Their terms and conditions are here:
https://www.superdocu.com/terms
1. Most importantly missing from their terms is jurisdiction. They do not actually state what law the agreement falls under, e.g. France, USA, England etc. Therefore, i think they created these terms themselves and copied them, and didn’t use a solicitor or lawyer to draw them up. Many of the clauses clash with each other, and are repeated. This should be a warning as they might not be enforceable, or might be unlawful, which might put each party at unnecessary risk.
2. I cannot see any Data Processing Agreement, which is required for me to upload any client data to the system, or to allow the system to send client data via their API or webhooks. There should be a clear B2B signed DPA because SuperDocu are based in France in Europe.
3. Their terms and conditions do not mention their address, only a postcode. This is unusual.
4. Their terms refer to a privacy policy, but that is not the same as a legal B2B DPA. The privacy policy seems more aimed at casual website visitors, not paying business customers.
5. No support - They state in their terms and conditions:
“No Support or Maintenance. You agree that Superdocu will have no obligation to provide you with any support in connection with the Site.”
Appsumo apparently require SuperDocu to provide Sumos with support, but I would guess that the agreement each Sumo has with SuperDocu supercedes that, so they are not obliged to support sumos, as far as their terms state,
6. Backups and deleting data - their terms state “Superdocu is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.”
I don’t think that is GDPR compliant at all. Personal data should be protected and not deleted or changed unless the Data Subject requests it.
7. Their terms state:
“You hereby grant to Superdocu an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.”
That seems a little extreme considering that it is my intellectual property I am uploading.
8. If anyone sues them, you are liable to pay SuperDocu’s legal fees and damages!
See this term:
“You agree to indemnify and hold Superdocu and its officers, employees, and agents harmless, including costs and attorneys fees, from any claim or demand made by any third-party due to or arising out of your use of the Site, [and] your User Content &
Superdocu reserves the right to assume the exclusive defense.