Terms of Service
These Terms of Service ("Terms") are a legal agreement between POMC Technologies, LLC ("we," "us," or "our"), a limited liability company operating in the State of Florida, and you ("Customer" or "you"). They govern your access to and use of Documentation CMS (the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement. If you are accepting these Terms on behalf of an organization, you represent that you are authorized to do so.
2. Account Registration
You must provide a valid email address and create a password to register an account. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately if you suspect unauthorized access to your account
You may not share your account credentials with others or allow multiple people to use a single account. We reserve the right to suspend or terminate accounts we believe are being shared or misused.
3. Free Trial
We may offer a free trial period for new accounts. During the trial, you have access to Service features as specified at signup. No payment method is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service, or your account will be suspended.
We reserve the right to modify or discontinue trial offerings at any time.
4. Subscriptions and Payment
Paid plans are billed on a recurring basis (monthly or annually, as selected). By subscribing, you authorize us (or our payment processor) to charge your payment method on each renewal date.
- Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; you retain access until then.
- Refunds: We do not issue refunds for partial billing periods or unused time, except where required by law.
- Price changes: We will give at least 30 days' notice before changing subscription prices. Continued use after a price change constitutes acceptance of the new pricing.
- Failed payments: If a payment fails, we may suspend access to the Service until the balance is resolved.
All payment processing is handled by our payment processor. We do not store your payment card information.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Infringe the intellectual property rights of others
- Upload or transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to any system or network
- Interfere with or disrupt the Service or its infrastructure
- Scrape, crawl, or systematically extract data from the Service without our written permission
- Resell or sublicense access to the Service without our written permission
- Use the Service to store or transmit content that is illegal, defamatory, or violates the rights of third parties
6. Your Content
Ownership. You retain all copyright and intellectual property rights to the content you create, upload, or store in the Service ("Your Content"). We claim no ownership over Your Content.
License to us. By uploading content to the Service, you grant POMC Technologies, LLC a limited, non-exclusive, royalty-free license to host, store, transmit, and display Your Content solely as necessary to provide the Service to you.
Confidentiality. We treat Your Content as confidential. We will not disclose Your Content to third parties except as required to provide the Service, as directed by you, as required by law, or as described in our Privacy Policy.
Your responsibility. You are solely responsible for Your Content, including ensuring you have the right to upload it and that it complies with these Terms and applicable law.
7. Our Intellectual Property
The Service, including its software, design, features, and branding, is owned by POMC Technologies, LLC and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other proprietary materials.
8. Termination
Either party may terminate this agreement at any time. You may terminate by canceling your subscription and closing your account. We may suspend or terminate your account immediately, without notice, if you violate these Terms or if we discontinue the Service.
Upon termination, your right to access the Service ends. Your content will be retained for 30 days, after which it will be permanently deleted.
9. Force Majeure
Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, power failures, or failures of third-party service providers.
10. Disclaimers
We do not guarantee that the Service will meet your specific requirements or that any data stored in the Service will not be lost. You are responsible for maintaining backups of Your Content.
11. Limitation of Liability
Carve-outs. The liability cap above does not apply to: (a) your payment obligations; (b) either party's indemnification obligations; (c) damages arising from a party's gross negligence or willful misconduct; or (d) damages arising from a party's breach of its confidentiality obligations.
12. Indemnification
You agree to indemnify, defend, and hold harmless POMC Technologies, LLC and its owners, officers, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.
13. Copyright Infringement — DMCA Policy
POMC Technologies, LLC respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, please submit a written notice to: support@doc-cms.com
14. Dispute Resolution and Arbitration
Informal resolution. Before initiating any formal dispute process, you agree to contact us first and attempt to resolve the dispute informally by emailing us at the address below. We will try to resolve the dispute within 30 days.
Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA), conducted in English, in the State of Florida.
Class action waiver. You agree to resolve disputes with us only on an individual basis. You waive any right to bring or participate in a class action lawsuit or class-wide arbitration.
15. Governing Law
These Terms are governed by the laws of the State of Florida. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts located in the State of Florida.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date above. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
17. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and POMC Technologies, LLC regarding the Service.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
- No waiver. Failure to enforce any provision of these Terms is not a waiver of our right to do so later.
- Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
18. Contact Us
Questions about these Terms? Contact us at:
POMC Technologies, LLC
Email: support@doc-cms.com