Terms of Use

Thank you for choosing to use Proofdesk, a service offered by Native Systems Limited. To create an account you must accept these terms. Please review these Terms of Use carefully.

Native Systems Limited (referred to as “Proofdesk”, “we”, “our” or “us”) is a company registered in the Isle of Man with registration number 130089C. Our registered office is at First Floor, 8 Victoria Street, Douglas, Isle of Man, IM1 2LH.

1. Introduction

1.1 Our Services

When we refer to our "services," we are encompassing all the products and services we currently offer and may provide in the future.

1.2 Your Account and Access

By having a Proofdesk account, we provide you with the right to utilise our services. However, the specific features and data accessible to you are determined by the owner of the Organisations you are a member of and their corresponding subscription plans.

1.3 Ownership and Intellectual Property

We retain ownership of all aspects of our services, unless stated otherwise. This encompasses the design, compilation, and overall appearance of our software. You agree not to copy, distribute, modify, or create derivative works of our content or use our intellectual property in a manner that is not authorised by us.

2. Account Management and Responsibilities

2.1 Your Account

Your account is securely tied to your email address, ensuring exclusive access for you alone. It is not inherently linked to any organisation but can be associated with one or multiple organisations as needed. This flexibility allows you to manage and collaborate seamlessly within different contexts.

2.2 Information and Security Responsibility

To ensure a secure and smooth experience, it is your responsibility to keep your information, such as your email address, up to date. Additionally, you are responsible for safeguarding your username, password, and two-factor authentication credentials to prevent theft or misuse.

2.3 Prohibited Activities

You must not:

• Engage in activities that compromise the security or availability of our computing systems.

• Use our services in a manner that disrupts functionality or hinders others' ability to use them.

• Attempt to access unauthorised areas of our systems or data.

• Introduce malicious code or viruses through uploads or any other means.

• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or extract any of our service's source code.

• Commit acts of fraud or engage in any other form of illegal activity.

• Behave in an abusive or disrespectful manner towards our employees.

3. Data Ownership, Privacy, and Confidentiality

3.1 Data Ownership and License

When you provide or upload data to our services, you retain ownership of that data. However, you grant us a licence to use, copy, transmit, store, analyse, and back up all the data you submit. This allows us to provide and improve our services, develop new features, protect our services and share information with trusted third-party service providers and partners to support these purposes.

3.2 Privacy Protection

We value your privacy and the privacy of your customers, and we are committed to protecting personal information. In addition to these terms, we have a comprehensive Privacy Policy that outlines how we handle and process personal information.

3.3 Anonymised Statistical Data

As part of using our services, we may generate anonymised statistical data from your data and usage. This anonymised and aggregated data is used to enhance our services, create new offerings, and identify business trends.

3.4 Unauthorised Access and Breach Notification

In the event of any unauthorised access to the personal information you have provided, we will promptly notify you and provide detailed information about the breach.

3.5 Confidentiality

During your use of our services, you may share confidential information with us, and you may also become aware of confidential information about us. We mutually agree to take reasonable measures to safeguard each other's confidential information. However, if required by law or regulatory authorities, either party may be obligated to disclose the other party's confidential information.

4. Security, Maintenance, and Support

4.1 Data Security and Account Protection

We prioritise the security of your data and take necessary measures to protect it. However, it's important to note that no method of electronic storage can guarantee absolute security. If we suspect unauthorised access to your account, we may notify you and take necessary steps, including restricting access to certain services until verification is complete, to ensure the safety of your account and data.

4.2 Maintenance and Downtime

From time to time, it may be necessary for us to conduct maintenance on our software. As a result, there may be instances when the service is temporarily unavailable. We make every effort to minimise any disruption and keep it as brief as possible. Whenever feasible, we will provide you with prior notice via email regarding any planned maintenance.

4.3 Data Backup and Loss Prevention

We design our systems to be robust and incorporate redundancy measures. However, it's important to acknowledge that data loss is a potential risk in any technological environment. To safeguard your information, it is your responsibility to maintain copies of any data you input into our software.

4.4 Support

If you encounter any issues or have questions, our dedicated support team is here to assist you. Simply reach out to us at [e-mail], and we'll be glad to help.

5. Indemnification and Limitation of Liability

5.1 Indemnification

By using our services, you agree to indemnify us against any losses, costs, expenses, demands, or liability that we may incur due to a third-party claim against us relating to your use of our services.

5.2 Limitation of Liability

Our services are made available to you on an “as is” basis.

We are not liable for any indirect, consequential, incidental, punitive, exemplary, or special losses, damages, or expenses arising from your use of our services. We are not responsible for any loss of revenue, profit, goodwill, customers, capital, anticipated savings, legal or tax compliance issues, damage to reputation, or losses related to other contracts. Our overall liability to you is limited to the total amount you paid us for your subscription in the 12 months preceding the claim.

6. Additional Terms

6.1 Professional Advice

While we offer guidance and training to assist you in utilising our services effectively, it's important to understand that this is not equivalent to professional advice. Our aim is to help you navigate and make the most of our platform, but please note that any information we provide should not be interpreted as professional advice. We accept no responsibility for any actions or decisions you take based on the guidance we offer.

6.2 Force Majeure

While we strive to maintain robust and reliable systems, there may be instances where circumstances beyond our reasonable control prevent us from fulfilling our obligations. We are not liable for any failures to perform our duties arising from such unforeseeable events.

6.3 Changes to these Terms

Occasionally, it may be necessary for us to update these terms. Rest assured that any changes we make will not apply retroactively. We will do our best to notify you in advance of any significant changes to these terms before they take effect, ensuring you have ample time to review and understand them.

6.4 Governing Law

These Terms of Use are governed by Isle of Man law.