Last updated: 17/08/2021
These terms contain the conditions under which Culvertech Ltd (“us”, ”we”, “our”) provides the use of Culverdocs website and application (“services”) to your organisation (“you”, “your”), employees or users on behalf of your organisation accessing our services and how they may be used. Your agreement to these terms is behalf of your organisation and are implied for all related users of the services defined as Portal Users or Device Users or via external means such as API access. These terms supersede any other prior terms, agreements, or conditions either written or orally agreed.
We reserve the right to adjust these terms and are subject to change. We will post any adjustments on our website without notice. In the event of changes deemed major we will proactively inform you of these changes if you hold an active account with us. We advise you check these terms on our website periodically as all future changes are bound to your original acceptance. You have the right to stop using our services if you do not agree with any changes to our terms.
The use of the service is bound and subject to the agreement of these terms and form a legally binding agreement between you and us. Do not continue to use the services described if you do not accept all of the terms and conditions stated.
Unless otherwise specified, we own the intellectual property rights for all material provided by our services. You may view and/or print pages from our website for your own personal use subject to restrictions set in these terms and conditions.
You must not:
You may not use any of our trademarks or content for any means including hyperlinking to our website or any related content without prior consent. These terms do not grant you any rights to our trademarks or branding.
In order to use our services you must register and maintain an organisational account with us, in good standing and must not abuse the services as described within Acceptable Use. Any failure to comply with these terms may result in temporary suspension or termination of your account at our discretion, determined by the severity of such incident.
Services are only available for those accounts and devices which have been paid for in advance of the current calendar month as defined in Fees.
Our services are not to be used by a minor, defined as a person under the age of full legal responsibility. In England, Wales and Scotland the age is 18 but may differ in your local region. If you are a minor you cannot agree to these terms and may not use our service.
You agree to use our services in a responsible manner without abuse or intent to affect services through any means which may result in degraded performance of our services for any accounts including your own, you must not;
We reserve the right to monitor all accounts for suspicious activity including tracking user and account activity, emails and API usage in order to identify behaviour which may affect the health and stability of our service.
We respect the intellectual property rights of others and expect you to do the same. If you are aware of any infringement to rights through the use of our service you must inform us immediately.
Access to our services are restricted through an email address and password to access a Portal User account or via API key for third party services (“credentials”). It is solely your responsibility to maintain the confidentiality of credentials for all accounts related to our service. Your credentials restrict unauthorised access to your data held on our systems and is imperative users comply with these terms and fully understand the risk to your business of any breach resulting in improper use.
Sharing of account credentials between individuals are not permitted with our service, each user accessing our service must use a unique an account setup for their sole use. We are not liable for any improper handling of credentials and any subsequent loss of data or damages caused by intentional or unintentional sharing of account details.
If you believe your credentials have been compromised, please notify us immediately and reset all applicable passwords (including API keys) which may have been affected in order to secure your data. It is your responsibility to identify and report any breach to the applicable authority as defined in Privacy.
We reserve the right to automatically reset your credentials if we believe the account has been compromised or identify suspicious activity, including API Keys or blocking devices from accessing our service as defined in Termination.
If you remove devices or terminate your account in the middle of a billing cycle you will not receive a refund for any time which the device/account was not in use. For any devices removed you will retain a license which can be reused by another device at no extra cost during that billing period. It is recommended you remove unused devices before adding any new devices to your account to avoid additional charges.
Any accounts, devices or users which we deem to have breached these terms may be suspended or terminated with or without reason and with immediate effect. We may block a single device from accessing our services if we believe the device is being used maliciously. In the event of abuse of our API services, we reserve the right to temporarily or permanently block access by IP address or the API key. If we identify abuse or any activity which may degrade performance our systems may automatically block your API key, you will be notified and will be responsible for adjusting any external services which were using the blocked API key.
Your data is only held on our systems for the duration whilst the account is active and in good standing, defined by at least one device assigned to the account and has been paid for. If no devices are assigned to the account or in the event that you consistently fail to pay the associated fees we reserve the right to terminate your account. On request we may agree to keep accounts active without the need for an associated device to facilitate data migration to another service on the condition that data charges are paid during that period.
We are not liable for any costs incurred as a result of a terminated account, device or API key. Refunds for any terminated devices or accounts are at our discretion.
In the event of account termination, all data provided and owned by you can be made available to you upon request in the formats offered by us for a limited time prior to deletion, unless otherwise requested by any lawful or government agency.
We always endeavour to provide a stable and available service through use of distributed technology in order to minimise any single points of failure. However, in some circumstances access to our services may be impacted due to technical reasons or reasons outside of our control.
Access to our service is at your own risk and is provided on an ‘as is’ and ‘as available’ basis. We are not liable for any data, operational or financial damages arising from the use of our service, limited access or outages of our service. We do not guarantee our service will be uninterrupted or error free.
We have measures in place protect us against loss of systems and daily backups are taken to ensure services are recoverable in the event of a disaster. However, you are responsible for maintaining, protecting and downloading copies/backups of your data held on our service. We do not offer point-in-time backups for individual accounts therefore any data overwritten or lost as a result of user deletion is unrecoverable by us.
We continually look to improve our service and may add, alter or remove functionality from a service. We will communicate any changes to the service to users and email addresses provided by you. Any changes which may negatively affect the services we offer to you (such as removing functionality) will be communicated in advance of these changes being applied.
Culverdocs is designed to store and process data (“content”) provided by you, devices and APIs linked to your account. Your data is the sole responsibility of your organisation and are liable for any claims against such content. You retain ownership and intellectual property rights to content provided to and held by us.
We will never sell, copy or distribute any content which is provided and owned by you unless otherwise required by lawful or government agencies.
By entering/providing/uploading data to our service you agree;
In order to ensure our services are compliant with local regulations we may periodically review content which is provided by you to determine whether it is illegal or violates these terms. You grant us the right to modify, delete or restrict access to any content from our service which does not comply with these terms.
Culverdocs provides pre-defined forms (“templates”) available for our users which hold an account to copy, modify and redistribute to their users. These templates are solely for use within our service and must not be replicated or redistributed outside of our service without consent.
We do not guarantee accuracy of these forms or that they will fit your exact business needs without modification. Templates are provided on an ‘as-is’ basis and must be adapted by you to suit your needs accordingly.
We will store and process your data in a manner consistent with industry security standards and follow regulations defined by the European General Data Protection Regulations (“GDPR”). We have implemented appropriate technical, organisational and system measures to ensure the security and confidentiality of the data you provide to us.
Data captured by you or provided to our service is your responsibility as you operate as the data controller, Culverdocs act as the data processor on behalf of your data. You must ensure there are appropriate organisational measures in place to protect your data.
You must ensure and warrant that you are entitled to submit any personally identifiable information (“PII”) about an individual and the relevant data subject has been informed and gives consent of their data for processing through our systems. If you use our systems to distribute data outside of your organisation through our workflow or email systems, you must have prior consent to use and provide us their contact details.
All data transmitted and stored by Culverdocs resides on our servers strictly contained within the United Kingdom. On your instruction our systems can send data to any services outside of our platform such as email or third party APIs which are outside of our control. You are liable for where you instruct our systems to send your data.
You are responsible for any Subject Access Requests (“SAR”) relating to data you have provided us. Once deleted from your account the action cannot be reversed and the data is permanently deleted from our systems. No copies of your data are held except routine backups strictly for disaster recovery purposes.
We use third party sub-processors to store and process your data to facilitate elements of our service. By agreeing to these terms you provide authorisation for us to use the designated sub-processors. If you wish to receive a list of sub-processors who handle your data please contact us.
You grant us royalty-free rights and non-transferrable license to use your trademarks, company name and logos for the purpose of promoting you as a customer in order to promote and distribute marketing material, published on our website and in printed media. Any feedback or testimonials provided by individuals via any means (directly or indirectly through use of software distribution services such but not limited to Google Play or App Store) may be used for marketing purposes and the individuals views may be associated and deemed the views of your company.
If you do not wish us to use your company name, logo or individuals name in any publications please inform us immediately.
You agree to pay Culvertech Ltd the associated fees for the services which are purchased through your account by the assigned administrator(s) on behalf of your organisation and are payable by the due date specified on the invoice.
Any users provided administrative rights to your account have the ability and responsibility to make decisions which may affect your monthly fees such as adding or removing devices. Resulting adjustments to your fees are bound by this agreement and are the responsibility of the organisation to pay for such requests.
Our services are billed on a recurring monthly subscription basis. Your monthly subscription will automatically renew on the 1st day of each calendar month at the agreed cost per device on account, these are payable in advance and are non-refundable. All devices are considered active unless otherwise removed. It is your responsibility to maintain the list of active devices and remove devices which are inactive or no longer required.
Devices added within a billing period will incur a pro-rata charge calculated between the current day and the end of the billing period, and monthly thereon. You will be provided the pro-rata cost when adding a device to your account.
We reserve the right to adjust our fees and will notify you in advance of any increases.
Each party agrees to indemnify, defend, and hold harmless us or third parties from and against any claim of loss, cost, or damage of any kind including penalties and legal and other reasonable professional costs and expenses arising out of or in connection with a breach of these terms, negligence or misconduct.
Nothing in these terms shall restrict or limit your general obligation to mitigate a loss we may suffer or incur as a result of an event that may give rise to a claim under this indemnity.