is not responsible for your compliance with local laws or other applicable laws.

17. Content Disclaimer

You agree that in relation to access to the Site or Services and use of the App, Doculife does not, nor does any other party, make any warranty as to the accuracy or reliability of the Services or App. As a user of the Services, Site and App, you should make your own enquiries before using the Services. To the extent permitted by law, Doculife and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Site, Services and App whether or not this is caused by a negligent act or omission. To the extent that Doculife is prohibited at law from excluding its liability, Doculife and each party responsible for the Site, Services and App limits its liability to the extent permitted by law, to an amount equal to the then subscription fee for the use of the Services or the re-supply of the Services. Doculife does not accept responsibility for any liability in respect of access to other content through the use of the Site, App or the Services.

18. Indemnity

You must indemnify and hold harmless Doculife or its employees contractors and agents and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

  1. any breach by you of these Terms of Use; or
  2. reliance by you on any information obtained through your access and/or use of Site, App and the Services.

19.     Termination

Failure by you (or others that use your account) to comply with Doculife’s Terms of Use may result in immediate termination of  Services without notice to you.  Doculife also reserves the right to remove any material stored that may be in violation of Doculife’s Term of Use contained herein.

20. Nature of Agreement

These Terms of Use are the entire and only agreement between you and Doculife and supercede any prior or other understandings, representations or warranties including, but not limited to, any purchase orders, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site, App or Services. You agree that each use of the Services, App and the Site reaffirms your acknowledgement and agreement to the most current version of these Terms of Use.

21. General Provisions

The failure by Doculife to enforce any right or provision under these Terms of Use does not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions remain in full force and effect.

22. Applicable Law

The Site (excluding any linked third party sites), Services and App are controlled by Doculife. By accessing the Site and using the Services and App, you accept that any disputes about the Site, Services, App or the Content are to be determined by the courts having jurisdiction in California, United States of America in accordance with the laws in force in California (subject to the application of any principle of conflict of laws inconsistent with this requirement). This Site may be accessed throughout the United States of America and overseas. Doculife makes no representation that the content of the Site or provision of the Services or App complies with the laws (including intellectual property laws) of any country outside United States of America. If you access this site from outside United States of America, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.