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Terms of Service
These Terms of Service ("Terms") cover your use of and access to our services, client software and websites ("Services"). Your agreement is with Digital Clipboard Limited ("Digital Clipboard"). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.
Your Responsibilities
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
Digital Clipboard may review your conduct and content for compliance with these Terms and our Acceptable Use Policy.
Help us keep your information protected. Safeguard your password to the Services and keep your account information current. Don't share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years old (or older, depending on where you live).
Software
Some of our Services allow you to download client software ("Software") which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone to do so.
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 words or phrases with similar meanings) and may not be as reliable as Digital Clipboard's other services. Beta Services are made available 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 official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
Our Stuff
The Services are protected by copyright, trademark, and other United Kingdom and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Digital Clipboard trademarks, logos and other brand features. We welcome feedback but please note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Copyright Agent Digital Clipboard Limited
282 Old Brompton Road London,
SW5 9HR United Kingdom
copyright@digitalclipboard.com
Subscription Plans
Billing
At the conclusion of a "Free Trial period" or with the addition of paid features to your account, your subscription will become a "Paid Account". We'll automatically bill you from this date and on each periodic renewal date until cancellation. If you're on an annual plan, we'll send you a notice email reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.
No refunds
You can cancel your Digital Clipboard Subscription at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account.
Downgrades
Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Termination
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
you're in breach of these Terms
your use of the Services in a manner that would cause a real risk of harm or loss to us or other users
you don't have a Paid Account and haven't accessed our Services for 12 consecutive months
We won't provide notice before termination where:
(a) you're in material breach of these Terms
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users
(c) we're prohibited from doing so by law
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Digital Clipboard's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Data from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL CLIPBOARD AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR DIGITAL CLIPBOARD'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSION AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DIGITAL CLIPBOARD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ii. ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DIGITAL CLIPBOARD OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, DIGITAL CLIPBOARD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. DIGITAL CLIPBOARD AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF £20 GBP OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DIGITAL CLIPBOARD.
Resolving Disputes
Let's try to sort things out first
We want to address your concerns without needing a formal legal case. Before filing a claim against Digital Clipboard, you agree to try to resolve the dispute informally by contacting dispute-notice@digitalclipboard.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Digital Clipboard may bring a formal proceeding.
Judicial Forum for Disputes
You and Digital Clipboard agree that any dispute or claim arising out of or in connection with this agreement (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party agrees that the courts of England and Wales 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).
Entire Agreement
These Terms constitute the entire agreement between you and Digital Clipboard with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
Digital Clipboard's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Digital Clipboard may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
(a) changes to the law
(b) new regulatory requirements
(c) improvements or enhancements made to our Services
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don't agree to the updates we make, please cancel your account before they become effective. Where applicable, we'll offer you a pro rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Questions.
If you have questions about this policy, email legal@digitalclipboard.com.
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