TERMS AND CONDITIONS
Last Updated February 4, 2023
1.1. This website is owned and operated by Bizmorphic Research Private Limited (“We, Us, Our, Company”). By visiting Our website (“Docdedo”) ("www.docdedo.com") and accessing the information, resources, services, products, and tools We provide (“the Service/s”), the User (“You, Your”) understand and agree to accept and adhere to the following Terms and Conditions. These Terms and Conditions govern the use of this Service and the Agreement that operates between You and Us. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
1.2. You are granted a nonexclusive, limited right to access and use the Service in accordance with the rules that are described in this contract. Docdedo reserves the right to deny further access to its service to any User who violates these rules, is the subject of complaints by other Docdedo Users or for any other reason.
1.3. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, then You may not access the Service.
2. Interpretation and Definitions
2.1.1. The words of which the initial letter is capitalized have meanings as defined hereunder.
2.1.2. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
• You or Your or User, refers to either the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Company (referred to as either "Docdedo", "the Company", "We", "Us" or "Our" in this Agreement) refers to Bizmorphic Research Private Limited and includes any of its Subsidiaries or Affiliates, as well as any employees, managers or agents acting on its behalf.
• The User and the Company are sometimes referred to individually as a "Party" and collectively as the "Parties".
• Account means a unique account created for You to access our Service or parts of Our Service.
• Website refers to Docdedo, accessible from www.docdedo.com, and includes any subdomains and extensions, as well as an application or a computer program designed to run on a smartphone, tablet computer, or other mobile device ("Application")
• App refers to the Mobile Application by the name Docdedo operated by the Company.
• Platform refers to the Website and the App together.
• Service refers to services provided to you on, from, or through Us.
3. Eligibility to Use
3.1. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
3.2. If the User is agreeing to this Agreement on behalf of an organization or entity, the User represents and warrants that the User/and or the specific actual used signee used for acceptance of this Agreement and/or the Order Confirmation, is authorized to agree to this Agreement and/or the Order Confirmation on that organization or entity’s behalf and bind them to the Agreement and/or the Order Confirmation.
3.3. You need to sign up for a User account by providing all required information in order to access or use the Services. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the said information to keep it true, accurate, current, and complete.
3.4. The User can avail of the Services on (a) a subscription model- by paying a fixed amount on either a monthly or an annual basis, or (b) a pay-per-use basis corresponding to a single, standalone purchase of a particular Service.
3.5. The Company does not screen content uploaded to the Platform by the User but reserves the right (but not the obligation) to remove any User Content that violates the Agreement or otherwise violates third-parties’ intellectual property rights or any applicable laws in the jurisdictions where the Company offers the Services and/or is represented.
4.1. Docdedo’s Obligations
Upon acceptance to this Agreement, Docdedo will:
(i) Provide the Services to the User, in accordance with the information provided in the User’s Order Confirmation, to use the Services and its content and materials to the applicable limits or maximums.
(ii) Employ best industry standards, such as a safe SSL connection, two-step verification, confirmation tokens, token authentication, encrypted information storage, unique keys and security protocols, to safeguard the User’s data.
(iii) Make reasonable efforts to ensure that the Service will be online, usable and accessible 99.5 % of the time (“Uptime”) each month and prevent any disruptions to the Service. If any disruptions were to occur, Docdedo is committed to remedying the cause of the disruption with promptitude and always makes reasonable efforts to speedily notify the User.
(iv) The following circumstances are excluded from the Uptime definition: (1) Service work which is notified and agreed between the parties outside of normal work time; (2) Force Majeure conditions; or (3) The User’s own circumstances that makes it impossible to use Docdedo or substantially complicates the provision of Services.
(v) During the Term, Docdedo will provide Support Services during the Support Hours (i.e., between 09:00 - 17:00) on Indian business days to maintain the Service Levels, provided that where required, the User shall assist with investigating and ascertaining the cause of the fault and provide Docdedo with all necessary information relevant to the fault. All such information shall be delivered to email@example.com.
4.2. The User’s Obligations
Upon acceptance to this Agreement, the User will: (1) Cooperate with Docdedo by providing such information and materials as Docdedo may reasonably require in order to supply the Service; (2) ensure that such information is complete and accurate in all material respects; and (3) Notify Docdedo of any unauthorized use the User might become aware of.
The User must not (and must not allow any third party to) directly or indirectly:
i. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party;
ii. Modify or create a derivative work of the Docdedo Service or any portion of it;
iii. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Docdedo Service, except to the extent expressly permitted by applicable law and not without advance notice in writing to Docdedo;
iv. Break or circumvent any security measures of the Service, or configure the Service to avoid incurring fees or in any way disrupt the integrity, performance or security of the Services;
v. Interfere with or disrupt the service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail;
vi. Access Docdedo’s Services with the intention of building a competitive product or service or copying its features or User interface;
vii. Attempt to gain unauthorized access to the Services or its related systems or network;
viii. Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Docdedo;
ix. Create a false identity to mislead any person as to the identity or origin of any communication;
x. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property, (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
xi. Defame any group or individual, engage in foul or otherwise inappropriate language, promote physical harm or injury against any group or individual, or support any illegal activities;
xii. Use or permit the Services to be used in a manner which relates to or encourages any activity prohibited by law in India.
4.3. Obligations with respect to Application Programming Interfaces (‘APIs’)
The Company may make certain Application Programming Interfaces (‘APIs’) to Users.
You agree not to (A) access Our APIs in violation of any law or regulation; (B) access Our APIs in any manner that (i) compromises, breaks or circumvents any of Our technical processes or security measures associated with the Services, (ii) poses a security vulnerability to other Users of the Services or (iii) tests the vulnerability of Our systems or networks; (C) access Our APIs in order to replicate or compete with the Services; (D) attempt to reverse-engineer or otherwise derive source code, trade secrets or know-how of Our APIs or Services; (E) attempt to use Our APIs in a manner that exceeds rate limits, or constitutes excessive or abusive usage; or (F) use Our APIs or API Data to offer products and services that may be similar to those offered by Us.
5. Pre-Existing Intellectual Property
5.1. A Party’s ownership of, or any right, title or interest in any Intellectual Property Rights or an item which exists prior to the Effective Date (Pre-Existing Material) will not be altered, transferred or assigned by virtue of this Agreement.
5.2. The User agrees that We retain all rights, title and interest (including all intellectual property rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed Our confidential information) and that We reserve any licenses not specifically granted in this Agreement. The Service is offered as an online, hosted product. Accordingly, the User acknowledges and agrees that it has no right to obtain a copy of the software behind any of the Services and that We have sole discretion to make updates, bug fixes, modifications or improvements to the Service from time-to-time. We reserve the right to change or remove features of the Services from time to time. If any material alterations are made to The Services, We will provide the User with 20 business days’ notice.
5.3. The Contract Templates may be distributed, copied or downloaded, provided that the User (1) Uses them solely for its individual business purposes; (2) Does not commercialize their distribution; and (3) Uses the templates at its own discretion and risk.
5.4. The User agrees that We may use the User's name and logo on Our websites and as a part of a general list of Our Users for use and reference in corporate, promotional and marketing material.
6. Beta Services and APIs
6.1. Beta Services
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that We have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to You. You agree that We will not be liable to You or to any third party for any damage related to, arising out of, or caused by the alteration, suspension or discontinuance of any of the Beta Services for any reason.
6.2.1. We own and will continue to own Our APIs and Services, including all related intellectual property rights therein. We may change or discontinue the availability of all or some of the APIs at any time for any reason. Such changes may include, without limitation, removing or limiting access to specific API(s), requiring fees or setting and enforcing limits on Your use of additions to Our APIs.
6.2.2. You shall not share any API keys or authentication tokens for Our APIs with any third party without prior written permission from the Company.
6.2.3. You may terminate these API Terms at any time by ceasing all use of Our APIs and any relevant credentials. Ceasure of use of APIs for more than _____ days shall be construed as termination of these API Terms by you.
6.2.4. We reserve the right to terminate or amend these API Terms or Your use of Our APIs with immediate effect for any reason and at any time without liability or other obligation to You.
6.2.5. We use certain Third Party APIs i.e. other apps or websites that integrate with Our API or Services, or those with an API or Service with which We integrate. We will exercise reasonable effort to ensure that Your Data is securely transmitted and only those data points which are required for verification are shared. We shall not be held responsible for any Data breach or leak that occurs outside the ambit of Our own Website.
7. Organization Accounts and Administrators
7.1. You are solely responsible for (i) ensuring confidentiality of Your organization Account password, (ii) appointing competent individuals as administrators for managing Your organization Account, and (iii) ensuring that all activities that occur in connection with Your organization Account comply with this Agreement. You understand that We are not and shall not be held responsible for Account administration and internal management of the Services for You.
7.2. You are responsible for taking necessary steps for ensuring that Your organization does not lose control of the administrator Accounts. In the event of loss of the same, We may provide control of an administrator Account to an individual providing proof satisfactory to Us demonstrating authorization to act on behalf of the organization. You agree not to hold Us liable for the consequences of any action taken by Us in good faith in this regard.
8. Data Responsibility
9. User Invitation and Access
9.1. User (“Inviter”) may invite or refer other potential Users (“Invited Users”) to use the Platform.
9.2. As an Inviter, You must always provide the true and complete information to Docdedo, including but not limited to contact information, the nature of User intermediary activities carried out to introduce, explain and/or promote the services provided by the platform to potential Users, and any other information that may be requested by Us.
9.3. You and the Users You invite agree that all referral and invitational activities to the platform for potential Users must be professional, appropriate and legal in accordance with applicable rules or laws.
9.4. You may only sign up the amount of Invited Users in accordance with the subscription You have paid for.
9.5. The Account Holder controls each Invited User's level of access to the relevant organisation and Service at all times and can revoke or change an Invited User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be.
9.6. You will be held liable for any such breach by them of these User Terms.
10.1. Commercial information which the Parties may obtain or possess concerning the other Party, shall be considered confidential and shall not be disclosed to third parties without the relevant Party's prior written consent. Any confidentiality obligations for the Parties pursuant to this Agreement shall indefinitely survive the termination of the Agreement.
10.2. The Confidentiality obligation shall not apply to information, (i) which becomes publicly available through no fault of the receiving party, (ii) that a Party comes into possession of in good faith from a third party, (iii) that a Party is required to disclose under applicable law or to fulfil its obligations and exercise its rights under the Agreement.
11. Limitation of Liability
11.1. Your use of this website and/or products are at Your sole risk. The Service is supplied on "AS IS" basis and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
11.2. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or nil if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
11.3. All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without any limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
11.4. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; (iv) as to the accuracy, reliability, or correctness of any information or content provided through the Service.
11.5. The User is also provided with the discretion to avail the experience and technical knowledge of a Legal or other such Professional or ‘Expert’ through our Website, but any such consultation or communication will be exclusively between the User and the Expert and We make no warranty or guarantees with respect to the accuracy, reliability or correctness of any such advice rendered by any Expert. The Company is responsible solely for processing the payment for such consultation and shall under no circumstances be held liable for any loss, harm or damage suffered by the User or any associated party by relying on the advice so rendered.
11.6. We or our associated third parties shall not be liable concerning any subject matter arising from or related to this Agreement, the Service or any of the Websites operated by Us or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.
12.1. The User agrees that We are not responsible for any harm that his/her use of this Service may cause. The User agrees to indemnify, defend, and hold Us harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defence and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants.
12.2. The User further agrees that this defence and indemnity shall include without limitation professional fees and costs. The User also agrees that this defence and indemnity shall apply to Us, Our founders, officers and employees. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without Our written consent.
13. Force Majeure
Neither party will be liable for any delay or failure to perform its obligation under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
14.1. Manner of Termination
Either Party may terminate the Agreement, including any related Order Confirmation, if the other Party: (i) fails to cure any material breach of this Agreement (including a failure to pay undisputed fees) within 30 days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) if permitted by applicable law, seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any of these proceedings are instituted against that party (and not dismissed within 60 days thereafter)
The User’s discontinuation of the subscription shall be considered as termination of the Agreement.
14.2. Effect of Termination
If the term of the Agreement expires or the Agreement is terminated for any reason; (i) The User will pay to Us any amounts that have accrued before, and remain unpaid as of the date of the termination or expiration, including those for the billing cycle in which termination occurs; (ii) any and all of User’s liabilities to Us that have accrued before the effective date of the expiration or termination will survive; (iii) licenses and use rights granted to the User with respect to the Services and intellectual property will immediately terminate; (iv) Our obligation to provide any further Services to the User under this Agreement will immediately terminate, except any such Services that are expressly to be provided following expiration or termination of this Agreement.
15. Fees and Payments
15.1. Renewal: Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that You do not wish to renew the subscription. If you do not wish to renew the subscription, You must inform us at least seven days prior to the renewal date.
15.3. Pricing Changes: From time to time, We may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of Your then current billing cycle. You will not be charged for using any Service unless You have placed an order or opted for a paid subscription plan.
15.4. Taxes: In the event any tax such as GST, VAT, sales tax or the like is chargeable by Us in accordance with any local, state, provincial or foreign laws with respect to Your order or subscription to our Services ("Taxes"), We will invoice you for such Taxes. You agree to pay Us such Taxes in addition to the Service fees.
16. Third Party Content and Advertising
16.1. Third party content may appear on the Platform or may be accessible via links from the Platform. We are not and shall not be held responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third party content appearing on the Platform. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of the Company.
16.2. You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that We may, at any time and in our sole discretion, and without any notice to You, suspend, restrict or disable access to or remove from the Platform Services, any Third Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
16.3. The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. We will not be held responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
The Parties are not entitled to transfer their rights or obligations under the Agreement to any third party without prior written consent from Us. Any change of direct or indirect control of the User (whether by sale of controlling equity interests or otherwise) will be deemed to be an assignment of the Agreement by the User that requires Our prior written consent.
18. Dispute Resolution
18.1. If the User has any dispute, query about the Services, the User agrees that before taking any formal action, including but not limited to any legal actions and/or proceedings, the User will contact Us at firstname.lastname@example.org and provide a brief, written description of the dispute and the User’s contact information (including the User’s username, if the User dispute relates to an Account).
18.2. We shall respond to the dispute, query within 48 hours of the User submitting the same as per the instructions provided in this Clause 17. Kindly note that if the dispute, query does not contain the information or details as mentioned in this Clause 17, the Company shall be under no obligation to respond to such a dispute, query and shall not be held liable or responsible for such non-response.
18.3. On submission of the dispute, query along with the details and information as required under this Clause 17, We shall attempt to resolve the dispute, query or complaint within 7 business days.
18.4. The User and the Company agree to use their reasonable efforts to settle any dispute, claim, question, or disagreement directly through amicable consultation and good faith negotiations between them. If the Parties are unable to resolve the dispute, claim, question or disagreement within 30 days of the User first submitting such dispute, claim, question or disagreement to the Company, the same shall be referred to arbitration by a sole arbitrator appointed mutually by the Parties. The arbitration shall be carried out as per the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Pune and the language of arbitration shall be English. The award of the arbitrator shall be final and binding on the Parties.
19. Entire Agreement
19.1 The Agreement constitutes the entire agreement between the User and Us in relation to its subject matter. It replaces and extinguishes all prior agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and understandings of any nature made by or on behalf of the parties in relation to the same, whether oral or written.
20.1 Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
21.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a Party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
22. Choice of Law and Jurisdiction
22.1. These Terms and Your use of the Service shall be governed, interpreted and construed in accordance with the laws of India.
22.2. If any dispute arising out of or in connection with this Agreement were to be litigated, the courts in Pune shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
23. Modifications to these Terms and Conditions
23.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. The User shall be responsible for regularly checking the Terms from time to time to keep himself updated of the modified Terms.
23.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
24. Notices and Contact
24.1. Manner: Notices served under this Agreement shall be in writing and can be delivered by email, hand, or sent by post to the other party at its address set out in this Agreement or the Order Confirmation, as applicable.
24.2. Receipt: A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 09:00 on the first business day following delivery). A notice sent by email shall be deemed to have been received at 09:00 on the first business day following delivery.
24.3. Contact: The User can send notices to Us via email at email@example.com or at the following mailing address:
<Office No:/ Gala No 1, Floor No:1, Building Name:Highway Tower City:Chinchwad, District:Pune, Maharashtra 411019
24.4. Grievance Redressal: In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, Our Grievance Officer, can be contacted by mail at firstname.lastname@example.org.
Users shall submit their grievance to the aforementioned email ID with a brief, written description of the dispute along with the screenshots of the problem if applicable and the User’s contact information (including the User’s username, if the User dispute relates to an Account).
We shall respond to the Grievance within 48 hours of the User submitting the same as per the instructions provided in this Clause 24.4. Kindly note that if the grievance does not contain the information or details as mentioned in this Clause 24.4, the Company shall be under no obligation to respond to such a dispute, query or complaint and shall not be held liable or responsible for such non-response.
On submission of the dispute, query or complaint along with the details and information as required under this Clause 24.4, We shall attempt to resolve the dispute, query or complaint within 7 business days.