Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Dokk ("we," "us," "our," or "Company") regarding your use of the dokk platform, including dokk.app and oncall.dokk.app (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

You must meet the following requirements to use our Service:

• You must be at least 18 years old
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using the Service under applicable laws
• If representing an organization, you must have authority to bind that organization

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• Accurate and complete registration information
• A valid email address
• A secure password
• Any other information we may reasonably require

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

3.3 Account Types

We offer different account types with varying permissions:

• Administrator: Full access to organization settings and user management
• Scheduler: Ability to create and modify schedules
• Viewer: Read-only access to schedules

4. Subscription and Payment

4.1 Subscription Plans

We offer multiple subscription tiers:

• Basic: $299/month
• Professional: $599/month
• Enterprise: Custom pricing

4.2 Free Trial

We offer a 14-day free trial for new users. No credit card is required to start the trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

4.3 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law or stated in these Terms
• You authorize us to charge your payment method for all fees
• We use third-party payment processors (Stripe) who may have additional terms

4.4 Price Changes

We reserve the right to change our pricing with 30 days' advance notice. Price changes will not affect your current billing cycle. If you do not agree to a price change, you may cancel your subscription.

4.5 Taxes

All fees are exclusive of applicable taxes, duties, and similar charges. You are responsible for all taxes associated with your use of the Service.

5. Acceptable Use

5.1 Permitted Use

You may use the Service to:

• Create and manage on-call schedules for your organization
• Track doctor availability and preferences
• Generate reports and analytics
• Collaborate with team members within your organization

5.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices
• Share your account credentials with unauthorized users
• Use the Service to spam, harass, or harm others
• Upload malware, viruses, or malicious code
• Attempt to circumvent usage limits or restrictions
• Resell or redistribute the Service without authorization

6. Data and Content

6.1 Your Data

You retain all rights to the data you upload to the Service ("Your Data"). By using the Service, you grant us a limited license to use, store, and process Your Data solely to provide the Service to you.

6.2 Data Accuracy

You are responsible for the accuracy and completeness of Your Data. We are not responsible for errors in schedules or outcomes resulting from inaccurate data.

6.3 Data Backup

While we regularly backup data, you are responsible for maintaining your own backups. We recommend regularly exporting your data using our CSV export feature.

6.4 Prohibited Content

You may not upload content that:

• Infringes intellectual property rights
• Contains personal information of individuals without consent
• Is unlawful, harmful, or offensive
• Contains malware or malicious code

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, designs, trademarks, and content, is owned by us or our licensors. You may not use our intellectual property without written permission.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide license to use and incorporate such feedback without compensation or attribution.

8. Privacy and Security

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement reasonable security measures, but cannot guarantee absolute security. See our Security page for details.

9. Service Availability and Modifications

9.1 Service Availability

We strive for 99.9% uptime, but we do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice when possible.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We will provide reasonable notice for material changes that negatively affect your use of the Service.

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Your access will continue until the end of your current billing period. No refunds will be provided for partial months.

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails or your account is past due
• We are required to do so by law
• You engage in fraudulent or illegal activity
• We discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• Your Data may be deleted after 90 days (export beforehand)
• You remain responsible for all fees incurred prior to termination
• Sections of these Terms that should survive will remain in effect

11. Disclaimers

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• The results obtained from the Service will be accurate or reliable
• Schedules generated will meet your specific requirements
• Defects will be corrected

Medical Responsibility: The Service is a scheduling tool only. You are solely responsible for ensuring adequate staffing and coverage for patient care. We are not liable for medical outcomes related to scheduling decisions.

12. Limitation of Liability

This limitation applies to:

• Service errors, bugs, or downtime
• Data loss or corruption
• Unauthorized access to your account
• Third-party actions or services
• Any other claims related to the Service

13. Indemnification

You agree to indemnify, defend, and hold harmless Dokk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Service
• Your Data or content
• Your violation of any rights of another party

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may bring claims in small claims court if they qualify.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dokk regarding the Service.

15.2 Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, etc.).

15.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

16. Contact Information