Terms of Service ("Terms")

Last updated: July 12, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.papertracker.biz website (the "Service") operated by Caffeine Code Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are  monthly.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Caffeine Code Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Caffeine Code Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Caffeine Code Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Caffeine Code Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Caffeine Code Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Caffeine Code Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

At any time and without notice, Caffeine Code Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Caffeine Code Inc., in its sole discretion and after 1 year may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Caffeine Code Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Caffeine Code Inc. on a case-by-case basis and granted in sole discretion of Caffeine Code Inc..

Content

Our Service allows you to store, produce, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you produce on or through the Service, including its legality, reliability, and appropriateness.

Your agency owns the data that has been entered & uploaded by your agency, and can only be downloaded & accessed by you and or the clients and servers you specifically provide access to. The data can be downloaded & retrieved during the time your subscription is active, and up to 120 days after your subscription ends. Your agency can also request the data to be completely removed from the server quicker than 120 days.

The State of Florida has a ten (10) year requirement for storage of information such as the video files of the Remote Online Notary (RON). Those files will be archived in storage and are not subject to removal or modification.

There are two types of data essentially PaperTracker deals with the stuff that is typed in aka “text data” and binary data such as Image, PDF, etc.

Each agency has their own database which stores the textual data and a reference or shortcut to the binary information that encrypted and stored individual AWS S3 buckets. The program uses the reference or shortcut to store and retrieve the information

By only storing the text data in the database, we are able to greatly reduce the size of the database which in turn reduces the write amplification incurred when replicating to stand by servers.

Should you decided to move to another process serving software provider, you can request a “SQL dump” of the PostgreSQL database from PaperTracker. Simply send us an email, and we will provide you a link with all of the textual information which can be used to restore your agency information to another database. The request is processed within 1-2 business days.

You can also use the backup on demand link (* MFA is required to access this link) to acquire the dump file.

Requesting all of your information must made by the owner or a trusted NAMED user that the owner as specified in advance.

To keep your information safe, secure, and only accessible by your agency - the trusted user’s information will need to be made prior to the request of the SQL dump file.

Binary information is also available upon request. The transfer file size and speed of transfer depend on how many documents you have in the bucket and the speed of your connection (please note this could take hours, days or even longer depending on your ISP). Here is a screen shot example of one bucket file count and size for reference.

AWS charges for the space and the data that is transferred to and from the encrypted S3 buckets, this cost is included with your subscription. Please note: if your firm requires daily replication to another cloud provider (such as Azure or Google) there is an additional cost that would be computed and added to the subscription.

You can also host the data yourself (aka “on premise” and or your own cloud), but keep in mind this will require extra technical work, coordination, and resources on your end.

If you have regulatory requirement or just prefer to have your own AWS account with your own S3 bucket, please let us know so we can accommodate your needs.

You would essentially just create a new IAM account specific to PaperTracker with READ and WRITE permission and provide the credentials and bucket information and the program will use your bucket to store and retrieve the binary (pdf, images, etc.) information.

Please note I do not serve process or own any agency in the profession of process servers. (We are strictly programmers)

I will never sell your information, but will need access to the information from time to time to either assist your agency such as importing data, testing a feature that you have requested, etc.

PaperTracker databases and web services are hosted at co-location with HIVELOCITY specifically at the TPA-2 which is a SOC2 certified facility located in Tampa, FL and (also rented dedicated servers) at DAL-1 Dallas, TX and the binary data is stored and encrypted with AWS which is also SOC2. If you need a copy of those SOC2 reports for your regulatory body just ask and we can provide you a copy of them. I do have some infrastructure scattered on purpose such as VM’s with Atlantic.Net in Orlando, FL. I will provide you 30 day notice if I make any large change in regards to the co-locations. I have no plans on moving anywhere soon since, because HIVELOCITY has been solid for the past 6 years.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Caffeine Code Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Caffeine Code Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Caffeine Code Inc..

Caffeine Code Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Caffeine Code Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

If you wish to terminate your account, you may simply cancel the service before the next billing cycle.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Caffeine Code Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Caffeine Code Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Caffeine Code Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.