This privacy policy for AsterDocs/DBI LLC ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
Questions or concerns? Reading this privacy Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@asterdocs.com
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with AsterDocs and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy Policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Policy will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short:We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
In Short:In some regions, such as Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section below.
We will consider and act upon any request in accordance with applicable data protection laws.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our services, please contact us at info@asterdocs.com
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy Policy.
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
Category | Examples | Collected |
---|---|---|
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | No |
B. Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information | No |
C. Protected classification characteristics under California or federal law | Gender and date of birth | No |
D. Commercial information | Transaction information, purchase history, financial details, and payment information | No |
E. Biometric information | Fingerprints and voiceprints | No |
F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | No |
G. Geolocation data | Device location | No |
H. Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | No |
I. Professional or employment-related information | Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | No |
J. Education Information | Student records and directory information | No |
K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | No |
L. Sensitive Personal Information | No |
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy Policy.
You may contact us or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
AsterDocs has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. AsterDocs will not sell or share personal information in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer's sensitive personal information.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
To exercise these rights, you can contact us or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
In Short:Yes, if you are a resident of Virginia, you may be granted specific rights regarding access to and use of your personal information.
Under the Virginia Consumer Data Protection Act (CDPA):
"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.
"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.
"Sale of personal data" means the exchange of personal data for monetary consideration.
If this definition "consumer" applies to you, we must adhere to certain rights and obligations regarding your personal data.
The information we collect, use, and disclose about you will vary depending on how you interact with AsterDocs and our Services.
Your rights with respect to your personal data
AsterDocs has not sold any personal data to third parties for business or commercial purposes. AsterDocs will not sell personal data in the future belonging to website visitors, users, and other consumers.
Exercise your rights provided under the Virginia CDPA
More information about our data collection and sharing practices can be found in this privacy Policy.
You may contact us by email at info@asterdocs.com or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Verification process
We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.
Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
Right to appeal
If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at info@asterdocs.com Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General
In Short:Yes, we will update this Policy as necessary to stay compliant with relevant laws.
We may update this privacy Policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy Policy, we may notify you either by prominently posting a Policy of such changes or by directly sending you a notification. We encourage you to review this privacy Policy frequently to be informed of how we are protecting your information.
If you have questions or comments about this Policy, you may email us at info@asterdoc.com or by post to:
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please contact us info@asterdocs.com
This is a binding contract. Please read it carefully before using AsterDocs
These Terms of Service (the “Terms”) are an important contract between DBI and you:
The “Agreement” refers to these Terms and any other policies together.
The general idea of this Agreement is that we grant you a license to use the Services, and in return, you pay us and agree to abide by our terms and policies. Your failure to abide by your obligations under these agreement and other policies constitutes grounds for suspension or termination of your account and revocation of your access to the Services.
In this Agreement:
Summary
You acknowledge and agree that, as provided in greater detail in this Agreement:
This Agreement takes effect when you as the End User or another End User within your organization create an AsterDocs account or the account is created in your name or your organization’s name by AsterDocs.
By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization. DBI may, in its sole discretion, refuse to offer the Services to any person or entity, and may change its eligibility criteria at any time.
To access the Services, you must create an AsterDocs user account which will have your organizations details.
When you register for the accounts, you may be required to provide us with some information about yourself, such as your phone number or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate at all times. You are responsible for all activities that occur under your accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). You may create additional user accounts for users within your organization.
You understand that some functionality is restricted on devices such as mobile where the system might be as responsive. You also understand that software’s can contain bugs that result in the service not responding as expected in areas and that this is expected when purchasing an AsterDocs license.
Each AsterDocs user account is protected by credentials. You are responsible for maintaining the security of your credentials. AsterDocs and our associates are not responsible for unauthorized access to your account, except to the extent caused by our breach of this Agreement.
If you do not abide by your obligations, or if you violate our Agreement, we may determine your account to be not in good standing and may take Remedial Action according to Section 5.
You may terminate your account and this Agreement at any time in accordance with Section 9.
Your obligations include, but are not limited to, the following:
You will not violate and will not allow third parties under your control to violate, our Acceptable Use Policy or other policies.
You incur fees and charges based on your number of licenses, use of the Services and any agreed upon customizations. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason.
Late payments may bear interest. Charges are exclusive of taxes. You are responsible for paying all reasonable expenses and legal fees we incur collecting late payments. We reserve the right to discontinue the provision of the Services to you for any late payments.
Fees are based on the number of licenses that you hold under your subscription. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, except where we are in breach of this Agreement or we seek to terminate the services early for convenience (when a full refund will be provided), refunds (if any) are at our discretion and only in the form of credit for the Services. Nothing in this Agreement obligates AsterDocs to extend credit to any party.
You are responsible for paying all taxes and government charges and will pay us for the Services without any reduction. In the event that As is obligated to collect or pay taxes, those taxes will be invoiced to you (if they are not collected during checkout), unless you provide us with a timely and valid tax exemption certificate issued by the appropriate authority for each jurisdiction in which you claim exempt status.
If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
Please read our Privacy Policy.
You are responsible for protecting the privacy and legal rights of your End Users. Your obligations include but are not limited to:
We reserve the right to take Remedial Action (under clauses 5A, 5B, and 5C below) and suspend your account, suspend your access or your End Users’ access to the Services, and/or suspend or remove an Application or AsterDocs Service with prior written notice (or without prior notice as set forth under section B below) in the event you breach a material term of the Agreement for which your continued use of the Application, account, or AsterDocs Service reasonably constitute a risk for AsterDocs or other users. Our right to take Remedial Action is in addition to our right to terminate this Agreement according to Section 9.
If you become aware that any Application or End User’s use of an Application or data violates the Acceptable Use Policy, you will immediately suspend access to that End User. If you fail to remedy the violation on your own, we will make a specific request that you do so. If you do not remedy the violation within the time period specified in our request (in no case later than 24 hours), we may take Remedial Action.
We reserve the right to take Remedial Action if you are in breach of this Agreement, including if you are delinquent on your payment obligations by more than 30 days.
We will always try to resolve Acceptable Use issues within a mutually acceptable timeframe. We reserve the right to take unilateral Remedial Action at any time, however, to enforce our policies and ensure the safety and security of our customers and their users. If we take Remedial Action without prior notice, we will provide the reason to you as soon as is practically possible.
If we take Remedial Action:
AsterDocs owns all Content and data within the AsterDocs Services and software excluding any in-system supplier documents uploaded by any End User or Supplier, which are owned by you, the Client. Your Content constitutes Confidential Information.
AsterDocs responds to notices of alleged copyright infringement and terminates accounts of repeat infringers.
In general, this Agreement does not grant any rights, implied or otherwise, to AsterDocs Content, data, or any of the other’s intellectual property. As between the parties, AsterDocs owns all intellectual property rights in the AsterDocs services and software applications and customer data.
License to access and use the Services. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with this Agreement. This license is valid only during the term of this Agreement and is revoked upon termination. This license is subject to the following restrictions:
You acknowledge and agree that the form and nature of the Services which AsterDocs provides may change from time to time in which subject to the terms in Section 5 (provided that any such change will not materially decrease the overall functionality of the Application or Services), we will provide you notice of any such change on the basis set out in Section 10. If you do not wish to continue to receive the Services after such change, you have the right to terminate the Services at the date of the change without any further liability (except for the payment of outstanding invoices).
The license granted in this Agreement will remain in effect unless terminated earlier as outlined in this Agreement. Sections 6 (Intellectual Property), 9 (this Section), 11 (Indemnification), 12 (Exclusion of Warranties), 13 (Limitations of Liability), 16 (Governing Law), and 19 (General Terms) shall continue to be effective after this Agreement is terminated.
Unless you have a purchase order or other contractual commitment to AsterDocs:
You will not receive any refunds if you terminate this Agreement (except where we are in breach). If the Agreement is terminated, all of your rights under this Agreement immediately terminate and all fees and charges (including any applicable taxes) owed by you to us are due immediately, including fees and charges for in-process tasks completed after the date of termination.
These Terms may only be amended by mutual written agreement signed by both parties. AsterDocs reserves the right to modify the Policies, on a going-forward basis at any time, provided that the uptime and other material terms of the Service Level Agreement may not be decreased.
If the changed Policies materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms or Policies, as applicable. If we require your acceptance of the changed Policies, changes are effective only after your acceptance. If you do not wish to consent to such material modifications, you may terminate this Agreement with immediate effect without any further liability.If you are under contractual commitment to AsterDocs and you do not accept the changed Terms or Policies, we may choose not to renew your contract at its next renewal date.
AsterDocs shall notify you of any such change to the Policies. We may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. These changes are effective upon publication of the changed Policies.
Disputes arising under this Agreement will be resolved in accordance with this Agreement that was in effect between the parties at the time the dispute arose.
You agree that you will be responsible for your use of the Services, and if you harm someone or get in a dispute with someone else, we will not be involved. You agree to defend and indemnify AsterDocs and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DBI Entities“) from and against every third-party claim, liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We will allow you to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, we agree to cooperate with your defense of that claim.
We agree to defend and indemnify you and your officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any claim, liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or in any way connected with: (a) our violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; or (b) our violation of any third-party right, including any intellectual property right or publicity, breach of our confidentiality obligations under this Agreement or data protection or privacy right. You will allow us to assume the exclusive defense and control of any matter subject to indemnification by us (without limiting our indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Except as expressly provided for herein, to the maximum extent permitted by applicable law, AsterDocs does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use. AsterDocs is not responsible or liable for the deletion of or failure to store any content and other communications maintained or transmitted through use of the service. AsterDocs does not warrant that the operation of the services will be error-free, timely, or uninterrupted.
No advice or information, whether oral or written, obtained by you from the services or any materials or content available through the services will create any warranty regarding any of the DBI entities or the services that is not expressly stated in this agreement. You assume all risk for any damage that may result from your use of or access to the services and any materials or content available through the services, other than through our negligence or breach. You understand and agree that you use the services, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
In no event will either party be liable for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the services or any materials or content on the services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the party has been informed of the possibility of damage.
You and AsterDocs agree that the aggregate liability of either party to the other party for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under this agreement, whether in contract, tort, or otherwise, is limited to the amount paid by you to AsterDocs for access to and use of the service in the 12 months prior to the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you or AsterDocs.
Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement.
The foregoing limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s intellectual property rights by the other party, or indemnification obligations.
We will provide technical support to all end users (with a 48-hour response SLA). Custom Service Level Agreements or support agreements may be available.
As with any cloud service, you have ongoing security responsibilities to protect access to and Content within AsterDocs services.
With respect to any Personal Information, AsterDocs agrees that it shall use the Personal Information solely as permitted in this Agreement.
This Agreement is governed by the law of the USA and is subject to the exclusive jurisdiction of the courts of the USA
This SLA applies to both Shared and Dedicated AsterDocs environment, as defined in the Terms.
AsterDocs Service Commitment: maximum Uptime as per industry standards
DBI will use commercially reasonable efforts to make your AsterDocs Services available with a Monthly Uptime as per industry standards
Response Times
AsterDocs will use commercially reasonable efforts to respond to any enquiries received via email within 48-hours. All enquiries via email must be directed to enquiry@asterdocs.com or via the “Create Ticket”’ function within the AsterDocs system.
SLA Exclusions
The Service Commitment does not apply to any Unavailability:
This contract agreement commences when you as the End User or another End User within your organization create an AsterDocs account or an additional license and extends for the length of your chosen license package (monthly or annual license). Your organisation's account or individual licenses can be terminated within the AsterDocs system and will expire if in a deactivated state at the next billing cycle.
You agree that AsterDocs may provide you with notices, including those regarding changes the Policies, by email, regular mail, or postings on the AsterDocs Services. By providing AsterDocs your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
“Acceptable Use Policy” means the policy currently available at https://asterdocs.com/, as it may be updated by us from time to time.
“AsterDocs” means the AsterDocs platform.
“DBI” means the DBI LLC company.
“AsterDocs Trade Marks” or “Marks” mean any trademarks, service marks, service or trade names, logos, and other designations of AsterDocs and its affiliates that we may make available to you in connection with this Agreement.
“AsterDocs Site” means https://Asterdocs.com, any subdomain owned or operated by AsterDocs/DBI , and any successor or related site designated by us.
“Content” means software, data, text, audio, video, images or other content.
“AsterDocs Service(s)” means your AsterDocs app and database.
“End User” means any individual or entity authorized by you that directly or indirectly through another user:
1. Accesses or uses your Content; or
2. Otherwise accesses or uses the Services under your account.
The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own AsterDocs account, rather than your account.
“High Risk Activity” means any activity where the failure of a supporting computer system could lead to death, personal injury, or severe physical or environmental damage, such as the operation of nuclear facilities, aircraft navigation, or direct life support systems.
“Remedial Action” means our right under this Agreement to suspend your access or your End Users’ access to the Services, and to suspend or remove an Application, in the event that this Agreement is breached.
“Shared Environment” means an AsterDocs environment running on networks and hosts that are shared between AsterDocs customers.
“Maintenance” means scheduled Unavailability of the Services, as announced by us prior to the Services becoming Unavailable.
“Unavailable” and “Unavailability” mean, for web app services and databases, when your service or database is not running or not reachable due to AsterDocs’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.
This Agreement contains the entire agreement between the Parties and supersedes any previous understanding, commitments or agreements, oral or written. Further, this Agreement may not be modified, changed, or otherwise altered in any respect except by a written agreement signed by both Parties.
© 2023 DBI LLC. All rights reserved. Republication or redistribution of AsterDocs content, including by framing or similar means, is prohibited without the prior written consent of DBI LLC. AsterDocs, “Compliance Simplified” the AsterDocs logo are registered trademarks of DBI LLC and its affiliated companies.