1. Preamble

These Terms of Service apply to the relationship between the customer subscribing to the services (the Customer) and Actual Reports OÜ, a company incorporated under the laws of the Republic of Estonia with registration number 12318670 (the Supplier). They set the terms, rights, restrictions and obligations for using the Documentas service.

2. Definitions

Service: Documentas, an online service for building forms, collecting answers, generating documents from templates, obtaining electronic signatures, validating signed PDFs and storing documents, as described on www.documentas.com. Documentas is built on PDF Generator API, which the Supplier also provides.
User Account: an account provided to the Customer and the people the Customer invites, for the purpose of using the Service.
Service Plan: the type of Service provided to the Customer. Different Service Plans include different features, numbers of credits and prices.
Credits: the units of usage included in a Service Plan. Generating a document, having a document signed and using the AI assistant use credits. Documents generated in test mode do not.
Respondents and Signers: people outside the Customer’s organisation whom the Customer invites to fill in forms or sign documents.
Customer Content: forms, templates, documents, answers and other data the Customer, its users, Respondents or Signers put into the Service.

3. Entering the agreement

The agreement between the Supplier and the Customer is concluded from the moment the Customer starts using the Service. These Terms of Service also apply to any trial or test use.

4. The service

The Supplier grants the Customer a personal, non-assignable, non-transferable, non-exclusive subscription right to use the Service for its business purposes.

The Supplier will use commercially reasonable efforts to provide the Service in accordance with the Customer’s Service Plan, in the hosting region agreed with the Customer: the United States, the European Union or Australia.

The Customer acknowledges that (i) the Service has not been designed to meet its individual requirements; (ii) the operation of the Service may from time to time encounter technical or other problems and may not continue uninterrupted or without errors; and (iii) the Service is not fault-tolerant. The Service is provided on an “as is” and “as available” basis.

The Customer may not assign or transfer its rights and duties under this subscription, except where the assignment is part of a solvent reorganisation within the Customer’s group of companies.

5. Electronic signatures

The Service provides electronic signatures within the meaning of Regulation (EU) No 910/2014 (eIDAS). On paid Service Plans, signed documents are sealed with a certificate and a trusted timestamp. The Service does not provide advanced or qualified electronic signatures and does not verify the identity of Signers.

The Customer is responsible for deciding whether an electronic signature is legally sufficient for each document it sends, including any requirement for written form, a qualified signature or a notary under the law that applies.

6. AI assistant

The template editor includes an AI assistant. Its output may contain errors. The Customer is responsible for reviewing anything the AI assistant produces before using it, including the wording of contracts.

7. Fees, credits and billing

The service fee and the credits included depend on the Service Plan chosen by the Customer, as shown in the Service or agreed with the Customer. Unless otherwise agreed, the billing cycle is 30 days, starting on the day after the Customer subscribes to the Service Plan.

Payment is due in advance by the first day of each billing cycle, in the way shown in the Service or agreed in writing. Late payment may result in the suspension or cancellation of the Service.

The Supplier may change the fees by giving at least 30 calendar days’ notice. If the Customer does not agree with the new fees, it may cancel the Service by giving 10 calendar days’ notice. If the Customer has paid in advance and cancels before the end of the billing cycle, the fee paid in advance is not refunded.

All fees are exclusive of value added tax, sales tax and other public charges. The Customer is responsible for all taxes that may be levied on its purchase or use of the Service.

8. Customer undertakings

All information the Customer provides when signing up must be true, accurate and up to date, and the Customer will promptly correct any information that becomes outdated or incorrect.

The Customer must comply with all laws that apply to its use of the Service. In particular, the Customer is responsible for having a lawful basis to collect personal data with its forms, to invite Respondents and Signers and to send them emails through the Service, and for the content of its forms, templates and documents.

Each person who subscribes the Customer to the Service or otherwise represents the Customer warrants personally that they have the authority to act on the Customer’s behalf and that these Terms of Service bind the Customer.

9. User accounts

Use of the Service is subject to the conditions permitted by its technical functionality. The Customer is responsible for (i) keeping its users’ usernames and passwords confidential, (ii) all actions by people it gives access to or who otherwise use those credentials, and (iii) all consequences of their use or misuse.

The Supplier may suspend the Service, including access to User Accounts, if the Customer’s debt to the Supplier is more than 14 calendar days overdue.

10. Technical developments

The Service is provided with the functionality available when the Customer accepts these Terms of Service. If the Customer wants additional functionality, development is carried out by agreement of the parties.

The Supplier may change the functionality of the Service, including in connection with its technical or substantive development. If the Customer does not agree with the changes, it may cancel the Service by giving at least 60 calendar days’ notice in a form that can be reproduced in writing. If the Customer does not cancel within that term, it is deemed to have agreed to the changes.

11. Intellectual property

All intellectual property related to the Service belongs to the Supplier. The Customer does not acquire any right, title or interest in it, and any rights not expressly granted are withheld. The Customer will not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service.

The Customer keeps all rights in its Customer Content. The Customer grants the Supplier the rights needed to host, process and display Customer Content for the purpose of providing the Service.

The Supplier respects the intellectual property of others and may, at its discretion, disable or terminate a User Account through which the rights of others are infringed.

12. Data protection

For personal data in Customer Content, the Customer is the controller and the Supplier is the processor. The Data Processing Agreement forms part of these Terms of Service. The Privacy Policy describes the processing for which the Supplier is the controller.

13. Confidentiality

The Supplier ensures the secure storage of confidential data and personal data entered through the Service. The Supplier is not responsible if confidential information becomes known to third parties because of the actions of the Customer’s users, for example disclosing a password.

Neither party may disclose confidential information that came to its knowledge while performing these Terms of Service without the prior written consent of the other party.

14. Termination and your data

Either party may end the agreement as these Terms of Service allow. When the agreement ends, the Supplier will return or delete Customer Content as described in the Data Processing Agreement. Signed documents the Customer wants to keep should be downloaded before the agreement ends.

15. Governing law

These Terms of Service are governed by the laws of the Republic of Estonia. Disputes will first be resolved through negotiation and, failing that, in Harju County Court.

Terms of service