Doc Freedom Products and Services

Terms of Service and Conditions of Use

Updated and effective as of June 26, 2010.

READ THIS AGREEMENT CAREFULLY.

SIF Pty Ltd (trading as Doc Freedom), ABN 1314 275 7610 ("Doc Freedom") is willing to provide its Products or Services to you only if you accept all of the following terms and conditions, the Doc Freedom Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by Doc Freedom from time to time, all of which are incorporated herein by reference (collectively, "Terms and Conditions of Use" or "this Agreement").

1.    Definition of Terms

As used in these Terms and Conditions of Use:

(a) "Doc Freedom," "we," "us," or "our" (whether or not capitalised) means Doc Freedom and its subsidiaries. 

(b) "You," "yourself", "user," and "customer" (whether or not capitalised) refer to the individual or legal entity registering for or using the Doc Freedom Products or Services.

(c) "Doc Freedom Products or Services" (whether or not capitalised)  means data synchronization, conversion, backup or restore services, software (including without limitation Syncdocs, Doc Migrate), websites (including without limitation, http://www.syncdocs.com, http://www.docmigrate.com, http://www.docfreedom.com/), all other documentation, features, tools, Doc Freedom Software, and any other products or services provided by Doc Freedom or its authorised agents, distributors, and licensees.

(d) "Doc Freedom Software" (whether or not capitalised) means software provided to you or for your use by Doc Freedom. 

(e) "Computer" (whether or not capitalised) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. 

(f) "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual.

(g) "Backup Data" includes any data you back up, restore, synchronise or convert through Use of the Doc Freedom Products or Services and any related data that are in the possession of Doc Freedom or Doc Freedom Associates. 

(h) To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to http://www.docfreedom.com/ or any other website you visit to register for, subscribe to, license, buy, or Use Doc Freedom Products or Services. 

(i) To "Use" or "Using" Doc Freedom Products or Services means each time you visit a Doc Freedom website, register with Doc Freedom, download Doc Freedom Software, use Doc Freedom Software to synchronise, encrypt, restore or back up data, store or restore Backup Data, access any Backup Data or request support. 

(j) "Doc Freedom Associate" means persons or entities who have provided products, licenses, or services to Doc Freedom and persons or entities with which Doc Freedom has entered into an agreement to sublicense or to provide Doc Freedom Products or Services to users. 

(k)"Days" (whether or not capitalised) means calendar days.

2.    Acceptance of Terms and Conditions of Use; Modification; Cancellation

By registering or agreeing to Use Doc Freedom Products or Services, and each time you Use a Doc Freedom Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the Doc Freedom Products or Services and thereafter, as noted in Section 6 (Doc Freedom License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use Doc Freedom Products or Services.

Doc Freedom may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at http://www.docfreedom.com/ or http://syndocs.com.

If you do not agree to be bound by Doc Freedom’s Terms and Conditions of Use as Published by Doc Freedom from time to time, your sole and exclusive remedy is to discontinue using Doc Freedom Products or Services.

If you wish to cancel your Doc Freedom license after a change in the Terms and Conditions of Use, you must do so in writing or by email within thirty (30) days after your next Use of a Doc Freedom Product or Service following the change in the Terms and Conditions of Use.

3.    Requirements for Registration or Use of Doc Freedom Products

Doc Freedom Products or Services are intended and offered only for lawful Use by individuals or organisations with the legal capacity and authority under applicable law to enter into a contract for such products or services. By registering for and/or by Using Doc Freedom Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the Doc Freedom Terms and Conditions of Use and that you will Use Doc Freedom Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using Doc Freedom Products or Services on behalf of an entity or organisation, that individual warrants, represents, and covenants to Doc Freedom that such individual is duly authorised to agree to these Terms and Conditions of Use on behalf of the organisation and to bind the organisation to them. If an individual uses Doc Freedom Products or Services that are provided by any third party including any person, entity or organisation, the individual Using the Doc Freedom Products or Services, by virtue of such use, agrees that any information the individual provides to Doc Freedom (including but not limited to the individual's Backup Data and Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organisation that provided the Doc Freedom Products or Services to the individual.

You agree to provide accurate and complete information when you register for a Doc Freedom Product or Service and you agree to keep such information accurate and complete during the entire time that you Use Doc Freedom Products or Services.

We may ask you from time to time to establish a user name or password to access or Use the Doc Freedom Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.

4.     Changes to the Doc Freedom Products or Services

Doc Freedom has the right at any time to change, modify, add to, discontinue, or retire any Doc Freedom Product or Service and any aspect or feature of the Doc Freedom Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are synchronized (not every file on your computer may be backed-up or synchronized), or the availability of Doc Freedom Products or Services on any particular device or communications service.

Doc Freedom Products or Services rely on network communication protocols, application programming interfaces, and file formats owned or maintained by third parties who may change these protocols, interfaces and formats from time to time, influencing the functionality of Doc Freedom Products and Services. Doc Freedom may provide changes to the Doc Freedom Products or Services to retain compatibility with the changed network communication protocols or services, at its sole discretion. Doc Freedom is not responsible or liable for any changes in the functioning of Doc Freedom Products or Services, including but not limited to, reduced functionality, loss of functionality or loss of data, arising from the changes to third party network communication protocols, application programming interfaces, or file formats.

Doc Freedom will provide notice of material changes to the Doc Freedom Products or Services or changes to this Agreement by posting them to http://www.docfreedom.com/ or http://syncdocs.com. Doc Freedom shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes.

From time to time, Doc Freedom may issue new releases, revisions, or enhancements to the Doc Freedom Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Doc Freedom Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them.

Doc Freedom may automatically update Doc Freedom Products or Services you have installed on your computer without your prior consent. You agree that we may automatically check your version of the Doc Freedom Software and automatically update the Doc Freedom Software on your computer. You agree to accept and to take no action to interfere with such automatic upgrades and related activities and services. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the update being enabled. If you fail or refuse to approve such fees, Doc Freedom may, in its sole discretion, terminate your current license, continue to support your current Doc Freedom Products or Services without the automatic update, or replace your Doc Freedom Products or Services with other Doc Freedom Products or Services. If Doc Freedom terminates your current license on account of your failure or refusal to approve such fees, then Doc Freedom will refund, on a pro-rata basis based on the remaining term of the current license, any fees related to the period during which you will not have access to your Doc Freedom Products or Services. If Doc Freedom updates the Doc Freedom Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Doc Freedom Products and Services.

5.    Doc Freedom License to You; Renewals, Modifications, Limits

(a) Scope of License

Doc Freedom grants you a non-exclusive, non-transferable limited and revocable license to install the Doc Freedom Software only on the computer(s) for which you have paid the applicable fees and taxes and from which you are licensed to access the Doc Freedom Products or Services, and to Use the Doc Freedom Products or Services for the sole and exclusive purposes of connecting to and Using the Doc Freedom Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the Doc Freedom Products or Services. 

You may Use a license for the Doc Freedom Products or Services with only one computer at a time unless the Doc Freedom Products or Services you Use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have is set forth as part of the Doc Freedom Product or Service description available at http://www.docfreedom.com/ .

Should your license for the Doc Freedom Product or Services you Use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which Doc Freedom Software was originally installed. If you wish to synchronise multiple computers or accounts, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license.

Where Doc Freedom Software products have free evaluation versions available, no refunds will be given. Customers are encouraged to try the free evaluation version before purchasing a license or license subscription.

You may not sub-license, or charge others to Use or access the Doc Freedom Products or Services and you may not redistribute the Doc Freedom Products or Services or provide others with access to or Use of them, unless you have entered into a separate Reseller Agreement or other agreement with Doc Freedom that expressly authorises you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the Doc Freedom Products or Services to access or decrypt data stored on servers provided by Doc Freedom or Doc Freedom Affiliates; you will not Use or permit others to Use the Doc Freedom Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the Doc Freedom Products or Services to provide encryption or decryption services to others, whether or not such services are compensated.

(b) Trial Licenses

You may have received as part of your Doc Freedom license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, Doc Freedom will not add this additional time to your license or trial at a later date.

If you received a free trial or evaluation license for which you have not paid a license fee, Doc Freedom grants to you a non-exclusive, non-transferable limited license to Use the Doc Freedom Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. If you wish to protect or synchronise multiple computers with a free trial or evaluation license, you must obtain a separate license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may only install one free trial or evaluation license in each six month period.

(c) Renewals

You agree that Doc Freedom shall have the right to automatically and without notice renew your license to continue to Use the Doc Freedom Products or Services upon expiration of your then-current license, and that as part of such renewal Doc Freedom shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for Doc Freedom Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit Doc Freedom the right to automatically renew your license to Use Doc Freedom Products or Services or your credit card information on file with Doc Freedom does not permit automatic renewal, then Doc Freedom may terminate your license if you do not otherwise renew your license.

(d) Cancellation of Renewals

You may cancel a renewal of a license only on the following terms:

If your most recent original license of Doc Freedom Products or Services was for a period of greater than ninety (90) days, you must notify Doc Freedom at least three (3) business days before your Doc Freedom Products or Services license renewal is due of your intention to cancel the license renewal. If you elect to discontinue your Use of Doc Freedom Products or Services within this period, you will be issued a full refund for the amount of your next license renewal, if such payment has already been made by you. If you cancel your original or renewal license of Doc Freedom Products or Services less than three (3) business days before your Doc Freedom Products or Services license renewal is due, Doc Freedom will process this renewal without option of a refund, the subsequent renewal license of Doc Freedom Products or Services may be cancelled.

All monies due Doc Freedom for subscriptions which are paid in arrears, whether or not invoiced, are payable in full when invoiced.

Should you fail to pay amounts invoiced and due within seven (7) days of being invoiced, or should your payment be otherwise rejected or denied, then Doc Freedom may at its sole discretion begin collection proceedings to recover any and all amounts due. Should Doc Freedom elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay Doc Freedom the greater of the then permissible interest rate on the past due balance or 1.5% per month calculated and due on a monthly basis.

You are responsible for ensuring that Doc Freedom has current and accurate records necessary, to renew your license, including without limitation, credit card data.

6.     Assignment and Delegation by Doc Freedom

Doc Freedom may, in its sole discretion, transfer or assign all or any part of its rights in the Doc Freedom Software, the Doc Freedom Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such Doc Freedom Products or Services, licenses, or other contracts.

7.    No Transfers or Modifications by You

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Doc Freedom Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the Doc Freedom Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, capture network traffic from, or make derivative works from, or otherwise attempt to discover any source code in the Doc Freedom Software or decrypt any files that are not associated with your computer or user account.

You may not modify the Doc Freedom Software or use it in any way not expressly authorised by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the Doc Freedom Products. You may not authorise or assist any third party to do any of the foregoing.

8.    Protection of Files

You are solely responsible for protecting the information on your computer such as by installing anti-virus and anti-spyware software, updating your applications, backing up data, password protecting your files, and not permitting third party access to your computer. You understand that files synchronized, backed-up or restored may lose fidelity in the conversion process. You understand that the Doc Freedom Products or Services may back-up or restore files during synchronization that are no longer usable due to fidelity loss, version skew, corruption from viruses, software malfunctions or other causes. This might result in you synchronizing, restoring or backing-up files that are no longer usable.

9.    Retention or Deletion of Backup Data and Personal Information

Doc Freedom Software saves a copy of each file or folder you designate. You will not be able to restore files that Doc Freedom has not completed copying, files that have been changed but not yet been backed up, or files or folders or network shares or disc drives that are not eligible for back up. Doc Freedom does not maintain a secondary copy of your data that you have Backed Up.

You agree that if

i)                 you mark a file to no longer be backed-up,

ii)                you delete a file from your computer or computers or network storage,

iii)               move a file to a location on your computer or computers or network storage that is not marked for back-up,

iv)               you delete a computer or user account from your Doc Freedom Products or Services account,

v)                your computer is unable to access the Internet,

vi)               your account on a third party Data Provider is no longer accessible to you,

 that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them.

You also agree that Doc Freedom may retain your Personal Information and related account information for a reasonable time after your license has been terminated.

10.Customer Support

Doc Freedom may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. Service may also be available through certain Doc Freedom Affiliates and Resellers. As part of the delivery of services, Doc Freedom may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Doc Freedom the right to use these tools and hold Doc Freedom harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the Doc Freedom Products or Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain license keys that Doc Freedom may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your Doc Freedom Products or Services and that Doc Freedom has no obligation to assist, and may not be able to assist, you with such configurations.

11.Restrictions on Access to Doc Freedom Products or Services

You may access Doc Freedom Products or Services only through the interfaces and protocols provided or authorised by Doc Freedom. You agree that you will not access Doc Freedom Products through unauthorised means, such as unlicensed software clients. Certain Doc Freedom Products or Services backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.

12.Communications

You are responsible for obtaining and maintaining all of the hardware, software, network and services that you may need to access and Use Doc Freedom Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access Doc Freedom Products or Services.

13.Termination and Fair Use Policy

Doc Freedom shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Doc Freedom Products or Services to users who are deemed by Doc Freedom to be using the Doc Freedom Products or Services in a manner not reasonably intended by Doc Freedom or in violation of law, including but not limited to suspending or terminating a user's account with Doc Freedom and the license to use the Doc Freedom Products or Services.

14.Privacy Policy

Doc Freedom may collect and use Personal Information in accord with the terms of our Doc Freedom Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to Doc Freedom's use of your Personal Information under the terms of the Doc Freedom Privacy Policy, as it may be amended from time to time.

15.Warranties

(a) WARRANTY. Doc Freedom warrants that the Doc Freedom Products or Services will for a period of thirty (30) days from the date of registration and payment perform substantially as specified in the applicable Doc Freedom documentation. If you satisfactorily demonstrate to Doc Freedom within such thirty (30) day period that a Doc Freedom Product or Service contains errors, then as Doc Freedom's sole and exclusive liability and as your sole and exclusive remedy, Doc Freedom shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the Doc Freedom Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the Doc Freedom Product or Service and terminate your license under the Terms and Conditions of Use.

(b) DISCLAIMER OF OTHER WARRANTIES. The limited warranty in the preceding paragraph is in lieu of all other warranties, express or implied, written or oral, except for any warranty of merchantability or fitness for purpose, or warranty arising by statute or otherwise by law.  No advice or information, whether oral or written obtained from Doc Freedom, or Doc Freedom Affiliates will create any warranties not expressly made herein.

16.Limitation of Liability

With respect to defects or deficiencies in the Doc Freedom Products or Services, the liability of Doc Freedom and Doc Freedom Affiliates will be limited to performance of its responsibilities under Section 15 (Warranties) above. With respect to other breaches of contract, the liability of Doc Freedom and Doc Freedom Affiliates shall be limited to your actual damages, and in no event will such liability exceed the total amount received by Doc Freedom from you under these Terms and Conditions of Use for your current license period, and only such amounts as relate to the computer affected by the breach. In no event will Doc Freedom, the Doc Freedom contractors, Doc Freedom distributors or Doc Freedom suppliers be liable to you or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental, or consequential damages of any kind arising out of the use or inability to use the Doc Freedom Products or Services or to use or retrieve any backup data.

Further, Doc Freedom and Doc Freedom Affiliates will have no liability to you or any third party for any data or files backed-up, synchronized, restored or transferred through Doc Freedom Products or Services, or if these data or files are corrupted or exposed to unintended third parties.

Neither Doc Freedom nor any Doc Freedom Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the Doc Freedom Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between Doc Freedom and you. Doc Freedom would not be able to provide the Doc Freedom Products or Services to you without such limitations.

17.Indemnification

You agree to defend, indemnify and hold harmless Doc Freedom, Doc Freedom affiliates, and their respective directors, owners, officers, employees and agents from and against all claims, damages, losses, liabilities, and expenses, including without limitation attorneys' fees, arising out of your use of the Doc Freedom products or Services and/or your violation of any term of these terms and conditions of use.

Doc Freedom reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide a defense for Doc Freedom in that matter. If Doc Freedom chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of Doc Freedom and Doc Freedom Affiliates, at your own expense, to the full extent requested by Doc Freedom.

18.Trademarks, Service Marks, and Other Intellectual Property

All trademarks, service marks or other similar items appearing on the Doc Freedom Products or Service are the property of their respective owners, including, without limitation, Doc Freedom.

Doc Freedom is not affiliated with or endorsed by the Data Providers it uses; these include, but are not limited to, Google, Google Documents, Microsoft Office, Oracle Open Office or Libre Office.

The Doc Freedom Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Doc Freedom Products or Services shall remain with Doc Freedom and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with Doc Freedom's or its licensor's ownership of or rights with respect to the Doc Freedom Products or Services.

You will only synchronise, backup, restore or otherwise transmit data or files that you have the lawful right to use, copy, distribute, transmit, or display, and that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

19.Governing Law

All provisions of this Agreement shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Australia, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply

20.Termination, Expiration, Cancellation

(a) Trial and Evaluation Licenses. If this Agreement pertains to a trial, beta, or evaluation license (such as a license for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these Terms and Conditions of Use will terminate upon the expiration or cancellation of the trial or evaluation period, when the Doc Freedom Product or Service you are using is no longer made available or when Doc Freedom cancels or terminates the license, whichever is shorter. You agree to Use the Doc Freedom Products or Services for no longer than the trial or evaluation period unless you enter into another license and pay a license fee and associated taxes as applicable, or Doc Freedom allows your license to roll over for another period which Doc Freedom may elect to do at its sole discretion and without notice to you.

(b) All Other Licenses; Limited Term. Your license will end upon the expiration of its stated term, upon your non-renewal of the licenses, upon your cancellation of the license, when Doc Freedom elects to discontinue the product, upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 20 (Termination, Expiration, Cancellation), or when Doc Freedom cancels or terminates your license, whichever occurs first (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination.")

(c) Termination for Unlawful or Abusive Use, Other Breach. Doc Freedom may terminate your Use of the Doc Freedom Products or Services if Doc Freedom reasonably believes that the Backup Data may contain child pornography or are being used to support other types of illegal activities, if providing Doc Freedom Products or Services to a person located in a particular country would violate any applicable law.

If you breach these Terms and Conditions of Use, your right to Use the Doc Freedom Products or Services shall automatically terminate if you fail to cure the breach after seven (7) days after notice from Doc Freedom or any of the Doc Freedom Affiliates, unless your breach is due to violations of Section 7 (No Transfers or Modifications by You), Section 17 (Indemnification), Section 18 (Trademarks), in which case termination will be without notice and without any right to remedy the breach.

Upon termination: i) you shall immediately cease any and all Use of the Doc Freedom Products or Services and delete all copies of them; ii) the Doc Freedom Software may be disabled by Doc Freedom without notice to you; you hereby grant Doc Freedom at its sole discretion the unrestricted right to delete or retain all such Personal Information at any time after termination, without notice.

21.Survival

In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 5 (Doc Freedom License), Section 7 (No Transfers or Modifications by You), Section 15 (Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18 (Trademarks, Service Marks, and Other Intellectual Property), Section 19 (Governing Law), Section 21 (Survival), Section 22 (Notice), Section 25 (Limitation on Actions), Section 26 (Miscellaneous) and Section 27 (Severability) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.

22.Notice

Any notice that may or must be given by Doc Freedom in connection with this Agreement or in connection with the Use of the Doc Freedom Products or Services, may be given by sending it to the email address provided by you upon registering. You are responsible for ensuring that your accurate email address is available to Doc Freedom and provide any needed updates. Doc Freedom may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, Doc Freedom has no obligation to provide notice or attempt to locate a customer other than through the email address provided.

23.English Language

These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version.

24.Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms

These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Doc Freedom and you regarding Doc Freedom Products or Services, and supersedes all prior agreements between you and Doc Freedom regarding the subject matters hereof.

Any item or service furnished by Doc Freedom in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us.

Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorised officer of Doc Freedom.

Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern.

Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.

25.Limitation on Actions

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.

26.Miscellaneous

You agree to reimburse Doc Freedom for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Doc Freedom.

Doc Freedom is not responsible for misprints, errors or omissions in its advertising, website and promotional materials.

27.Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

28.Billing Issues

You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at the Doc Freedom Contact Information indicated in Section 30 (Doc Freedom Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.

29.Managing Your Doc Freedom Product or Service

You acknowledge and agree that where Doc Freedom licenses an entity or organisation, or where an entity or organization makes the Doc Freedom Products or Services available to you, the entity or organisation so licensed or giving you access may grant multiple individuals rights related to the management and Use of the Doc Freedom Products or Services and the Backup Data, without any notice to you. These rights may enable one or more persons to: view, access or change Backup Data or Personal Information; determine who can access the account, Backup Data, and Personal Information; determine who is responsible financially for the account; and other similar actions.

30.Doc Freedom Contact information

If you have any questions or comments, please contact us.