DocuPanda Terms of Service

Last Updated: May 14, 2024

Welcome to DocuPanda! Thank you for using our service. We’re glad you’re here. These Terms of Service ("Terms") apply to your use of Hoss Technology Inc. ("DocuPanda") website, products, and services. Please read them carefully and let us know if you have any questions.

By using DocuPanda, you agree to be bound by these Terms. If you're using DocuPanda on behalf of an organization, you agree to these Terms on behalf of that organization.

Content

All content on DocuPanda is protected by intellectual property laws. You'll find a few different types of content on our service.

Your Files

You can upload, store, and derive information about your files on DocuPanda. The materials you upload remain your property. We use your files solely to provide our services, which includes storing, displaying, reproducing, and distributing them exclusively to parties designated by you. We do not sell your files to third parties or use them for advertising purposes. The only circumstance where we would share your files with a third party is when legally compelled to do so. You can read more about it in our Privacy Notice. DocuPanda employees may access your files only for the purposes of ensuring the successful operation and continued improvement of DocuPanda services. Their access is audited and logged.

Your Responsibilities

Your use of our services must comply with our Terms and applicable DocuPanda policies, as well as applicable law, including export control laws and regulations, privacy laws, intellectual property laws, and other third-party legal rights. You are solely responsible for the development, content, and use of the files you upload to DocuPanda and assume all risks associated with them, including intellectual property or other legal claims. By storing files with DocuPanda, you represent that you have all necessary rights to store, use and, if applicable, publicize that material, and that doing so does not conflict with, violate, or misappropriate any third-party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or any of our Terms or applicable DocuPanda policies. Our services allow you to share your files with others, which is in your sole control and discretion. You are responsible for taking appropriate steps to secure and protect your account and your files, such as setting up and maintaining the proper configuration and use of our services, as well as using encryption to protect your files from unauthorized access when and if applicable. Please be careful about what files you choose to share. DocuPanda doesn't actively monitor the files you upload, download, or share. However, we reserve the right, in our sole discretion, to remove files you store with DocuPanda and/or suspend your access to your account if we become aware that your use of our services or files violate any of DocuPanda’s Terms or applicable policies, or any applicable law and/or regulations, such as copyright infringement, or if we learn the material is patently unlawful, or supports the distribution of malware, etc. We assume no liability for any content that you or anyone else stores with DocuPanda. All the information you provide as part of the account registration and setup, and ongoing use of the account, is accurate, complete, and authorized by the account holder.

DocuPanda's Content and Brand Features

DocuPanda is protected by copyright, trademark, and other laws. DocuPanda gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software we provide you to use our service. This license is for the sole purpose of enabling you to use DocuPanda as permitted by these Terms. If you violate these Terms, we may terminate this license. All rights to DocuPanda—except third-party content—are the exclusive property of DocuPanda and its licensors. Nothing in these Terms authorizes you to use any of DocuPanda trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.

Prohibited Activities

DocuPanda strives to maintain a great service. To that end, we require you to comply with certain limitations, and we may suspend or terminate your account if you use our service in a manner that violates our Terms or applicable policies, including but not limited to the following:

• violate any laws, regulations, ordinances, or directives.
• do anything threatening, abusive, harassing, defamatory, tortious, or invasive of another person's privacy.
• harass or abuse DocuPanda personnel or representatives or agents performing services on behalf of DocuPanda.
• store or use our services in any way, including by hosting or sending files, in support of malware, phishing, spam, and similar activities.
• interfere with the proper functioning of any software, hardware, or equipment on DocuPanda.
• engage in any conduct that inhibits anyone else's use or enjoyment of our services, or which we determine may harm DocuPanda or our users.
• monitor or copy any material on DocuPanda, either manually or through automated means (i.e., scraping), without prior written consent from DocuPanda.
• circumvent, or attempt to circumvent, storage space limits or pricing.
• use the DocuPanda system in a manner inconsistent with its intended manner or purpose.

Our Rights

We're always working to improve DocuPanda and make our services better, so we do reserve some rights. In our sole discretion, we may, at any time—with or without notice—change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account. If you stop paying for our service or violate any of our Terms or applicable policies, we reserve the right to suspend or terminate your account and may delete your data. DocuPanda is not liable for any damages as a result of these actions.

Beta Services

We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as DocuPanda’s other services. Beta Services are made available in part so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until the official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Other Sites and Services

DocuPanda may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.

Privacy

Our Privacy Policy and Data Processing Agreement govern our collection and use of your personal information. Please review those provisions, too. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for the storage and use of your files in accordance with applicable data privacy laws.

Security

We take the security of DocuPanda very seriously. For more information about our security measures, see our Privacy Policy.

Children

DocuPanda is only for users 13 years old and older. If we become aware that a child under 13 has created an account, we will terminate that account.

Copyright

DocuPanda's Copyright Policy complies with the Digital Millennium Copyright Act. For more information, see our Copyright Policy.

Paid Accounts

See additional terms related to Payments and Refunds.

Using DocuPanda in an Organization

If you set up DocuPanda for a business, organization, or other group, you must operate your account consistent with your group's policies. If you are using a DocuPanda service set up by a group administrator, that administrator may be able to access, restrict, terminate, or remove information from your DocuPanda account.

Account Creation and Access

When you create a DocuPanda account, you will be required to set your account credentials—an email address and a password that you choose. You may optionally configure a second factor on your account, such as SMS messaging, a Private Encryption Key for your computer backup, or backup codes. You are responsible for accurately maintaining and safeguarding your account credentials, including the devices, keys, codes, etc., used for the second factor if you choose to use one. To log in to your account and access your files you will be required to provide valid account credentials, including any second factor you had previously configured. DocuPanda is under no obligation to provide you access to your account or your files if you are unable to provide the appropriate account credentials, including any second factor you have configured.

Service Cancellation and Account Deletion

You can cancel your DocuPanda service and then delete your DocuPanda account any time you'd like by simply signing in to your account. To cancel your DocuPanda service, you will be required to log in to your account and delete all of your files stored on our system. Please visit our help center at the billing section of your dashboard if assistance is needed to cancel your service and delete your account. When you cancel your DocuPanda service, we will no longer bill you for the DocuPanda account you have cancelled, except for past due amounts. Your cancelled account information will remain accessible unless you delete your account. When you delete your account, your account information (email address, for example) will be removed from our active system and you will no longer be able to access your account.

Disclaimers

DocuPanda is provided "as is" without any warranties, express or implied. Except where otherwise prohibited by law, DocuPanda disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. (Some states don't allow these disclaimers, so this provision might not apply to you.)

Limitation of Liability

To the fullest extent allowed by law, DocuPanda shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use DocuPanda; (B) any third-party conduct or content on DocuPanda, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content. (Some states don't allow these limitations, so this provision might not apply to you.)

Arbitration and Opt Out

We'd like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with DocuPanda, please contact us and we'll work with you in good faith to try to resolve the matter. If we can't solve the dispute informally, and if you are a resident of or have your principal place of business in the United States or Canada, you and DocuPanda agree to resolve any claim against each other through final and binding arbitration, including claims against DocuPanda affiliates, officers, directors, employees, and agents, and DocuPanda affiliates' officers, directors, employees, and agents. You and DocuPanda agree to submit the dispute to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, to another arbitration institution. The AAA's rules and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs shall be determined under the AAA rules, except that DocuPanda will reimburse you for all AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. However, if your claim for damages does not exceed $75,000, DocuPanda will pay for all reasonable filing, administrative, and arbitrator fees, as long as the arbitrator determines that your claim is non-frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs all disputes between you and DocuPanda. The arbitrator will decide whether a dispute can be arbitrated. If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in the United States or Canada, you agree to resolve any claim you have with DocuPanda exclusively in a state or federal court located in state or federal court located in the City and County of San Francisco, California, and to submit to the personal jurisdiction of the courts located in state or federal court located in the City and County of San Francisco, California for purpose of litigating all such disputes. Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services. To the extent permitted by law, you agree to file any claim you may have against DocuPanda within one year after such claim arose. Otherwise, your claim is permanently barred.

Class Action and Trial Waiver

You and DocuPanda agree that each party may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and DocuPanda agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person's account. You and DocuPanda agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement. You and DocuPanda agree to waive the right to a trial by jury for all disputes.

Your Right to Opt Out of Arbitration

You may opt out of the agreement to arbitrate. If you do so, neither you nor DocuPanda can require the other to participate in an arbitration proceeding. To opt out, you must notify DocuPanda within 90 days of the date that you first agreed to these Terms. To opt out by mail, send your written opt-out notice to this address: Hoss Technology Inc., c/o Arbitration Opt-Out, 145 W 67th St, apt 31H, new york NY, 10023. Your written opt-out notice must include (1) your name and residence address; (2) the email address associated with your account; (3) a clear statement that you want to opt out of this arbitration agreement; (4) date sent, and (5) your signature. Alternatively, you can opt out online by sending an email with the above information to: privacy@docupanda.io.

Indemnification

You agree to indemnify, defend, and hold harmless DocuPanda from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against DocuPanda and its affiliates regarding (a) files stored with us by you or your users, (b) your domains, or (c) your or your users’ use of DocuPanda in violation of these terms.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of California, except for its conflict of laws principles. For claims that aren't subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in San Francisco, California or in the United States District Court for theNorthern District of California.

Entire Agreement

These Terms, our Privacy Policy, and our Payment and Refunds page constitute the entire agreement between you and DocuPanda. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any provision of these Terms shall be a further or continuing waiver of that term. DocuPanda's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.

Modification

The Terms may be modified from time to time. The date of the most recent revisions will always be at this link . If we make changes that we believe will substantially alter your rights, we will notify you. If you continue to use DocuPanda after modifications of the Terms, by doing so you agree to accept such modifications.

Contact

We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at privacy@docupanda.io