Switched On App Ltd Trading as DocuRail, headquartered at 78, The Foundry The Beacon, Eastbourne, East Sussex, England, BN21 3NW with Company number 09488637 Switched On App Ltd Trading as DocuRail, Us or We provides Switched On App Ltd Trading as DocuRail products, services and websites collectively the Switched On App Ltd Trading as DocuRail Service, as well as app technology and other installable software Switched On App Ltd Trading as DocuRail Software, to you, our customer, and to all other persons authorised by you to use, install or access the Switched On App Ltd Trading as DocuRail Service and Switched On App Ltd Trading as DocuRail Software on your behalf collectively you, subject to your compliance with all terms, conditions and notices contained or referenced in this document the Terms.
IMPORTANT NOTE: These Terms do not apply if you have formally executed a Switched On App Ltd Trading as DocuRail Enterprise Agreement or a Switched On App Ltd Trading as DocuRail Vendor Agreement with us.
Please read these Terms carefully. By using the Switched On App Ltd Trading as DocuRail Service and Switched On App Ltd Trading as DocuRail Software, you state that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Switched On App Ltd Trading as DocuRail Service or install Switched On App Ltd Trading as DocuRail Software. If you require an Enterprise or Vendor level agreement, contact us to request this option.
Switched On App Ltd Trading as DocuRail solely owns, or licenses from third parties as the case may be, all intellectual property and other rights, howsoever arising in and to the Switched On App Ltd Trading as DocuRail Service and Switched On App Ltd Trading as DocuRail Software, and reserves all rights therein not expressly and explicitly granted under these Terms. If new features, improvements or derivative works of the Switched On App Ltd Trading as DocuRail Service or Switched On App Ltd Trading as DocuRail Software are prepared by or on behalf of Switched On App Ltd Trading as DocuRail based on suggestions or requests by you, Switched On App Ltd Trading as DocuRail will solely own such modifications.
Switched On App Ltd Trading as DocuRail does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available your App Data for inclusion on or through the Switched On App Ltd Trading as DocuRail Service or Switched On App Ltd Trading as DocuRail Software. As between Switched On App Ltd Trading as DocuRail and you, you own all rights to your App Data. Switched On App Ltd Trading as DocuRail does not review apps that you create and you agree that you are solely responsible for all of your App Data.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion except for your App Data, to which Switched On App Ltd Trading as DocuRail agrees you retain all rights, use of, or access to the Switched On App Ltd Trading as DocuRail Service or Switched On App Ltd Trading as DocuRail Software. If you wish to pursue resale of the Switched On App Ltd Trading as DocuRail Service or Switched On App Ltd Trading as DocuRail Software, contact our support team to discuss our vendor options.
Each user that is registered on the Switched On App Ltd Trading as DocuRail Service or Switched On App Ltd Trading as DocuRail Software is subject to a recurring user licence fee. User licence fees are charged at the rates shown in the Billing area of the Switched On App Ltd Trading as DocuRail website.
Any additional subscriptions and or services that you select are provided at the rates and terms set forth in the Billing area of the Switched On App Ltd Trading as DocuRail website.
All Switched On App Ltd Trading as DocuRail licences, subscriptions and services renew on the first day of each billing period monthly or annually, as applicable until cancelled by you. You may cancel individual services, licences and subscriptions through the Billing area or by emailing our support team. Pre paid fees are non refundable and any outstanding invoices issued before receipt of your notice of cancellation must still be paid in full. You will remove applicable Switched On App Ltd Trading as DocuRail Software if previously received under the terminated service, subscription or licences to ensure compliance with these Terms.
Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms Taxes. Switched On App Ltd Trading as DocuRail will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction after you commence your account.
Switched On App Ltd Trading as DocuRail may periodically review fees, at which point Switched On App Ltd Trading as DocuRail may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12 month period. Where there is any net increase in the fees payable, Switched On App Ltd Trading as DocuRail shall give at least 30 days written notice to you of such increase.
The default option for paying your fees is by credit card. When paying by credit card, you warrant that the credit card information you provide is correct and you shall promptly update your credit card information if this changes. If you cannot pay by credit card, contact our support team to request dispensation to pay by electronic funds transfer EFT or international money transfer IMT. You agree that if your payment is not received by the invoice due date, for any reason, Switched On App Ltd Trading as DocuRail may suspend or cancel your subscription.
If you choose to downgrade, upgrade or otherwise change your users, services or subscriptions, this may cause the loss of features or capacity on your account. To the extent permitted by applicable law, Switched On App Ltd Trading as DocuRail does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
If you collect personal data in or from any person resident or normally resident in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a data controller. You agree to ensure that your use of the Service and Software is compliant with prevailing EU data protection regulations. Should you qualify as a data controller, you also acknowledge and agree to the Switched On App Ltd Trading as DocuRail Data Processing Addendum, available at https://www.docurail.com/dpa/ and as updated from time to time.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
By using the Service or Software you indicate acceptance of these terms and agree to our Privacy Policy. You agree that Switched On App Ltd Trading as DocuRail shall process data on your behalf as necessary to provide you with the Service and Software, in accordance with our Privacy Policy, applicable data protection and privacy laws and, where applicable, the Data Processing Addendum.
Switched On App Ltd Trading as DocuRail respects the intellectual property rights of others. We may disable access to any customer that violates copyright law, suspend access to any user who uses the Service or Software in violation of copyright law, and or terminate in appropriate circumstances the account of any user or customer who does so.
The phrase Switched On App Ltd Trading as DocuRail and the DocuRail logo are registered trademarks of Switched On App Ltd Trading as DocuRail. You are not authorised to use any such trademarks unless you have explicit written permission from us. Ownership of all such trademarks and the goodwill associated therewith remains with Switched On App Ltd Trading as DocuRail.
You agree that Switched On App Ltd Trading as DocuRail may terminate your Service membership or suspend your access to all or part of the Service or Software, without notice, if Switched On App Ltd Trading as DocuRail determines, in its sole discretion, that you have violated these Terms. Further, you agree that Switched On App Ltd Trading as DocuRail shall not be liable to you or any third party for removing your apps or suspending or terminating your access. You may discontinue your participation in and access to the Service at any time, in which case any pre paid payments are non refundable and any pending payments must be settled.
Switched On App Ltd Trading as DocuRail may change these Terms from time to time. Notice of such changes will be posted on the DocuRail website. If you object to any such changes, your sole recourse is to cease using the Service and Software. Continued use of the Service or Software following notice of any such changes indicates your acknowledgement of such changes and agreement to be bound by the changed terms.
Switched On App Ltd Trading as DocuRail reserves the right to modify or discontinue the Service or Software with or without notice to you. Switched On App Ltd Trading as DocuRail is not liable to you or any third party should it exercise this right.
By giving your email address to Switched On App Ltd Trading as DocuRail, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from DocuRail. You can opt out from these emails by clicking on the unsubscribe link at the end of the emails.
DocuRail’s provision of a link to DocuRail resources and or any other website or internet resource is for your convenience only and does not signify DocuRail endorsement of such other website or resource or its contents. DocuRail has no responsibility or liability for any information, software, or materials found at any other website or internet resource.
DocuRail goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the Service, but delivery is not guaranteed. You agree that DocuRail cannot be held responsible for any consequences of such delivery failure.
Access to the Service is reliant upon various factors outside of DocuRail’s control, including your internet service provider, global telecommunications links, hosting and other service providers, and other factors which may impact upon availability. We will use reasonable endeavours to ensure that you have continuous access to the Service and apps created thereon, but we are not liable for any loss or damage caused by unavailability of the Service.
Subject to your purchase of applicable subscriptions, DocuRail provides branding services including creation of branded versions of the Service and Software Branded Apps, review and submission of Branded Apps to relevant publishing authorities as required, and maintenance and updates of Branded Apps. DocuRail is not responsible or otherwise liable for delays or refusals by relevant publishing authorities or delays due to failure by you to punctually supply required responses, content or information. In using DocuRail branding services, you verify that your nominated brand names, logos and all other such content do not infringe on any local, national or international trademarks or other applicable copyrights. You will ensure that all users of Branded Apps comply with these Terms. DocuRail reserves the right to refuse provision of branding services at its sole discretion, in which instance the applicable subscription fees will be refunded to you in full.
You understand and expressly agree that use of the Service and Software is at your sole risk. The Service and Software is provided on an as is and as available basis. DocuRail expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, and non infringement. DocuRail makes no warranty that the Service or Software will meet your requirements, or that the Service or Software will be uninterrupted, timely, secure, or error free. Any material and or information downloaded or otherwise obtained through the use of DocuRail is done at your discretion and risk and you are solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from DocuRail or through the Service or Software creates any warranty not expressly made here.
To the extent permitted under applicable law, in no event will DocuRail or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability whether in contract, tort, statutory, or otherwise for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of revenues, profits, goodwill, use, data, or other intangible losses even if such parties were advised of, knew of, or should have known of the possibility of such damages, resulting from your or anyone using your account use of the Service or Software.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some limitations and disclaimers in these Terms may not apply to you. To the extent that DocuRail may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of DocuRail liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you for provision of the Service and Software.
You agree to indemnify, defend, and hold harmless DocuRail, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees including reasonable attorneys fees that such parties may incur as a result of or arising from any information including your Submissions or any other content you or anyone using your account submits, posts, or transmits through the Service or Software, your or anyone using your account use of the Service or Software, your or anyone using your account violation of these Terms, and your or anyone using your account violation of any rights of any other person or entity.
These Terms constitute the entire, exclusive, and final agreement between you and DocuRail with respect to the subject matter hereof, and supersede any prior agreements or negotiations regarding the same subject matter.
These Terms and the relationship between you and DocuRail shall be governed by and construed in accordance with the laws of England and Wales, notwithstanding your actual place of residence. All claims or disputes arising out of or in connection with these Terms, the DocuRail Service, or the DocuRail Software shall be subject to the exclusive jurisdiction of the courts of England and Wales, and you irrevocably submit to the personal jurisdiction of such courts.
The failure of DocuRail to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid by a court of competent jurisdiction, the court shall endeavour to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the DocuRail Service or DocuRail Software, or these Terms, must be filed within one year after such claim or cause of action arose, or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect. All provisions, including limitations on liability, shall remain in full force and effect notwithstanding any termination of your use of the DocuRail Service or DocuRail Software.
Join us in revolutionising railway documentation.
Go fully digital with DocuRail and eliminate paperwork delays.
Ensure compliance, improve efficiency and keep your workforce informed—anytime, anywhere.
Welcome to the future of railway documentation."
