Terms of service
By using Doky you accept these terms and conditions
Doky, Inc. (“Doky”) provides services made available at our internet website at www.doky.io, subdomains and related sites (“website”), which enables users, amongst other things, to upload, store, manage, download, encrypt and decrypt files, use our application programming interface (“API”), information, material and other data (“data”) and provide access to that data to others (all together, services). If you have questions about how to use these services or the great things you can do with Doky, see our FAQ.These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they are agreeing to these terms.We reserve the right to change these terms at any time and we will notify you regarding changes, whether via our website, via e-mail or any messaging service we provide. Your continued use after that notice means you agree to the changed terms.If you comply with these terms, we grant you a non-exclusive, non-transferable, worldwide license to access and use our service via the website in accordance with these terms and any Doky subscription plan you have subscribed for.
When you register with Doky, we will provide you with a password associated with your specific username. You need to make sure your username and password are secure and confidential. Tell us immediately if you think someone else has used your password or if there has been any other security breach. We would hold you responsible for anything done using your username and password.
If you purchase an enhanced plan for Doky services, you agree to pay for any fees related to that plan. We may change the fees for our services at any time if we provide you notice. You can’t withhold payment for any reason or claim any set-off without getting our written agreement.If at any time you do not make a payment to us when you are supposed to, we can suspend or terminate your use of the service. You must:
- a) make sure you always keep your contact and billing details up to date, particularly if these change;
- b) comply with these terms and any other agreements you have with us;
- c) make sure that you comply with all laws and rules that relate to your use of the website, the service and any data you upload to our service.
Suspension and Termination
You can terminate your access to the website and our services at any time by sending an email to email@example.com requesting termination. If you terminate Services prior to the last day of your billing cycle, then you will be charged for the full last month of Service with no proration or credit. We can immediately suspend or terminate your access to the website and our services without notice if you breach any of these terms or any other agreement you have with us. If you are not a registered user, we may suspend or terminate your access to website and our service at any time, without notice. We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason. All charges outstanding on your account must be paid at termination.
You should maintain copies of all data stored by you on our service. We do not make any guarantees that there will be no loss of data or that the services will be problem-free. You are completely responsible for the removal of all data prior to the termination of services. Doky also makes it easy for developers to build policy-based identity management into their applications. Doky multi-factor authentication requires the use of more than one verification method to authenticate a user. Doky helps safeguard user access to data and applications with this extra layer of authentication for both on-premises and cloud applications. It delivers strong authentication with a range of easy verification options while meeting user demand for a simple sign-in process. You should keep any encryption keys safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your encryption keys, you can lose access to your data. If you allow others to access your data, in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including legal fees) and other liability if they breach any of these terms. We will store your data on our service under these terms and any plan you subscribe to. If you choose to stop using our services, you need to make sure you retrieve your data first because we may delete it afterwards. If we suspend or terminate your services because you or someone you have provided access to has breached these terms, during the term of that suspension, we may deny access to or delete your data. In circumstances where we cease providing all our services for other reasons, we will, if reasonably practicable and we are not prevented by law from doing so, provide you a 30 days access to retrieve your data.
The license we provide for the use of Doky and our services does not give you the right to reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed by any open source licenses under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licenses for that code are all referenced in our FAQ. You own or warrant that you are authorized to use any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from our service. You grant us a worldwide, royalty free license to use, store, backup, copy, transmit, distribute, communicate and otherwise make your data available for the purpose of enabling you and those authorized to login your account to use the website and the services and for any other purpose related to the service. You are not allowed to, and you can’t let anyone else, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile (by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licenses under which we use intellectual property provided by others. Without limiting any other provision of these terms, you are only permitted to use the API if you register at the developer registration page and agree that you may only publish or make your application available after we have approved it pursuant to our application approval process and license agreement available on request at firstname.lastname@example.org.
We respect the copyright of others and require users to comply with copyright laws. Users are strictly prohibited from using our services to infringe copyright. You may not store, share, display, stream, distribute, email, link, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information: (1) a signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material including for example the uniform resource locator(s) (URL); (4) your contact information, including your address, telephone number, and an e-mail address; (5) a statement from you claiming you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury (unless applicable law says otherwise), you are authorized to act on behalf of the copyright owner.
In your use of Doky services, you are restricted from doing any of the following:
- a) reselling or otherwise supplying our services to anyone else without our prior written consent;
- b) infringing anyone else’s intellectual property (including but not limited to copyright) or other rights in any material;
- c) doing anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else’s use of our website or a service including but not limited to denial of service attacks or similar;
- d) assigning or transfering any rights you have under these terms to any other person without getting our written agreement;
- e) using our website or a service, including, without limitation, any communication tools available through the website, or any forum, chat room or message center that we provide:
* to upload or otherwise introduce any Trojan horses, time bombs, viruses, worms, bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system
* to download, upload, store, use, or otherwise transmit data in violation of any law (including to breach copyright or other intellectual property held by us or anyone else)
* to run any network scanning software, spiders, spyware, robots, open relay or similar software
* to attempt to gain unauthorized access to any services other than those to which you have been given express permission to access
* to use any software or device which may hinder the services (like war dialing, mail bombs, etc.)
* to download, upload, store, use, or otherwise transmit unsuitable, offensive, obscene or discriminatory information of any kind
* to send unwelcome communications (including but not limited to unsolicited commercial communications, e.g. spam) to anyone
* to try to trick or defraud anyone for any reason (e.g. by claiming to be someone else)
* to threaten, defame, abuse, stalk or harass anyone.
You may not export, re-export, import, use, or transfer any software or code supplied as part of your use of the website or our services: (a) into any United States embargoed countries; or (b) to anyone listed as a specifically prohibited recipient by the United States Government. By using the website and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the website or our services for any purpose prohibited by United States, or any other law, including, without limitation, the development, design, manufacturing or production of missiles, nuclear, chemical or biological weapons.
As with any other web-based forum, you must exercise care when using any communication tools available on the website. However, while we are not obliged to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.
Severability and Waiver
If any provision of these terms is held to be incomplete or unenforceable, the remaining provisions will remain in full force and effect. If we do not impose any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any compromise or allowance to anyone else.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDES OUR EMPLOYEES, OFFICERS, AGENTS AND RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS.
YOU SHALL REDRESS US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU PROVIDE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
DESPITE THE ABOVE, IF ANY COURT HOLDS US (INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID US TO USE THE SERVICES FOR THE PREVIOUS MONTH.
WE DO NOT PROVIDE ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE WHICH ARE PROVIDED “AS IS”. TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.
We will strive to provide you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be interruption or fault free.
Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on certain occasions the website or services may be unavailable to permit maintenance or other activity to take place or be periodically interrupted for reasons beyond our control.
We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine if the services meet your needs and are suitable for the purposes for which they are used.
Information on our website will change regularly. We will try to keep our website up to date and correct, but again, we do not make any promises or guarantees about the accuracy of the information on our website.
We also aren’t legally responsible for:
- b) any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
- c) devices or equipment that we do not own or have not provided you
- d) any actions or non-actions of other people which disrupt access to our website including the:
* content of any data
* content of any advertisements appearing on our website (including links to advertisers’ own websites) as the advertisers are responsible for the display (we don’t endorse the advertisers’ products)
* content of other people’s websites even if a link to their website is included on our website (we only include the links for your convenience)
You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer warranties or legislation intended to protect non-business consumers in any jurisdiction do not apply to the supply of the services, the website or these terms.
Disputes and Choice of Law
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Mateo County, California, USA, and you and Doky consent to personal jurisdiction in those courts.
- a) Notice must be provided to apply for any interim measure in the arbitration proceeding;
- b) The arbitration shall be in English. The Arbitrator in his or her discretion may permit the parties and witnesses to appear on video conference.
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, acts of God, denial-of-service attacks, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, earthquakes, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations that are affected by that Force Majeure Event for so long as the event continues.
Information and Privacy
You can contact us by writing to email@example.com. If we need to contact you or notify you, we will email you at the address you gave us when you set up your access to the services and/or through any internal messaging system we provide.
Rights to Third Parties
Employees, officers, agents, authorized suppliers of services to and authorized resellers of, our services, are entitled to benefit from all indemnities and other provisions of these terms which are for the benefit of Doky.