01Introduction and acceptance
- These terms and conditions (the “Terms”) form a legally binding agreement between Creta System, the company that provides SnapDocx (“we”, “us” or “our”), and the organisation that uses the Service (the “Customer”, “you” or “your”).
- You accept these Terms when you first do any of the following: sign or electronically accept an Order Form that refers to them; create an account; or access or use the Service. If you do not agree to these Terms, you must not use the Service.
- If you accept these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, you must not accept these Terms or use the Service.
- The Agreement consists of the following documents. If they conflict, they take priority in this order:
- any Order Form;
- the Data Processing Agreement;
- these Terms; and
- the Documentation.
- The sections on Using this website, Intellectual property, Warranties and disclaimers, Limitation of liability, Disputes and General also apply to anyone who visits this website (a “Visitor”).
02Definitions and interpretation
- In these Terms, the following words have these meanings:
- Agreement
- These Terms together with every Order Form, the Data Processing Agreement and the Documentation.
- Applicable Law
- All laws, regulations and binding codes that apply to a party’s activities under the Agreement, including Data Protection Law.
- Applicant
- An individual who views, completes or submits a Form.
- Authorised User
- An individual you permit to access the staff workspace in an owner, admin or reviewer role.
- Confidential Information
- Information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, pricing and non-public information about the Service.
- Customer Data
- All data, including Personal Data, submitted to the Service by you, your Authorised Users or Applicants, including Form answers, ID Images, Templates and Generated Documents.
- Data Processing Agreement (DPA)
- Our data processing agreement, which forms part of the Agreement wherever we process Personal Data on your behalf.
- Data Protection Law
- All laws relating to privacy and the processing of Personal Data that apply to a party, including, where applicable, the EU General Data Protection Regulation (EU GDPR) and the UK GDPR.
- Documentation
- The user guides and help material we make available for the Service, as updated from time to time.
- Fees
- The fees set out in an Order Form.
- Form
- An intake form you create or publish using the Service.
- Generated Document
- A Word, PDF or other file the Service produces from a Template and Customer Data.
- ID Image
- A photograph of an identity document, such as a CNIC, uploaded to the Service.
- Order Form
- An ordering document, quote or online order, accepted by both parties, that specifies the Service, Subscription Term and Fees.
- Personal Data
- Any information relating to an identified or identifiable individual, or as otherwise defined in Data Protection Law.
- Service
- The SnapDocx software-as-a-service platform, including Forms, the applicant journey, text recognition, document generation, the staff workspace, the Documentation, all updates, and any support we provide.
- Subscription Term
- The period stated in an Order Form, including any renewal.
- Suggestion
- A value the Service reads from an ID Image using text recognition and presents for review.
- Template
- A document you upload to define the content and layout of Generated Documents.
- In these Terms:
- headings are for convenience only and do not affect interpretation;
- “including” and similar words mean “including without limitation”;
- a reference to a law includes that law as amended, extended or replaced;
- the singular includes the plural, and the plural includes the singular; and
- “written” and “in writing” include email.
03Who may use SnapDocx
- The Service is provided for business, professional and organisational use only. It is not offered to consumers acting for personal, family or household purposes.
- To accept these Terms, you must be at least 18 years old and able to enter into a binding contract.
- You confirm that neither you nor any Authorised User is prohibited from receiving the Service under Applicable Law, including sanctions law.
04If you are an Applicant
- If you complete a Form, the organisation named on that Form (the “collecting organisation”) is responsible for collecting and using your information. Your relationship regarding your application is with that organisation, not with us.
- We provide the Service to the collecting organisation and process your information on its behalf and on its instructions. Our privacy policy explains this in detail.
- Please send any question or request about your application, including a request to access, correct or delete your information, to the collecting organisation. If you send it to us, we will forward it to the collecting organisation where we can identify it.
- You must provide information that is true and is your own, or that you are authorised to provide. You must not use a Form to impersonate anyone. Submitting false identity information may be a criminal offence.
- Suggestions shown to you are read automatically from your photo and may be wrong. You are responsible for checking each detail before you confirm and submit it.
05Using this website
- The content on this website is general information about the Service. It is not legal, compliance or other professional advice, and you must not rely on it as such.
- We may change, suspend or withdraw any part of this website at any time without notice. We do not guarantee that this website will be available, uninterrupted, or free from errors or harmful components.
- This website may link to websites run by others. We have no control over them and are not responsible for their content, availability or privacy practices.
- You must not misuse this website, including by introducing malicious code, attempting to gain unauthorised access to it or to the servers that host it, or attacking it through a denial-of-service attack. We may report misuse to the relevant authorities and cooperate with them, including by disclosing your identity where the law allows.
06Accounts and security
- Each Authorised User must have their own account. Passwords, authenticator keys and setup links are personal to the user and must not be shared.
- You must ensure that every Authorised User:
- keeps their password and authenticator app secure;
- signs in using two-step verification; and
- complies with the Agreement.
- The owner of your installation controls who has access and which role they hold. You must promptly remove or change access when an Authorised User leaves your organisation or no longer needs it.
- You must tell us without undue delay at info@cretasystem.com if you become aware of, or suspect, any unauthorised access to or use of an account or the Service.
- We may require an Authorised User to reset their sign-in details, or temporarily block an account, if we reasonably believe it has been compromised.
07Your responsibilities
- You are the controller of the Personal Data in Customer Data. You alone decide what information your Forms collect, why it is collected, and how long it is kept.
- You warrant and undertake that you will:
- have, throughout the Subscription Term, a valid lawful basis under Data Protection Law for collecting and processing all Personal Data through the Service, including ID Images and identity document numbers;
- give Applicants a clear, accurate and complete privacy notice before they submit information, including by using the privacy notice setting in Company settings, and obtain every consent that Data Protection Law requires;
- collect only information that is adequate, relevant and limited to what is necessary for your stated purposes;
- set retention periods that comply with Applicable Law and your own retention obligations;
- ensure that Forms, labels, translations (including Urdu labels), help text and Templates are accurate, lawful and not misleading;
- review Generated Documents before relying on them, sharing them or using them to make a decision;
- respond to Applicants who exercise their rights under Data Protection Law; and
- comply with all Applicable Law in your use of the Service.
- You are responsible for your own systems, devices and internet connections used to access the Service, and for every decision you make based on Customer Data or Generated Documents.
08Text recognition, Suggestions and Generated Documents
- The Service may read text from an ID Image and present Suggestions to an Applicant or Authorised User. Suggestions exist only to reduce typing. They are produced automatically and may be incomplete or incorrect.
- The Service does not, and is not designed to:
- verify the identity of any person;
- confirm that an identity document is genuine, valid, current, unaltered, or belongs to the person submitting it;
- detect fraud or forgery; or
- identify any person by biometric means.
- Labels such as “Clear”, “Please check” and “Not found” describe how readable a value was in an image. They are not a statement or guarantee that a value is accurate.
- Applicants confirm their own answers before submitting. A staff reading of an ID Image is for comparison only and does not change confirmed answers.
- You must not use Suggestions, Customer Data or Generated Documents as the sole basis for any decision that has legal or similarly significant effects on an individual without meaningful human review. You are solely responsible for any such decision.
- Generated Documents are produced by inserting confirmed answers into your Template. We are not responsible for the content, layout, legal effect or fitness for purpose of any Template or Generated Document.
09Acceptable use
- You must not, and must ensure that your Authorised Users and anyone acting for you do not:
- use the Service in breach of Applicable Law, including Data Protection Law and laws on fraud and identity crime;
- collect Personal Data deceptively, covertly, without a lawful basis, or for unlawful surveillance, profiling or discrimination;
- impersonate any person or organisation, or present a Form as issued by, endorsed by or affiliated with any government body or other organisation without authorisation;
- collect information about children except where Applicable Law permits it and every required consent has been obtained;
- collect special categories of Personal Data, such as health, biometric, religious or criminal-record data, unless doing so is strictly necessary, lawful and agreed with us in writing;
- upload or transmit any virus, malware or other harmful code, or any content that is unlawful, defamatory or obscene, or that infringes another person’s rights;
- attempt to gain unauthorised access to the Service, to another customer’s data or to our systems, or bypass or disable any security, authentication or usage control;
- carry out penetration testing, vulnerability scanning or load testing on the Service without our prior written consent;
- access the Service using any robot, scraper or other automated means, except through interfaces we provide for that purpose;
- interfere with or disrupt the integrity or performance of the Service;
- copy, modify or create derivative works of the Service, or decompile, disassemble or reverse engineer it, except to the extent Applicable Law permits this despite this restriction;
- sell, resell, sublicense, rent or otherwise make the Service available to any third party, other than to Applicants through Forms as intended; or
- use the Service to build a competing product, or publish benchmark results about it without our prior written consent.
- If we reasonably believe that any use of the Service breaches this section, we may take any action we consider appropriate, including removing content, suspending access under the Suspension section, and reporting the matter to the relevant authorities.
10Customer Data and data protection
- As between the parties, you own all rights in Customer Data. Nothing in the Agreement transfers ownership of Customer Data to us.
- You grant us a worldwide, non-exclusive, royalty-free licence for the Subscription Term to host, copy, process, transmit and display Customer Data only as necessary to provide, secure, support and maintain the Service, to prevent or address technical or security problems, and to comply with Applicable Law.
- Where we process Personal Data on your behalf, we act as your processor. We will process it only on your documented instructions, as set out in the Agreement and the DPA, unless Applicable Law requires otherwise. The retention and deletion settings you configure in the Service form part of your instructions.
- We may collect information about how the Service is used, and create aggregated or de-identified data that does not identify you, any Authorised User or any Applicant (“Usage Data”), to operate, secure, analyse and improve the Service. We will not attempt to re-identify Usage Data.
- We will not sell Customer Data, use it for advertising, or use Applicant information for any purpose other than providing the Service to you.
- We will notify you without undue delay after becoming aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of or access to Customer Data. We will give you the information you reasonably need to meet your own obligations.
- If a public authority asks us for Customer Data, we will, where the law allows, direct the authority to you and notify you promptly. We will disclose only the data we are legally required to disclose.
- Retention settings delete data automatically and permanently. Deleted data cannot be recovered. You are responsible for exporting any Customer Data you need before it is deleted.
11Third-party services and subprocessors
- The Service may rely on, or let you connect to, services provided by third parties. Your use of a third-party service that you choose to enable is governed by that third party’s terms, and we are not responsible for it.
- We may engage subprocessors to help provide the Service. Details of our subprocessors are set out in the DPA and are available on request. We remain responsible for our subprocessors’ performance as Data Protection Law requires.
12Fees, invoices and taxes
- You must pay the Fees set out in each Order Form. Unless the Order Form says otherwise, Fees are invoiced annually in advance and are payable within 30 days of the invoice date.
- Fees exclude all taxes, levies and duties, which you are responsible for paying, other than taxes on our net income. If the law requires you to withhold any tax, you must increase your payment so that we receive the full amount invoiced.
- If you dispute an invoice in good faith, you must tell us in writing within 15 days of the invoice date, giving your reasons, and pay any undisputed amount on time. Both parties will work together to resolve the dispute promptly.
- If an undisputed amount is overdue, we may charge interest at 1% per month, or the maximum rate the law allows if lower, from the due date until payment. We may also suspend the Service under the Suspension section after giving you at least 15 days’ written notice.
- We may change the Fees for any renewal Subscription Term by giving you at least 60 days’ written notice before the current Subscription Term ends.
- Except as these Terms expressly state, all Fees are non-cancellable and non-refundable.
13Subscription Term, renewal and termination
- The Agreement starts when you first accept these Terms and continues until every Subscription Term has ended or the Agreement is terminated under this section.
- Unless the Order Form says otherwise, each Subscription Term renews automatically for successive periods equal to the initial term, or 12 months if shorter, unless either party gives written notice of non-renewal at least 30 days before the current term ends.
- Either party may terminate the Agreement immediately by written notice if the other party:
- commits a material breach that cannot be remedied;
- commits a material breach that can be remedied and fails to remedy it within 30 days of receiving written notice of it; or
- becomes insolvent, enters liquidation, administration or any arrangement with its creditors, or suffers any similar event in any jurisdiction.
- If you terminate because of our unremedied material breach, we will refund any prepaid Fees for the rest of the Subscription Term after termination. If we terminate because of your unremedied material breach, you must pay all unpaid Fees for the rest of the Subscription Term.
- When the Agreement ends:
- your right to access and use the Service ends immediately;
- for 30 days afterwards, on request, we will make Customer Data available for export in a standard format;
- after that period, we will delete Customer Data from the Service, unless Applicable Law requires us to keep it; and
- each party will return or destroy the other party’s Confidential Information, subject to these Terms.
- Customer Data held in backups is deleted as those backups are overwritten in the ordinary course, and remains protected under the Agreement until then.
- Every provision that by its nature should survive the end of the Agreement will survive, including those on unpaid Fees, Customer Data, intellectual property, confidentiality, disclaimers, indemnities, limitation of liability, and disputes.
14Suspension
- We may suspend access to all or part of the Service, for you or any Authorised User, if we reasonably believe that:
- suspension is necessary to prevent harm to the Service, our other customers, Applicants or any third party;
- you or an Authorised User have breached the Acceptable use section;
- an account has been compromised;
- an undisputed amount is overdue, as described in the Fees section; or
- suspension is required by Applicable Law or a public authority.
- Where reasonably practicable and lawful, we will tell you in advance about a suspension and the reason for it. We will limit any suspension to what is reasonably necessary and lift it once the cause has been resolved.
15Intellectual property and feedback
- We and our licensors own all rights, title and interest, including all intellectual property rights, in the Service, the Documentation, Usage Data, this website, and the SnapDocx name, logo and other brand features. All rights not expressly granted are reserved.
- Subject to these Terms and payment of the Fees, we grant you a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service, and to allow Authorised Users to do so, solely for your internal business purposes and in line with the Documentation.
- You keep all rights in your Templates, Form content and other Customer Data. You warrant that you have every right needed to upload them and to let us process them under the Agreement.
- If you or an Authorised User give us suggestions, comments or other feedback about the Service, we may use it freely, without any obligation or payment to you. Feedback does not include Customer Data or your Confidential Information.
- You must not use our name, logo or other brand features without our prior written consent. We will not use yours, including in customer lists or marketing, without your prior written consent.
16Confidentiality
- Each party receiving Confidential Information (the “Recipient”) will:
- use the other party’s Confidential Information only to perform its obligations or exercise its rights under the Agreement;
- protect it with at least the same care it uses for its own confidential information of a similar kind, and never less than reasonable care; and
- disclose it only to its employees, officers, contractors, subprocessors and professional advisers who need to know it for those purposes and who are bound by confidentiality obligations at least as protective as this section.
- Confidential Information does not include information that:
- is or becomes public through no fault of the Recipient;
- the Recipient lawfully knew, without restriction, before disclosure;
- the Recipient lawfully receives from a third party without a duty of confidentiality; or
- the Recipient develops independently without using the other party’s Confidential Information.
- The Recipient may disclose Confidential Information to the extent required by law, a court or a regulator. Where the law allows, it must first give the other party prompt notice and reasonable help to seek protective treatment.
- These obligations continue for five years after the Agreement ends, and without time limit for Customer Data and trade secrets.
17Warranties and disclaimers
- Each party warrants that it has the power and authority to enter into and perform the Agreement.
- We warrant that, during the Subscription Term, the Service will perform materially in line with the Documentation, and that we will not materially reduce its overall security or functionality. If we breach this warranty and you notify us in writing, with reasonable details, within 30 days of discovering the breach, we will use commercially reasonable efforts to correct it. If we cannot do so within a reasonable time, either party may terminate the affected Order Form, and we will refund any prepaid Fees for the rest of the Subscription Term. This is your sole and exclusive remedy for breach of this warranty.
- The warranty above does not apply to any problem caused by misuse of the Service, Customer Data, Templates, third-party services, or changes not made by us.
- Except as these Terms expressly state, and to the fullest extent Applicable Law allows, the Service, this website, Suggestions and Generated Documents are provided “as is” and “as available”. We disclaim all other warranties, conditions and representations, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free or free of harmful components, that Suggestions will be accurate, or that the Service will meet your legal or regulatory requirements.
18Indemnities
- We will defend you against any claim brought by a third party alleging that your use of the Service in line with the Agreement infringes that third party’s intellectual property rights, and will pay any damages finally awarded or agreed in settlement.
- If the Service becomes, or in our opinion is likely to become, the subject of such a claim, we may at our option and expense:
- obtain the right for you to keep using it;
- modify it so that it no longer infringes, without materially reducing its functionality; or
- if neither is commercially reasonable, terminate the affected Order Form and refund prepaid Fees for the rest of the Subscription Term.
- Our obligations above do not apply to claims arising from Customer Data, Templates, third-party services, combination with anything we did not provide, or use of the Service in breach of the Agreement.
- You will defend us, our affiliates and our personnel against any claim brought by a third party, including an Applicant or a regulator, arising from:
- Customer Data or Templates;
- your collection or use of Personal Data without a lawful basis or in breach of Data Protection Law;
- your breach of the Acceptable use section; or
- any decision you make based on Suggestions, Customer Data or Generated Documents,
- The party seeking protection must:
- notify the other party promptly in writing of the claim;
- give the other party sole control of the defence and settlement, except that no settlement may impose any obligation or admission on the protected party without its consent, which must not be unreasonably withheld; and
- provide reasonable cooperation, at the other party’s expense.
- This section sets out each party’s sole liability, and exclusive remedy, for the third-party claims it describes.
19Limitation of liability
- Nothing in the Agreement limits or excludes any liability that cannot be limited or excluded under Applicable Law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
- Subject to the first clause of this section, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:
- loss of profits, revenue, business, contracts or anticipated savings;
- loss of goodwill or reputation;
- loss or corruption of data, except where caused by our breach of our security obligations, in which case our liability is limited to the reasonable cost of restoring the data from the most recent backup; or
- indirect, special, incidental, consequential or punitive loss or damage, even if advised of its possibility.
- Subject to the first clause of this section and the exceptions below, each party’s total aggregate liability arising out of or in connection with the Agreement in any 12-month period is limited to the total Fees paid and payable by you under the Agreement in the 12 months before the event giving rise to the claim.
- The limit above does not apply to:
- your obligation to pay Fees;
- either party’s obligations in the Indemnities section; or
- your breach of the Acceptable use section.
- Visitors use this website free of charge and at their own risk. To the fullest extent the law allows, we have no liability to Visitors for any loss arising from that use.
- Each party must take reasonable steps to mitigate any loss for which the other party may be liable.
20Events beyond our control
- Neither party is liable for any delay or failure to perform its obligations, other than payment obligations, caused by events beyond its reasonable control. These include natural disasters, epidemics, war, terrorism, civil unrest, government action, labour disputes not involving its own workforce, failure of public utilities or telecommunications networks, and large-scale cyber attacks not caused by its failure to maintain reasonable security.
- The affected party must notify the other party promptly and use reasonable efforts to limit the effect. If the event continues for more than 60 days, either party may terminate the affected Order Form by written notice, and we will refund prepaid Fees for the period after termination.
21Changes to the Service and these Terms
- We may update and improve the Service from time to time. We will not make changes that materially reduce the core functionality or security of the Service during a paid Subscription Term, unless Applicable Law requires it or it is needed to address a security risk.
- We may update these Terms. We will give the owner of your installation at least 30 days’ written notice of any change that materially and adversely affects you. Changes required by law, or relating to security or new features, may take effect sooner.
- If you object to a material adverse change, you may terminate the affected Order Form by written notice before the change takes effect, and we will refund prepaid Fees for the rest of the Subscription Term. If you continue to use the Service after a change takes effect, you accept the updated Terms.
- The version number and effective date at the top of this page identify the current Terms. Earlier versions are available on request.
22Assignment and subcontracting
- Neither party may assign or transfer the Agreement without the other party’s prior written consent, which must not be unreasonably withheld. However, either party may assign the Agreement in full, with notice, to an affiliate or to a successor in a merger, acquisition or sale of all or substantially all of its relevant business or assets, provided the successor is not a direct competitor of the other party.
- We may use subcontractors and subprocessors to perform the Agreement. We remain responsible for their performance.
23Notices
- We may give you notices about the Service, including changes to these Terms, by email to the owner of your installation or the billing contact in your Order Form, or within the Service.
- Legal notices to us, including notices of breach, termination or a claim, must be sent by email to info@cretasystem.com with “Legal notice” in the subject line.
- A notice is treated as received: if sent by email, when sent, unless the sender receives a delivery failure message; if delivered by hand or courier, on delivery; and if shown in the Service, when first displayed. A notice received outside business hours is treated as received at the start of the next business day.
24Compliance with laws
- Each party will comply with all Applicable Law on anti-bribery and anti-corruption, and will not offer, give or accept any bribe or improper payment in connection with the Agreement.
- You must not use, export or re-export the Service in breach of any applicable export control or sanctions law, or make it available to any person or country subject to sanctions.
25Disputes
- Before starting legal proceedings about any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with the Agreement or this website, a party must notify the other in writing of the dispute. Senior representatives of both parties must then meet, in person or online, within 15 business days to try in good faith to resolve it.
- If the dispute is not resolved within 30 days of that notice, either party may refer it to a court of competent jurisdiction.
- Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
- If you are a Visitor or an Applicant, nothing in this section removes any protection you have under the mandatory laws of the country where you live.
26General
- Entire agreement. The Agreement is the entire agreement between the parties about its subject matter and replaces all earlier agreements, proposals and representations. Each party confirms that it has not relied on any statement that is not set out in the Agreement. Terms in any purchase order or similar document you issue do not apply, even if we accept or sign it.
- Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of the Agreement will remain in full force.
- No waiver. A failure or delay in exercising a right does not waive that right. A waiver is effective only if it is in writing.
- Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship.
- Third-party rights. Except as these Terms expressly state, no one other than the parties has any right to enforce any term of the Agreement.
- Electronic acceptance. The Agreement may be accepted and signed electronically. An electronic record of acceptance has the same effect as a signed original.
- Language. These Terms are written in English. If they are translated into another language, including Urdu, the English version prevails if there is any conflict.
- Interpretation. Neither party is treated as the drafter of the Agreement when it is interpreted.
27Contact us
If you have a question about this document, contact us:
Creta SystemEmail: info@cretasystem.com
Phone: +92 336 8957401