Terms of Service
Last modified: March 8, 2012
These terms and conditions will remain in effect throughout Your use of the Services. These terms and conditions are legally binding should You choose to use the Services. You may not use the Services and may not accept the terms if (a) You are not of legal age to form a binding contract with us, or (b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services.
The terms and conditions set forth herein may be amended in our sole and absolute discretion from time to time. Such amended terms and conditions shall be dated and effective immediately upon posting to the Website. Your continued use of the Service after such posting will constitute acceptance by You of such amendments. We will attempt to communicate via e-mail newsletter about any changes, but it is Your responsibility to review these Terms of Service frequently and remain informed about any changes to them, so we encourage You to visit this page often.
1. Grant of Rights to Use Services
1.1 Subject to Your acceptance of and compliance with this Agreement and after payment for the Services, OCR-IT hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right to access and use the Services in accordance with the terms and conditions of this Agreement, and under additional optional Agreement Extensions that have been completed in writing and which become part of this Agreement. Unless explicitly stated otherwise, any new features provided by OCR-IT that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose. You may not allow any unauthorized third party to access the Services for any purpose. All rights not expressly granted under this Agreement are retained by OCR-IT.
1.2 You may write software or website (an “Application”) that interfaces with the Services. You acknowledge that we may change, deprecate or republish any Service or feature of a Service from time to time, and that it is Your responsibility to ensure that interfaces or requests You make to or via our Service are compatible with then-current Service. OCR-IT will attempt to a) preserve current Service structure wherever possible, and b) inform You of any changes with reasonable notice of not less than 30 days so You can adjust Your Application, but we are under no obligation to do so.
1.3 You and any Applications that You may build, distribute, or otherwise create may use the Services at any time that the Services are available provided that those requests do not violate the terms of this Agreement.
1.4 You may not remove, obscure, or alter any notice of any OCR-IT trademark, service mark or other intellectual property or proprietary right appearing on the Website or contained within the Services.
1.5 You are solely responsible for Your Applications, including any data, text, images or content contained therein.
1.6 You are personally responsible for all traffic originating from Your Applications using Your account credentials to the Services. As such, You should protect Your authentication IDs and security credentials. Actions taken using Your credentials shall be deemed to be actions taken by You, with all consequences including service termination, civil and criminal penalties.
1.7 We may make available to You, for Your use in connection with the Services a variety of software, code samples, data and other content, printed and electronic documentation (the “OCR-IT Properties”). Subject to Your acceptance of this Agreement, OCR-IT hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license under this Agreement to install, copy and use the OCR-IT Properties solely in connection with and as necessary for Your use of Services.
(a) The OCR-IT Properties may include, without limitation: Website, APIs, specifications, articles, documentation and code samples (the “Documentation”) describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service.
(b) OCR-IT may make available under another license agreement, such as an open source agreement or copyright belonging to a different entity, additional content or software. Any such content or software will be clearly marked with such a license or copyright information indicating the usage rights available for that content or software.
(c) Except as may be expressly authorized under this Agreement:
You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the OCR-IT Properties.
You may not, and may not attempt to, reverse engineer, disassemble, or decompile the OCR-IT Properties or the Services or apply any other process or procedure to derive the source code of any software included in the OCR-IT Properties.
1.8 For purposes of this Agreement, OCR-IT hereby grants to You a limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license during the Term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of OCR-IT (each, a “OCR-IT Mark”) for the purpose of promoting or advertising that You use the Services. In return You hereby grant OCR-IT a limited, non-exclusive, non-transferable, non-sublicenseable license during the Term of this Agreement to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services. In using OCR-IT Marks, You may not: (i) display a OCR-IT Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by OCR-IT; (ii) use OCR-IT’s Marks to disparage OCR-IT or its products or services; or (iii) display a OCR-IT Mark on a site that violates any law or regulation. Notwithstanding the above, OCR-IT may determine in its sole discretion whether its marks may be used in connection with Your Application. Furthermore, we may modify any OCR-IT Marks provided to You at any time, and upon notice, You will use only the modified OCR-IT Marks and not the old OCR-IT Marks. Other than as specified in this Agreement, You may not use any OCR-IT Mark unless You obtain our prior written consent. All uses of the OCR-IT Trademarks and goodwill associated therewith shall inure to the benefit of OCR-IT.
1.9 The rights granted by us in this Agreement with respect to the OCR-IT Properties, the OCR-IT Marks and the Services are nonexclusive, and we reserve the right to: (i) act as a developer of Applications based on the OCR-IT Properties or via use of the Services; and (ii) work with third parties as developers or systems integrators who may offer products or services which may compete with Your Application.
1.10 Subject to our commercially reasonable efforts and so long as Your account remains in good standing, data generated by Your use of the Service such as processing results will remain available via our Services for at least twenty four hours (1 day) from the time such data was generated. You may use available API to permanently remove the data on demand, which in turn voids this data availability period for specific requests that have been removed via such API. Notwithstanding the above and without limitation to Section 7, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein.
1.11 You may not sub-license, re-brand, OEM, resell or re-purpose any Services or functionality contained within Services without an express written agreement from OCR-IT. The use of Services within another service or Application that exposes either OCR-IT APIs or its own API to directly or indirectly access processing results of Services is strictly prohibited.
2. Term, Termination and Suspension
2.1 The term (“Term”) of this Agreement will commence once You accept this Agreement as provided above. The Agreement will remain in effect until terminated by You or us in accordance with this Section 2.
2.2 You may terminate this Agreement for any reason or no reason at all, at Your convenience, by unsubscribing Your account for any Service for which we provide an automated account un-subscription mechanism. For custom generated accounts, please request closing of the account to OCR-IT in writing. Termination will be considered final when You receive a confirmation from OCR-IT in writing.
2.3 We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at any time by providing You thirty (30) days’ advance notice in accordance with the notice provisions set forth in Section 10 below.
2.4 We may suspend Your right and license to use the Service or terminate this Agreement in its entirety (and, accordingly, Your right to use the Service), for cause effective as set forth below:
2.4.1 Immediately upon our notice to You in accordance with the notice provisions set forth in Section 10 below if (i) we have reason to believe that You violate any provision of this Agreement, (ii) there is an unusually high spike or increase in Your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to You is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) subject to applicable law, upon Your liquidation, commencement of dissolution proceedings, disposal of Your assets, failure to continue Your business, assignment for the benefit of creditors, or if You become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
2.4.2 Immediately and without notice if You are in default of any payment obligation with respect to any of the Services or if any payment mechanism You have provided to us is invalid or charges are refused for such payment mechanism.
2.4.3 Five (5) days following our provision of notice to You in accordance with the notice provisions set forth in Section 10 below if You breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
2.5 Effect of Suspension or Termination.
2.5.1 Upon our suspension of Your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by You, notwithstanding the suspension; (ii) You remain liable for all fees, charges and any other obligations You have incurred through the date of suspension with respect to the Services; and (iii) all of Your rights with respect to the Services shall be terminated during the period of the suspension.
2.5.2 Upon termination of this Agreement for any reason: (i) You remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.
2.6 In the event this Agreement is cancelled or terminated for any reason, Sections 6, 7, 8, 9, 10 and 11 and any applicable definitions will survive any such expiration, cancellation or termination.
2.7 Following the suspension or termination of Your right to use the Services by us or by You for any reason other than a termination for cause, You shall be entitled to take advantage of any post-termination assistance we may generally elect to make available with respect to the Services such as data retrieval arrangements. We may also endeavor to provide You with unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to You, shall be conditioned upon Your acceptance of and compliance with any fees and terms we specify for such assistance.
3. Availability, Downtime and Service Suspensions; Security
3.1 OCR-IT historically has a proven track record of 99.95% availability and uptime of its Services. OCR-IT understands the importance that our Service plays in our client’s daily business operations. We consider the Service we provide to each customer as a critical component of their success and are committed to reliably delivering our Service. OCR-IT shall maintain at least one complete instance of entirely redundant hardware and software installation for failover in case of downtime in primary Services availability, and with accordance of commercial feasibility. OCR-IT will provide best attempts to automatically route, direct and redirect requests between Services areas, software and hardware to achieve maximum availability and responsiveness.
3.2 You acknowledge that in rare cases: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). Without limitation to Section 7, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 10 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
3.3 We strive to keep information You provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation to Section 7 below, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content. For all confidential information, we provide and strongly encourage to use secure connections and available API to remove data on-demand upon completion of individual Service requests. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.
4. Bonus Units
4.1 We may award credits, points, free Service requests, or any of our other virtual currencies (each individually or collectively referred to as “Promotional Credits”) in connection with promotions or other giveaways. Promotional Credits may also be provided to developer needing higher volume of units for testing purposes, upon request and at a sole determination of OCR-IT. Acquisition of Promotional Credits provides only a limited, non-transferable, non-sublicensable, revocable license to use such Promotional Credits to access Services that we expressly make available for use with the Promotional Credits. Promotional Credits have no monetary value and do not constitute currency or property of any type. Promotional Credits may not be sold or transferred, and cannot be exchanged for cash or for any other goods or services, except for Services. We may cancel any Promotional Credits transferred, assigned or sold only upon violation of this Agreement.
5.1 OCR-IT may offer FREE development & testing Services accounts for a limited non-commercial non-revenue-generating use. In its sole discretion, OCR-IT shall determine whether You are eligible for a free trial subscription to its Services, which terms of the free trial are set forth here. Free trials are limited to one per person. Upon creating multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations.
5.2 To the extent the Services or any portion thereof are made available for any fee, You agree to pay all applicable fees (including any minimum subscription fees) as set forth here. We may increase or add new fees for any existing Service by giving You 30 days’ advance notice. All fees payable by You are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from You.
5.3 We may specify the manner in which You will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by You under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, You shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
5.4 Should You have any dispute as to fees associated with Your account, please contact us at firstname.lastname@example.org within 30 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to Your account, but in no event shall there be any cash refunds. Disputes older than 30 days shall not be entitled to any refunds or credits.
6. Intellectual Property
6.1 Other than the use and rights expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the OCR-IT Properties; (iii) the OCR-IT Marks; and (iv) any other technology and software that we provide or use to provide the Services and the OCR-IT Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the OCR-IT Properties, the OCR-IT Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.
6.2 OCR-IT may, at its discretion, offer certain Software Development Kits, tools, application samples, or documentation under an open source license. Any such products will be marked with copyright details, and those copyrights will apply to those and only those documents. OCR-IT reserves all rights to any documents, tools, services, technologies and the like not designated with an open license.
6.3 Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from OCR-IT Properties, You reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data You may send to us or use as part of Your use of any Services (“Your Content”); and (ii) Your Applications.
6.4 In the event You elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the OCR-IT Properties or the OCR-IT Marks (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to OCR-IT via comments, forums, emails and the like (collectively, “Communications”) shall be considered the property of OCR-IT. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
6.5 During and after the Term of the Agreement, with respect to any of the Services that You elect to use, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.
6.6 OCR-IT respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify OCR-IT of Your infringement claim in accordance with the procedure set forth below:
OCR-IT will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OCR-IT’s Copyright Agent at email@example.com for (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
7. Representations and Warranties; Disclaimers; Limitations of Liability
7.1 You represent and warrant that You will not use the Website (including our forums and comments sections), Services, OCR-IT Properties, OCR-IT Marks, Your Application or Your Content in a manner that violates this Agreement. To this effect, we ask that You take reasonable precautions to promote best practices. Although OCR-IT does not assume the duty or obligation to monitor any materials created, posted or uploaded by You or any third parties, OCR-IT reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by You or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies relating to our Website or Services.
7.2 You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of Your Application and for Your Content, including without limitation, the accuracy, appropriateness and completeness of Your Content and all product-related materials and descriptions; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Application and Your Content; (iii) that neither Your Application nor Your Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither Your Application nor Your Content contains any harmful components; and (v) to the extent to which You use any of the OCR-IT Marks, that You will conduct Your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of OCR-IT. You also represent and warrant that You are responsible for any charges incurred by virtue of Your use of the Application, no matter whether the Application acted in error.
7.3 You agree to indicate “OCR is powered by OCR-IT LLC OCR Cloud 2.0” or use the following logo image with a clickable hyperlink to URL http://www.ocr-it.com in a reasonable place of Your application or website that uses the Service. Such place may be the ‘About’ dialog or tab, FAQ section, or Credits section of the website, or any other reasonable but visible location in Your implementation.
7.4 You represent and warrant that: (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) You are duly authorized to do business in the jurisdiction where You operate; and (iii) You are an authorized representative of Your entity duly authorized to access the Services and to legally bind You to this Agreement and all transactions conducted under Your account.
7.5 OCR-IT PROPERTIES, THE OCR-IT MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE OCR-IT PROPERTIES, THE OCR-IT MARKS, THE SERVICES OR THE PROMOTIONAL CREDITS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.6 NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OCR-IT PROPERTIES, THE OCR-IT MARKS, THE SERVICES OR PROMOTIONAL CREDITS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7.7 Third Party Materials: Certain content, products, and services available via the OCR-IT website (or links contained therein) may include materials, software, plug-ins, applications and other resources from third parties and access to third party websites (collectively “Third Party Materials”). You acknowledge and agree that OCR-IT is not responsible for examining or evaluating the content or accuracy of any such Third Party Materials and that OCR-IT does not warrant or endorse and does not assume (and will not have) any liability or responsibility for any Third Party Materials or any damage or loss resulting therefrom. The availability of Third Party Materials is provided solely as a convenience to you. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Materials, including any reliance on the accuracy, completeness, or usefulness thereof.
8.1 You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim arising out of (i) Your use of the Services, OCR-IT Properties and/or OCR-IT Marks in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, and/or applicable law, (ii) Your Application, Your Content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of Your Application and/or Your Content, (iii) Your violation of any term or condition of this Agreement or any applicable additional policies, including without limitation, Your representations and warranties, or (iv) You or Your employees’ or personnel’s negligence or willful misconduct.
8.2 We agree to promptly notify You of any claim subject to indemnification; provided that our failure to promptly notify You shall not affect Your obligations hereunder except to the extent that our failure to promptly notify You delays or prejudices Your ability to defend the claim. At our option, You will have the right to defend against any such claim with counsel of Your own choosing (subject to our written consent) and to settle such claim as You deem appropriate, provided that You shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
9.1 Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of OCR-IT’s or any third party’s intellectual property rights and/or proprietary rights. Any dispute hereunder shall be adjudicated in any state or federal court in San Francisco, California, and You consent to exclusive jurisdiction and venue in such courts. You further acknowledge that our rights in the OCR-IT Services, OCR-IT Properties and the OCR-IT Marks are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
9.2 By using the Services, You agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.
10.1 Notices made by us under this Agreement for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via primary e-mail address (same as your portal log-in ID) provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email.
10.2 For notices made by You to us under this Agreement and for questions regarding this Agreement or the Services, You may contact OCR-IT as follows: by e-mail firstname.lastname@example.org.
11. Miscellaneous Provisions
11.1 Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, You shall be deemed to have taken the action Yourself.
11.2 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
11.3 Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
11.4 Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
11.6 No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of Your Applications or Your Content. We may negotiate a separate promotional endorsement via separate written agreement.
11.7 Fun. You understand and acknowledge that developing optical character recognition (OCR) applications should be fun and easy, and by using the Service, You agree to let Your imagination run wild.
12.1 Please send any questions concerning OCR-IT Terms of Service to email@example.com. Requests are not considered received until confirmed by OCR-IT representative in writing.
12.2. Please send any or service requests regarding functionality to firstname.lastname@example.org. Requests are not considered received until confirmed by OCR-IT representative in writing.
We measure three key events for the resolution of service requests. For each event, you will receive email communication from a representative, usually within 24 hours. All commitment times are measured from the time the request was received by OCR-IT. In most cases, various issues can be resolved immediately upon receipt of the service request. The measured time is also based on hours a0 AM to 8 PM EST Monday through Friday, except for national United States holidays. The stated response time hours are applicable only during support hours. The response times are as follows:
- Acknowledge — A live person has received your email request and ensured that it is being dealt with appropriately. 24 hours.
- Confirm – A service representative has reviewed your request and determined a course of action for resolution. When possible, the service representative will provide an estimate of when the request can be resolved. 24 hours
- Resolve – The request has been resolved. The communication from the service representative will describe what was done to resolve the request. 24-48 hours.