XPERMIT® Terms of Service

Effective: 21 July 2020
Updated: 28 August 2020


XPERMIT® is a great way of ensuring that Files, Photos and Notes (“Your Files”) are kept private to certain people that you decide.

These Terms of Service (“Terms”) cover your use of and access to our XPERMIT® software and website ("Services"). Your agreement is with DBT SOFTWARE LIMITED (“DBT”).

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.


Your Files & Your Permissions

When you use our Services, you allow us to process your Files, Photos, Notes and so on (“Your Files”). We need your permission to do this and give you control of who can open Your Files when you ask. You give us permission to do those things.

Your Files are yours and are processed as part of the Services, and not stored by DBT. These Terms don’t give us any rights to Your Files except for the limited rights that enable us to offer the Services.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy.

DBT may review your conduct for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people share using the Services.

Help us keep you protected

Safeguard your password to the Services and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law and regulations. Finally, to register and account and be able to use our Services, you must be at least 13 years old (or older, depending on where you live).

Software

Our Services allow you to download client software (“Software”) which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, non-sublicenceable, revocable licence to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source licence, we’ll make that licence available to you and the provisions of that licence may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone to do so.

Intellectual Property rights

All intellectual property rights in or relating to the Service (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors.

Paid Account

  • Billing. You can register for an XPERMIT® Pro account ("Paid Account") straightaway or upgrade from an existing XPERMIT® basic account. We’ll automatically bill you from the date you register for, or upgrade to a Paid Account and on each periodic renewal date until cancellation. We’ll send you a notice email reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
  • Refunds. You can cancel your XPERMIT® Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account.
  • Non-payment. If you have a Paid Account and don’t pay on time, we reserve the right to suspend it or remove Paid Account features.
  • Changes. We may change the fees of the Paid Account, but will give you advance notice of these changes via a message to the email address associated with your account.

Your right to cancel

You’re free to stop using our Services at any time.

If you’re using XPERMIT® Pro (Paid Account) and choose to cancel your account, we will automatically convert you to an XPERMIT® Basic account; enabling you to continue to use the Services (without the Paid Account Features). You are also free to cancel your XPERMIT® account completely and de-register from our Services. If you choose to deregister completely, Your Files will continue to open for those users you have authorised.

Suspension or Termination

We reserve the right to suspend or terminate your access to the Services with notice to you if:

  1. you’re in breach of these Terms,
  2. your use of the Services is in a manner that would cause a real risk of harm or loss to us or other users,

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll suspend or terminate your access to the Services.

We won’t provide notice before suspension or termination where:

  1. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  2. we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond DBT’s control or to comply with a legal requirement. If possible, we’ll give you reasonable prior notice. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Services provided “As Is”

We strive to provide excellent Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, DBT makes no warranties, either express or implied, about the Services. The Services are provided “As Is”. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so – this includes any liability for DBT fraud or fraudulent misrepresentation in providing the Services. In countries where the following types of exclusion aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement. In countries where exclusions or limitations of liability are allowed, DBT, won’t be liable for:

  1. any indirect, special, incidental, punitive, exemplary or consequential damages, or
  2. any loss of use, data, business or profits, regardless of legal theory.

These exclusions or limitations will apply regardless of whether or not DBT have been warned of the possibility of such damages. If you use the Services for any commercial, business or re-sale purpose, DBT will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. DBT isn’t responsible for the conduct, whether online or offline, of any users of the Services. Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of £2 GBP or 100% of any amount you've paid under your Paid Account, but for which you haven’t received the Services.

Resolving Disputes

We always want to try and sort things out without needing a formal legal case. Before filing a claim against DBT, you agree to try to resolve the dispute informally by contacting us at My Account. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or DBT may bring a formal proceeding.

Applicable law for Disputes

You and DBT agree that any Disputes arising from your use of the Services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.

Controlling Law

Use of the XPERMIT® Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this App and the services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.

Entire Agreement

These Terms constitute the entire agreement between you and DBT with respect to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment

DBT’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. DBT may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Modifications to Terms

We may revise these Terms from time to time to better reflect:

  1. changes to the law,
  2. new regulatory requirements, or
  3. improvements or enhancements made to our Services.

If an update to the Terms affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, you have the right to cancel your account before they become effective. Where applicable, we’ll offer you a pro rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.