Terms and Conditions of Service

These Terms govern the use of Perfect Doc Studio, owned and operated by Tekclan Software Solutions Pvt. Ltd., a company registered under the laws of India, operating under the brand name YuniQ ("Perfect Doc Studio", "we", "our" or "us"). These Perfect Doc Studio Terms and Conditions of Service (the "Terms") govern access to and use of the Perfect Doc Studio website, products, and services (collectively, the "Application") by individuals and businesses (collectively, "User", "you" or "your"). Subscribers or licensees to products or services of the Application (each, a "Customer").

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity.

IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE APPLICATION. USE OF THE APPLICATION IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS.

If you are an individual accepting these Terms on behalf of an entity, the entity is the Customer. You represent that you have the legal capacity and authority to enter into this agreement on the Customer's behalf.

Any other supplemental terms, policies and documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference.

By clicking "I Agree", by accessing, or using the Application, agree to these Terms (whether on behalf of yourself or a business you represent).

SECTION 1 – OUR SERVICES

a. The information provided when using the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

b. Signing up with a managed email address. If you sign up to the Application using an email address associated with your employer or another organization ("Entity"), (i) you represent and warrant that you have the authority to bind the Entity to these Terms; (ii) your use of the Application will bind the Entity to these Terms; and (iii) "User", "you" or "your" in these Terms will refer to both you and the Entity. The Account you create using an email address associated with an Entity will be an "Administered Account".

If you have an Administered Account, at the Entity's request, we may (a) share your email address, name and Account information with your Entity; (b) transfer control of the Administered Account to the Entity. If your Administered Account is transferred, the Entity's admin will be able to access, transfer and control your Administered Account and its contents.

SECTION 2 – APPLICATION ACCESS AND USE

2.1 ELIGIBILITY TO USE

You represent and warrant that you are of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms on behalf of your Entity. You acknowledge that you are not permitted to use the Application if you cannot make these representations. If we have previously prohibited you from accessing or using the Application, you are not permitted to access or use the Application. You represent and warrant that you are authorized (on behalf of the Entity you represent) to agree to these Terms with binding effect to the agreeing party.

2.2 LIMITED RIGHT TO USE

Upon your acceptance of these Terms, you may access and use the Application for your personal, non-commercial use or internal business purposes and only as expressly permitted in these Terms. Any violation by you of the restrictions contained in these Terms may result in the immediate termination of your right to use the Application, as well as potential liability for infringement or other claims depending on the circumstances. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Application. Each User has an unique Account and you are responsible for the activity conducted in your Account. You may not allow any other party to access or use your Account.

2.3 AVAILABILITY

Our Application may be accessible worldwide, but this does not mean the Application is available in your country or that information available via the Application is legal or available in your country. Access to the Application (or certain Application features) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Application is legal or available where you use them. Application is not available in all languages. Subject to these Terms, you have a right to access and use the Application solely for your personal, non-commercial use or internal business purposes, and per applicable Subscription Plan, and any other written terms provided by us from time to time governing the use of our Application. If you are or become a direct competitor of ours, you may not access or use any Application without our written consent.

2.4 UPDATES

We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Application with a "last updated" date. PLEASE REVIEW THIS WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE APPLICATION AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we will not be liable to you or to any third party for any revision to the Terms.

2.5 COMMUNICATIONS

You agree to receive all communications, correspondences, and notices that we provide in connection with our Application, including but not limited to, marketing and promotional messages related to us, correspondence regarding our delivery of the Application providing you information related to your purchase of or subscription to the Application ("Communications"), via electronic means, including by e-mail, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Application. To the fullest extent permitted under applicable laws, you agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to the extent you are a Customer to keep your contact information current. At any time, you can opt out of our email marketing and promotional messages sent to you by unsubscribing.

2.6 LAWFUL USE

You agree to use the Application solely for lawful purposes and in compliance with applicable laws and regulations, such as but not limited to transmitting any unlawful, infringing, threatening, harassing, defamatory, obscene, or otherwise objectionable material, soliciting personal information from minors or interfere with the operation of the Application.

2.7 ZERO TOLERANCE

We maintain a zero-tolerance policy towards discriminatory behaviour. Use of the Application to discriminate on the basis of race, religion, sex, sexual orientation, age, disability, political views, ancestry, national origin, or any other protected characteristic is strictly prohibited.

2.8 USAGE RESTRICTIONS

Along with the terms provided in the Acceptable Use Policy, without a prior written consent from us, you agree not to:

  • 2.8.1 Use the Application in a manner that would result in disability or imparity of its functionality or performance.
  • 2.8.2 Rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Application to any third party (except as permitted under these Terms).
  • 2.8.3 Use automated devices or processes to access or use the Application for unauthorized purposes.
  • 2.8.4 Use a virtual private network (VPN) to circumvent geographic-based pricing or content access.
  • 2.8.5 Use the Application to transmit unsolicited emails or engage in spamming.
  • 2.8.6 Attempting to modify, reverse engineer, decompile or disassemble any part of the Application.
  • 2.8.7 Interfere with the proper functioning or operation of the Application.
  • 2.8.8 Frame, mirror, or reproduce any part of the Application on another website, platform or medium.
  • 2.8.9 Attempt to gain unauthorized access to any portion of the Application, its systems, or associated networks.
  • 2.8.10 Bypass the measures we may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Application or any of its content.

2.9 PROHIBITED ACTIVITIES

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. In addition to your compliance to the terms provided in the Acceptable Use Policy and any other points provided in these Terms, you agree not to engage in any of the following prohibited activities while accessing or using the Application:

  • 2.9.1 Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • 2.9.2 Accessing or attempting to access non-public areas of the Application, or the systems belonging to our service providers.
  • 2.9.3 Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Proprietary Materials.
  • 2.9.4 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
  • 2.9.5 Probing, scanning, or testing the security or vulnerability of any system or network associated with the Application.
  • 2.9.6 Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
  • 2.9.7 Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Proprietary Materials for any revenue-generating endeavour or commercial enterprise.
  • 2.9.8 Utilizing the Application through any unauthorized means.
  • 2.9.9 Sending deceptive, misleading or false information through the Application.
  • 2.9.10 Intentionally disrupting or interfering the access or operation of the Application of any other user, host, or network.

2.10 RESPONSIBILITY FOR DATA

You are solely responsible for the data you generate using the Application. We are not responsible for any data created by you. By using the Application, you authorize us to access, use, and display data as necessary to provide the Application service, customer support, and to protect its systems.

SECTION 3 - INTELLECTUAL PROPERTY

3.1 OWNERSHIP OF MATERIALS

The Application contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties including but not limited to all source code, databases, functionality, software, website designs, audio, video, text paragraphs, and graphics in the Application. You agree to abide by all applicable copyright and other intellectual property laws, as well as any additional proprietary rights notices or restrictions contained on the Application. You acknowledge that the Application contains valuable intellectual property of us and our licensors. All present and future rights in and to any and all intellectual property or other proprietary rights of any type, including without limitation information, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to such intellectual property, as between you and us, at all times be and remain the sole and exclusive property of us and our licensors. Except for the rights expressly granted in these Terms, nothing will be construed or will grant, convey, transfer, assign, or imply the conveyance of rights, claims, ownership or other claim to any right or title to the Application or any other technology, software, business processes or intellectual property of us. Any rights not expressly granted in these Terms or otherwise in writing between you and us are reserved by us and any unauthorised use of any intellectual property regarding the Application is strictly prohibited.

3.2 THIRD-PARTY TRADEMARKS

Some company and product names, logos, brands, and other trademarks featured or referred to within the Application may belong to third parties. These trademark holders are not affiliated with, nor do they sponsor or endorse the Application.

3.3 PROPRIETARY MATERIALS

All source code, databases, functionality, software, templates, website designs, graphics and other materials provided by us, including any downloadable resources (collectively referred to as "Proprietary Materials"), are the intellectual property of us or our licensors and are protected by copyright laws. The use of the Proprietary Materials is governed by these Terms and any additional licensing terms that may be provided by third-party providers. Unauthorized reproduction, distribution, or use of Proprietary Materials is strictly prohibited and may result in legal action, including civil and criminal penalties.

3.4 USER-GENERATED CONTENT

You retain ownership of the content you create using the Application, including any drafts or documents ("User Content"). However, by using the Application, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and distribute such User Content as necessary to provide the service. You are solely responsible for ensuring that any User Content you create and send does not violate any third-party rights or applicable laws. We process Customer Data and User Content solely to provide the Application and only in accordance with Customer's documented instructions. We will not use Customer Data for advertising, marketing, and analytics unrelated to service provision, or for training AI models.

More of the Entered Data and Master Templates details are provided in the Content License Policy.

3.5 USAGE RESTRICTIONS

You are prohibited from using the Proprietary Materials to depict identifiable persons in an offensive, pornographic, obscene, immoral, defamatory, or libelous manner. You are also prohibited from using Proprietary Materials in logos, trademarks, service marks, or any other branding or identifiers. You are prohibited from downloading Proprietary Materials without significant modification and from falsely representing, explicitly or implicitly, that any Proprietary Material was created by you or by someone other than us.

Except as explicitly authorized by the Terms, you may not

  • 3.5.1 Copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, exploit, create derivative works from, or otherwise use any Proprietary Materials without prior written permission from us.
  • 3.5.2 Modify or adapt the Proprietary Materials for public or commercial purposes without a written agreement.
  • 3.5.3 Copy, reproduce, aggregate, republish, upload, post, alter, publicly displayed, encoded, translated, transmitted, distributed, sold, license or otherwise exploit for any commercial purpose whatsoever or use the trademarks, service marks, trade names, trade dress, and logos in the Application without prior written consent from us. We reserve the right to fully enforce its intellectual property rights under the applicable law.

3.6 USER CONTENT CREATION

You acknowledge that all User Content created, distributed, or accessed using the Application is at your own risk and that you are solely responsible for any damage or loss to yourself, us, or any other party resulting from such actions and as per the terms provided in the Content License Policy. You further warrant that you have all necessary rights to create and use such User Content and that you do not infringe on any third party's rights, including copyright and/or trademark rights.

3.7 CLIENT IDENTIFICATION

We may use your name and/or logo to identify you as a Customer/client of us. The use of your name and logo does not create any ownership rights therein, and all rights not granted to us are reserved by the respective right owner.

SECTION 4 – SUBMISSION OF USER CONTENT

4.1 ENTERED DATA

"Entered Data" refers to any information, data, or content submitted by you to the Application, including but not limited to postings, and content entered manually or synchronized with a third-party website to create User Content. We do not verify the accuracy, completeness or validity of these Entered Data, which may therefore contain errors. You assume full responsibility for the creation, use, and management of all forms, tables, and other content you create or that is generated through your use of the Application. You acknowledge and accept all risks associated with your Entered Data, including but not limited to (a) reliance on the accuracy, completeness, or usefulness of the Entered Data by other users or third parties (b) potential disclosure of Entered Data that personally identifies you or third parties. You represent and warrant that the Entered Data complies with the Terms and does not violate any applicable laws, regulations, or rights of third parties.

4.2 LICENSE GRANT

Subject to any applicable account settings you select, hereby you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Entered Data (in whole or in part) for the purposes of operating and providing the Application services to you.

4.3 WARRANTIES

You warrant that you have obtained all necessary intellectual property rights, including moral rights for the Entered Data. You further warrant that the holder of any worldwide intellectual property rights in the Entered Data has fully and effectively waived such rights and has validly and irrevocably granted you the right to grant the license described above to us.

SECTION 5 – RESTRICTIONS ON USE OF THE APPLICATION

By using the Application, you agree not to, and not permit others to, make available any content through the Application, and not engage in any activity or transmit any information that in our discretion:

  • 5.1.1 Is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically, or otherwise objectionable.
  • 5.1.2 Violates or encourages conduct that would violate any applicable law or regulation or would give rise to civil liability.
  • 5.1.3 Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
  • 5.1.4 Is violent or threatening or promotes violence or actions that are threatening to any other person.
  • 5.1.5 Promotes illegal or harmful activities.
  • 5.1.6 Harm minors in any way.
  • 5.1.7 Impersonate any person or entity, including but not limited to our personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • 5.1.8 Makes available content you do not have the right to disclose under any law, under contractual agreement, or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  • 5.1.9 Infringes the intellectual property or other legal rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary and contractual rights.
  • 5.1.10 Intentionally or unintentionally violates any applicable local, state, national, or international law or regulation, or any court order.
  • 5.1.11 Advocates, encourages, or assists any third party in engaging in any of the prohibited activities under the Terms.

SECTION 6 – TERMS OF USE

6.1 RIGHT TO USE THE APPLICATION

Subject to these Terms, you have a limited non-exclusive, non-transferable right and license during the Term, to: (a) use the Application; (b) implement, configure, and, through its Account, permit you to access and use the Application up to any applicable limits or maximum in your Subscription Plan; and (c) access and use the Application, solely for your internal business purposes; (d) bound by any other written terms provided by us from time to time governing the use of the Application; and (e) in accordance with the terms we publish or otherwise provide you to support your use of the Application.

Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Application, as well as potential liability for copyright infringement or other claims depending on the circumstances. You shall not, and will not permit others to, use the Application or allow access in a manner that circumvents contractual usage restrictions or that exceeds authorized use or usage metrics set forth in these Terms, and any applicable Subscription Plan.

6.2 ACCOUNT CREATION

To access and use the Application, you shall be required to create an account ("Account"). By doing so, you agree to the following.

  • 6.2.1 Provide accurate, current, and complete information as prompted by the Application and maintain and promptly update such information to ensure its accuracy.
  • 6.2.2 Use your Account solely for internal purposes. Reselling or redistributing the Application is not permitted.
  • 6.2.3 By creating an Account, you agree to receive Communications related to the Application.
  • 6.2.4 Upon the initial registration of an organization on the Application, the first user to create an Account on behalf of the Entity shall automatically be designated as the Primary User. The Primary User shall have administrative privileges, including but not limited to (a) User Management: The ability to add, modify, and remove users within the same organization; (b) Access Control: The authority to assign and manage roles, permissions, and access levels for other users. (c) Data Oversight: The capacity to view and manage data, reports, and other relevant information associated with the organization. The Primary User may delegate or share administrative privileges with other users by granting them admin rights, subject to the platform's terms and conditions. The Primary User can be reassigned upon request to support@perfectdoc.studio.

6.3 SUBSCRIPTION PLANS

The Application is available through the a (a) Free Plan: Restricted to a few features; (b) Standard, Standard Plus and Premium Plans: Offering additional features and capabilities.

6.4 ACCOUNT SECURITY

As an Account holder, you are responsible for ensuring the security and confidentiality of your Account credentials. You are accountable for all activities conducted under your Account, including unauthorized access and sharing your Account with others is not permitted. You must notify us immediately if you suspect any unauthorized use of your Account or security breaches and you are liable for all charges incurred through your Account, even if resulting from unauthorized use.

6.5 ACCOUNT CONDUCT

When using the Application, you agree to maintain appropriate conduct, including but not limited to the following.

  • 6.5.1 You may not impersonate others, create Accounts on behalf of anyone other than yourself, or provide false information during registration or account usage.
  • 6.5.2 Creating multiple accounts for the same individual is prohibited.
  • 6.5.3 While using pseudonyms are permitted, identification by others will be based on other information you provide.

6.6 TEAM MANAGEMENT AND USER ROLES

The Application includes a feature that allows users to create and manage "Teams" and "Users" based on the subscription plan selected. This feature is intended for teams, businesses and organizations of all sizes who want to work, design and publish together. The Primary User who initiates the subscription (the "Primary User") shall have full administrative privileges for that organization, including the ability to:

  • Create, modify, and delete Teams (subject to plan limitations),
  • Invite and manage other Users within their Team and the Application,
  • Assign or revoke administrative rights to other Users ("Admin Users"),
  • Define specific roles and permissions for individual Users based on functionalities available within the Application.

Each Team operates in a siloed environment, and User of one Team shall not have access to, visibility into, or control over the data, content, or settings of any other Team.

Users who are not designated as Admin Users shall be subject to access restrictions as per the roles assigned to them. These roles will determine the extent to which such Users can access, modify, or interact with features or content within the Application. The Application shall not be responsible for role-based restrictions or permissions applied by Admin Users or the Primary User.

All Users invited or added to the Application under any Team, regardless of their role shall be deemed to have accepted and shall be fully bound by these Terms and any additional policies, guidelines, or agreements applicable to the Application. The Primary User is solely responsible for ensuring that each User is authorized and has read and accepted these Terms.

If you are on Teams on Application Teams, the Primary User or Admin Users may control access to, delete, or re-assign ownership to the templates, Entered Data and User Content you create on the Account you access as part of the Team. We are not responsible for any actions taken by Primary User or Admin Users. It is your responsibility to not upload Entered Data or create User Content on an Account associated with a Team if you do not want to potentially transfer ownership or disclose such User Content or any data to others on the Team.

Each User, including Admin Users and Users added by the Primary User, shall bear the same obligations, responsibilities, and liabilities under these Terms as the Primary User. Any breach of these Terms by any User within an Entity and the Application shall be deemed a breach by the Entity as a whole, and we reserve the right to act against the Entity and/or the individual User(s) involved, at its sole discretion. If you use this team and user management services which allow you to manage the Teams and Users using the Application at your Entity, you represent and warrant that you are authorized to do so on behalf of your Team and/or Entity.

6.7 API USE

6.7.1 Access and Credentials. Subject to your compliance with these Terms, we may provide you with access to certain Application Programming Interfaces ("APIs"), API credentials (including access tokens or keys), documentation, and related materials (collectively, the "API Materials") solely to enable integrations with the Application in accordance with permitted usage levels and features under your Subscription Plan.

6.7.2 License Grant. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to use the API Materials solely for lawful purposes and solely in connection with your authorized use of the Application. This license does not permit resale, sublicensing, or sharing of the API Materials with third parties without our prior written consent.

6.7.3 Security and Usage Responsibility. You are solely responsible for:

  • maintaining the confidentiality and security of your API credentials,
  • Ensuring that API credentials are not exposed publicly or embedded in unsecured code repositories, and
  • All activity occurring through your API credentials, whether or not authorized.

You agree to immediately notify us of any actual or suspected unauthorized use or disclosure of API credentials.

6.7.4 Restrictions. You agree not to (i) use the API Materials in a manner that violates applicable laws, infringes on third-party rights, or circumvents security or access controls of the Application, (ii) interfere with or degrade the performance, integrity, or availability of the Application, (iii) use the APIs to extract or replicate Application functionality to create a competing product, (iv) exceed rate limits or restrictions set by us, which may be modified from time to time at our sole discretion.

6.7.5. Monitoring and Suspension. We reserve the right to monitor your API usage for compliance and performance purposes. We may, with or without notice (i) throttle or suspend API access for excessive or abnormal usage, (ii) revoke or disable API credentials for violations of these Terms, or (iii) terminate API access entirely for any reason, at our sole discretion.

6.7.6. Data Handling and Privacy. Where API use results in the transmission, processing, or storage of personal data or sensitive information, you represent and warrant that (i) you have obtained all necessary rights and consents, (ii) you comply with all applicable data protection laws, and (iii) you shall implement appropriate safeguards to protect such data.

6.7.7. No Support or Warranty. API Materials are provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, regarding the availability, performance, or compatibility of the APIs with your systems or applications.

6.7.8. Indemnity. You agree to indemnify, defend, and hold harmless us from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in any way connected with your use of the API Materials, including misuse by third parties to whom you provided access.

SECTION 7 – PURCHASES AND PAYMENTS

7.1 SUBSCRIPTION PLAN

The prices and features of the Application is subject to then-current purchase options or entitlements offered by Perfect Doc Studio in its sole and absolute discretion ("Subscription Plan"). Subscription Plans may be generally published on our Application or offered to you via email or through in-product communications. We reserve the right to change the prices for or alter the options to Subscription Plans available for purchase without prior notice.

By upgrading to a paid subscription from the Free Plan, you agree to pay the subscription fees according to the billing cycle as applicable by us. The paid subscription will automatically renew for the same time unless cancelled prior to the next billing cycle. No refunds will be issued for early termination of a subscription once charges have been applied to your payment method, or an automatic renewal has occurred. Refunds in other circumstances are at our sole discretion. No refunds will be issued for downgrade from a paid subscription back to the Free Plan. If you choose to downgrade from a higher-tier subscription to a lower-tier plan, any unused portion of the amount already paid for the higher-tier plan will be credited to your account and applied toward your next billing cycle.

We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your Subscription Plan to the fullest extent permitted under applicable laws. Your continued use of the Application after the changes have been made will constitute your acceptance of the changes. If you accept the new Subscription Plan, its terms and conditions with these Terms will apply in the renewal term and thereafter.

7.2 PAYMENT FAILURE

If we do not receive timely payment when due, the Subscription Plan will automatically get terminated and you will be subjected with the Free Plan within five (5) days of payment failure. Amounts due to us may not be withheld or offset by you for any reason against amounts due or asserted to be due from us.

7.3 CANCELLATION POLICY

Subscription Plan downgrade must be initiated through your Account login. If login credentials are unavailable, it is your responsibility to contact us for Account access assistance. Failure to cancel before the next billing cycle will result in charges, and refunds will not be provided post-charge date.

7.4 PAYMENT PROCESSING METHODS

We may provide multiple payment processing options to facilitate transactions. You must comply with the terms of any third-party payment processors used. We reserve the right to modify or discontinue payment methods at its discretion without prior notice. Upon successful purchase, your credit card or other payment method may be charged, including applicable taxes and fees. You are solely responsible for ensuring timely payment for services.

7.5 TAXES

You are responsible for any taxes applicable under your jurisdiction of residence. We disclaim liability for unpaid taxes that are your obligation.

7.6 FREE PLAN

If you register for the Free Plan, you may be presented with additional terms and conditions when registering for a Free Plan, and any such additional terms and conditions are hereby incorporated into these Terms by reference and are legally binding. This Section (Free Plan) supersedes and applies notwithstanding any conflicting provisions with regard to access and use of a Free Plan and shall continue to be effect whenever you use the Application.

7.6.1 To the fullest extent permitted under applicable laws, Perfect Doc Studio reserves the right to alter the features of a Free Plan or end it altogether without prior notice.

7.6.2 FREE PLAN OF THE APPLICATION MAY NOT INCLUDE OR ALLOW ACCESS TO ALL FEATURES OR FUNCTIONS.

7.6.3 NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, INCLUDING WITHOUT LIMITATION THE WARRANTIES DESCRIBED OR ANY SERVICE-SPECIFIC TERMS AND CONDITIONS APPLICABLE TO A PARTICULAR PERFECT DOC STUDIO SERVICE, INCLUDING EXHIBITS AND ATTACHMENTS ACCOMPANYING SUCH SCHEDULE, DURING THE USE OF A FREE PLAN, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY THAT MAY BE SET FORTH IN THESE TERMS, AND PERFECT DOC STUDIO DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND PERFECT DOC STUDIO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE USER'S USE OF THE FREE PLAN IS RS. 10,000. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.

SECTION 8 – REPRESENTATIONS AND WARRANTIES

8.1

You explicitly represent, warrant, and acknowledge to the following:

  • 8.1.1 We do not warrant or guarantee that any material provided through the Application will conform to your personal, religious, or political beliefs.
  • 8.1.2 We do not guarantee the suitability, availability, or reliability of any materials or content, data, products, or services accessible through the Application.
  • 8.1.3 We do not verify the authenticity, quality or accuracy of any materials, content, or services, including those provided by third party providers.
  • 8.1.4 We make no representations or warranties about materials or content owned or licensed by third parties.
  • 8.1.5 Us and our employees, officers, or representatives are not financial advisors and make no financial representations or promises regarding any materials or content made available through the Application.
  • 8.1.6 Us and our employees, officers or representatives are not healthcare professionals and do not provide healthcare advice, representations, or promises related to materials or content available on the Application.
  • 8.1.7 We are not a party to any transaction between you and a third-party provider of products or services accessible through the Application. Any disputes arising from such transactions shall be resolved solely between you and the respective third-party.
  • 8.1.8 All information, data, materials, or content available through the Application, including any social media pages of us, is provided strictly for informational purposes and does not constate professional advice.
  • 8.1.9 You assume all risks associated with using the Application, including but not limited to risks associated with online or offline interactions with other users, third party service providers, and any additional fees or charges levied by your mobile carrier or other service providers.

8.1.10 THE APPLICATION AND ANY INFORMATION WE SUPPLY YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOUR USE OF THE APPLICATION AND INFORMATION WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTEND LEGALLY POSSIBLE, PERFECT DOC STUDIO AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS ("PERFECT DOC STUDIO PARTIES"): (a) MAKE NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DO NOT WARRANT THAT THE APPLICATION OR INFORMATION ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE APPLICATION AND/OR INFORMATION.

8.1.11 THE PERFECT DOC STUDIO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE APPLICATION OR INFORMATION HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR THEREOF, AND ASSUME NO RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES RELATED TO THE APPLICATION OR INFORMATION; (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION OR INFORMATION; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR APPLICATION OR INFORMATION, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE APPLICATION; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION THROUGH THE ACTIONS OF ANY THIRD PARTY; (vi) ANY LOSS OF YOUR DATA OR OTHER CONTENT FROM THE APPLICATION; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY OF YOUR DATA OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF PERFECT DOC STUDIO TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.

8.1.12 THE PERFECT DOC STUDIO PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, AND THE PERFECT DOC STUDIO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY ACTIVITIES BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR ACTIVITIES WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION.

8.2 CONTENT OWNERSHIP

You represent, warrant, and confirm the following:

  • 8.2.1 You own all rights to any content uploaded, provided, imported, copied, or utilized via the Application, including but not limited to designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, and any other information provided by you for creating the User Content. You have the necessary rights, titles, licenses, consents, and authority to legally access, import, copy, use, publish, transfer, or license such content.
  • 8.2.2 You have and will maintain the necessary rights and consents for the Application to access websites, web pages, and/or other online services for the purpose of importing, copying, displaying, uploading, transmitting, or otherwise using your Entered Data.
  • 8.2.3 You have obtained all consents and permissions as required by applicable laws for the posting, transmission, or publishing personal information, images, or likeness of individuals, entities, or properties included in the content you upload. You affirm compliance with all relevant legal and regulatory requirements.
  • 8.2.4 You will post, maintain, and adhere to a publicly accessible privacy notice on digital properties where data is collected, ensuring compliance with applicable Data Protection Laws.
  • 8.2.5 You will provide all required notices and obtain consents necessary under applicable Data Protection Laws to lawfully enable Perfect Doc Studio to deploy cookies and similar tracking technologies, as well as collect data from devices of contacts and end users. You accept sole responsibility for the accuracy, quality, and legality of your data collection and use practices.
  • 8.2.6 All content you provide or use in connection with the Application does not infringe or violate the copyright, trademark, privacy, publicity, or proprietary rights of any third party.
  • 8.2.7 You acknowledge that prior or future licenses granted to third parties may conflict with your use of the materials for trademarks, service marks, corporate identification, or logos.
  • 8.2.8 You acknowledge that prior or future licenses granted to third parties may adversely affect your ability to secure federal, state, or international trademark protection for trademarks incorporating the materials.

SECTION 9 - TERM AND TERMINATION

9.1 TERM

The period of effectiveness of these Terms, with respect to the Application commence on the date you accept them and remain in full force and effect until the either of the existence of your Account in the Application, Subscription Plan expires or terminated earlier in accordance with the period mentioned in the Application, whichever is later ("Term").

9.2 SUSPENSION OF ACCESS TO APPLICATION

In accordance with these Terms, we may suspend any use of the Application, remove any content or disable or terminate any Account or User we are reasonably and in good faith believes violates these Terms. We will use commercially reasonable efforts to notify you prior to any such suspension or disablement, unless we reasonably believe that: (a) we are prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (b) it is necessary to delay notice in order to prevent imminent harm to the Application or a third party. Under circumstances where notice is delayed, we will provide the notice if and when the related restrictions in the previous sentence no longer apply.

9.3 TERMINATION BY US

We reserve to suspend or terminate these Terms and any associated services immediately and without prior notice under the following circumstances:

  • 9.3.1 Inability to charge your payment provider for any reason.
  • 9.3.2 A material breach of any provision of these Terms by you.
  • 9.3.3 Abuse or unreasonable interference with the operation of the Application.
  • 9.3.4 If we are required to terminate the Application access to you by law.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

All terminations for cause will be at our sole discretion, and we shall not be held liable to you or any third party for the termination of your Account.

Upon termination or expiration, we will delete or return all Customer Data within thirty (30) days unless applicable law requires longer retention.

9.5 TERMINATION BY CUSTOMER

You may deactivate your Account at any time before the start of the next billing cycle or at any time via your Account login. Subscriptions will automatically renew at the end of each period unless cancelled per the procedure outlined in these Terms.

9.6 EFFECT OF TERMINATION

Deactivation of your Account shall result in (a) Access Removal: Loss of access to the Application and prohibition of further use; (b) Cessation of Rights: Your right to use the Application Service will immediately cease upon deactivation. We will not be held liable for any suspension or termination, including the deletion of your content. Certain provisions based on the nature of survivability, including but not limited to ownership, warranty disclaimers, and limitations of liability, shall survive termination.

9.7 NO SUBSEQUENT REGISTRATION

If we discontinue your registration or access to the Application due to a violation of these Terms or for inappropriate conduct, you agree not to (a) attempt to re-register or gain access through another account or alternate methods; (b) claim a refund for fees associated with terminated Account.

Violating this provision grants us the right to take immediate action, as outlined in these Terms, without notice or warning.

SECTION 10 – DATA AND CONFIDENTIALITY

10.1 CUSTOMER DATA

Customer Data means personal data uploaded by you to the Application. Customer Data is deemed your "Confidential Information" subject to the respective confidentiality terms under these Terms ("Customer Confidential Information").

10.2 PERSONAL DATA PROCESSING

Except as described in these Terms (i) we may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process (e.g. a subpoena or other legal process); and (ii) we may also share your information in situations involving potential threats to the physical safety of any person, the Terms, or any other of our user agreements or terms in effect; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Perfect Doc Studio and its affiliates, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

10.3 DATA PROCESSING AGREEMENT

10.3.1 The Customer is the controller of all Customer Data. We act as the processor and shall process Customer Data only on behalf of and in accordance with the instructions of the Customer.

10.3.2 Processor shall process Customer Data solely for the purpose of providing and maintaining the Application and related services. Processor shall not process Customer Data for its own purposes, including but not limited to marketing, profiling, or training machine learning models, unless expressly instructed in writing by Customer.

10.3.3 Processor shall implement and maintain appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.

10.3.4 Taking into account the nature of the processing, processor shall assist Customer by implementing appropriate technical and organizational measures, insofar as possible, for the fulfillment of the Customer's obligation to respond to requests to exercise data subject rights under Applicable Data Protection Laws.

10.3.5 Processor shall notify Customer without undue delay upon becoming aware of a personal data breach affecting Customer Data. Such notification shall include, to the extent reasonably possible, details of the breach, the likely consequences, and the measures taken or proposed to address it.

10.3.6 Upon termination or expiration of the Agreement, processor shall, at Customer's choice, delete or return all Customer Data and delete any existing copies, unless retention is required by applicable law. Processor shall certify completion of deletion or return upon Customer's request.

10.3.7 Processor may engage third-party subprocessors to support the provision of the services. Processor shall maintain an up-to-date list of subprocessors. Processor will notify Customer via the Terms in advance of any intended changes to the list and will provide Customer the opportunity to object on reasonable and documented grounds relating to data protection.

10.4 USAGE DATA

We may collect, generate, store and use diagnostic and usage-related data, and information, or insights generated or derived from the use and operation of the Application. We own all right, title, and interest in any such usage data and may use it for its business purposes, including providing support for the Application, customer account management, industry analysis, benchmarking, analytics, and developing and improving its products and services.

10.5 CONFIDENTIALITY

"Our Confidential Information" means (a) any written information, materials and other documents supplied by us related to the Application which we do not generally disclose publicly, (b) the Application itself, excluding any Customer Data; and (c) any other of our information that we may disclose in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Terms between you and us. Our Confidential Information does not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of Our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.

10.6 RESTRICTED USE AND NONDISCLOSURE

During and after the term, with respect to "Confidential Information" (both Customer Confidential Information and Our Confidential Information) a receiving party will: (a) use Confidential Information solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to the disclosing party's affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that the receiving party would protect its own Confidential Information of a similar nature.

10.7 REQUIRED DISCLOSURE

If a receiving party is required by law to disclose the other party's Confidential Information, the receiving party will give the other party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process and assist the other party in obtaining where reasonably available an order protecting the other party's Confidential Information from public disclosure.

10.8 OWNERSHIP

Notwithstanding any other provision of these Terms, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Terms grants you any right, title or interest in or to any of Our Confidential Information, except as provided in these Terms. Any incorporation of Our Confidential Information into any of your own materials will not render Our Confidential Information non-confidential.

SECTION 11 - THIRD-PARTY SITES & SERVICES

11.1 LINKS TO THIRD-PARTY WEBSITES

The Application may include links to third-party websites and services solely for your convenience. By using these links, you may leave the Application. We do not control or endorse these third-party websites, and you agree that we and our affiliates are not liable for any content, goods, or services provided by such third-party websites or for your use or inability to use them. Accessing third-party links is at your own risk.

11.2 EMAIL DELIVERY VIA SMTP

We use a third-party service provider, SparkPost, to enable email delivery through SMTP (Simple Mail Transfer Protocol). When your Entity signs up, we may create a dedicated SparkPost account to allow you to send emails through our Application using a verified sender address.

By using this feature, (i) Your Responsibility: You are fully responsible for the emails sent through your Account, including their content, recipients, and compliance with applicable laws (like anti-spam laws and data protection regulations). All Users under your Account are considered equally responsible, (ii) SMTP settings can only be customized if you are on an Enterprise plan. Free Plan and Subscription Plan Users will use the default setup provided by us., (iii) Email delivery relies on SparkPost. We do not control their infrastructure and are not liable for delivery issues, delays, or downtime, (iv) You must not use the email feature to send spam, phishing emails, or unlawful content. We may suspend or disable access if we detect misuse or policy violations, (v) While we aim for reliable service, we can't guarantee that every email will be delivered or received.

11.3 CONTENT OF THIRD-PARTY WEBSITES

Third-party websites linked from the Application may contain material or information that could be considered offensive, inappropriate, inaccurate, misleading, or unlawful. We disclaim all responsibility for the content, legality, accuracy, or decency of any information, products, or services available on these websites, including advertisements or other third-party content displayed through the Application.

11.4 INTERACTIONS WITH THIRD-PARTY ENTITIES

All interactions with organizations, individuals, or third-party companies found on or through the Application, including payments, delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations, individuals, and third-party companies. We are not liable for any damages or issues arising from such interactions. We are not liable for any third-party communications you may receive through its affiliates or services. You are solely responsible for evaluating and verifying the identity and trustworthiness of such communications and acknowledge that we do not guarantee their accuracy or reliability.

SECTION 12 - DISCLAIMERS AND LIMITATION OF LIABILITY

12.1

You acknowledge and agree that your use of the Application is at your sole risk. The Application, including all materials and content, is provided on an "as is" and "as available" basis. Except as expressly stated in these Terms, we, along with our parent company, subsidiaries, affiliates, and our respective officers, directors, employees, agents, and representatives (collectively, the "Our Parties"), expressly disclaim all warranties of any kind, whether express or implied. These warranties include, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2

Without limiting the foregoing, we make no representations and warranties that: (a) the Application will meet your requirements; (b) the Application will be uninterrupted, timely, secure, or error-free; (c) information obtained through the Application will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained through the Application will meet your expectations; (e) any errors or defects in the Application will be identified or corrected.

12.3

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WE, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE APPLICATION OR INFORMATION WE SUPPLY YOU, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

12.4

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (a) USE OF THE APPLICATION OR INFORMATION WE SUPPLY YOU; (b) ERRORS, MISTAKES, OR INACCURACIES OF THE APPLICATION OR INFORMATION; (c) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION OR INFORMATION; (d) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION OR INFORMATION, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE APPLICATION; (e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (g) ANY LOSS OF YOUR DATA OR USER CONTENT FROM THE APPLICATION; (h) ANY ERRORS OR OMISSIONS IN ANY OF YOUR DATA OR USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PERFECT DOC STUDIO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (i) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, OR ANY OTHER COMMUNICATION WE MAKE OR PROVIDE.

12.5 CAP ON DAMAGES

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE APPLICATION OR INFORMATION WE SUPPLY YOU (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PERFECT DOC STUDIO FOR THE APPLICATION GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR RS. 1,00,000, WHICHEVER IS LESSER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, THIS SECTION WILL (I) APPLY ONLY TO THE EXTENT PERMITTED BY THE APPLICABLE LAW; AND (II) WILL NOT APPLY IN THE EVENT THAT PERSONAL INJURY OR DEATH HAVE BEEN CAUSED INTENTIONALLY BY PERFECT DOC STUDIO OR BY PERFECT DOC STUDIO'S GROSS NEGLIGENCE.

12.6 TIME LIMITATION

You agree that, irrespective of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Application must be filed within one (1) year from the date the cause of action accrues. Failure to do so will result in the claim being permanently barred.

12.7 JURISDICTIONAL LIMITATIONS

Certain jurisdictions do not permit the disclaimer of specific warranties or the limitation or exclusion of liability for types of damages. As such, some of the disclaimers and limitations set forth herein may not apply to you to the extent prohibited by applicable law.

12.8 CONTENT LIABILITY

We act solely as a platform and is not the publisher of any content uploaded, posted, published, or made available by users or third parties through the Application. We are not responsible for any loss, deletion, or damage to content, nor for any loss, damage, cost, or expense arising from the publication, access, or reliance on any content made available through the Application.

12.9

By using the Application, you grant us the right to use your name, logo, and trademarks in our Application, website, and other marketing and branding materials to identify you as a customer. If you do not wish to be identified, you may opt out at any time by contacting us at support@perfectdoc.studio.

SECTION 13 – INDEMNIFICATION

13.1

You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the Application; (b) violation of these Terms by you or; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and substance of all documents, data, or other content uploaded by you to the Application; or (e) any products or services purchased or obtained by you in connection with the Application.

13.2

We retain the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of the same.

SECTION 14 - AI TERMS FOR PERFECT DOC STUDIO SERVICES

You may use AI-powered services in the Application that we make available from time to time (Collectively "AI Services"). Your use of the AI Services is subject to additional obligations and restrictions set forth in AI Terms and Conditions.

SECTION 15 – BACKUPS AND MONITORING

15.1 USER RESPONSIBILITY

You are solely responsible for maintaining appropriate and adequate backups of your content. We assume no responsibility for any content stored on the Application and shall not be held liable for any loss, damage, or deletion of such content.

15.2 NO GUARANTEE OF RESTORATION

We may, under limited circumstances, be able to restore some or all your data that has been deleted as of a specific date and time based on backup data maintained for our internal purposes. However, we make no representation, warranty, or guarantee that such restoration will be possible or that the data you require will be available. We have no obligation to restore any lost or deleted data.

15.3 MONITORING AND SUBSEQUENT ACTIONS

We reserve the right, but not obligated to, monitor or review the Application and content at any time. We retain the sole discretion to remove any content submitted, uploaded, or otherwise made available by you through the Application. Such removal may occur for any reason, including, but not limited to, content that violates these Terms or any applicable laws.

15.4

If we determine, at its sole discretion, that you have violated any provision of these Terms, we reserve the right to take any appropriate action, including but not limited to: (a) immediate termination of your license to use the Application; (b) modification, alteration, or removal of your content, in whole or in part; (c) any such action may be taken without prior notice to you.

SECTION 16 – BREACH

16.1 DETERMINATION OF BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or engaged in conduct deemed inappropriate for the use of Application, we reserve the right to take any or all of the following actions:

  • 16.1.1 Issue a warning to you via email, using any email address you have provided to us, notifying you of the violation of these Terms.
  • 16.1.2 Remove any content submitted, uploaded, or otherwise provided by you through the Application.
  • 16.1.3 Terminate your Account with the Application, rendering you unable to access such services.
  • 16.1.4 Cancel your subscription to the Application without refund.
  • 16.1.5 Notify and/or provide content to the appropriate law enforcement authorities and fully cooperate with their investigations and actions.
  • 16.1.6 Pursue any other action that we deem appropriate.

SECTION 17 – MODIFICATIONS, TRANSLATIONS AND FEEDBACK

17.1 MODIFICATIONS

We reserve the right to modify these Terms at its sole discretion. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of such change. By continuing to access and use the Application after any changes become effective, you agree to be bound by the revised Terms. It is your responsibility to regularly review the Terms to stay informed of any changes. When utilizing specific services or features, you may be subject to additional guidelines or policies applicable to those services or features. These guidelines or policies, which may be updated from time to time, are incorporated by reference into these Terms.

17.2 TRANSLATIONS

The English version of these Terms is the definitive version governing your relationship with us. In case of any discrepancies between the English version and its translations, if any, the English version shall prevail.

17.3 FEEDBACK

By submitting any ideas, suggestions, documents, or proposals ("Feedback") to us, you agree that (a) your Feedback does not contain confidential or proprietary information belonging to third parties; (b) we are not obligated to maintain confidentiality, whether express or implied, regarding the Feedback; (c) we may already be considering or developing something similar to the Feedback; (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute, and sublicense the Feedback. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against us and its users associated with the Feedback.

SECTION 18 – GENERAL

Certain clauses such as limitation of liability, confidentiality, warranty disclaimer, and indemnity provision shall apply uniformly to all features, services, and policies of the Application.

18.1 PRIVACY POLICY

Your use of the Application is subject to the terms outlined in our Privacy Policy, which is incorporated into and forms an integral part of these Terms. By accessing or using the Application, you acknowledge that you have read, understood, and agree to be bound by the terms of the Privacy Policy.

18.2 EXPORT RESTRICTIONS

The Application is subject to trade sanctions and laws and regulations that govern the import, export, and use. These laws or regulations may prohibit us from providing you the Application or require that we discontinue making it available to you without notice. By using the Application, you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from using the Application, and (ii) you will not make available the Application to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

18.3 RELATIONSHIP

At all times, you and we are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of ours or are otherwise authorized to bind or commit us in any way without our prior written authorization.

18.4 ASSIGNABILITY

Unless such restriction is prohibited under applicable law, you may not assign your rights or obligations under these Terms without our prior written consent. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. We may freely assign our rights, duties, and obligations under these Terms at any time, with or without notice to you.

18.5 NOTICES

Except as otherwise permitted by these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent using: (a) certified or registered mail; or (b) insured courier, to the appropriate party at the address set forth in your registration information or on the Application , with a copy to support@perfectdoc.studio. You or we may change our address for receipt of notice by notice to the other party in accordance with this Section.

18.6 FORCE MAJEURE

Except for any payment obligations, neither you nor we will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party's reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

18.7 INFORMAL DISPUTE RESOLUTION

If a dispute arises between you and us regarding the Application, both parties are committed to making a good faith effort to resolve the matter informally before initiating formal proceedings. To begin this process, each party must send a written description of the dispute to the other party.

If you initiate a dispute, the written description must be sent to support@perfectdoc.studio and must include (a) your name; (b) a description of the nature or basis of the claim or dispute; (c) the specific relief sought; (d) proof of your relationship with us; (e) Email address associated with your Account; (f) if the dispute is not resolved within sixty (60) days after receipt of the written description, you and we agree to proceed with the further dispute resolution provisions outlined below. Participation in this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. All relevant limitations periods and filing deadlines will be tolled during this informal resolution process.

18.8 ARBITRATION

Any disputes arising out of or related to this Terms shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The seat of arbitration shall be Chennai, India, and the proceedings shall be conducted in English. A sole arbitrator shall be appointed mutually by the parties, or in accordance with the Act if no agreement is reached within thirty (30) days. The arbitral award shall be final and binding. Costs of arbitration shall be shared equally unless determined otherwise by the arbitrator. Either party may seek interim relief from courts in Chennai, India.

18.9 ENTIRE AGREEMENT

These Terms constitutes the final, complete, and exclusive understanding between the parties regarding its subject matter, superseding all prior written or oral agreements, communications, negotiations, or understandings. In the event of any conflict between provisions in this Terms and any exhibit or attachment, the provisions of this Terms shall prevail unless explicitly stated otherwise.

18.10 GOVERNING LAW

These Terms will be interpreted, construed, and enforced in all respects in accordance with the laws of India without reference to its choice of law rules to the contrary. For purposes of determining the governing law, you and we agree that we are the proponent of these Terms. Notwithstanding your and our agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction Chennai, India as necessary to protect the party's rights or property pending the completion of arbitration.

18.11 HEADINGS

The headings within these Terms, including those in any exhibits or attachments, are provided solely for reference and organizational purposes. They shall not influence the interpretation or construction of the Terms.

18.12 EXPORT CONTROL

The import and export of any products or services under these Terms may be subject to applicable local laws, including controls or restrictions. You shall bear the sole responsibility for determining the existence and applicability of such laws and for obtaining any required authorizations. You agree not to import or export, directly or indirectly, any products or services in violation of applicable laws.

18.13 WAIVER

The waiver by either you or us of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party's right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

18.14 SEVERABILITY

If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

18.15 SUPPLEMENTAL TERMS IN CERTAIN COUNTRIES AND OTHER REGIONS

If you reside in one of the following countries or regions, the below provisions also apply to you. To the extent there is a conflict between the provisions below and the provisions in the main portion of the Terms above, the below provisions control to the extent of that conflict.

18.15.1 CALIFORNIA. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

18.15.2 BELGIUM. If you are domiciled in Belgium, except in cases of intentional or gross negligence (including by its employees or agents), or of breach of essential obligations under the contract in the absence of force majeure, we will not be liable to you for any damages arising out of or related to any transactions or uses of Application contemplated under these Terms. Notwithstanding Section 17.4 (Assignability), you will have the right to assign your rights or obligations under these Terms subject to you providing thirty (30) days prior written notice to us.

18.15.3 GERMANY. If you are domiciled in Germany, we will be fully liable for intentional and gross negligence, as well as for any damages arising from injury to life, body or health caused by us. In the case of liability for slight negligence, we will be liable only for breach of a material obligation ("Cardinal Duty") and any such liability will be limited to typical, foreseeable damages and will not include liability for lack of economic results, loss of profit, or indirect damages. A Cardinal Duty in the meaning of this Section is an obligation, the fulfilment of which is essential to the performance of these Terms and on the fulfilment of which the contracting party may therefore rely.

Contact Information

For questions or concerns regarding these Terms, please contact us at support@perfectdoc.studio