Terms of Service

Dossplorer Terms of Service

Last modified November 7, 2017

Welcome to Dossplorer!

Thank you for using our products and services (“Services”). This is an agreement between you and Dossplorer (together with its affiliates, “Qdoor B.V.”, “we” or “us”). The Services are provided by Qdoor B.V., located at Julianastraat 11, 5141GL, Waalwijk, The Netherlands.

Using our Services

By using our Services, you acknowledge that you have read, understood and agree with the terms, conditions and notices of these Terms of Service. If you are accepting these terms on behalf of an organization you certify to be duly authorized to bind the organization to these terms. These Terms of Service are used in conjunction with the Dossplorer Privacy Policy and Acceptable Use Policy.

By clicking on the “I agree” (or similar) button that is presented to you at the time of your order, or by using, registering for, or accessing the Services described herein, you indicate that you are duly authorized to form an agreement with Dossplorer to these terms and are agreeing to be bound by these Terms.

Access to the Services

The Services are made available by Dossplorer for your use on a non-exclusive basis in accordance with these Terms and all applicable laws. Your use includes allowing you to transmit, store, share, retrieve, and process Your Content through the Services solely through an Account registered to you. All use of the Services by you must be within the Scope of Use (defined below), for the quantity and User type for which you have paid, and solely for the benefit of you or your Affiliates. Finally, our Services are not intended for and may not be used by people under the age of 13.

We may suspend or stop providing our Services to you in case you do not comply with the terms or policies or if we are investigating suspected misconduct.

Software provided for use with the Services

Subject to your continued compliance with these Terms, we grant you the non-exclusive, nontransferable, worldwide personal license to use software provided by Dossplorer as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dossplorer, in the manner permitted by these terms. It is forbidden without written prior consent of Dossplorer to copy, translate, modify, distribute, sell, or lease any part of our Services or included software. You may not reverse engineer, decompile, disassemble or attempt to access the software code or create derivative works from the system, unless laws prohibit those restrictions or you have our written permission. A claim to receive the source code is excluded.

You acknowledge that, from time to time, we may issue updates to the Database (for example, to address security vulnerabilities, upgrade the protocol, improve usability or performance, and upgrade features). All updates to the Software will be subject to the terms and conditions of this Agreement.

Ownership and intellectual property

The Services are protected by copyright. This copyright also includes the software code, documentation, appearance, structure and organization of the software files, brands, logos and other forms of representation within our Services. The copyright and intellectual property is not limited to the standard products and services but also includes any bespoke software created on your request.. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Updates to the Services and subcontracting

We reserve the right, in our sole discretion, to change, update, or enhance the Services as well as support for the Services at any time including to add functionality or features to, or remove them from, the Services. We may also suspend the Services or stop providing the Services all together. In that case, support for the Services may also be suspended or terminated. In case of a suspension of the Services any credits remaining on your company balance will be refunded to you.

Dossplorer may subcontract any portion of the work on any item subject to this agreement, but Dossplorer’s obligations and rights hereunder shall not thereby be limited or affected.

Up- and down times / warranty

Dossplorer warrants to you that commercially reasonable efforts will be made to maintain the online availability of the service permanently (excluding scheduled outages, force majeure and outages that result from any customer technology issues). The functionality or features of the service may change but will not materially decrease during a paid term.

Customer claims against Dossplorer, which result from the non-availability or non-functioning of the system, for whatever reason, are excluded. Dossplorer warrants to you the online availability of the service as per the performance indicators below:

Platform uptime: 99,0%
Platform availability: 24/24 hours per day and 7/7 days per week
Platform Recovery Time: Objective in case of disaster recovery activation: 24 hours
Platform Recovery Point: Objective in case of disaster recovery activation: 24 hours

These performance indicators do not apply to systems or system components installed on-premise at the customer because availability, uptime and recovery of these systems are beyond the control of Dossplorer. The availability of the service for systems or system components installed on-premise falls under your own responsibility

Your contents

When you use our Services, you may provide us with data like your documents, comments, metadata, user- and contact details and so on (“Your contents”). Your contents will remain yours and these terms do not give us any rights to Your contents, except for the limited rights that enable us to offer you the Services.

We need your permission in order to provide services like hosting and storing Your contents. Our Services also provide you with features like commenting, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your contents. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with. This permission continues even if you stop using our Services. Make sure you have the necessary rights to grant us this permission for any content that you submit to our Services.

Dossplorer does not monitor any of Your Contents transmitted or processed through, or stored in, the Services and have no obligation to do so.

Your Responsibilities

You are responsible for Your contents and you and Your contents must comply with our Acceptable Use Policy. We are not responsible for the content people upload and create via the Services. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

You agree that you will maintain appropriate security, protection and backup copies of Your Contents, which may include (A) the use of encryption technology to protect the Content from unauthorized access and (B) routine archiving of the Content. Dossplorer will have no liability of any kind as a result of any deletion, loss, correction, or destruction of Content or damage to or failure to store or encrypt any Content.

You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Notices from You regarding Unauthorized Use.

You agree to notify us promptly in writing when you become aware of any unauthorized use of an Account, Your Contents or the Services, including if you suspect there has been any loss, theft or other security breach of your password or user ID. If there is an unauthorized use by a third party which obtained access to the Services through you, whether directly or indirectly, you agree to take all steps necessary to terminate the unauthorized use. You also agree to provide Dossplorer with any cooperation and assistance related to that unauthorized use which we reasonably request.

Your Dossplorer Account

You need a Dossplorer Account in order to use some of our Services. You may create your own Dossplorer Account, or your Dossplorer Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Dossplorer Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Dossplorer Account, keep your password confidential and keep your account information current. You are responsible for the activity that happens on or through your Dossplorer Account. Don't share your account credentials or give others access to your account. Do not reuse your Dossplorer Account password on third-party applications.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, perform system upgrades and bug fixes and maintain our software. Whenever possible, system upgrades are performed outside of customer’s business hours. We will ensure that all data (documents, submissions, comments etc.) are maintained safely during an upgrade. Significant major changes to our Services will be announced at least 14 days in advance by email to your specified customer email account. You can object to the changes in writing or by email.

Error fixing of the Dossplorer standard services (software and infrastructure) is provided without additional costs as part of the license fee. Any bespoke changes to the software or error fixing of bespoke modifications is not included within the license fee. All other services (such as technical assistance, configuration, user training in addition to the initial training, regulatory services) are not part of the support services. If Dossplorer provides extended support services free of charge for goodwill reasons, it can result in no legal claim. You acknowledge that Dossplorer support staff may access the your database instance solely to perform support services. You may deny this right at any time in writing to Dossplorer.

Terminating our Services

You can stop using our Services at any time, although we’ll be sorry to see you go. Dossplorer may also stop providing Services to you, or add or create new limits to our Services at any time.

We are entitled to suspend or stop a Service altogether. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Privacy and Copyright Protection

Dossplorer’s privacy policies (see https://dossplorer.com/Home/Privacy) explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Dossplorer can use such data in accordance with our privacy policies.

Fees and Payment

You agree to pay, using a valid credit card (or other form of payment which we may accept), the charges and fees as set forth on our website (collectively, “Fees”), Taxes (as defined below), and other charges and fees incurred for the Services. You will pay Fees in the currency we quoted for your account (and we reserve the right to change the quoted currency at any time).

We will automatically subtract credits from you company balance at the start of the billing period and at the start of each month. Except as specifically set forth in this Section, the Services are prepaid and are non-refundable.

Fee increase

We will not actively notify you in advance if we increase Fees or institute new charges or fees. Any increase in Fees will be set forth on our website and take effect immediately. For example, if you pay to buy extra credits for the use of the Services these may be charged at the new price as set forth on our website. If you don't agree to these changes, you must cancel and stop using the Services.

Invoicing

You agree to keep all information in your account current and inform us in writing in case of any changes. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. In the event that we invoice you, then all fees will be due and payable upon receipt. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. In addition, we may suspend your access to the Services or cancel the Services if your billing account is past due.

Taxes

Fees are exclusive of Taxes and you will pay or reimburse Dossplorer for all Taxes arising out of these Terms, whether assessed at the time of your purchase or are thereafter determined to have been due. For purposes of these Terms, “Taxes” means any sales, use and other taxes (other than taxes on Dossplorer’s income), export and import fees, customs duties and similar charges applicable to the transactions contemplated by these Terms that are imposed by any government or other authority.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither Dossplorer nor its suppliers or distributors make any specific promises about the services. For example, we do not make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is, with all defects”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Services

When permitted by law, Dossplorer and Dossplorer’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Dossplorer, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).

In all cases, Dossplorer, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Dossplorer and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Support

Monday to Friday from 8.00 to 17.00 Central euopean time. Tickets can always be send via portal or to info@dossplorer.com.
Customer must report any error immediately with an exact description of the problem.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on our website. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Dossplorer and you. They do not create any third-party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the Netherlands will apply to any disputes arising out of or relating to these terms or the Services. You expressly agree that exclusive jurisdiction for any claim or dispute with Dossplorer or relating in any way to your use of the services resides in the Courts of the Netherlands and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Netherlands in connection with any such dispute including any claim involving Dossplorer or its affiliates, employees, contractors, officers, directors, and content providers.

Other Terms

Your use of the Services is governed by other terms and conditions in addition to these Terms of Service, including the Dossplorer Acceptable Use Policy and Dossplorer Privacy Policy, and may be subject to laws and regulations in your jurisdiction.