Terms of Service

By using the docAssist service ("Service"), the user/customer ("Customer") is agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service will not be modified, amended or altered without the prior written consent of the Customer, which will be presumed to have been granted unless the Customer provides written objection to such changes within two calendar weeks after receiving notice of proposed changes from docAssist. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to the Terms of Service. Continued use of the Service after any such changes will constitute Customer's consent to such changes.

These Terms of Service governs the Customer's use of the docAssist Service. These Terms of Service constitute the entire agreement between the Customer and docAssist, superseding any other agreements between the Customer and docAssist.

General and Acceptable Use Policies (AUP)

1. An account includes only one session per user – attempts to automate, create multiple login sessions, or other bypass of "per user" operations of the system is prohibited.
   
   
2. Customer is responsible for maintaining the security of their account and password. docAssist will not be liable for any loss or damage from Customer's failure to comply with this security obligation. The foregoing limitation shall not apply to (i) actual damages incurred by Client as a direct result of the criminal or fraudulent acts or willful misconduct of docAssist or any of its employees.
   
   
3. Customer is responsible for all content posted and activity that occurs under their account, except to the extent content posted or such activity occurs due to a third party breach of security not caused by Customer's negligence. Customer represents and warrants that all content - information, images, files, data and any other content – stored in their docAssist account is solely the responsibility of the customer.
   
   
4. Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws). Violation of any of these agreements will result in the termination of Customer's account. While docAssist prohibits such conduct and content on the Service, Customer understands and agrees that docAssist cannot be responsible for the content posted on the Service and the Customer nonetheless may be exposed to such materials. Customer agrees to use the Service at their own risk.
   
   
5. Customer represents that all data uploaded, managed and stored in their account does not violate the copyright, trademark or patent restrictions, nor does it violate any criminal, civil or any other governmental statutes or provisions of the area or country in which the customer resides as well as the State of Florida.
   
   
6. Any publishing, sharing or other activities which allow public access to view, modify or otherwise utilize the docAssist service are prohibited.
   
   
7. Any external automations, programs or systems that utilize the docAssist system without a specific partner or integration agreement with docAssist, or utilize non-approved methods, channels, endpoints or systems, are strictly prohibited.
   
   
8. Any action by a user that has violated any of the Acceptable Use Policies or attempts to bypass monitoring, control, security or any other system functions will be considered by docAssist to be a breach of the Terms of Service.

1. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused, or for unused login accounts or services.
   
   
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer will be responsible for payment of all such taxes, levies, or duties.
   
   
3. For any upgrade or downgrade in plan level, the Customer's credit card provided upon commencement of service (and periodically updated by Customer) will automatically be charged the new rate at the next billing period. If a credit card is not on file, an invoice will be sent to the Customer with NET 5 day payment terms. However, Customer's account must be prepaid for contracted services at all times.
   
   
4. Customer is responsible for paying all fees and charges (plus applicable taxes) associated with their use of the Service as such fees become due and payable. Unless otherwise stated in writing from docAssist, Customer agrees to be billed in advance for all recurring and one-time charges, including (but not limited to) fees associated with professional services to onboard customer, data export services, termination assistance services, or any other docAssist services ordered by Customer. Except as otherwise provided in this Agreement, all fees and charges are non-refundable.
   

Cancellation and Termination

1. Absent written notice by Customer to docAssist disputing any invoice within 30 days after receipt by Customer of such invoice, all of Customer's content will be deleted after 60 days from the service cancellation or account expiration due to non-payment. Within the subsequent 30 day period, Customer may request copies of the content that has been submitted and stored on the docAssist site. Such content copies will be provided to Customer via appropriate media, including images as well as a file with associated metadata indices and tags. After 60 days, docAssist may be unable to provide copies of such data.
   
   
2. If Customer cancels the Service before the end of their current paid timeframe, cancellation will take effect immediately, but Customer will not be issued a prorated refund.
   
   
3. docAssist reserves the right to suspend service in the event of non-payment, but only upon 30 days prior written notice to Customer. docAssist agrees that it will not suspend service in the event that the Customer has a communicated dispute, has been in regular contact with docAssist customer service regarding such dispute, and is attempting to negotiate such dispute in good faith. Notification via email constitutes written notice.

Modifications to the Service and Prices

1. Prices of all Services, including but not limited to subscription and usage fees for docAssist Service, are subject to change upon 30 days notice from docAssist. Such notice may be provided at any time by posting the changes to our docAssist website (www.docassist.com) or the Service itself. For customers who have prepaid for service either quarterly or annually, their pricing will not be subject to change until expiration of such prepaid time frame.
   
   
2. In the event Customer breaches its payment obligations as set forth herein, docAssist will not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. docAssist claims no intellectual property rights over the material Customer provides to the Service.
   

Other General Conditions

1. Customer's use of the Service is at their sole risk.
   
   
2. The Service, consisting of access to a browser based document management application, content and/or other information, and other content owned or licensed by docAssist and/or its suppliers, licensees or other third parties (collectively, the "Contributors"), is provided by docAssist.
   
   
3. docAssist hereby grants to Customer (and Customer hereby accepts) a non-exclusive, non-transferable license to access and use the Service for a period of either three months (quarterly) or one year (annually) from the date the Customer's payment is received by docAssist. Such license will renew upon receipt by docAssist of Customer's quarterly or annual payment for each respective renewal term.
   
   
4. It is hereby understood and agreed that as between docAssist and Customer, docAssist is the owner of all rights, title and interest, including all Intellectual Property Rights (as defined below), to the Service, the Site, and any comments, suggestions, ideas, graphics, questions or other information submitted by Customer through the Site or the Service will be without compensation to Customer or anyone else.
   
   
5. Technical support is only provided to account holders in good payment standing.
   
   
6. Customer must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, docAssist.
   
   
7. Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by docAssist.
   
   
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any docAssist customer, employee, member, or officer will result in immediate account termination.
   
   
9. Accounts that are part of docAssist's "Storage" program allow for an unlimited number of documents to be stored in your account at no additional charge subject to docAssist's "fair usage" policy, which provides that if any one customer's storage significantly exceeds the average storage usage per user of other docAssist customers as determined solely by docAssist, docAssist reserves the right to charge for additional storage fees according to our standard storage fee policy in effect. In the event that the Company's storage requirements exceed 500 GB, docAssist will contact the Customer to assess their prospective storage requirements and develop a plan to manage such future requirements, which may include document destruction, payment for further data requirements or other arrangements.
   
   
10. docAssist does not warrant that (i) the service will meet Customer's specific requirements, or (ii) the service will be uninterrupted or error-free.
    
    
11. Neither Customer nor docAssist will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if docAssist has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of Customer's transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of Customer's account; or (vi) any other matter relating to the service or Customer's breach of these Terms of Service.
    
    
12. The failure of either Customer or docAssist to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
    
    
13. docAssist agrees that during and subsequent to the termination of Customer's account, docAssist will not use or release or divulge or make known for any reason or purpose to any third party, any information regarding Customer or any activity or information posted under Customer's account unless authorized by Customer in writing.
    
    
14. Questions about the Terms of Service should be sent to support@docAssist.com.