Terms & Conditions
Last Updated: 06 May, 2024
Introduction.
These Terms of Service (the “Terms”) including its appendices listed below constitutes the entire agreement between the Customer or You and Doc Doctor. (”Doc Doctor” or “we,” “our” or “us”), regarding your use of our services specified in the Terms (the software, and services are collectively referred to as the “Service”). Please read these Terms carefully. The term “you” shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service. If you do not agree to these Terms, you may not use the Platform.
The Service
The Service is an analytics and reporting solution that helps customers collect their online data and create reports
Elgibility
The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.
Registration
You must register to use certain features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on theService (“Registration Data”); (b) maintain the security of any logins ,passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@docdoctor.co
User responsibilities
Do not use Doc Doctor for illegal or unauthorized purposes. Reverse-engineer, modify, or create derivative works based on Doc Doctor. Share your account access with third parties without our permission. Input or upload any harmful content, including viruses or malicious code.
Fees & Payment
Access to selected features of the Service may be provided to you free of charge. We will charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). Doc Doctor reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. When you purchase any paid services, you authorize Doc Doctor or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If Doc Doctor does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Doc Doctor may suspend your access to the Services until full payment is received or terminate theTerms of Service. All sales are final and Doc Doctor will not issue refunds, including for prepaid monthly fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. Doc Doctor does not refund automatic payments not cancelled in time.
Data privacy and security.
Your privacy is important to us. We collect, process, and store personal and financial data in accordance with our Privacy Policy. By using Doc Doctor, you consent to the collection and use of your data as outlined in the Privacy Policy. We implement reasonable measures to protect your data, but we cannot guarantee its absolute security. You are responsible for maintaining the security of your login credentials.
Intellectual property.
All intellectual property rights in and to Doc Doctor, including software, content, trademarks, and logos, are owned by Doc Doctor or its licensors. You may not use any of our intellectual property without our prior written consent.
Doc Doctor, the Doc Doctor logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Doc Doctor and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Unless You provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that Doc Doctor may use your name(s) and logo(s) in the Doc Doctor website, press releases, promotional and sales literature, customer/prospect presentations, lists of customers, and/or other similar situations in accordance with good marketing practices.
Limitation of liability
Neither party nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Doc Doctor or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use theService or any content. Any limitations of liability under this Section shall not apply in the event of death, personal injury, damage to third party property, liability in accordance with (Confidentiality)or in the event of willful conduct or gross negligence
Disclaimer of Warranties
Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. Doc Doctor does not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding Doc Doctor that is not expressly stated in these Terms. However, Doc Doctor warrants that it will perform its obligations in a professional manner and the Service shall performed in accordance with the methods normally applied by a well reputed service provider.
Customer Data
Customer, its subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that Customer, or another party on Customer’s behalf, provides to Doc Doctor for the purpose of providing the Service (“Customer Data”). For the avoidance of doubt, Customer Data is considered Confidential Information.
You will defend, indemnify and hold harmless Doc Doctor, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of any claims or actions by any third party that relates to an actual or alleged infringement of a third party’s intellectual property rights by the Customer Data.
Termination.
We reserve the right to suspend or terminate your account and access to Doc Doctor at our discretion, with or without cause. You may also terminate your account at any time by contacting us. Upon termination, your access to Doc Doctor will be disabled, and all data associated with your account will be deleted.
Your account and subscription of the Service remains in effect unless you terminate it or unless Doc Doctor terminates your account as provided by these Terms. Your account and subscription of the Service may, depending on your choice, be automatically renewable or valid for a fixed period. Term of the Terms of Service regarding paid services enters into force when we have received payment from your credit card provider. If the Service is provided to you free of charge, the Term of theTerms of Service enters into force upon your account registration. If your subscription is automatically renewable, your subscription to the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you terminate your subscription or we terminate it. If your subscription is made for a fixed period and/or not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period. Separate written order forms or contracts for the Service may have special adherence terms regarding renewal and defined advance notice periods for termination. Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession.
If Customer’s continued use of the Service may result in material harm to Doc Doctor, its subcontractors, affiliates, or another customer of the Service, Doc Doctor may block or restrict Customer’s access to theService, always provided that Doc Doctor does not adopt or undertake more far-reaching measures than is justified under the circumstances.
In addition, Doc Doctor is entitled to suspend an individual user’s continued use of the Service if the individual user has submitted information to the Service in breach of applicable legislation or otherwise used the Service in breach of the Terms.
Changes to the terms.
We may update these Terms from time to time. When we do, we will post the revised Terms on our website and notify you of the changes. Your continued use of Doc Doctor after the effective date of the updated Terms constitutes acceptance of the changes.
Modification to the Service
Doc Doctor reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
Feedback
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding Customer Data and other material that you post on the Service in accordance with these Terms) (collectively“Feedback”), are non-confidential and you hereby grant to us and our subcontractors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
User Restrictions
Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services. Licenses for the Service are based on the Service client, data source, data destination and usage restrictions. Licenses may be restricted to one individual, company, your team or specific data access/usage. There may be additional restrictions on purchased licenses and restrictions may change from time to time. We will take every step to inform you of impending changes in a timely manner. Special license usage terms and/or restrictions may be entered into with Doc Doctor through a separate agreement and/or contract that will override these Terms.
Without limiting the generality of the foregoing, you will not:
a) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
b) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
d) deep-link to any portion of the Service for any purpose without our express written permission;
e) “frame”, “mirror,”or otherwise incorporate any part of the Service into any other website without our prior written authorization; or
f) violate any applicable local, provincial, national, or international law or regulation.We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
Dispute resolution by mandatory binding arbitration and class action waiver.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at support@docdoctor.co to attempt to resolve the dispute or controversy informally.
Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.
We agree that any claim we may have against you or your business will also be subject to this arbitration provision. The arbitration will be conducted by a single neutral arbitrator in the English language in Wake County, North Carolina, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Doc Doctor.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Doc Doctor agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Doc Doctor expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This provision survives termination of your account or relationship with Doc Doctor, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Governing law
These Terms are governed by and construed in accordance with the laws of North Carolina Any disputes arising under these Terms will be resolved in the courts located in North Carolina.