Terms

1. ACCEPTANCE OF TERMS

This document, herein referred to as Terms and Conditions, establishes a binding contract between you (an individual or an entity you represent) and DocuDive Ltd (referred to as “Company”, “we”, “our”, or “us”) regarding your use and interaction with the https://www.docudiveai.com/ website, and any associated platforms, applications, or media channels linked or affiliated with it (jointly, the “Platform”). Our official registration is in your locality, with our main office situated at your office address. By engaging with the Platform, you acknowledge that you have comprehensively reviewed and consent to these Terms and Conditions. SHOULD YOU NOT ACCEPT THESE TERMS AND CONDITIONS IN FULL, YOU ARE ADVISED TO CEASE USING THE PLATFORM IMMEDIATELY.

We might introduce supplemental terms or guidelines on the Platform, which are considered an integral part of these Terms and Conditions upon their posting. At our discretion, we may revise or update these Terms and Conditions. Any modifications will be signified by amending the “Last updated” timestamp on this document, and it’s your duty to revisit these terms periodically to remain informed about any changes. Continuation of Platform use after any updates implies acceptance of those revised terms.

Users of the Platform should be 13 years or older. If users are considered minors in their respective jurisdictions (typically those below 18), they need to obtain consent from, and be overseen by, their parent or guardian to access the Platform. Minors are expected to ensure their parent or guardian reviews and consents to these Terms and Conditions before engaging with the Platform.

2. OWNERSHIP OF CONTENT AND MARKINGS

Unless specified otherwise, the Site and its entire contents, including but not limited to, the underlying code, databases, features, software, design elements, audio, video, text, imagery (collectively known as the “Material”), and the emblems, logos, and trademarks embedded within (referred to as “Signatures”), are the exclusive property of DocuDive or are used under license. They are safeguarded by the intellectual property legislations, copyright, and trademark provisions of the United States, global copyright regulations, and international agreements.

The Material and Signatures are presented “AS IS” for your personal reference and consumption. As delineated in these Terms and Conditions, you are not permitted to duplicate, aggregate, republish, upload, showcase, encode, adapt, transmit, circulate, monetize, license, or use in any commercially-driven manner any segment of the Site, Material, or Signatures without obtaining our specific and written consent.

When engaging with the Site, you obtain a restricted authorization to access its content and to download or reproduce specific sections of the Material, provided it’s for your individual, non-business-related activities. All entitlements not explicitly conferred to you concerning the Site, Material, and Signatures remain with us. Any engagement with the Site that’s not in line with these Terms and Conditions constitutes a violation and could infringe on copyright, trademark, and other pertinent statutes.

3. USER ASSURANCES

By accessing and utilizing the DocuDive platform and its services, you affirm and guarantee the following: (1) the details you provide during registration are authentic, precise, up-to-date, and comprehensive; (2) you commit to maintaining the accuracy of this information and will make timely updates as required; (3) you possess the legal authority and will abide by these Terms and Conditions; (4) you are 13 years old or older; (5) you are not considered a minor in your place of residence or, if you are, you have secured parental consent to engage with the Site; (6) you won’t gain access to the Site using automated methods or non-human avenues, such as bots or scripts; (7) you pledge not to use the Site for illicit or unapproved activities; and (8) your interactions with the Site won’t breach any local laws or regulations.

If we find that the data you’ve shared is inaccurate, outdated, incomplete, or misleading, we reserve the discretion to pause or terminate your account and decline your present and future engagements with the Site or any part of it.

4. ACCOUNT CREATION

Registration might be necessary to access certain features of DocuDive. You commit to safeguarding your password, understanding that you are accountable for all activities under your account and password. DocuDive retains the authority to modify, retrieve, or replace any username you’ve chosen if we believe, at our sole judgment, that the username is unsuitable, offensive, or potentially contentious.

5. PAYMENT TERMS AND CHARGES

Accepted payment methods are:

1. Visa
2. Mastercard

Certain services offered by DocuDive may necessitate payment or an associated fee. It’s imperative that the purchase and account details you provide are up-to-date, comprehensive, and precise for all transactions conducted on DocuDive. Furthermore, you commit to swiftly updating all information, such as your email address, payment mode, and card expiry details, ensuring we can finalize your dealings and get in touch if necessary. Billing for DocuDive-based purchases occurs via an online account. Where applicable, we will incorporate sales tax into the total purchase price. We hold the discretion to revise our prices anytime. All monetary transactions will be processed in U.S. dollars.

By making a purchase, you consent to pay the specified charges or fees and grant us the authorization to levy these amounts from your designated payment method. For services that involve periodic billing, you give us permission to automatically process payments without seeking confirmation before each cycle until you declare your wish to terminate.

We maintain the authority to rectify any discrepancies in the stated prices, even post receiving or demanding payment. Furthermore, we hold the prerogative to decline any orders made via DocuDive.

6. CANCELLATION

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at [email protected].

7. SOFTWARE UTILIZATION

Software might be provided as part of our services. If this software comes with an end user license agreement (“EULA”), then the EULA’s stipulations will dictate your usage of that software. If there’s no accompanying EULA, DocuDive provides you a limited, retractable, individual, and non-assignable right to utilize the software exclusively in tandem with our services, adhering to these Terms and Conditions. All provided software, along with any associated materials, is delivered “as is”, without any express or implied guarantees, encompassing but not limited to warranties of merchantability, appropriateness for a distinct task, or non-violation. All responsibilities stemming from the use or functionality of any software lie with you. Redistributing or duplicating any software is permitted only as detailed in the EULA or under these Terms and Conditions.

8. RESTRICTED USES

Access to DocuDive is for the specific intents we facilitate. Commercial activities unrelated to those expressly backed or recognized by us are not permitted on DocuDive.

As a DocuDive participant, you commit to refrain from:

• Collecting data or content from DocuDive to establish or amass, directly or indirectly, any form of database, directory, or compilation without our explicit written consent.
• Deceiving, duping, or misleading us and other members, particularly in efforts to uncover confidential details like user passcodes.
• Bypassing or meddling with any of DocuDive’s security features, especially those that inhibit or limit content duplication or impose boundaries on DocuDive’s usage.
• Demeaning, discrediting, or causing harm to us, DocuDive, or its reputation, as determined by us.
• Utilizing information sourced from DocuDive to intimidate, torment, or inflict harm on others.
• Improperly leveraging our support offerings or reporting false instances of misbehaviour or maltreatment.
• Accessing DocuDive in ways that breach relevant laws or standards.
• Unsanctioned embedding or linking to DocuDive.
• Distributing or forwarding (or trying to distribute or forward) malicious elements, such as viruses or Trojan horses, or any other disruptive content, like excessive capitalization or spam, that could hinder the seamless usage of DocuDive or jeopardize its features, functionality, or upkeep.
• Automating interactions with the platform, including employing bots, scripts for automated messaging, or any data extraction methods.
• Removing any intellectual property markings or notices from any content.
• Pretending to be another user or attempting to use another’s username.
• Distributing or forwarding (or trying to distribute or forward) any form of passive or active data collectors, including but not limited to, certain image formats (“gifs”), undetectable image elements, web trackers, or cookies.

9. PARTICIPANT-CREATED CONTENT

DocuDive encourages users to engage with our platform, offering avenues to produce, share, present, convey, enact, release, showcase, or disseminate content and materials (referred to as “Content Contributions”) either directly to us or within the DocuDive platform. Be aware that such Content Contributions might be viewed by other DocuDive users and could be available on external websites. Therefore, all Content Contributions are considered neither confidential nor exclusive. When providing Content Contributions, users must adhere to the stipulations detailed in the accompanying document, specifically under “PARTICIPANT-CREATED CONTENT”.

Failure to comply with these stipulations might lead to measures such as revoking or pausing your access to DocuDive.

10. USER CONTENT RIGHTS

When you submit content or link your social media accounts, making the content accessible to DocuDive, you are automatically providing us with the permissions as detailed under “USER CONTENT RIGHTS” in the mentioned document.

While you maintain complete ownership of all your submissions and associated intellectual property rights, we don’t assume ownership of your content. You are solely accountable for the content you share on DocuDive and agree to absolve us from any responsibilities related to your submissions.

11. REVIEW STANDARDS

DocuDive offers sections where users can share feedback or ratings. When submitting feedback, it’s imperative to adhere to the standards outlined in the section labeled “REVIEW STANDARDS”.

By sharing your feedback, you provide us with an enduring, non-restricted, global, royalty-free, fully compensated, transferable, and licensable authority to alter, adapt, convey, exhibit, implement, and distribute any content associated with your reviews.

12. INTEGRATING SOCIAL MEDIA PLATFORMS

Users have the option to connect their DocuDive profiles with accounts they maintain on platforms managed by third-party service providers (hereinafter referred to as “Third-Party Profiles”), as outlined in the section titled “INTEGRATING SOCIAL MEDIA PLATFORMS”.

We do not undertake any responsibility to scrutinize content from Third-Party Profiles for its validity, legality, or compliance with intellectual property laws, and we are not accountable for any Third-Party Profiles’ content. Any interactions or agreements with third-party service providers of your Third-Party Profiles are solely dictated by your contractual terms with those providers.

We reserve the right to amend and refresh this Terms and Conditions agreement periodically. Users are encouraged to keep abreast of the most recent stipulations.

For any queries or detailed information regarding these terms, please contact our customer support.

The latest revision of these terms and conditions was on July 21, 2023.3.

13. USER INPUTS

While interacting with DocuDive, you might share with us insights, remarks, inquiries, responses, or other information (referred to as “User Inputs”). Once you share these User Inputs, they are no longer confidential and become the exclusive property of DocuDive. All intellectual property associated with these User Inputs is vested with DocuDive, and we reserve the right to utilise them for any legitimate purpose, including business-related activities, without owing any compensation to you. You relinquish any rights of attribution related to these User Inputs and affirm their originality or your authority to share them. You commit to refraining from pursuing any legal claims against DocuDive regarding any perceived or actual violations of proprietary rights in your User Inputs.

14. LINKS TO EXTERNAL SITES AND RESOURCES

DocuDive’s platform may provide connections to external websites or materials (“External Sites”). These External Sites are outside our purview, and we don’t oversee their content, accuracy, or their policies, including how they handle user data. Featuring such External Sites doesn’t imply our endorsement or validation of them. Should you choose to navigate these External Sites, you’re doing so based on your judgment, and our Terms and Conditions cease to apply. Transactions carried out on these External Sites are strictly between you and the respective third-party entity. DocuDive is not accountable for any activities on these External Sites, and you agree not to hold us liable for any issues arising from your interaction with or purchases from these External Sites.

15. RIGHTS OF THE U.S. GOVERNMENT

The services we provide are recognized as “commercial items” according to Federal Acquisition Regulation (FAR) 2.101. If a U.S. government entity outside the Department of Defense (DOD) procures our services, these Terms and Conditions apply, aligning with FAR 12.212 (pertaining to computer software) and FAR 12.211 (referring to technical data). For any procurement by a DOD agency, these Terms and Conditions are governed by the Defense Federal Acquisition Regulation (DFARS) 227.7202-3 for our services and DFARS 252.227-7015 concerning DOD’s acquisition of technical data. This clause on U.S. Government Rights supersedes any other references in these Terms and Conditions to FAR, DFARS, or any other provisions related to government rights in computer software or technical data.

16. PLATFORM OVERSIGHT

DocuDive holds the authority, though not the duty, to oversee our platform for breaches of these Terms and Conditions, and to pursue any applicable legal measures against those in violation. At our judgment, we might restrict or curtail access, moderate or remove any user content, or undertake actions that we determine to be detrimental or disruptive to our platform. Such management is undertaken to safeguard our interests, rights, and to maintain the smooth operation of the platform.

17. DATA PROTECTION AND PRIVACY

At DocuDive, the privacy and security of your data are of paramount importance. We are committed to upholding the highest standards of data protection, in line with the Australian Privacy Principles (APPs) governed by the Privacy Act 1988. We ensure that all user data collected, whether directly or indirectly, is handled with care, stored securely, and processed in a manner that respects individual privacy rights. For a detailed understanding of how we manage, share, and protect your data, please refer to our comprehensive Privacy Policy.

18. DISPUTE RESOLUTION

In the event of a disagreement or dispute arising out of or in connection with the use of DocuDive’s services or products, both parties shall first seek to resolve the matter amicably through mutual discussions. If such efforts prove unsuccessful, either party may propose to settle the dispute through mediation or arbitration in a location within Australia. This arbitration shall be governed by the Arbitration Act of Australia. All proceedings, determinations, and outcomes will be confidential.

19. SOURCE CODE ESCROW

Understanding the importance of continued software access and maintenance for our clients, DocuDive may agree to place the source code of specific software solutions in an escrow arrangement. This is a protective measure ensuring that, in certain predetermined circumstances, such as insolvency or discontinuation of support, the source code can be accessed by the licensee. The terms, conditions, and triggers for such an escrow release will be stipulated in a separate Escrow Agreement.

20. ACCESSIBILITY AND INCLUSIVITY

DocuDive is dedicated to ensuring our software and services are accessible to all, including individuals with disabilities. We strive to adhere to best practices like the Web Content Accessibility Guidelines (WCAG) and regularly update our offerings to be more inclusive. We believe in fostering a digital environment where everyone, irrespective of their physical or cognitive abilities, can access, understand, and interact seamlessly.

21. EXPORT CONTROL

Users must be aware that certain DocuDive software or services may fall under the purview of Australian export control laws and regulations. Exporting, re-exporting, or transferring these, either directly or indirectly, without obtaining the necessary permissions or licenses might constitute a violation of Australian law. Users are responsible for ensuring compliance with all applicable export and re-export control laws and regulations when using our software outside of Australia.

22. PROTECTION OF INTELLECTUAL PROPERTY

DocuDive values the intellectual property of others. Should you suspect that any content on our platform violates a copyright you possess or oversee, we urge you to promptly inform us. However, it’s essential to note that making unfounded allegations can result in you being accountable for damages. If uncertain about a potential copyright violation, we recommend seeking legal counsel before raising a claim..

23. DURATION AND CESSATION

These Terms and Conditions are applicable for as long as you engage with our platform. DocuDive holds the authority, without needing to provide any prior notice, to restrict your access to our platform or end your account for reasons including, but not limited to, breaches of these Terms and Conditions or any prevailing law or regulation. Should your account be terminated, you are forbidden from setting up a new account, whether under your own identity, an assumed name, or on behalf of another individual. Additionally, DocuDive retains the right to pursue legal measures, encompassing civil, criminal, and preventative remedies.

24. CHANGES AND POTENTIAL DISRUPTIONS

DocuDive retains the authority to alter, adapt, or delete content from its website (www.docudiveai.com) whenever deemed necessary, without prior notice. We have no commitment to refresh any site content. Additionally, we can adjust, halt, or terminate parts or the entirety of our Site without prior intimation. DocuDive shall bear no responsibility towards you or any other party for alterations, cost adjustments, suspensions, or the cessation of the Site.

We cannot assure continuous Site or service accessibility. There might be disruptions due to technical issues, maintenance, or other unforeseen challenges, leading to delays or glitches. We maintain the right to make any necessary adjustments to the Site, which could include updates, suspensions, or discontinuations, without notifying you. By using our Site, you concur that DocuDive is not accountable for any detriment, damage, or inconvenience stemming from your inability to access the Site during any period of unavailability. There’s no stipulation in these Terms and Conditions that mandates us to provide support for the Site or offer any fixes or updates related to it.

25. JURISDICTION AND LEGALITY

These terms are determined by and should be understood in line with the laws of the United Kingdom, deliberately excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If you’re an EU resident and a consumer, you also benefit from the essential legal protections available in your home country. Both DocuDive and you concur to the shared jurisdiction of the London courts. This means you have the right to pursue a claim pertaining to these usage terms either in the United Kingdom or in your residing EU nation, in order to uphold your consumer rights.

26. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access here: **https://ec.europa.eu/consumers/odr**. If you would like to bring this matter to our attention, please contact us through the channels provided on our Site.

27. AMENDMENTS AND UPDATES

The Site might display information that has mistakes, discrepancies, or oversights, such as details on descriptions, costs, availability, and other related data. DocuDive holds the authority to rectify these mistakes, discrepancies, or oversights and to modify or refresh the Site’s information whenever necessary, without giving advance notification.

28. DISCLAIMER

DocuDive’s site is offered to users on an “as-is” and “when available” basis. By utilizing the site and our offerings, you acknowledge that you’re doing so at your own discretion and risk. To the maximum degree that the law allows, DocuDive rejects any warranties, both stated and assumed, concerning the site and your engagement with it. This includes, but isn’t confined to, the understood assurances of salability, aptness for a specific application, and non-violation of rights. DocuDive doesn’t guarantee the accuracy or entirety of the site’s content, nor that of any linked sites. We won’t be held responsible for discrepancies, errors, or imprecisions in content and materials, damage to property or individuals, unauthorized access to our secure servers, personal or financial data breaches, disruptions in site data transmission, any harmful elements introduced by third parties, or errors in the content and materials on our site. Furthermore, we’re not accountable for any damage or loss arising from using content shared, delivered, or made available on the site.

29. LIABILITY RESTRICTIONS

Under no circumstances shall DocuDive, including its directors, staff, or representatives, be held accountable to you or any third-party for damages, whether they be direct, indirect, incidental, consequential, special, or punitive, such as but not limited to, profit loss, revenue loss, data loss, or other damages resulting from your engagement with the site. This remains true even if we’ve been notified of potential damages. Regardless of the details stated above, our financial responsibility to you, no matter the nature or mode of the claim, shall never exceed the amount you’ve paid to us, if any.

30. PROTECTION AND LIABILITY

By using the DocuDive platform, you commit to protect, compensate, and exempt DocuDive, inclusive of its associated entities, branches, and all our respective executives, representatives, collaborators, and staff, from any and all liabilities, claims, damages, or costs, inclusive of justifiable legal fees and charges, raised by any third party because of or related to: your activities on our Site; any violation of these Terms and Conditions; any discrepancies in the promises and guarantees you’ve made in these terms; infringement of another’s rights, particularly intellectual property rights; or any direct negative action towards another Site user you’ve interacted with through the platform.

31. USER INFORMATION

DocuDive will retain specific information you send to our Site to oversee its functionality and monitor data concerning your interaction with the Site. While we conduct regular data backups, the primary responsibility for safeguarding any information you provide or actions you undertake on the Site rests with you. By using our Site, you understand and agree that DocuDive will not be held liable for any loss or damage to your data. Consequently, you relinquish any claims against DocuDive related to the loss or damage of this information.

32. DIGITAL CORRESPONDENCE, DEALS, AND AUTHENTICATION

Engaging with the DocuDive website, emailing us, or submitting forms online are considered forms of digital correspondence. You grant permission to obtain such digital correspondences and acknowledge that any contracts, alerts, announcements, or other messages sent to you electronically, either through email or on the DocuDive website, fulfill any statutory obligation for those communications to be written down. Furthermore, you endorse the acceptance of electronic signatures, agreements, purchase orders, and related documents, as well as the digital dispatch of advisories, guidelines, and transaction details initiated or finalized by DocuDive or through the website.

33. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

34. MISCELLANEOUS

The entirety of our agreement is made up of these Terms and Conditions as well as any other guidelines or rules we provide on our website. If we don’t act on or enforce any part of these terms, it doesn’t mean we’re waiving that particular right. These terms are valid to the greatest extent allowed by Australian law. We have the right to transfer our obligations and rights to someone else whenever we decide. We aren’t accountable for any loss, harm, delay, or inaction resulting from circumstances beyond our reasonable control. If any clause or portion of these terms is found illegal or unenforceable, that part can be separated from the rest, but the remaining terms stay in effect. These terms don’t establish any partnership, joint venture, employment, or agency link between us. Just because we crafted these terms doesn’t mean they can be interpreted against us. You understand and accept that these terms are electronic and their validity isn’t affected by the absence of signatures from both parties.