Terms and Conditions

These terms govern your use of DocFly's services. By using our services, you agree to these terms. Our current service includes an online service and a desktop product. If you have entered into another agreement with us concerning specific services, then the terms of that agreement controls where it conflicts with these terms. You retain all rights and ownership you have in your content.

  • 1. How this agreement works

    • 1.1 Choice of Law

      Your relationship is with DocTec AG, a company incorporated under the laws of Switzerland, and the services are governed by the laws of Switzerland.

    • 1.2 Privacy

      The Privacy Policy governs any personal data you provide to us. By using our services, you agree to the terms of the Privacy Policy.

    • 1.3 Modification

      We may modify, update, or discontinue our services at any time without any liability to you or anyone else. If we discontinue a service in its entirety, we will provide you with a pro-rata refund for any unused fees for the service for which you may have prepaid us.

  • 2. Use of Service

    • 2.1 License

      Subject to compliance with these terms and the law, you may access and use our service.

    • 2.2 DocFly intellectual property

      We remain the sole owner of all rights, titles, and interests in the service. We reserve all rights not granted under these terms. You are not allowed to resell our service.

  • 3. Your content

    • 3.1 Ownership

      You retain all rights and ownership of your content, including all files and data uploaded to our service. We do not claim any ownership rights to your content.

    • 3.2 Our access

      We will only access, view, or listen to your content with your explicit and written consent, unless such action is necessary to comply with legal procedures. With your explicit and written consent, we may for example, access, view or listen to your content to (1) respond to support requests, (2) detect or prevent fraud, unlawful or technical issues and (3) improve our services.

  • 4. Account information

    You are responsible for all activity that occurs in your account. Please notify us immediately if you become aware of unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator) or (b) use another person's account. Your account administrator may use your account information to manage your use and access to the service.

  • 5. User conduct

    • 5.1 Responsible Use

      You must use our service responsibly.

      Children under the age of 16 are not allowed to use our service. If you are based in the European Economic Area, you may only use DocFly if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of our service has been provided to us.

      If you are a parent and believe that your child is using our service and you don’t want them to, please contact us.

    • 5.2 Misuse

      You may not misuse our service, or content that we provide to you as part of our service. For example, you may not:

      • (1) copy, modify, host, stream, sublicense, or resell our service;
      • (2) enable or allow others to use our service using your account information;
      • (3) use any aspect of our service to construct any kind of database;
      • (4) access our service by any means other than the interface we provide;
      • (5) circumvent any access or use restrictions put into place to prevent certain uses of the service;
      • (6) share content or engage in behavior that violates intellectual property rights (meaning copyright, trademark, trade dress, patent, trade secret, unfair competition, privacy rights and any other rights);
      • (7) attempt to disable, impair, or destroy the service;
      • (8) engage in chain letters, junk mails, pyramid schemes, spamming or other unsolicited communications;
      • (9) place advertisements in our service, except with our prior written approval;
      • (10) use any data mining or similar data gathering and extraction model in connection with our service;
      • (11) violate any other applicable law
  • 6. Fees and payment

    • 6.1 Taxes and third-party fees

      You must pay all applicable taxes and any applicable third-party fees (including for example mobile carrier fees, telephone charges, credit card fees, foreign exchange fees, etc.) that are incurred when using our service. DocFly is not responsible for any third-party fees incurred.

    • 6.2 Credit card information

      If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

    • 6.3 Billing

      We will automatically bill the membership fee to your plan, price and payment method until your subscription plan is cancelled or terminated. If you do not terminate your subscription, it will be automatically renewed.

      You or DocFly may cancel or terminate your subscription at any time. Any cancellation will take place from the next billing period; i.e. any cancellation will only cancel future billings. We do not provide refunds except in cases requested by mandatory law or where otherwise explicitly communicated to the user. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

  • 7. Your indemnification obligations

    You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorney fees, arising out of or related to your content, your use of the service, or your violation of these terms.

  • 8. Disclaimers of warranties

    • 8.1 Warranties of service

      The service is provided "as-is". To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that (a) the service will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the service will meet your expectations; (c) the quality of the service will meet your expectations; or that (d) any errors in the service will be corrected.

    • 8.2 Liability of service

      We disclaim any liability for any actions resulting from your use of our service. You may use and access our service at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of our service.

    • 8.3 Electronic signature

      DocFly does not guarantee that the electronic signature tool provided is legally binding in your country or under the laws of the country governing the legal transaction that is the purpose of the signing process. DocFly further disclaims any liability for contracts that are not closed, lost or signed in time due to the usage of the signature tool. We also do not guarantee that we have saved a copy of your contract.

  • 9. Limitation of liability

    • 9.1 Liability of DocFly

      DocFly is not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those resulting from loss of use, data, or profits, whether or not foreseeable, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or arising from any other claim arising out of or in connection with your use of our service. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees') intentional misconduct, or for death or personal injury.

    • 9.2 Limited liability

      Our total liability in any matter arising out of or related to these terms is limited to CHF 100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

    • 9.3 Limitation

      The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.

  • 10. Termination

    • 10.1 Termination by you

      You may stop using the services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

    • 10.2 Termination by us

      DocFly may terminate this agreement at any time. If we terminate these terms for reasons other than for cause, then we will make a reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. We may, at any time, terminate your right to use and access the Services or Software if:

      • (1) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
      • (2) you fail to make the timely payment of fees for the Software or the Services, if any;
      • (3) we are required to do so by law (for example, where the provision of the service to you is, or becomes, unlawful);
      • (4) we elect to discontinue the service, in whole or in part, (such as if it becomes impractical for us to continue offering our service in your region due to change of law).
    • 10.3 Survival

      Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the service, some or all of the service may cease to operate without prior notice.

  • 11. Investigations / Disclosure

    We may access or disclose information about you, or your use of the services, (a) when it is required by law; (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

  • 12. Compliance with Licenses

    If you are a business or organization, then we may, no more than once every 12 months, upon seven 7 days of prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of our service is in conformity with its valid licenses from us.

    Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any of our services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for our services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.

  • 13. Modification

    We may modify these terms or any additional terms that apply to our service in order to, for example, reflect changes to the law or changes to our service. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will also post notice of modified additional terms in the applicable service. By continuing to use or access our service after the revisions come into effect, you agree to be bound by the revised terms.

  • 14. Miscellaneous

    • 14.1 English version

      The English version of these terms will be the version used when interpreting or construing these terms.

    • 14.2 Notice to DocFly

      You may send notices to us at the following address: DocTec AG, Schwingerstrasse 9, 8006 Zürich, Switzerland.

    • 14.3 Notice to You

      We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.

    • 14.4 Entire Agreement

      These terms constitute the entire agreement between you and us regarding your use of our service and supersede any prior agreements between you and us relating to our service.

    • 14.5 Non-Assignment

      You may not assign or otherwise transfer these terms, or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

    • 14.6 Severability

      If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

    • 14.7 No Waiver

      Our failure to enforce or exercise any of these terms is not a waiver of that section.

DocTec AG
Schwingerstrasse 9
8006 Zürich
Phone: +41435051321
Email: [email protected]

Registry Info
Handelsregister des Kantons Zürichs (Chamber of Commerce in Zürich)
Registry Number: CHE-222.063.547
VAT Registry Number (Umsatzsteuer-Identifikationsnummer)
Swiss Registry Number: CHE-222.063.547MWST
European Union VAT Registry Number: EU372010251

January 2020
DocTec AG
Zürich, Switzerland

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