Terms of service

1. Parties and scope

These terms govern the provision of the DocShare service by DocShare B.V. ("DocShare", "we"), registered in Amsterdam under KvK 87654321, to the organisation named in the order form ("Customer", "you"). They apply to the sender console, the API, the SMTP relay and the recipient viewer.

Recipients of a document are not parties to these terms. Their use of the viewer is governed by section 9 alone.

2. The service

DocShare seals documents you supply, dispatches single-use links, verifies recipients before release, and maintains an audit record of every attempt. Functional specifications are in the order form and the product documentation, which forms part of this agreement.

We may change the service, provided no change materially reduces functionality or weakens security during a subscription term. Algorithm suites may be strengthened at any time; they are never weakened without ninety days' written notice and a right to terminate.

3. Your responsibilities

• You determine what is sent, to whom, and on what legal basis. You are the controller for that content.
• You are responsible for the accuracy of recipient addresses. We cannot recall a link that reached the wrong mailbox, although you can revoke it.
• You choose and communicate the passphrase through a channel separate from the link. Sending both together defeats the design and voids the confidentiality commitments in section 6.
• You keep administrator credentials secure and remove leavers promptly. SSO and SCIM are provided for this purpose.
• You will not use the service to send unlawful content, to send unsolicited commercial messages, or to impersonate another organisation.

4. Fees

Fees are stated in the order form, exclusive of VAT, invoiced annually in advance in euro. Overage on included share volume is invoiced quarterly in arrears. Payment is due within thirty days. Prices may be indexed once per year at contract renewal, by no more than the CBS consumer price index for the preceding calendar year.

5. Availability and support

The recipient viewer target is 99.9 % monthly availability, or 99.99 % on Enterprise, measured outside announced maintenance windows. Where the target is missed, service credits are the exclusive remedy: 5 % of the monthly fee per 0.1 % shortfall, capped at 30 %.

Support hours, response targets and escalation paths are set out in the order form. Security incidents are handled outside those hours at all times.

6. Security and confidentiality

We apply the technical and organisational measures described on our security page and in Annex II of the data processing agreement, which we will not reduce during the term. We will notify your nominated security contact within twenty-four hours of confirming any incident affecting your data.

We cannot decrypt your documents and therefore cannot produce their content in response to a third-party demand. Where we receive a lawful request relating to you, we will notify you unless prohibited from doing so, and we will not voluntarily assist beyond what the law requires.

7. Intellectual property

The service, its software and its documentation remain ours. Your documents, data and audit records remain yours; we receive only the licence needed to operate the service for you. No rights are granted to use your name or logo in our marketing without separate written consent.

8. Liability

Our aggregate liability per contract year is limited to the fees paid in the preceding twelve months, or €500,000, whichever is lower. This limit does not apply to death or personal injury, to intent or wilful recklessness, or to a breach of section 6 caused by our failure to apply the agreed measures.

Neither party is liable for indirect or consequential loss. In particular, we are not liable for loss arising from a passphrase communicated through the same channel as the link, from an incorrect recipient address supplied by you, or from a recipient's own disclosure of a document properly released to them.

9. Recipients

If a document has been shared with you, you may use the viewer to open, read, print and save that document. You may not attempt to circumvent verification, access shares not addressed to you, probe the service for vulnerabilities outside our responsible disclosure policy, or use automated means to retrieve documents.

The viewer is provided to you free of charge and without warranty. Your relationship regarding the document itself is with the organisation that sent it.

10. Term, termination and exit

The initial term is stated in the order form and renews for successive periods of equal length unless either party gives three months' notice. Either party may terminate for material breach not remedied within thirty days of written notice.

On termination you receive, at no additional charge, a bulk export of ciphertext, manifests and the complete signed audit chain in open formats, together with wrapped keys re-wrapped under a key you nominate. Shares already dispatched continue to function for the remainder of their validity. Ninety days after termination we destroy all remaining key material, after which the ciphertext is unrecoverable.

11. Governing law

Dutch law applies. Disputes are submitted to the competent court in Amsterdam, without prejudice to either party's right to seek injunctive relief elsewhere.