Docparser.com is a service operated by SureSwift Capital, Inc., a Canadian company registered under the corporation number BC1153875, (hereinafter “THE OPERATOR”).
By registering on the website docparser.com or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. THE OPERATOR strongly advises the Client to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
"Client" means the individual or legal entity, professional only, with whom THE OPERATOR entered this Agreement and whose name and address appear on the Account. The Client and THE OPERATOR are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“Content” means any data, whether personal or not, contained in the Processed Email sent by the Client to the Document Parser(s) and processed through the Docparser Solution. "Documentation" means all documents that may be viewed, printed and/or downloaded free of charge in electronic form from the website docparser.com, including the knowledge base (support.docparser.com), and the blog (docparser.com/blog), describing the functionalities of the Service and the Docparser Solution.
"Document Parser(s)" means the Document Parser(s) related to one email address generated for the processing of the Processed Documents sent by the Client. Each inbox contains one set of parsing rules tailored to the layout of the Processed Documents.
"Docparser Solution" means the Docparser software, as well as any related applications, developed and published by THE OPERATOR.
“Parsing Rule(s)” means the collection of simple instructions, standard or tailored, which tell the Docparser Solution algorithm what nature and kind of data the Client wants to pull out from the Processed Documents.
“Parsed Content” means any data, whether personal or not, extracted through the Docparser Solution on the basis of the Parsing Rule.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
"Processed Documents" means the documents sent by the Client through he/she/its Account to one of his/her/its Document Parser(s) to be processed through the Service.
"Service" means the grant of access to the Docparser Solution by THE OPERATOR and the use of the Docparser Solution in SaaS mode by the Client, whether through the website docparser.com or through the Docparser application, under the terms and conditions set out in the Agreement.
"Subscribed Plan" means the feebased plan subscribed by the Client for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website docparser.com, or through specific tailored offer (s).
“External Application Programming Interface” or “External API” means an external web service to the Docparser Solution, being webapps (API) or the Client's scripts, to which the Client may send Parsed Content.
2. Purpose of the Agreement
The purpose of this Agreement is to set out the conditions under which THE OPERATOR provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the Docparser Solution in SaaS mode. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
3. Service description, access and availability
3.1. Description of the Service
Docparser Solution is an hosted document processing software, which enables the Client to pull Parsed Content from Processed Documents, based on the Parsing Rules defined by the Client. Docparser Solution provides the Client with the possibility to download or send the Parsed Content to External APIs.
The Service does not include any storage service. The Client understands that he/she/it is has the sole responsibility to ensure by all means available that all data contained in the Processed Documents, Content and Parsed Content are saved and registered. THE OPERATOR excludes any liability in the event of a loss of Processed Documents, Content and Parsed Content.
The Client accesses the Service through his/her/its own and personal Account. The Client’s Account may only be used by one person, a single Account shared by multiple people is not permitted. The Client bears all liability as to the access and the use of the Account. The Account requires the Client to provide his/her/its legal full name, a valid email address, and any other information requested in order to complete the registration process. The Client may create one or more Document Parser(s) for the same Account, depending on the Subscribed Plan.
3.3. Availability and support
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email (firstname.lastname@example.org). Various questions and concerns of the Client may find a quick answer by visiting support.docparser.com.
4. Pricing, invoicing and penalties
A specific pricing applies to any monthly or annual subscription plan, which are detailed under the page Pricing, except for the free Account for a limited period of 30 days. The pricing are in euros or in dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
The Client may have access to a free Account for a period of 30 calendar days, during which the Client uses the Service free of charge. Each Client may subscribe only once to a free Account and shall not maintain more than one free Account. At any time during the trial period, the Client may opt for a Subscribed Plan, which will be charged automatically. For any upgrade or downgrade of the Subscribed Plan, the new price will apply as of the day following the date of the change in the Subscribed Plan. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Client’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Client shall not be entitled to a refund. Further details on how changes and cancellations of Subscribed Plans are handled can be found here: https://support.stripe.com/questions/handlingsubscriptionchanges
4.2. Payment and Invoicing
All Subscribed Plans must be paid, through THE OPERATOR payment service provider (Stripe Payments Europe Ltd), for in full using a credit card, exclusively with one of the following credit card : Visa, Mastercard, Amex. The Client must enter valid credit card information.
The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Client. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. THE OPERATOR will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
THE OPERATOR shall automatically send the Client an email receipt for each payment. In addition, the Client may also download a PDF version of the invoice including the Client’s details in his/her/its Account in the section "Account > Invoices & Billing".
In the event of lack of payment on the due date, THE OPERATOR is entitled to require payment of (i) the entire debt, (ii) a penalty for delay of three times the legal interest rate and (iii) a lump fee for fees recovery.
5. Modification of Service and Pricing
THE OPERATOR reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website docparser.com, the Docparser application or the Service itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.
All Subscribed Plans will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party by email (for the Client: to the Client’s email address provided in the Account; for THE OPERATOR : email@example.com) at least 7 (seven) working days before the end of the Subscribed Plan. It is the sole responsibility of the Client to anticipate the end of the Subscribed Plan, which consequences will be borne exclusively by the Client. No amount received in advance by THE OPERATOR for the Subscribed Plan will be refunded. All Content and Parsed Content will be automatically deleted from the Service at the termination date of the Agreement. The Client is aware that the Content and the Parsed Content cannot be recovered after the termination date of the Agreement.
7. Granting and undertaking of THE OPERATOR
THE OPERATOR undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to THE OPERATOR. For maintenance operations, THE OPERATOR will endeavour to inform the Client in advance by email or via the website docparser.com or the Docparser application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to THE OPERATOR’s applicable rates.
8. Grantings and undertakings of the Client
The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by "bots" or other automated methods are not permitted.
The Client undertakes to :
- acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Client;
- ensure that the Client is trained to use the Service and Internetbased technologies;
- maintain the security of the Account and the related password;
- accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Client hence commits to report any change to these information;
- pay the contractual fees under the conditions set out in the Agreement;
- respect THE OPERATOR’s intellectual property rights;
- refrain from using the Service in conditions that may impair the functioning or safety of the Service;
- refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with THE OPERATOR;
- refrain from uploading, or transmitting unsolicited email or "spam" messages;
- refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by THE OPERATOR;
refrain from transferring to his/her/its Account or storing on his/her/its Document Parser(s), data
- impair the functioning of the Service;
- contain or be likely to contain viruses or any code of a destructive nature;
- be of an illegal nature, contrary to the laws or regulations in force, contrary to morality (pornography, violence, etc.) or infringing third parties’ rights, including (without limitation) intellectual property rights and the right to privacy.
Accordingly, the Client is responsible for any damages such data could cause to THE OPERATOR, to a third party, to the Service and will hold THE OPERATOR harmless against any claims that may be brought against THE OPERATOR by a third party because of such data and, more generally, the Client’s use of the Service. While the Agreement prohibits such conduct and Content on the Service, the Client understands and agrees that THE OPERATOR cannot be held responsible for the Processed Documents and Content submitted to the Service. The Client therefore agrees to use the Service at his/her/its own risk.
THE OPERATOR may remove Processed Documents, Content, Parsed Content and Accounts containing data that THE OPERATOR considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party's intellectual property right(s) or the Agreement.
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by THE OPERATOR is provided solely for the use of the Service but not for the Client’s organization. THE OPERATOR has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client's sole risk. The Client understands that the technical processing and transmission of the Service, including the Processed Documents, the Content and the Parsed Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THE OPERATOR does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client's expectations, and (v) any errors in the Service will be corrected.
The Content and the Parsed Content is kept by THE OPERATOR for a period of 30 calendar days maximum by default for the performance of the Service, excluding any data storage. Therefore, it is the Client's responsibility to ensure the storage and registration of his/her/its data, including the Processed Documents, Content and Parsed Content. THE OPERATOR shall not be held responsible for any loss of Processed Documents, Content and Parsed Content.
THE OPERATOR might block the Client’s Account in the event that the Client went over the limit of the Subscribed Plan. THE OPERATOR excludes any liability for the suspension of the Account.
The Client understands that THE OPERATOR uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
The Clients also understands that, while the Docparser Solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to THE OPERATOR. The Client is therefore solely liable as to the transfer, the download or any use of the Processed Documents, Content, Parsed Content to or through an External API, excluding any liability of THE OPERATOR. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
THE OPERATOR excludes any liability in the events of:
- a downgrading of the Service;
- loss of Processed Documents, Content, Parsed Content, features, or capacity of the Client's Account;
- a modification, price change, suspension or discontinuance of the Service;
- a loss or damage from Client’s failure to comply with the Client's undertakings, including his/her/its security obligation;
- concerning choices of the Parsed Rules made by the Client;
- concerning use of the Parsed Content.
The Client expressly understands and agrees that THE OPERATOR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if THE OPERATOR has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Documents, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of THE OPERATOR is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
10. Termination for breach
Breach(es) of any of the terms and conditions of the Agreement by the Client will result in the termination of the Agreement and the closing of the Client's Account. Should the Client fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, THE OPERATOR shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Client will no longer be able to use the Service. The Client's Content and the Parsed Content relating to the Client’s Account will be deleted without the Client being entitled to any compensation. The Client shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.
No amount received in advance by THE OPERATOR for the Subscribed Plan will be refunded and the Client shall not be entitled to any compensation whatsoever.
Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) THE OPERATOR may present as a result of the Client’s breach(es).
11. Intellectual property rights
11.1. THE OPERATOR ownership and undertakings
All intellectual property rights on the Docparser Solution and all content available on the website docparser.com or the Docparser application remain the sole property of THE OPERATOR. THE OPERATOR warrants that it has developed the Docparser Solution and owns the intellectual property rights to the Docparser Solution and all elements used to provide the Service.
THE OPERATOR undertakes not to claim any ownership on the Processed Documents and Content processed through the Service, which remain the sole property of the Client.
11.2. The Client’s ownership and undertakings
The Client remains the owner of all Processed Documents, Content and Parsed Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by THE OPERATOR, such as but not limited to, the intellectual property rights owned on the Docparser Solution, the related trademark and logo used by THE OPERATOR.
The Client grants THE OPERATOR against any claim, demand, suit or proceedings made or brought against THE OPERATOR by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify THE OPERATOR for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by THE OPERATOR in connection with any such claim, demand, suit or proceedings, provided that THE OPERATOR (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally THE OPERATOR of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
THE OPERATOR and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent THE OPERATOR to mention its commercial relationship with the Client, as provided below.
14. Force majeure
THE OPERATOR uses all technical means which may be reasonably used for the performance of the Service. THE OPERATOR shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which THE OPERATOR relies upon.
The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and THE OPERATOR shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, THE OPERATOR reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.
This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows THE OPERATOR to mention its company name or name and the Service provided for commercial purpose only.
16. Choice of law and jurisdiction
British Columbia, Canada law shall apply to this Agreement and any dispute related to or arising from this Agreement without regard to its conflict of law principles.