TERMS OF USE – AXDRAFT

Effective as of January 24, 2019

1. INTRODUCTION

Welcome to AXDRAFT! As you have just clicked to our Terms of Use, please make a pause, grab a cup of coffee and carefully read the following 8 pages. It will take you approximately 20 minutes.

Our terms and conditions set forth below (the “Terms”) govern all use of AXDRAFT web pages located at https://axdraft.com. Please read it.

Our Privacy Policy https://axdraft.com/privacy also governs your visit to https://axdraft.com and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it https://axdraft.com/privacy.

We have asked, but we cannot force you to read the Terms https://axdraft.com/terms or Privacy Policy https://axdraft.com/privacy, but this is serious and may affect your rights and responsibilities. We want you to be aware, by using of AXDRAFT web pages or clicking to accept or agree to the Terms when this option is available to you, you are entering into a binding contract with the Company as this term is defined below.

Your agreement with us includes these Terms https://axdraft.com/terms and our Privacy Policy https://axdraft.com/privacy (the “Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) the Agreements, then you may not use https://axdraft.com, but please let us know by emailing us at [email protected] so we can try to find a solution. Thank you for being responsible.

2. DESCRIPTION OF AXDRAFT

AXDRAFT Inc., including its subsidiaries AXDRAFT LLC, reg. number 41174374 (Ukraine) and AXDRAFT SIA, reg. number 40203172023 (Latvia) (the “Company”, “AXDRAFT”, “we”, “our” or “us”) provides a document automation solution through the document-generation web platform (the “Platform”) for faster drafting of documents. The Company transforms your templates into simple Q&A forms, which you may use to draft documents in compliance with your requirements. There is no need to download AXDRAFT software.

3. AXDRAFT IS NOT A LAW FIRM

THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE OR LEGAL SERVICES.

It is important to understand:

  1. AXDRAFT IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. The Company, including its employees and agents, does not offer any legal advice, recommendations, opinions, representation, referrals, or counseling. Information posted on or through the Platform is for informational purposes only and should not be considered a substitute for professional legal advice or a solicitation to provide legal advice by the Company.
  2. INSTRUCTIONS ON THE PLATFORM ARE NOT LEGAL ADVICE OR LEGAL SERVICES. The Platform may include suggestions or instructions for drafting the documents on the Platform related to formatting and completing the Q&A forms. These suggestions or instructions are not legal advice and are intended only to assist you in completing the documents. Any questions about the content of the documents or inputs should be directed to an attorney or lawyer or the agency issuing or accepting the document, not the Company.
  3. The Company does not review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your situation. AXDRAFT and its services are not substitute for the advice or services of the attorney.
  4. THE COMPANY DOES NOT GUARANTEE ANY DOCUMENTS LISTED ON THE PLATFORM. The Company endeavors to keep the documents on the Platform current and up-to-date, but it does not guarantee that any document form on the Platform is the correct or current form for your purposes. You should always confirm with the attorney or lawyer or the agency issuing or accepting the document, not the Company. The Company is not responsible for your use of any document on the Platform in any way, and you understand and agree that you use any document on the Platform at your own risk.
  5. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BETWEEN YOU AND THE COMPANY WHEN YOU USE THE PLATFORM. The Company does not offer legal advice or services, and communications with the Company are not subject to attorney-client confidentiality protections. We are committed to protect your personal information, however, as we describe in our Privacy Policy https://axdraft.com/privacy.
  6. NO RESULTS OR OUTCOMES ARE GUARANTEED BY YOUR USE OF THE PLATFORM. The Company does not guarantee any results or outcomes with your use of the Platform.
  7. THE COMPANY DOES NOT REGULATE YOUR ACTIONS ON THE PLATFORM. You are solely responsible for ensuring that you are complying with all applicable laws and rules of professional conduct when you are using the Platform, including those regarding the unauthorized practice of law, communications, and confidentiality. The Company is not liable for any violations of law or professional rules by any user or the results of such a violation.

YOU UNDERSTAND AND AGREE THAT AXDRAFT IS NOT A LAW FIRM OR AN ATTORNEY, MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY OR LAWYERS, AND IS NOT THE SUBSTITUTE FOR THE ADVICE OR SERVICES OF ATTORNEY AND LAWYER. NO ATTORNEY-CLIENT RELATIONSHIPS OR PRIVILEGE IS CREATED WITH AXDRAFT.

4. AMENDMENTS TO THE TERMS

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

5. ACCESSING THE PLATFORM

You agree to pay the proposed fees for the services, provided by AXDRAFT. Within up to 72 hours after the payment is completed, you will receive email instructions from AXDRAFT to create your permanent password to access and use the Platform. You are solely responsible for providing AXDRAFT with your correct email address when paying for the services. If you have not provided AXDRAFT with a correct email address for your account, we will not be able to send you instructions to access and use the Platform. If you believe, that you may have made a mistake, while providing us with the email address during the subscription process, please contact us at [email protected] or +1.650.830.8140.

6. ACCOUNT INFORMATION AND SECURITY

You consent to all actions we take with respect to your information consistent with our Privacy Policy https://axdraft.com/privacy.

You are entirely responsible for maintaining the confidentiality of your password, as well as any and all activities that occur under your account. You may not use a third party’s account, user name or password at any time.

You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

7. CHANGES TO THE PLATFORM

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

8. RELIANCE ON INFORMATION POSTED

We do not warrant the accuracy, completeness, or usefulness of any information on the Platform, including any documents that are posted for use on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. LINKS FROM THE PLATFORM AND INTEGRATIONS

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. INAPPROPRIATE CONTENT

You are responsible for your use of the Platform and or any content you provide, including compliance with applicable laws, rules, and regulations.

By accessing the Platform, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve our right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

11. PROHIBITED USES

You may use the Platform only for lawful purposes and in accordance with the Terms. You agree not to use the Platform:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify the Company or Platform rating.
  • Otherwise attempt to interfere with the proper working of the Platform.
12.
NO USE BY MINORS

The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

13. OWNERSHIP

The Portal is owned and operated by AXDRAFT. All right, title and interest in and to the materials provided on the Portal, including but not limited to information, documents, logos, graphics, sounds, images and video (the “Materials”) are owned either by AXDRAFT or by its subsidiaries, respective third party authors, developers or vendors (“Third Party Providers”). None of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Portal shall be construed to confer any license under any of the Company’s intellectual property rights. Any rights not expressly granted herein are reserved by the Company.

14. INTELLECTUAL PROPERTY RIGHTS.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its subsidiaries and licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms permit you to use the Platform for your personal use only, subject to the following conditions and restrictions:

  • You agree to allow AXDRAFT to use and display your organization’s logo on our website and in other promotional materials in promotional purposes.
  • You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.

The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

  • 14.1 COPYRIGHTS
    All content provided on this Platform is owned by AXDRAFT and/or its affiliated companies. AXDRAFT and and/or its affiliated companies retain all proprietary rights to the Platform. The Platform may not be reproduced, transmitted or distributed without the prior written consent of AXDRAFT. You acknowledge that the Platform is the intellectual property of the Company and its affiliated companies. No ownership right is granted to any user for any Intellectual property relating to the Platform. ALL RIGHTS RESERVED.
  • 14.2 TRADEMARKS
    AXDRAFT logo and AXDRAFT name are registered trademarks of AXDRAFT and its affiliated companies.
  • 14.3 INTELLECTUAL PROPERTY RIGHTS TO CONTENT UPLOADED BY USER
    All intellectual rights to the content upload by you for automation to the Platform belong to you, but you hereby grant AXDRAFT the right to analyse and process such content in accordance with the Privacy Policy https://axdraft.com/privacy to improve the work of the Platform.

15. COPYRIGHT INFRINGEMENT

As we ask you to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material locate on or linked to by the Platform violates your copyrights, you are encouraged to notify us via email at: [email protected]. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a user’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AXDRAFT or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to AXDRAFT.

16. DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED BY AXDRAFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. AXDRAFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD AXDRAFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF AXDRAFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF AXDRAFT, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

18. USERS OUTSIDE THE USA

The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

19. GOVERNING LAW AND JURISDICTION

All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

Any legal suit, action or proceeding arising out of, or related to, the Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County and City of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

20. WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

21. ENTIRE AGREEMENT

The Agreement together with the Privacy Policy constitutes the sole and entire agreement between you and the Company with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

22. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

23. ACCEPTANCE OF THE TERMS

The Terms are entered into by and between you and the Company, and they govern your access to and use of the Platform and all related services, and all updates and revisions thereto, including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.

This agreement remains in full force and effect while you use the Platform. We may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply stop using the Platform, not renew your subscription, or contact us at [email protected]. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. ACKNOWLEDGEMENT

BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY AXDRAFT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

25. RIGHT OF REFUSE

You acknowledge that AXDRAFT reserves the right to refuse service to anyone and to cancel user access at any time.

26. YOUR COMMENTS AND CONCERNS

Please send your feedback, comments, requests for technical support and other communications relating to the Platform to: [email protected]