Terms and Conditions

Welcome to Annotate.co

About Us

Annotate.co is hosted at https://www.annotate.co and operated by Textensor Limited, a company registered in Scotland with company number SC294230. Our registered and trading office is 30/2 Frederick Street, Edinburgh, EH2 2JR.

The following agreement details the terms by which you may use Annotate.co, including registration for an account and purchase of a subscription.

Please read the following agreement carefully before using Annotate.co. By using Annotate.co, its services and features, you accept the terms contained within this agreement. If you do not accept the terms in this agreement, please do not use the site, its services or features.

Annotate.co Terms and Conditions of Use

This is an agreement between you and Annotate.co ("we" or "us") which is operated by Textensor Limited regarding the services and features provided by Annotate.co (the "Service"). Before using the Service, please read these Terms and Conditions of Use, our "Privacy Policy" located at https://www.annotate.co/privacy-­policy.html and our "Fair Use" policy located at https://www.annotate.co/fairuse.html (collectively, the "Agreement"). If you use the Service, you will be bound by the Agreement.

1 The Annotate.co Service

1.1 The Service. The Service provides features and functionality which allow you to store, retrieve, manage and access your documents and images (“Your Files”) in order to collaboratively annotate and review them. By using the Service, you are directing us to store, manage, and provide access to Your Files on your behalf.

1.2 Using Your Files with the Service. You may use the Service only to store, retrieve, manage, and access Your Files using the features and functionality we make available. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licences or agreements to which you are bound. You must ensure that Your Files have been lawfully acquired and are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

1.3 Sharing Your Files. The Service provides features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may handle it to the level authorised by you when granting access. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.

2 Service Levels

2.1 Service Level Selection. The Service offers free and paid plans, which have different functionality, features and usage limits (each a “Service Level”). You will have the free Service Level if you haven’t chosen a paid Service Level.

2.2 Service Level Fees. If you have a paid Service Level, the price stated (the “Subscription Fee”) is inclusive of VAT if applicable. If you upgrade your Service Level, the upgrade will take effect immediately, we will charge you the Subscription Fee in full for the new Sevice Level. If you downgrade your Service Level, the downgrade will take effect immediately. Upon upgrading or downgrading we will calculate the prorated Subscription Fee unutilised and credit it to your account. This credit will be used to defer the date when the next subsequent Subscription Fees fall due. For example, if you began using your current Service Level on the 5th of the month and you choose to upgrade on the 15th of the month to a plan that costs twice as much, then you will have 20 days credit on the current Service Level which is equivalent to 10 days on the new service level. The first installment of the new plan will be taken on the 15th of the month, but the following and subsequent installments will be deferred for ten days and taken on the 25th of the month. Where a discount has been applied to the Subscription Fee, this discount will be removed when calculating the prorated Subscription Fee unutilised. The first month of Subscription Fee will always be retained in full and is non refundable even if you do not use the Service. Annotate.co may authorise requests for refunds of credit balances.

2.3 Automatic Renewal. Unless you notify us before renewal that you want to cancel or you set your Service Level account to not auto renew, your paid service plan will automatically renew at the end of its term, and you authorise us (without notice) to collect the then applicable Subscription Fee and any taxes for the renewal, using a payment method we have on record for you. Service Level fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Level.

3 Use of the Service

3.1 Use of Your Annotate.co Account. You may only use your Service Level in connection with one Annotate.co account. You may not share your Annotate.co username and password with others or use anyone else’s Annotate.co username and password. You are responsible for maintaining appropriate security and protection of Your Files.

3.2 Usage Restrictions. There may be limits on the types of content you can store using the Service, such as file types we don’t support, and on the number or type of devices you can use to access the Service. If you exceed your Service Level’s storage limit, including by downgrading or not renewing your Service Level, you may no longer be able to access Your Files. We may impose other restrictions on use of the Service.

3.3 Our Use of Your Files to Provide the Service. We may use, access, and retain Your Files in order to provide the Service to you and enforce the terms of the Agreement, and you expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Files for backup purposes, modify Your Files to enable access in different formats, and access Your Files to provide technical support. Annotate.co respects your privacy and Your Files are subject to the Annotate.co Privacy Policy.

3.4 Information Provided to Annotate.co. The Service may provide Annotate.co with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, IP address of the device, information about your internet service provider, information about when the Software is launched, individual session lengths for use of the Service, information about the content used through the Service, or occurrences of technical errors. Any information we receive is subject to the Annotate.co Privacy Policy.

4 Changes; Suspension and Termination

4.1 Changes. We may change, suspend or discontinue the Service, or any part of it, at any time. If we discontinue the Service, we will give you a prorated refund of any fees paid for your Service Level subject to the same calculation as found in 2.2 above.

4.2 Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service Level is restricted, suspended or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.

5 General

5.1 No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

5.2 Amendment. We may amend the Agreement at our sole discretion by notifying you of the revised terms by email or via the Service or on Annotate.co, but any increase in fees will not affect the cost of your Service Level during its term. Your continued use of the Service following any amendment evidences your agreement to be bound by it.

5.3 Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

5.4 Contact Information. For communications concerning the Agreement, please contact Annotate.co at Annotate.co 30/2 Frederick Street, Edinburgh, EH2 2JR.

5.5 Disputes. This Agreement and any dispute or claim arising from or relating to the Agreement or the Service is governed by the law of Scotland.

5.6 Exclusions of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Annotate.co Conditions of Use, Annotate.co will not be liable for (a) losses that were not reasonably foreseeable to you and Annotate.co at the time when you begin using the Service, (b) losses that did not arise from any breach or default on Annotate.co’s part, (c) any business losses, or other losses that arise from any non­consumer use of the Service or Software, or your use of the Service or Software in a way that is prohibited by this Agreement, (d) loss, damage or misappropriation of Your Files. For losses that are not excluded by the above clause, Annotate.co’s liability to you for compensation (including any statutory right to obtain a refund) will be limited to the amount you paid (if any) for your then current Service Level. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.