Terms & Conditions

Last updated April 16th, 2024

By using our software, you are agreeing to these Terms of Use and any other related agreements that outline payment and service details. Here’s what you need to know:

  • Who We Are: We are DOCWHIZZ LIMITED, a company based in England and Wales. Our company number is 15555513 and our registered office is located at The Old Forge, Teeton, Northampton, NN6 8LS, England.
  • What This Agreement Covers: This agreement includes all the terms under which you, the user, are allowed to use our software.
  • Acceptance: By using our software, you accept all these terms. If you do not agree with them, you should not use the software.

This agreement explains how you can use our software and the rules you need to follow. If you agree to these terms, it becomes a binding contract between you and DOCWHIZZ LIMITED starting from the date you accept.

Definitions

  1. In this agreement, the following terms are defined to help you understand their specific meanings:
    2. CustomerThis refers to anyone using the software for business-related activities, like running a business or professional services.
    Confidential InformationThis includes any type of information shared between parties that is not publicly known, regardless of whether it is marked as confidential.
    Effective DateThe date when you agree to these Terms of Use and the agreement starts. Free Version of the Software: A version of the software that you can use without paying any fees.
    Intellectual Property RightsThese are the legal rights given to creations of the mind, like inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
    Paid Version of the SoftwareA version of the software that you can use only after paying a fee. Parties: Refers to DOCWHIZZ LIMITED and you, the user.
    Recurring Subscription PeriodThis is the time period, like a month or a week, for which you have agreed to pay a fee regularly to use the software.
    SoftwareThe product provided by DOCWHIZZ LIMITED, including the AI models, user interfaces, and any related content or infrastructure.
    UK Data Protection LawsAll laws in the UK that regulate how personal data of individuals is handled.
    Working DayAny day from Monday to Friday that is not a public holiday in England and Wales.

Grant of Licence

  1. Licence Grant: DOCWHIZZ LIMITED grants you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable licence to use the software. This licence is valid as long as you comply with these Terms of Use and any other parts of this agreement.
  2. Account Registration: To use the software under this licence, you must register for an account by providing some personal information, such as your email address, name, and a password.
  3. Ownership and Restrictions: You do not gain any ownership rights over the software or its intellectual property by using it. You cannot:
    1. Change, sell, distribute, or create derivative works from the software.
    2. Use the software in a way that allows others to access it using your account.
    3. Use the software in any way that violates the intellectual property rights of DOCWHIZZ LIMITED or any third party.

Term and Termination of Use of the Paid Version of the Software

  1. Duration of the Licence: Your licence to use the paid version of the software begins on the Effective Date and will continue for the period agreed upon in writing (which could be a fixed term or multiple recurring subscription periods), unless the agreement is terminated earlier.
  2. Termination by DOCWHIZZ LIMITED:
    1. DOCWHIZZ LIMITED can end the agreement by giving you 30 working days’ notice for a legitimate reason, such as discontinuing the software.
    2. DOCWHIZZ LIMITED can also terminate the agreement immediately if:
      1. You break any of these terms.
      2. It’s necessary for DOCWHIZZ LIMITED to comply with the law.
  3. Termination by You:
    1. You can end the agreement by notifying DOCWHIZZ LIMITED, following the provided procedures (like through an online process). Termination will take effect:
      1. At the end of the current subscription period if there’s a recurring subscription.
      2. Immediately, if otherwise specified.
  4. Effect of Termination: Upon termination:
    1. Your right to use the software ends.
    2. DOCWHIZZ LIMITED will stop providing the software.
    3. If you terminate, you may not get a refund unless:
      1. The terms agreed upon include a refund.
      2. The termination was due to DOCWHIZZ LIMITED’s breach of the agreement or other specified reasons that justify a refund.
  5. Survival of Certain Terms: Even after termination, certain sections of this agreement, like those covering intellectual property rights and data protection, will remain in effect.

Term and Termination of Use of the Free Version of the Software

  1. Duration of the Licence: The licence for the free version of the software starts on the Effective Date and continues until the agreement is terminated by either you or DOCWHIZZ LIMITED.
  2. How You Can Terminate: You can terminate the agreement at any time by cancelling your account. You can do this by emailing DOCWHIZZ LIMITED or following alternative cancellation instructions provided by us.
  3. How DOCWHIZZ LIMITED Can Terminate: DOCWHIZZ LIMITED can end the agreement at any time by notifying you that your licence to use the software is terminated.

Effect of Termination

  1. Ending the Licence: When the agreement is terminated, for any reason:
    1. Your licence to use the software ends immediately.
    2. DOCWHIZZ LIMITED will stop providing the software to you.
  2. Refunds: If you terminate the agreement, you generally will not receive a refund unless:
    1. A refund was specifically agreed upon before termination.
    2. The termination was due to DOCWHIZZ LIMITED breaching the agreement, discontinuing the software, or ending the agreement early without cause from your side.
    3. The software changed significantly enough to be considered a different product, or you were unwilling to accept a significant change to these terms.
  3. Survival of Certain Clauses: Some parts of this agreement will still apply even after it ends, including clauses about restrictions on use, intellectual property rights, proprietary rights to data, and data protection and privacy. Other obligations between you and DOCWHIZZ LIMITED will end at termination.

Suspension of Use of the Software

  1. Late Payments: If you are using the paid version of the software and your payment is more than 30 days overdue, DOCWHIZZ LIMITED has the right to suspend your access to the software until you have paid the overdue amount in full.

Fees

  1. Payment Terms: By using the paid version of the software, you agree to pay DOCWHIZZ LIMITED the agreed sum at the frequency set out when you sign up or subscribe (for example, monthly or annually).
  2. Changes to Fees: DOCWHIZZ LIMITED has the right to change the fees for using the software. Any changes will be communicated to you in writing with reasonable notice. If you continue to use the software after these changes take effect, it means you accept the new fees. If you do not wish to pay the new fees, you can cancel your subscription.
  3. VAT and Other Taxes: All fees stated or referred to in this agreement are exclusive of Value Added Tax (VAT), which will be added if applicable.
  4. Free Version: If you are using the free version of the software, you will not be required to pay any fees.

Restrictions on Use

  1. Eligibility: To use the software or to hold a licence, you must be at least 18 years old and capable of entering into a legal contract.
  2. Prohibited Actions: You must not:
    1. Change, sell, or create derivatives of the software.
    2. Share or transfer your right to use the software to others.
    3. Use the software in a way that violates the intellectual property rights of DOCWHIZZ LIMITED or any third party.
    4. Remove or alter any ownership markings on the software or its outputs, such as trademarks or copyright notices.
    5. Input or use personal data or other sensitive information through the software unless it complies with UK Data Protection Laws and this agreement.
    6. Try to reverse engineer the software or use it to create a competing product.
    7. Use the software for unauthorised data collection activities, such as data scraping or data mining.
    8. Introduce harmful code into the software, such as viruses or worms.
    9. Interfere with, damage, or disrupt the operation of the software.
    10. Use the software's output to provide commercial services or advice without proper authorization.
    11. Use the software's output in ways that impact people's access to goods or services based on inaccurate or incomplete information.
    12. Rely solely on the software's output as being completely accurate or up to date.
    13. Use the software or its output in a way that violates any laws, is defamatory, fraudulent, or deceptive.

Warranties

  1. Provider’s Commitment:
    1. DOCWHIZZ LIMITED promises that the software will be provided with reasonable skill and care, according to the descriptions provided and the terms of this agreement.
    2. If DOCWHIZZ LIMITED fails to meet this commitment, you may be entitled to either a correction of the error or a refund, depending on what DOCWHIZZ LIMITED deems appropriate.
  2. Exclusions:
    1. Beyond the explicit warranties provided, DOCWHIZZ LIMITED does not guarantee that the software will be suitable for your specific needs or that it will always be available without interruption.
    2. DOCWHIZZ LIMITED is not responsible for the accuracy, completeness, or timeliness of the output produced by the software.
  3. User Responsibilities:
    1. You warrant (promise) that you have the right to use any data you input into the software and that such data is not illegal or harmful.
    2. You also warrant that you have a lawful basis for processing any personal data you input into the software, and that your use of this data complies with UK Data Protection Laws.

Indemnities

  1. You agree to protect us and cover any costs we might incur if we are sued or face legal claims because of your actions. This includes costs from lawsuits related to:
    1. Your use of the Services;
    2. Your failure to follow the Legal Terms;
    3. Your failure to uphold your promises made in these Legal Terms;
    4. Your infringement of someone else's rights, such as intellectual property rights; or
    5. Any intentional harm you cause to another user of the Services you met through our platform.
  2. If a lawsuit or claim arises, even though you are responsible for handling it, we may choose to take over the defence at your expense. You must help us in defending against these claims, also at your expense. We will inform you promptly of any legal actions or claims that you need to cover under this agreement.

Limitation of Liability

  1. General Limits: Nothing in this agreement limits or excludes DOCWHIZZ LIMITED's liability for:
    1. Death or personal injury caused by its negligence.
    2. Fraud or fraudulent misrepresentation.
    3. Any other losses that cannot be limited or excluded by law.
  2. Provider Limits: DOCWHIZZ LIMITED is only liable for direct losses or damage that are caused by DOCWHIZZ LIMITED's negligence or breach of this agreement. DOCWHIZZ LIMITED's liability is further restricted to the lower of the total payments made by you to DOCWHIZZ LIMITED in the last 12 months or a specified limit (£1000). DOCWHIZZ LIMITED is not liable for:
    1. Losses that were not foreseeable.
    2. Losses not caused by DOCWHIZZ LIMITED’s actions.
    3. Business losses (like lost data, lost profits, or business interruptions).
    4. Losses caused by your reliance on the software’s output, contrary to the agreement's terms.
    5. Indirect or consequential losses (like loss of profit, loss of business, or interruption of business).
    6. Damage to data or software from using the software.
  3. AI-Specific Issues: DOCWHIZZ LIMITED is not responsible for issues that arise from the use of AI in the software, such as:
    1. Infringements of intellectual property rights through your use of the software or its outputs.
    2. Losses or inefficiencies from inaccurate or misleading information provided by the software.
    3. Legal breaches caused by using the software in decision-making that impacts individuals’ rights or access to services.

Intellectual Property Rights

  1. Ownership by DOCWHIZZ LIMITED: DOCWHIZZ LIMITED retains ownership of all intellectual property rights in the software, including any trademarks, copyrights, patents, and other rights related to DOCWHIZZ LIMITED's business and software.
  2. User’s Ownership: You retain ownership of any intellectual property rights in the data or content that you input into the software.
  3. Shared Creations: If you create something using the software that combines your input with the software's output, DOCWHIZZ LIMITED owns any new intellectual property rights in the combined output. However, you are granted a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use this output for commercial or non-commercial purposes, provided your use does not infringe on any third-party intellectual property rights.
  4. Responsibilities of User: You must ensure that your use of the software and its output does not infringe on the intellectual property rights of others. This includes making sure that the data and content you input into the software do not violate any third-party rights.

Proprietary Rights to Data

  1. User Ownership: You retain all rights, interests, and titles to any data that you input into the software.
  2. Licence to DOCWHIZZ LIMITED: You grant DOCWHIZZ LIMITED a royalty-free, worldwide, transferable, irrevocable, and perpetual licence to use your data, but only when it is anonymized and aggregated with other users' data. This use is limited to improving the software, such as by incorporating it into the software's AI models.

Data Protection and Privacy

  1. Compliance with Data Protection Laws: Both you and DOCWHIZZ LIMITED commit to following UK Data Protection Laws when handling personal data in connection with the software.
  2. Provider’s Use of Data: DOCWHIZZ LIMITED will only use your data in compliance with UK Data Protection Laws. The company will not share your data with third parties unless allowed under these laws. For more details on how your data is used, refer to the Provider’s Website Privacy Policy.
  3. User’s Responsibilities:
    1. You are responsible for any personal data you input into the software. You must ensure that you have a lawful basis for processing this data and that your use of the software to process the data complies with all applicable data protection laws.
    2. If the output of the software includes personal data, it is your responsibility to ensure that its use does not infringe upon anyone's data protection rights.

Service Provision Information

  1. Software Updates and Changes: DOCWHIZZ LIMITED reserves the right to update or change the software as necessary to maintain, fix, or improve it.
  2. User Responsibilities for Compatibility: You are responsible for ensuring that you have the appropriate hardware and software to use the software effectively. Make sure to check the compatibility requirements on DOCWHIZZ LIMITED's website before using the software.
  3. No After-Sales Services: DOCWHIZZ LIMITED does not provide after-sales services once the software is delivered. Unless otherwise agreed.
  4. Provider Contact Information: If you have any complaints or need to contact DOCWHIZZ LIMITED, you can email support@docwhizz.com.

Circumstances Beyond the Control of Either Party (Force Majeure)

  1. Definition of Force Majeure: Neither party will be liable for any failure or delay in performing their obligations under this agreement when such failure or delay results from circumstances beyond their reasonable control. These circumstances include, but are not limited to, power failures, internet service provider failures, acts of God, epidemics, pandemics, civil unrest, fire, flood, drought, earthquakes, explosions, acts of terrorism, war, government actions, or any other events beyond a party's control.
  2. Duty to Mitigate: The party affected by a force majeure event will do all reasonably possible to reduce the impact of the event on the performance of their obligations under this agreement.
  3. Suspension of Obligations: The obligations of the other party will be suspended to the same extent as those of the affected party during the force majeure event.
  4. Right to Terminate Agreement: If the force majeure event continues for a period of 30 days, either party may terminate the agreement. Other termination methods described in earlier sections may also apply before this 30-day period has elapsed.

General Terms

  1. Authority of Customers: If you are a customer ordering on behalf of a business, you confirm that you have the authority to make the order and enter into this agreement on behalf of that business.
  2. Complete Agreement: This agreement contains all the terms agreed upon between you and DOCWHIZZ LIMITED and replaces any prior discussions, agreements, or understandings related to the subject matter of this agreement.
  3. Limitation on Liability for Fraud: Nothing in this agreement limits or excludes liability for fraud or fraudulent misrepresentation.
  4. Assignment and Transfer: Neither party may assign, transfer, sublicense, or subcontract the rights or obligations under this agreement to any third party without the prior written consent of the other party, which shall not be unreasonably withheld.
  5. Amendments to the Agreement: No change to this agreement is valid unless it is in writing and signed by both parties. However, DOCWHIZZ LIMITED may make changes to the terms of use as outlined in other sections of this agreement, and such changes will apply if you continue to use the software after being notified.
  6. Third Party Rights: The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement, meaning no third party has the right to enforce any terms of this agreement.
  7. Waiver: No delay or omission by either party in exercising any right under this agreement will be considered a waiver of that right.
  8. Severability: If any part of this agreement is found to be invalid, illegal, or unenforceable, that part will be excluded to the extent necessary, and the rest of the agreement will remain in full force and effect.
  9. Notices: Any notices required under this agreement must be in writing and delivered by email to the addresses provided in this agreement.

Governing Law and Jurisdiction

  1. Governing Law: This agreement is governed by and interpreted according to the laws of England and Wales.
  2. Jurisdiction: All disputes and claims related to this agreement (whether contractual or non-contractual) will be subject to the exclusive jurisdiction of the courts of England and Wales. This means any legal actions must be brought in these courts.