Last updated: May 6, 2025
THE TERMS AND CONDITIONS CONTAINED HEREIN (this “Agreement”) APPLY TO ALL USE OF THE DOCACCESS HOSTED SERVICES PROVIDED BY STREAMLINE SOFTWARE, INC. (“STREAMLINE”) TO YOU AND THE ORGANIZATION YOU REPRESENT (TOGETHER, “CUSTOMER”). BY ACCESSING OR USING ANY OF STREAMLINE’S SERVICES OR SOFTWARE, CUSTOMER AGREES TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT WILL BE DEEMED EFFECTIVE ON THE DATE IT IS AGREED TO BY CUSTOMER AS PART OF THE ORDER PROCESS (AS DEFINED BELOW) (THE “EFFECTIVE DATE”). IF THE PARTIES HAVE EXECUTED A SEPARATE MASTER AGREEMENT EXPRESSLY COVERING THE SERVICE, THAT AGREEMENT CONTROLS TO THE EXTENT OF ANY CONFLICT.
1. THE SERVICE
1.1 Provision of the Service
Subject to the terms of this Agreement, Streamline grants Customer the non‑sublicensable, non‑transferable, non‑exclusive, limited right to remotely access and use the DocAccess software‑as‑a‑service platform and any associated materials (collectively, the “Service”) solely for Customer’s own business purposes. The “Order Process” means Streamline’s online order page, statement of work, or other ordering document executed by the parties. All use of the Service must comply with Streamline’s usage documentation (the “Documentation”).
1.2 Service Levels
Streamline will use commercially‑reasonable efforts to keep the Service substantially operational on a 24 × 7 basis, subject to downtime for scheduled maintenance (with advance notice where practicable), emergency maintenance, and circumstances beyond Streamline’s reasonable control.
1.3 General Restrictions
Customer shall not, and shall not allow any third
party to:
(a)
rent, lease, copy, provide access to, or sublicense the Service
to a third party (except
contractors acting on Customer’s behalf—Customer is
fully responsible for their
compliance);
(b) use the Service to help develop a
competitive product or service;
(c) use the Service for the benefit of any third party;
(d)
reverse‑engineer,
decompile, disassemble, or otherwise attempt to discover the
source code of the Service;
(e) modify or create derivative works of the Service or
Documentation; or
(f) remove or
obscure any proprietary notices in the Service or
Documentation.
1.4 Customer’s Third‑Party Services
The Service enables Customer to send Customer Data to and from third‑party products or services ("Third‑Party Services"). Customer’s use of a Third‑Party Service is governed solely by Customer’s separate agreement with the provider. Streamline has no responsibility or liability for Third‑Party Services, their code, or how their providers use Customer Data.
1.5 Feedback
Customer grants Streamline a perpetual, irrevocable, royalty‑free, sublicensable right to use, display, reproduce, distribute, and otherwise exploit any suggestion, recommendation, enhancement request, or other feedback (“Feedback”) Customer provides regarding the Service. Feedback is provided “as is.”
1.6 Transcripts and License
Generation. When Customer uploads or links a PDF, DocAccess generates machine‑readable HTML transcripts, accessibility metadata, complexity scores, and related derivative works (collectively, “Transcripts”). Ownership. Except for the underlying PDF and Customer Data, Streamline owns all right, title, and interest in and to the Transcripts and the Service. License. During the Subscription Term, Streamline grants Customer a worldwide, non‑exclusive license to display Transcripts only through Streamline‑provided viewers, embeds, or APIs (“Permitted Channels”). Copying or distributing Transcripts outside Permitted Channels is prohibited. Watermarks & Needles. Transcripts contain visible or invisible watermarks and digital “needles” uniquely identifying the source PDF and Customer; Customer shall not remove or alter them.
1.7 Accessibility Commitment
The Service is designed so that Transcripts and
the DocAccess viewer
aim to conform in all material respects to WCAG 2.1 Level AA at
delivery. If Customer or an
end
user reports an accessibility defect with reproducible
information, Streamline will, at no
charge, correct the defect or provide an effective accommodation
within a
commercially‑reasonable timeframe.
DocAccess is
currently in Beta and has
known limitations, shortcomings, and to the extent that the
service uses AI and/or humans
for transcriptions, has the potential for inaccuracy. Both
customer and end-user accept
that material errors may occur from time-to-time, however, uses
the service (1) in order to
get
accessible content faster than would be available through
traditional remediation means,
which generally take days to weeks to complete, and (2) that the
availability of this tool
allows organizations to publish more content and be more
transparent instead of culling
content from their websites entirely to avoid ADA
compliance.
1.8 Performance Parameters
Streamline targets a median processing time of three (3) minutes per document and may throttle processing to 5,000 PDF pages per minute per Customer. Highly complex pages may exceed target times; queue status is shown in real time. Streamline’s hosting infrastructure, including a global content delivery network (CDN) is rated to deliver the documents to millions of users per second, and has no practical limitation on traffic. Streamline targets a median processing time of thirty (30) seconds per question asked of a given document, and may throttle processing to bursts of 100 questions per minute and 2,000 total questions per day. Streamline may impose other limits as needed to protect the availability of the service and service costs it incurs from third parties.
1.9 Overlay Script
Customer may activate optional overlay features by installing a single asynchronous JavaScript snippet (“Overlay Script”). Streamline collects de‑identified usage metrics strictly to operate and improve the Service and will not sell or disclose them to third parties (other than subprocessors under written duty of confidentiality). Customer is responsible for installing, testing, and removing the Overlay Script; removal immediately disables the Service.
1.10 Document Exclusions
Customer may designate PDFs or URL paths as “Excluded Docs.” Excluded Docs do not consume page credits and are not covered by Streamline’s warranties or indemnities.
2. CUSTOMER DATA
2.1 Generally
“Customer Data” means all data provided by Customer or its systems or providers to Streamline (including PDFs). As between the parties, Customer retains all right, title, and interest in Customer Data. Subject to this Agreement, Customer grants Streamline a non‑exclusive, worldwide, royalty‑free right to use, copy, store, transmit, modify, create derivative works of, and display Customer Data as necessary to provide the Service. Streamline will not sell, distribute, or otherwise provide Customer Data to any third party (except subprocessors acting on Streamline’s behalf, for whom Streamline is fully liable). Customer represents and warrants that (i) it has all rights and authorization to provide the Customer Data, (ii) the provision of Customer Data and Streamline’s use of it hereunder is allowed by Customer’s privacy policy, and (iii) Customer’s provision, use, and maintenance of Customer Data complies with all laws, regulations, and third‑party rights. Customer is responsible for ensuring its end users agree to a privacy policy that allows such use.
2.2 Security
Streamline will implement and maintain a reasonable information‑security program with administrative, physical, and technical safeguards (including AES‑256 encryption at rest and TLS 1.3 in transit) designed to help protect the integrity of Customer Data.
2.3 Aggregate and De‑Identified Data
Streamline has an irrevocable, perpetual right to retain and internally use any Customer Data in aggregated and de‑identified form to improve its products and services, including training algorithms.
3. CUSTOMER CONTENT
3.1 Customer’s Own Content
Customer is responsible for all materials, information, photos, and content ("Content") uploaded, posted, or stored through its use of the Service. Customer grants Streamline a worldwide, royalty‑free, non‑exclusive license to host, display, and use any Content provided through the Service. Customer should archive Content frequently; Streamline is not responsible for lost or unrecoverable Content.
Customer agrees not to use, nor permit any third party to use, the Service to upload, post, distribute, link to, publish, reproduce, engage in, or transmit any of the following:
- Illegal, fraudulent,
defamatory, obscene,
pornographic, profane, threatening, abusive, hateful,
harassing, or otherwise
objectionable information or communications of any kind
(including conduct that would
encourage flaming or criminal liability);
- Content that impersonates
someone else or falsely
represents identity or qualifications, or that breaches
any individual’s
privacy;
- Investment opportunities,
solicitations, chain
letters, pyramid schemes, unsolicited commercial
communication, spamming, or
flooding;
- Virus, trojan horse, worm,
or other disruptive or
harmful software or data; and
- Any information, software,
or content not legally
Customer’s without legally sufficient permission
from the rights
holder.
3.2 Monitoring Customer Content
Streamline may, but has no obligation to, monitor Content on the Service. Streamline may disclose any information necessary to satisfy legal obligations, protect Streamline or its customers, or operate the Service properly. Streamline may refuse to post, remove, or refuse to remove any Content in whole or in part that it deems unacceptable, undesirable, inappropriate, or in violation of this Agreement.
3.3 Community Forums
The Service may include community forums or social features. Streamline does not endorse and is not responsible for content in community forums. Customer is responsible for its interactions and should not share confidential information there.
4. INTELLECTUAL PROPERTY
No intellectual‑property rights are transferred by either party under this Agreement.
5. FEES AND PAYMENT
5.1 Fees and Payment
All fees are set forth on Streamline’s website or the applicable Order and are payable when due. If Customer provides a credit card or bank account, Customer authorizes Streamline (or its processor) to charge it for all fees. If Customer exceeds prepaid usage, Streamline will invoice Customer for excess usage pro‑rata. Streamline may adjust fees on notice; Customer may terminate if it objects to an increase. If Customer disagrees with an invoice, it must notify Streamline within thirty (30) days or the invoice is final. Fees are exclusive of taxes; Customer is responsible for all taxes except those on Streamline’s income.
5.2 Renewal Subscription Term Fees
Fees for renewal Subscription Terms may increase by up to 4.8 % over the prior term unless Streamline provides different pricing at least thirty (30) days before renewal; renewal fees will not be lower than prior‑term fees.
5.3 Late Payments
Late payments may accrue interest at 1.5 % per month (or the maximum lawful rate). Customer will reimburse Streamline for collection costs, including attorneys’ fees. If Customer’s account is thirty (30) days overdue, Streamline may suspend the Service until amounts are paid.
6. TERM AND TERMINATION
6.1 Term
This Agreement begins on the Effective Date and continues for the subscription term selected in the Order (the “Subscription Term”). The Subscription Term automatically renews for successive equal terms unless Customer cancels via the Service or either party terminates as provided herein.
6.2 Termination
Streamline may terminate this Agreement or the Subscription Term at any time; if termination is not for Customer’s breach and occurs mid‑term, Streamline will refund prepaid fees for the remainder of the term. Either party may terminate for the other party’s uncured material breach after thirty (30) days’ written notice, or if the other party ceases operation or seeks bankruptcy protection.
6.3 Effect of Termination
Upon termination or expiration, Customer shall immediately stop using the Service and remove the Overlay Script. Within thirty (30) days after termination, Streamline will, on request, provide Customer with a copy of Customer Data. Except where expressly stated, fees are non‑refundable.
6.4 Survival
Sections 1.3, 1.4, 1.5, 1.6, 2.3, 5 (as to outstanding amounts), 6, 7.3, 8, 9, and 11 survive termination.
7. WARRANTIES; DISCLAIMER
7.1 Mutual Warranties
Each party represents it has full power to enter into and perform this Agreement and that its performance will not violate law or third‑party obligations.
7.2 Service Warranty
Streamline warrants to Customer that the Service will operate in material conformity with the Documentation. Streamline does not warrant uninterrupted or error‑free operation. Streamline’s sole liability and Customer’s exclusive remedy for breach is for Streamline to use commercially‑reasonable efforts to correct the non‑conformity or, if impracticable, permit Customer to terminate and obtain a refund of prepaid, unused fees. The warranty does not apply to misuse, unauthorized modifications, third‑party hardware or software, or beta/ evaluation use.
7.3 Disclaimer; Limitation on Liability
EXCEPT AS EXPRESSLY SET FORTH, THE SERVICE IS PROVIDED “AS IS,” AND STREAMLINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STREAMLINE IS NOT CUSTOMER’S LEGAL COUNSEL.
8. INDEMNIFICATION
8.1 Indemnification by Streamline
Streamline will indemnify Customer against third‑party claims (i) that Customer’s website is inaccessible under the ADA solely due to a failure of the Service, (ii) that the unmodified Service infringes U.S. intellectual‑property rights, or (iii) that Streamline violates law. Streamline’s obligation is conditioned on Customer completing outstanding accessibility tasks and is limited to the monetary caps listed at https://docaccess.com/pricing.
If Customer’s use of the Service is enjoined, Streamline may, in its discretion, (a) substitute substantially similar functionality, (b) procure continued use, or (c) terminate the Agreement and refund prepaid, unused fees. Streamline’s obligation does not apply to modifications not made by Streamline, combinations with unauthorized services, or claims caused by Customer Data.
8.2 Indemnification by Customer
Customer will indemnify Streamline against claims arising from (i) Customer Data or Content, (ii) Excluded Docs, (iii) Customer’s misuse of the Service, or (iv) Customer’s violation of law.
8.3 Procedure
Indemnification requires prompt notice, sole control of defense, and reasonable cooperation.
8.4 Indemnification Coverage
Indemnity caps apply in the aggregate (not per claim). In a class action, the cap applies to all claims collectively.
9. CONFIDENTIAL INFORMATION
Each party agrees that all business and technical information it obtains (“Confidential Information”) constitutes the confidential property of the disclosing party (“Disclosing Party”). All fees and pricing information are Streamline’s Confidential Information. Except as authorized here, the receiving party (“Receiving Party”) will hold in confidence and not use or disclose Confidential Information, except to employees and contractors under similar obligations and with a need to know. The Receiving Party’s obligations do not apply to information that was already known, becomes public without breach, is independently developed, or must be disclosed by law (with prompt notice and cooperation).
Unauthorized disclosure may cause irreparable harm; the Disclosing Party is entitled to seek injunctive relief without bond.
Public‑Records Carve‑Out. If Customer is a public agency subject to public‑records laws, it will promptly notify Streamline of any request seeking Streamline Confidential Information. Streamline will indemnify Customer for reasonable costs of resisting disclosure to the extent allowed by law.
10. LIMITATION OF LIABILITY
EXCEPT FOR (i) CUSTOMER’S PAYMENT OBLIGATIONS, (ii) A PARTY’S INFRINGEMENT OR MISUSE OF THE OTHER’S INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION, OR (iii) A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS). EXCEPT AS TO THE FOREGOING EXCLUSIONS, EACH PARTY’S AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO STREAMLINE DURING THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY (OR US$1,000 IF NO FEES HAVE BEEN PAID).
11. GENERAL TERMS
11.1 Assignment
Customer may not assign this Agreement without Streamline’s written consent, except in connection with a merger, acquisition, or sale of substantially all its assets (provided the successor is not a competitor of Streamline and assumes this Agreement). Streamline may freely assign with advance written notice.
11.2 Force Majeure
Neither party will be liable for failure to perform due to events beyond its reasonable control, including strike, war, terrorism, pandemic, riot, natural disaster, failure or diminishment of telecommunications, or refusal of a license by a government agency.
11.3 Governing Law; Jurisdiction
This Agreement is governed by the laws of the state in which Customer is primarily located, without regard to conflicts‑of‑law rules. The courts in such state have exclusive jurisdiction; each party consents to personal jurisdiction there.
11.4 Third‑Party Beneficiaries
Streamline’s partners and providers are third‑party beneficiaries of this Agreement to protect their intellectual property, confidential information, and limit their liability.
11.5 Notice
Streamline may provide notices via email or the Service dashboard. Legal notices to Streamline must be sent to Streamline Software, Inc., 3301 C Street, Suite 1000, Sacramento, CA 95816, with a copy to legal@getstreamline.com. Notices by certified mail are deemed received three (3) days after mailing; by courier, on delivery.
11.6 Entire Agreement
This Agreement is the complete and exclusive statement of the parties’ understanding, superseding all prior agreements. It may be amended only by a writing executed by both parties. If any provision is unenforceable, it will be limited to the minimum extent necessary so the Agreement otherwise remains in effect. This Agreement may be executed electronically and in counterparts.
By executing an Order or otherwise indicating acceptance, the parties agree to be bound by this Agreement.