Dovico Starter/Basic (the “Service”) is a product of Dovico Software Inc. (“Dovico”).
By accessing the Service for a free trial, acquiring a paid or Starter (free) user license to use the Service, or otherwise using the Service, you are confirming that you have read, understand and accept the Terms.
User licenses for the Service are paid monthly in advance by automatic recurring credit card payments. Licenses may be purchased and cancelled at any time. Refunds are not provided for partial months.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such applicable tax.
Starter accounts provide free user licenses that may be issued for up to up to a maximum of either five users or ten projects. If you wish to exceed either five users or ten projects, you must convert the starter account to a fully paid account.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”. "Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data in the Service. “EU Data Protection Law” means the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
If you are in the European Economic Area (“EEA”), and your use of the Service includes processing Personal Data that is subject to the GDPR, Dovico’s Data Protection Addendum (“DPA”) is also included in the Terms. If you are an EEA user, please review the DPA which provides binding rules for processing your Personal Data.
You are responsible for maintaining the security of your password. Dovico is not liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and all activity that occurs under your login.
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You may access your Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
Paid accounts will be considered terminated once all user licenses have been canceled. For a period of 30 days after termination you may request that a copy of your data be returned to you. After the 30 days, all data will be permanently deleted from backups and logs. The data cannot be recovered once it has been permanently deleted.
If you terminate the Service before the end of your current paid up month, your termination will take effect immediately and you will not be charged again. Unused time in the last billing cycle is not prorated.
Starter accounts will be terminated without notice if they have been inactive for a period of six months.
Dovico, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your access to the Service. Dovico reserves the right to refuse service to anyone for any reason at any time.
Dovico reserves the right to update and change the Terms as posted on Dovico’s website. Your use of the Service will be subject to the most current posted version of the Terms at the time of such use.
Dovico reserves the right at any time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Dovico Starter/Basic web page or the Service itself.
Dovico shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service must comply with all national and international copyright law.
Dovico claims no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that Dovico uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You agree 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 Dovico.
Dovico reserves the right, but has no obligation to, remove licenses Dovico determines in its sole discretion are unlawful, harmful to the system, or violates any party’s intellectual property or these Terms of Service. Dovico may also temporarily disable your account if your usage may negatively impact the performance of the Service or impair other customers’ use of the Service.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Dovico does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Dovico shall not 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 Dovico 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 your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of Dovico to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Dovico and govern your use of the Service, superseding any prior representations or agreements between you and Dovico (including, but not limited to, any prior versions of the Terms).
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
The courts of New Brunswick, Canada shall have exclusive jurisdiction for the settlement of all disputes arising under the Terms.