Terms of Service

Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and your Firm ("you") and Dibcase Software, LLC ("Dibcase"). They govern your access to and use of Dibcase's websites, the Dibcase and Dibcase ProApp applications, and related services (the "Services"). By registering for, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

The Services

Dibcase provides cloud-based case management software and related modules for legal and disability practices. We may update, add, or remove features over time. We may modify or discontinue a feature; if a change would materially reduce core functionality, we will provide thirty (30) days' notice, and your continued use after the change constitutes acceptance. We may suspend the Services for maintenance or upgrades and will endeavor to give reasonable notice.

Dibcase is not a law firm and does not provide legal advice. You are responsible for your professional and legal obligations to your clients.

License & acceptable use

Subject to these Terms, Dibcase grants you a non-exclusive, non-transferable, limited license to access and use the Services. You agree not to: reproduce, copy, sell, resell, or exploit the Services or their code, design, or features; modify, reverse engineer, or tamper with the Services; imply a false affiliation with Dibcase; use the Services for unlawful, infringing, defamatory, or offensive purposes; transmit spam, malware, or malicious code; or access the Services by automated means (bots, scrapers) except through a permitted API. All rights not expressly granted are reserved by Dibcase.

Accounts & designated users

You must provide accurate information and are responsible for activity under your account. Usernames and credentials are personal and may not be shared without Dibcase's prior written consent. You may designate additional authorized users ("Designated Users"), and you remain responsible for their use of the Services and for keeping credentials secure. Notify us promptly if you suspect any credential has been compromised.

Your content & data

As between you and Dibcase, your Firm owns the content and case and client data it enters into the Services ("Content"). You grant Dibcase a non-exclusive, royalty-free right to host, store, process, and transmit Content as needed to provide and support the Services, and to generate aggregated, de-identified reports. We handle personal data as described in our Privacy Policy and, where applicable, a Data Processing Addendum.

Confidentiality

Each party agrees to protect the other's Confidential Information and to use it only as needed to perform under these Terms. "Confidential Information" includes Content and non-public business, technical, financial, and client information disclosed by either party. This does not limit disclosures required by law, provided the disclosing party gives prompt notice where permitted.

Security

Dibcase provides authentication and access controls and uses industry-standard practices to protect the transmission and storage of Content and network security. On reasonable request, we can provide a description of our security measures. If we become aware of an event involving unauthorized access to or disclosure of Content, we will notify you and cooperate to investigate and mitigate it.

Fees, billing & subscriptions

Paid subscriptions are priced by your Firm's number of active clients, per the pricing in effect for your tier. You will provide a valid payment method. Fees are billed in advance for each subscription period (for example, monthly), beginning at the end of any trial. Fees are exclusive of taxes, which are your responsibility. Prices may change on notice. Amounts billed may be updated automatically to reflect changes in your subscription, which may change your access to certain features.

Cancellation & termination

You may cancel your subscription in the manner we provide or by contacting us; you will not be charged for cancelling before a trial ends. Dibcase may terminate your use of the Services with thirty (30) days' notice, and may suspend or discontinue access without notice for a material violation of these Terms or a security threat or emergency. On cancellation or termination, you have ninety (90) days to retrieve your Content.

Third-party services, integrations & API

The Services may integrate with third-party products and services, which are governed by their own terms. Dibcase is not liable for your use of third-party products or integrations and may modify or cancel integrations without notice. You may access the Services through a permitted API subject to these Terms; Dibcase may limit or suspend excessive API use and may modify or terminate API access.

Backups

Dibcase maintains backup processes designed to help recover Content and will restore lost primary data at no additional cost where reasonably possible. You are responsible for Content stored on your own devices and for any equipment you use to access the Services.

Disclaimer of warranties

Except as expressly stated, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Dibcase does not warrant that the Services will be uninterrupted, secure, error-free, or compatible with your equipment, or that they will produce particular results.

Limitation of liability

To the fullest extent permitted by law, Dibcase will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data or profits, arising out of or relating to the Services. Dibcase's total liability arising out of or relating to these Terms will not exceed the amount you paid to Dibcase in the six (6) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Dibcase from claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms or your negligent acts or omissions. Dibcase will defend and indemnify you against third-party claims that the Services, as provided by Dibcase, infringe intellectual-property rights, provided you give prompt notice and reasonable cooperation and have not modified or misused the Services.

Governing law & disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Okaloosa County, Florida, and waive any objection to that venue.

Changes to these terms

We may update these Terms from time to time. If a change is material, we will provide notice before it takes effect. Your continued use of the Services after a change becomes effective constitutes acceptance of the updated Terms.

Miscellaneous

These Terms are the entire agreement between you and Dibcase regarding the Services and supersede prior agreements. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the remaining provisions stay in effect. Neither party may assign these Terms without the other's written consent, except that either party may assign them in connection with a merger, acquisition, or sale of substantially all assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Contact

Questions about these Terms? Contact us at [email protected] or by mail at Dibcase Software, LLC, 137 N John Sims Pkwy #151D, Valparaiso, FL 32580.