General Terms and Conditions

1. Preamble

OUTDODATA SOLUTIONS PRIVATE LIMITED (the “Operator”, “We”, “Us”) operates the following brands, services, and websites: OutdoDoc (OutdoDoc.com), a web-based application for data extraction from documents (each, a “Service”, or together, the “Services”). The Operator develops and sells the software solutions available through each Service.

2. Subject of the Contract

2.1. The subject of this Contract is the provision of temporary, non-exclusive, paid use of the Service software as a service pursuant to this Contract by the customer (the “Customer”). The scope of performance and functionality of the Service is derived from the interface description that the Customer has received separately or from the description on each Service’s “Pricing Page”
2.2. The Service is only available on the internet; the function of the Service therefore depends on a functioning internet connection. The system requirements necessary for the operation of the Service can be found in the interface description according to point 2.1 or at the Service’s Pricing Page. By using the Service, the Customer also agrees to the relevant Service’s “Terms of Service”. In the event of any conflict between the Terms of Service and this Contract, this Contract will prevail.
2.3. General terms and conditions of the Customer do not apply.
2.4. Creation of multiple accounts for the same person is not allowed.

3. Rights of use

3.1. The Customer shall acquire the non-exclusive right, which is limited in time to the duration of this Contract, to use the Service to the extent of the selected variant worldwide for internal or its own use.
3.2. The scope of use (commercial or non-commercial) is based on the tariff chosen by the Customer. If the tariff chosen by the Customer so provides, the Customer may use, process or exploit the result of the Service (depending on the chosen tariff) commercially or non-commercially in any manner whatsoever. In the case of non-commercial use, the Customer is prohibited from using the results of the Service for direct or indirect commercial purposes.
3.3. Transfer of the Service for use by third parties or other provision to third parties, such as by way of letting, is not permitted.
3.4. Billing is via credits, subscription packages, (depending on the Service), which the Customer can obtain from "Paddle" (paddle.com). Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
3.5 The Operator shall grant the Customer a right of withdrawal for 30 days from the date of the Contract, unless the Customer has made use of the services (even in part).
3.6. In addition to any restrictions set out in the Terms of Service, use for the following purposes is prohibited: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of "fake news", use by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin.

4. Availability

4.1. In the context of the use of a version for which a fee is charged, the Operator undertakes to make the Service available to the Customer 98% of the time, calculated over one year (hereinafter referred to as the Availability). Availability is provided if the Service can be accessed via an internet connection in Austria that meets the system specifications, as described in the specification. Maintenance for which notification has been given by the Operator does not reduce the Availability.
4.2. Higher availability must be agreed separately.

5. Rights and obligations of the Customer

5.1. The Customer undertakes to keep all access data to the Service (e.g. passwords, API keys) secret.
5.2. The Customer undertakes to refrain from any actions that compromise the functionality or operation of the Service. In particular, the Customer is prohibited from carrying out any actions that scan or test weak points of the Service, bypass security systems or access systems of the Service or integrate malware into the Service.
5.3. The Customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded documents.

6. Contract duration

6.1. This Contract shall begin on activation of the account and is concluded for an indefinite period. If you choose to upgrade your chosen tariff or plan, that takes effect immediately. If you choose to downgrade your chosen tariff or plan, that will take effect at the end of the monthly billing period. The respective minimum contract duration (see point 6.2) shall commence again at the same time.
6.2. This Contract may be terminated by either party in writing by registered letter, subject to a one-month notice period, at the end of the respective accounting period. In addition, the Customer has the option of canceling the Contract directly in the account in the "My Dashboard" area, subject to the notice period. The termination shall take effect on the day following the last day of the accounting period. For the avoidance of doubt, if Customer cancels their subscription in the account profile at any time, they can still use the product until the cancellation is effective at the end of the billing period.
6.3. This Contract may be terminated by the Operator for good cause with immediate effect. The following constitute good causes in any case:
6.3.1. if the Customer breaches the provisions of this Contract and does not desist from the conduct that breaches the Contract even after a written reminder within a period of seven working days;
6.3.2. if the Customer is unable to pay or insolvency proceedings are instigated in respect of the Customer's assets or an application for the instigation of such proceedings is rejected for lack of assets to cover the costs;
6.3.3. if the Customer violates point 5.3 or point 3.8 of this agreement.

7. Terms of payment

7.1. Taxes and duties which are related to the current fee shall be paid by the Customer. The Customer hereby indemnifies the Operator in this respect.
7.2. The Customer's activation shall take place as soon as the current fee has been paid. Should the Customer be in default even for one day only, the Operator is entitled to prohibit the Customer from further use of the Service and cancel all services. This is without prejudice to the obligation of the Customer to pay the agreed fee.
7.3 The Operator reserves the right to charge a reasonable fee for reminders or late payments, at its sole discretion.
7.4. The Customer is not entitled to offset claims against the Operator unless such claims have been legally established by a court.

8. Warranty and liability

8.1. Any warranty for the results of the Service and its Availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.
8.2. The Operator is not liable for the speed of the Service, its Availability, data loss or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.
8.3. The liability of the Operator is in any case limited to the amount that the Customer has paid in ongoing fees in the last 3 months before the event giving rise to liability.

9. Confidentiality and data privacy

All data protection information is available to the Customer in the Service’s Privacy Policy

10. Email Marketing and Publicity

Customer permits Operator to use Customer’s name and logo to identify Customer as a customer on Operator’s website and in its marketing materials in accordance with any trademark guidelines or instructions provided by Customer. Customer permits Operator to issue a press release announcing Customer as a customer, provided Operator obtains Customer’s approval of the text of any such press release prior to publication. Following an agreed-upon press release, Operator may use the content of the press release on Operator’s website and in marketing materials.

11. Concluding provisions

11.1. Legal disputes arising from this Contract are governed exclusively by Indian law.
11.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Madras High Court, India.
11.3. Operator may modify these Terms of Service (and any policies or agreements referenced in these Terms of Service) at any time. We will post the most current version of these Terms of Service on each Service. We will provide you with reasonable notice of any change to the Terms of Service that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms of Service become effective, you agree to be bound by the new Terms of Service.
11.4. Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable and/or invalid provision to replace the void, unenforceable and/or invalid provision.
11.5. Any non-English translations of these Terms of Service are provided for convenience only. The English version of these Terms of Service will control.