DIGIPROVE TERMS OF USE

By ticking the "I have read and accept the Terms of Use" box on our Website when registering as a User, you are agreeing to abide by the following terms of use ("Terms of Use") concerning your use of the Service.  Please read and understand these Terms of Use before you accept them.  If there is any part of the Terms of Use you do not understand or wish to clarify, you may contact us at support@digiprove.com.

1. Terms

1.1.   In these Terms of Use, the following words have the meaning set out beside them:

"Account" means your online account which holds Digiprove Credits;

"Digiprove Credits" means credit units which remain in your Account and which are used to pay for usage of the Service;

"Fees" means all fees and charges (if applicable) levied by Digiprove for your use of the Service;

"Digiprove", "we", "our", "us" means Digiprove Limited;

"Service" means the content certification and email forwarding services provided by Digiprove;

"User" means any person or corporate entity who registers with Digiprove either for a free Account or as a paid subscriber;

"Website" means the Digiprove website at the web address digiprove.com, digiprove.eu, and others.

2. Service

2.1. By becoming a User, you will be able to:
  • Obtain certificate(s) of content for digital content held by you;
  • Upload digital content to be forwarded by e-mail to a nominated 3rd party on your behalf
  • Upload digital content to be stored online, and download your previously stored content (paid subscriptions only)

3. Your content

3.1. Digiprove claims no ownership, intellectual property rights, or any other rights over any digital content processed by Digiprove or submitted to Digiprove, and expressly disclaims responsibility for such content.

3.2. For any content certified by the Service, the Digiprove certificate supplied to you may be used as independent proof that this content was in your possession at the date and time of certification, and Digiprove will confirm the validity of any such certificate.  It is not a certificate of ownership.

3.3. Digiprove recognises the confidentiality of your content:
  • Digiprove will not retain copies of content submitted by you, except when instructed by you to be stored online for your own use.  In this case, the content will be available only to you for download after authentication using your user name and password.
  • Digiprove will not forward your content to any third party, except when explicitly instructed by you to your explicitly nominated third party(ies).  Digiprove takes no responsibility for any offence or damage caused by this action.

4. Users

4.1. As part of the registration process to become a user, each User will select a unique user identification ("User Id") and password and will provide other personal details, including an email address.

Your personal data will be treated confidentially and will not be revealed to any third party except as required by law.  To view the full details of Digiprove's privacy policy please click here.

You may not:
  • provide any name, personal data or credit card details that you are not legally authorised to use;
  • select or use a User Id or name of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a User Id that Digiprove, in its sole discretion, deems inappropriate or offensive

5. Payment Plans

5.1. Under all payment plans, three free Digiprove credits are allocated at sign-up, in addition to those that are covered under the subscription.

5.2. The "Basic" plan (formerly known as the "Free" plan, or "Pay-as-you-go" plan) does not require a regular subscription fee. At sign-on, it is enabled for one month and includes the above-mentioned three free credits.  Additional credits may be purchased in any quantity at any time at standard price; the purchase of any additional credits causes a renewal of the Basic membership period for one month from purchase date.

Note that this is the default plan for users who register via the "Copyright Proof" plugin for Wordpress. Usage of the Service via this plugin currently does not consume Digiprove Credits.

5.3. For paid regular subscriptions, there is a monthly or annual fee which covers the allotment of Digiprove Credits on a regular basis, and allows continuing access to the Digiprove services.  Additional credits are available to purchase at discounted prices.  The level of discount and the minimum purchase quantities vary across the price plans.

5.4. If your subscription plan expires you will not be able to use the Digiprove services until you renew it (in the case of paid subscriptions) or purchase one or more credits (in the case of a Basic account).  Digiprove credits do not expire and are carried forward from one subscription period to the next.

5.5. Digiprove certificates do not expire, and remain valid after expiry of the subscription.  The Digiprove Validator function (to check the validity of a Digiprove certificate and the related content file) is available at the Website for use by members and non-members alike.

5.6. Fee levels are indicated on the applicable web page or prior to your completing a purchase. If you are unclear as to any applicable Fee, please review our Fees at www.digiprove.com/payment_plans.aspx prior to completing any transaction. All Fees are subject to change at any time.

5.7. You may cancel your agreement with us at any time until the expiry of fourteen (14) days beginning on the day after your registration as a User by:
  • writing to us at Digiprove Ltd., 2 Castle Terrace, Malahide, Co. Dublin, Ireland; or
  • emailing us at: support@digiprove.com
Please write this cancellation notice in the English language.  It will be sufficient to include a clear phrase such as "Please cancel my subscription" and your User Id (if different from your email address).  Your agreement with us will terminate, your account will be closed and you will not be able to use the Digiprove services.  We will not charge you any cancellation fee.

If you exercise this right to cancel after you have purchased a subscription, we will reimburse all payments which you made to us on foot of this subscription.

5.8. You may close your account with us at any time by selecting "Preferences", "Close Account" from the members' area.  Your agreement with us will terminate and you will not be able to use the Digiprove services.  We will not charge you any closure fee.  Apart from a final email confirming closure (if requested) you will receive no further communication.  Closed accounts may be reactivated upon payment of a fee by contacting subscriptions@digiprove.com.

5.9. Your continuing use of the Digiprove service is dependent on all Fees being up-to-date.  You may opt to have monthly or annual renewal fees debited automatically when due using your credit card or other payment details.  A statement of all payments made is available online in the members' area of www.digiprove.com.

You will be reminded by email when monthly or annual fees are due. If you choose not to renew your right to use by paying the fees due, your subscription will expire, and you will be unable to make further use of the Digiprove services after a grace period.  For a further period of 6 months, your Account may be reactivated by payment of the subscription at the relevant subscription level.  Reactivated Accounts will have full access to online history of transactions, files previously stored online, and any Digiprove Credits which were in the Account balance at time of expiry.

Deactivated Accounts which have not been reactivated for 6 months will be closed.  We reserve the right to remove the details of this Account (including files stored online) from our database, to the extent permitted by law.  However the Digiprove certificates you have already in your possession continue to be completely valid and are not dependent on your continued payment.  Furthermore we keep a record of all certificates ever issued and identical copies of such certificates can be supplied to former subscribers on sufficient proof of identity and payment of an administrative fee.

5.10 Closed accounts may be re-opened upon payment of a fee by contacting subscriptions@digiprove.com. Note that historical information about payments or documents, along with stored/uploaded documents or files that may have been deleted cannot be restored.

5.11 Digiprove Credits are non-transferable and non-redeemable.


6. Complaints Procedure

It is Digiprove's intention to provide Users with a high standard of service.  If you have encountered a problem with the service provided by Digiprove please let us know.  Simply follow these steps:
  • Describe your complaint in an email to support@digiprove.com, or by using our contact form..  You may also telephone us at +353 1 4404312.  Your complaint will be acknowledged within 24 hours and dealt with in a courteous and professional manner as speedily as practicable thereafter.
  • If you are not happy with the response you should then raise the matter further.
  • You may in addition write to us at the following address:
       Digiprove Ltd.
       Customer Service Department
       2 Castle Terrace, Malahide
       Co. Dublin
       Ireland

7. End User Licence Agreement (EULA)

7.1. Digiprove provides software for download to facilitate the provision of the Services and to permit Digiprove certificates of content to be validated. Such software is provided under the terms of the Digiprove End User Licence Agreement, which can be inspected here.


8. Other User Obligations

8.1. You are prohibited from engaging in any of the following:
  • using the Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
  • sending unsolicited email or similar methods of mass messaging (spam);
  • tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the Service, or attempting to do any of the foregoing.
  • Storing and/or forwarding of digital content which is offensive or is illegal in your country of residence, any country from which you operate the service, Ireland, or the country of destination of forwarded content
If Digiprove determines at its sole discretion that you have engaged or attempted to engage in any of the above misuses of your Account, it may close or restrict access to your Account, and you may be reported to appropriate law-enforcement agencies.

You hereby indemnify Digiprove in full and without qualification against any loss or penalty it incurs as a result of your breach of any of these provisions.


9. Privacy
Our Privacy Policy forms part of these Terms of Use and you are requested to review the full details of this policy by clicking here prior to accepting these Terms of Use.

9.1. You acknowledge and accept that:
  • when speaking to customer service agents at Digiprove, your call may be monitored and/or recorded for quality assurance purposes, security and fraud detection purposes;
  • for fraud and security purposes your personal data may be kept by Digiprove even after your Account is closed;
  • for identity validation and verification purposes, the following information will be provided to third parties to whom you forward digital content: Digiprove User ID, Name, and email address.
9.2. You are responsible for maintaining the confidentiality of your User Id, password and the answer to your chosen security question, and for all activities that occur under these credentials.  You agree to immediately notify us at security@digiprove.com of any unauthorised use of your User Id or password or any other breach of security as soon as you become aware of it.  Should another person gain access to your Account by passing all identity checks, we are entitled to treat any transaction conducted by that person as valid and authorised by you and are not responsible for any loss or damage you may incur as a result.  We recommend that you change your password regularly using the facilities supplied at our Website as a matter of course.


10. Our content

10.1. Other than content that has been submitted to us by you or other Users, all content included on the Website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Digiprove Limited and is protected by Irish and international copyright laws.

10.2. You may reproduce any of our content from the Website for informational or educational purposes only, provided it is accompanied by the text "This content is the property of Digiprove - www.digiprove.com" and if published on the internet or an intranet it must be accompanied by a hyperlink to www.digiprove.com.


11. Warranties, Liabilities and Disclaimers

11.1. Digiprove shall make reasonable efforts to ensure that requests to forward emails to nominated third parties are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in e-mail system or local servers.  We make no representations or warranties as to continuous, uninterrupted or secure access to the Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.

11.2. Digiprove does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

11.3. We make no express warranties to you with respect to the Service except as set out in these Terms of Use, and all implied and statutory warranties, including without limitation any warranty of fitness for a particular purpose are hereby expressly disclaimed except where implied or statutory warranties cannot be disclaimed by applicable law.

11.4. Neither Digiprove nor any of its affiliates, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or wilful misconduct; provided that under no circumstances shall Digiprove, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
  • errors made by you or any other User using the Service;
  • use or misuse of your Account by another person who passes all identity and security validation and verification checks;
  • any fraud or misrepresentation made by a User;
  • errors or omissions in our Website;
  • misuse or inability to use our Website, whether due to reasons within our control or not;
  • delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
  • interception or seizure compelled by law;
  • circumstances beyond our reasonable control.
11.5. In no event shall Digiprove, its affiliates, subsidiaries, agents or subcontractors be liable to you or any third party for any indirect, special, consequential, punitive or incidental damages, whether based on negligence, wilful misconduct, tort, contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law.

11.8. You agree to indemnify Digiprove, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against Digiprove, its affiliates, subsidiaries, agents or subcontractors relating to your use of the Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by Digiprove, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.


12. General

12.1.These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements.

12.2. These Terms of Use shall be governed by the laws of Ireland.  All disputes arising out of or relating to these Terms of Use shall be resolved by the Irish Courts, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.

12.3. Digiprove makes no representation that materials in the Website are appropriate or available for use in your location. Those who choose to access the Website from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12.4. You agree to indemnify and hold Digiprove, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another person or entity.

12.5. We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) business days after the date of mailing.

12.6. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting the amended Terms of Use on our website.   You may review the current Terms of Use at any time by clicking on the "Terms of Use"link.  The Terms of Use will show the most recent revision date.

12.7. In the event that one or more of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

12.8. In the event of inconsistency between this version of the Terms of Use and the version online at www.digiprove.com, the online version will prevail.

12.9. Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

12.10. The rights and remedies available to Digiprove in these Terms of Use are cumulative and are in addition to any other right or remedy available to Digiprove at law or in equity.

12.11. Digiprove may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfil its obligations.

12.12. You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use.  We reserve the right to transfer and assign these Terms of Use, or any rights or obligations hereunder, without your consent.

This Policy was last revised on 6th May 2011

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