Terms of Service

Last revised January 7, 2021

1. You, your customers and these terms

The agreement set out in these terms of service (the “Agreement”) is entered into by and between PaperCut Software International Pty Ltd (“PaperCut, we, us, our”) and you, the entity agreeing to these terms (“Provider”, “you”, “your”). We refer to you as a “Provider” because PaperCut Multiverse is designed for use by companies who Provide the PaperCut-related products and services to their Customers. If you are an End User working on behalf of a Provider who has already accepted these terms then then you will enter into this agreement on your own behalf in accordance with clause 4 below.

In these terms, a reference to “Customers” means your own Customers whose PaperCut-related products and services you may manage using the PaperCut Multiverse Service. “PaperCut Multiverse” or “the PaperCut Multiverse Service” or even just “the Service” means our cloud-based console that you can use to manage each Customer’s PaperCut Multiverse-compatible PaperCut print management software.

Importantly, you will only be able to manage a Customer once they have agreed to installation of the Connector that allows PaperCut Multiverse to access their Portfolio Solution. This is a separate agreement between us and the Customer.

Our Agreement with you commences as of the date you accept these terms. If you are an individual accepting the terms on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind the applicable Provider to these terms, and that you agree on the Provider’s behalf to be bound by the terms.

2. Eligibility

To use the PaperCut Multiverse Service, you must:

  1. be authorized to enter into these terms on behalf of your organization;
  2. create an account with us to use the PaperCut Multiverse Service;
  3. provide complete and accurate information when creating your account;
  4. keep all login details for your account secret and secure; and
  5. promptly update your account details if your account information changes.

3. Customer Authorization

You warrant and represent that:

  1. you have each Customer’s permission to view and manage that Customer’s print activities and status using PaperCut Multiverse; and
  2. if you purport to accept the limited license agreement for the PaperCut Multiverse Connector software on behalf of any Customer, you have that Customer’s informed and written authority to do so.

4. End Users

As a Provider, your staff or other representatives that use the PaperCut Multiverse Service on your behalf (your “End Users”) are bound by the same obligations that apply to you under this Agreement. You warrant and represent that you will not allow your End Users to access the PaperCut Multiverse Service until they accept these terms. See “Indemnity” below for more details.

If you are using the PaperCut Multiverse Service as an End User of a Provider, you represent and warrant that you are duly authorized to do so and you agree to be bound by the obligations and eligibility requirements in these terms.

5. Your obligations

You must:

  1. only allow access to people who are appropriately authorized and permitted to monitor your Customers’ print data;
  2. not use the Service to allow PaperCut (including any PaperCut staff or contractors) to access any Customer’s confidential or personal information unless you have recorded the Customer’s permission to allow that access.
  3. ensure that your PaperCut Multiverse End Users abide by these terms, and take immediate action if you or any of your staff or representatives become aware of a breach of these terms;
  4. meet any minimum security standards we have set for use of the Service, to the extent such specifications have been published by us. This includes (but is not limited to) the latest version of document titled PaperCut Multiverse - Security & data privacy deep dive, which can be found in the Info Center in your PaperCut Multiverse dashboard;
  5. use the Service in compliance with all applicable laws and regulations, including those relating to privacy, intellectual property, anti-spam, export control and taxation;
  6. not modify, reverse engineer, decompile or disassemble any aspect of the Service;
  7. not use (or allow the installation and use of) the Service on systems that do not meet the minimum specifications we have set for use of the Service, to the extent such specifications have been published by us.

6. Changing these terms

We may change these terms from time to time to reflect changes to the PaperCut Multiverse Service, and will provide you with reasonable notice of any important changes. For change that we reasonably consider to be major, or which could be materially detrimental to you, we’ll try to contact you directly (via the Service or via whatever contact information you’ve provided to us) to bring the change to your attention.

By continuing to use the Service after receiving reasonable notice of the change, you are taken to have accepted the changes. If you do not accept the changes, this Agreement will be immediately terminated. In that case, you must stop using the Service and must immediately stop your End Users from further accessing the Service.

7. Third party software

Depending on the operating system being used by you and your End Users, it may be necessary to use a separate piece of software to help the Service work properly.

Different license terms might apply to that separate software, such as someone else’s license or an open source license.

You will be given the opportunity to review that license before you download the software. If the software is open source, the applicable license terms will be available within the source code or download bundle containing the open source software.

8. Privacy and use of data

The Service, the data it generates and the way it works remains our confidential information, except to the extent the information is made public by us. The parties to this agreement (whether PaperCut, the Provider or an individual PaperCut Multiverse End User) agree that any confidential information disclosed from one party to the other remains at all times confidential.

Each party’s confidentiality obligations under this clause survive for 2 years following termination or expiry of this Agreement unless expressly agreed otherwise in writing.

We will treat any personal information in accordance with our Privacy Policy. You may view our privacy policy on our website at https://www.papercut.com/kb/Main/PrivacyPolicy. The subjects of that information can, at any time, exercise their legal rights in that personal information (including the right to access, correct or have us delete that information) by writing to privacy@papercut.com.

Data about you and your End Users

When you and your PaperCut Multiverse End Users sign up to use the Service for your Customers, data will be passed from you and your Customers to us and/or our cloud service provider, Google Cloud Services. This may include:

  • email addresses or other personal details collected on signup;
  • your organization name;
  • your location and time zone;
  • IP addresses of your users;
  • configuration information provided by the user, including notifications, thresholds, team member roles;
  • preferences regarding communications from PaperCut; and
  • statistics regarding the usage of the platform.

You agree that we may collect and store data about your organization and your users. If you sell PaperCut products in association with an ASC or distributor other than PaperCut, you also agree that we may share this information with that ASC or distributor for the sole purpose of administering and measuring the success of the PaperCut Multiverse program. For example, if you lose access to PaperCut Multiverse due to an administrator leaving your organization, it may be necessary for us to communicate with your ASC (if you have one) to confirm the details of your new administrator and facilitate their access to PaperCut Multiverse.

Data about your Customers

You agree, and warrant that you will procure that your Customers agree that we may collect and store data about your Customers managed within the PaperCut Multiverse, for the purposes of allowing you to assist the Customer with remote monitoring of PaperCut MF/NG. This information includes:

  • the name of the Customer’s organization;
  • the public IP address of the server where the Connector is installed;
  • PaperCut product health information;
  • information about the architecture and health of the Customer’s printing infrastructure;
  • details about devices under management by PaperCut MF/NG, such as model, counter information and supply levels;
  • the IP addresses and/or serial numbers of devices if access is granted by your customer;
  • information about the Customer’s PaperCut license, including licensed organization name, Customer Reference Number, M&S expiry date, and license configuration;
  • information about PaperCut product usage, such as features enabled, version, and print volumes; and
  • additional data supplied by you to profile your Customers, such as customer industry, location, or free-form notes.

You agree, and warrant that you will procure that your Customers agree that data may be stored by third party data hosting services such as Google Cloud Services, which may be located in different geographic regions around the world.

If this data includes personal information then we will use it in accordance with our privacy policy, which may include using it for the purposes of:

  • providing, evaluating and improving the Service;
  • anonymously aggregating your data with data provided by other users of the Service, and sharing the results of our analysis of that aggregated data with you, other users and the public for the purpose of best practice, benchmarking, forecasting and education; and
  • providing an email notification service to you and/or your End Users for the strict purposes of providing the Service and keeping you updated on product developments.

If you choose to opt in for marketing communications, we may send these via email or via the Service from time to time.

You warrant that:

  • you will not (and you will procure that your End Users do not) use the Service in a way that results in the transmission of personal information to us if our receiving or using the data in accordance with these terms and our privacy policy would breach any law or regulation;
  • in particular, you will not (and you will procure that your End Users do not) input personal information into the PaperCut Multiverse system unless you have the documented consent of the data subject and have entered into any necessary data processing agreement with PaperCut; and
  • any individual about whom we will obtain personal information (including each End User or Customer representative or user) as a result of your or your End Users’ use of the Services has agreed to the handling and processing of his or her personal information to the extent outlined in these terms or our Privacy Policy.

9. Intellectual Property

We retain ownership of all of our intellectual property rights in the Service and all associated documentation, including the “PaperCut” and “PaperCut Multiverse” trade marks, all PaperCut and PaperCut product logos, and all of our other trade marks. No rights in the nature of ownership in the Service or any other intellectual property of ours or of any third party are transferred to you under these terms.

10. Limitation of liability

The Service is provided on an “as is” basis. We do not warrant that it is error-free or will perform in accordance with any particular standard or specification. To the maximum extent permitted by law:

  1. our total cumulative liability to you for any claim arising under this Agreement or in relation to the Service (whether in contract, tort or otherwise) shall be limited to the amount of all fees paid by you to us in relation to the Service in the 12 month period prior to the relevant claim; and
  2. we will not be liable to you for any lost profits, lost revenue, lost data, business interruption, or indirect, consequential, special or unforeseeable losses of any nature.

11. Indemnification

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to the use of the Services (including the Software) by:

  1. you, including your employees, subcontractors and representatives;
  2. any End User authorized to use the Services by you; or
  3. any other person who uses the Services by accessing your account, or the account of one of your End Users.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

12. Termination

You or we may terminate our agreement with you, including your license to use the Service, at any time and for any reason.

Upon termination for any reason, you and your End Users will no longer be allowed to access the Service. You must immediately cease use of the Service and ensure that your End Users do the same.

The sections of this Agreement titled Intellectual Property, Privacy and use of data, Limitation of liability, Indemnity, General and Definitions survive termination or expiration of this Agreement.

13. General

Relationship: Under this Agreement, we are an independent contractor to you. Nothing in this Agreement creates a relationship of employer and employee, principal and agent or partnership.

Use of contractors: To deliver the Services we may use our staff, the staff of our affiliated companies, or contractors. Any actions of a subcontractor will be considered to be our actions for the purposes of this Agreement.

Assignment and transfer: You must not assign, sublicense or transfer any rights or obligations under these terms, in whole or part, without our prior written consent.

Severability: If any of these terms is held to be invalid, illegal or unenforceable, such term will be severed and the remaining terms will continue in force.

Governing law and jurisdiction: If you are resident, domiciled or incorporated in the USA, these terms will be governed by the laws of the State of Oregon, USA, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts in the State of Oregon. You hereby agree that any claims will be brought exclusively in the federal or state courts located in Oregon and the parties hereby irrevocably consent to the personal jurisdiction and venue of the courts located in Oregon for the purpose of litigating any and all such claims. In all other cases, these terms will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law principles, and the parties submit to the exclusive jurisdiction of the courts in the State of Victoria, Australia.

14. Definitions

Agreement means the agreement entered into between you and PaperCut based on these terms of service.

Customer means the end customer whose use of the PaperCut products and services may be managed by you using the PaperCut Multiverse Service

End User means an individual working on behalf of a Provider who accesses the PaperCut Multiverse Service to assist that Provider’s Customers.

PaperCut, we, us or our means PaperCut Software International Pty Ltd, the owner of PaperCut Multiverse and the PaperCut software.

PaperCut Multiverse, the PaperCut Multiverse Service or just the Service means our cloud-based console that you can use to manage each Customer’s PaperCut Multiverse-compatible print management software.