Terms of Service

Effective July 1, 2016

1. Your Agreement with PDFDATA.io

1.1 Your use of PDFDATA.io service is governed by this agreement (the "Terms"). "PDFDATA.io" means Snowtide Informatics Systems, Inc., located at POB 105, South Deerfield, MA, 01373, USA (doing business under the name "PDFDATA.io"), and its subsidiaries or affiliates involved in providing PDFDATA.io Service. “PDFDATA.io Services” means the services PDFDATA.io makes available through this website, including this website, the PDFDATA.io API, and any other software or services offered by PDFDATA.io in connection to any of those.

1.2 In order to use PDFDATA.io Services, you must first agree to the Terms. You can agree to the Terms by creating a PDFDATA.io account, or by actually using PDFDATA.io Services. You understand and agree that PDFDATA.io will treat your use of the PDFDATA.io Services as acceptance of the Terms from that point onwards.

1.3 You may not use PDFDATA.io Services if you are a person barred from receiving PDFDATA.io Services under the laws of the United States or other countries, including the country in which you are resident or from which you use PDFDATA.io Services. You affirm that you are over the age of 13, as PDFDATA.io Services are not intended for children under 13.

1.4 You agree your purchases of PDFDATA.io Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by PDFDATA.io or any of its affiliates regarding future functionality or features.

2. Your Account and Use of PDFDATA.io Services

2.1 You must provide accurate and complete registration information any time you register to use PDFDATA.io Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PDFDATA.io immediately.

2.2 Your use of PDFDATA.io Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of PDFDATA.io Services by any means other than through the interface that is provided by PDFDATA.io in connection with PDFDATA.io Services, unless you have been specifically allowed to do so in a separate agreement with PDFDATA.io, or (b) engage in any activity that interferes with or disrupts PDFDATA.io Services (or the servers and networks which are connected to the Service).

2.4 Your account is subject to usage limits based on your selected service plan, as described in your dashboard or at https://www.pdfdata.io/plans (or such URL as PDFDATA.io may provide). PDFDATA.io reserves the right to throttle your access to PDFDATA.io Services or terminate your account if your pattern of usage poses a risk to the integrity of those services.

2.5 You may not access PDFDATA.io Services for the purpose of bringing an intellectual property infringement claim against PDFDATA.io or for the purpose of creating a product or service competitive with PDFDATA.io Services.

3. Service Policies and Privacy

3.1 The PDFDATA.io Services shall be subject to the privacy policy for the PDFDATA.io Services available at https://www.pdfdata.io/page/privacy. You agree to the use of your data in accordance with PDFDATA.io's privacy policies.

3.2 Any Content or Data you upload will be processed according to your explicit request(s), and in general practice, will be stored for up to 30 days for your convenience only. Neither PDFDATA.io nor any of its employees, agents, successors, assigns or affiliates will access your uploaded Content or Data without your express permission, except to diagnose system problems and improve service quality.

3.3 You are representing to PDFDATA.io that you own all necessary intellectual property rights to any uploaded Content or Data and that your possession, extraction, later use and modification of Content or Data does not infringe on anyone’s rights worldwide. You will hold PDFDATA.io harmless of and from any damage (including attorney fees incurred) and any claim that your representation here is in any way untrue.

4. Fees for Use of PDFDATA.io Services

4.1 Subject to the Terms, PDFDATA.io Services are provided to you without charge up to certain limits, intended solely for initial evaluation purposes. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://www.pdfdata.io/plans (or such URL as PDFDATA.io may provide).

4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in PDFDATA.io fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees PDFDATA.io incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on PDFDATA.io's measurements of your use of PDFDATA.io Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of PDFDATA.io and only in the form of credit for PDFDATA.io Services. Nothing in these Terms obligates PDFDATA.io to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to PDFDATA.io may be shared by PDFDATA.io with companies who work on PDFDATA.io's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to PDFDATA.io and servicing your account. PDFDATA.io may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. PDFDATA.io shall not be liable for any use or disclosure of such information by such third parties. PDFDATA.io reserves the right to discontinue the provision of PDFDATA.io Services to you for any late payments.

4.3 PDFDATA.io may change its fees and payment policies for PDFDATA.io Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL PDFDATA.io may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4 You may not access PDFDATA.io Services in a manner intended to avoid incurring fees.

5. Proprietary Rights

5.1 You acknowledge and agree that PDFDATA.io (or PDFDATA.io's licensors) own all legal right, title and interest in and to PDFDATA.io Services, including any intellectual property rights which subsist in PDFDATA.io Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

5.2 Except as provided in Section 7, PDFDATA.io acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Data that you create, submit, post, transmit or display on, or through, PDFDATA.io Services, including any intellectual property rights which subsist in that Content and the Data (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6. License from PDFDATA.io and Restrictions

6.1 PDFDATA.io gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PDFDATA.io as part of PDFDATA.io Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PDFDATA.io Services as provided by PDFDATA.io, in the manner permitted by the Terms.

6.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of PDFDATA.io Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PDFDATA.io, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by PDFDATA.io Services or any applications running on PDFDATA.io Services.

6.3 Open source software licenses for components of PDFDATA.io Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with PDFDATA.io for the use of the components of PDFDATA.io Services released under an open source license.

7. License from You

7.1 PDFDATA.io claims no ownership or control over any Content or Data you provide or generate through the use of PDFDATA.io Services. You retain copyright and any other rights you already hold in the Content and/or Data, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through PDFDATA.io Services you give PDFDATA.io a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling PDFDATA.io to provide you with PDFDATA.io Services.

7.2 You may choose to or we may invite you to submit comments or ideas about PDFDATA.io Services, including without limitation about how to improve the PDFDATA.io Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PDFDATA.io under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

7.3 You agree that PDFDATA.io, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of PDFDATA.io Services. Further, PDFDATA.io may announce the relationship in a press release provided that PDFDATA.io obtains your prior approval of the wording of the release (not unreasonably withheld).

8. Modification and Termination of PDFDATA.io Services

8.1 PDFDATA.io is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of PDFDATA.io Services which PDFDATA.io provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of PDFDATA.io Services will be effective with respect to all versions of PDFDATA.io Services; examples of changes to the form and nature of PDFDATA.io Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

8.2 You may terminate these Terms at any time by canceling your account with PDFDATA.io Services. You will not receive any refunds if you cancel your account.

8.3 You agree that PDFDATA.io, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to PDFDATA.io Services may be without prior notice, and you agree that PDFDATA.io will not be liable to you or any third party for such termination.

8.4 You are solely responsible for exporting your Content and Data from PDFDATA.io Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Data.

8.5 Upon any termination of PDFDATA.io Services or your account these Terms will also terminate, but Sections 5.1, 8, 9, 10, 11, and 14 shall continue to be effective after these Terms are terminated.

9. Exclusion of Warranties

9.1 Nothing in these terms, including sections 9 and 10, shall exclude or limit PDFDATA.io's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

9.2 You expressly understand and agree that your use of the PDFDATA.io service is at your sole risk and that the PDFDATA.io Services are provided "as is" and "as available."

9.3 PDFDATA.io, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the PDFDATA.io Services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, PDFDATA.io, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the PDFDATA.io Services will meet your requirements, (b) your use of the PDFDATA.io Services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the PDFDATA.io Services will be accurate.

10. Limitation of Liability

10.1 Subject to section 9.1 above, you expressly understand and agree that PDFDATA.io, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

10.2 The limitations on PDFDATA.io's liability to you in paragraph 10.1 above shall apply whether or not PDFDATA.io has been advised of or should have been aware of the possibility of any such losses arising.

11. Indemnification

11.1 You agree to hold harmless and indemnify PDFDATA.io, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "PDFDATA.io and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of PDFDATA.io Services, (c) your violation of applicable laws, rules or regulations in connection with the PDFDATA.io Services, or (d) your Content or your Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PDFDATA.io will provide you with written notice of such claim, suit or action.

16. Other Content

12.1 The PDFDATA.io Services may include hyperlinks to other web sites or content or resources or email content. PDFDATA.io may have no control over any web sites or resources which are provided by companies or persons other than PDFDATA.io.

12.2 You acknowledge and agree that PDFDATA.io is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

12.3 You acknowledge and agree that PDFDATA.io is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13. Changes to the Terms

13.1 PDFDATA.io may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

13.2 You understand and agree that if you use PDFDATA.io Services after the date on which the Terms have changed, PDFDATA.io will treat your use as acceptance of the updated Terms.

14. General Legal Terms

14.1 The Terms constitute the whole legal agreement between you and PDFDATA.io and govern your use of PDFDATA.io Services (but excluding any services which PDFDATA.io may provide to you under a separate written agreement), and completely replace any prior agreements between you and PDFDATA.io in relation to PDFDATA.io Services.

14.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

14.3 If PDFDATA.io provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

14.4 You agree that PDFDATA.io may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the PDFDATA.io Services. By providing PDFDATA.io your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

14.5 You agree that if PDFDATA.io does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PDFDATA.io has the benefit of under any applicable law), this will not be taken to be a formal waiver of PDFDATA.io's rights and that those rights or remedies will still be available to PDFDATA.io.

14.6 PDFDATA.io shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

14.7 The Terms, and your relationship with PDFDATA.io under the Terms, shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible.

14.8 Any litigation arising out of or related to your access to or use of PDFDATA.io Services will be brought in the United States District Court or the Massachusetts Superior Court (or equivalent) for the division in which PDFDATA.io's principal offices are then located. By accessing or using PDFDATA.io Services, you submit to the personal jurisdiction of these courts and waive all objections to placing venue before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

14.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the PDFDATA.io Services upon written notice to the assigning party.

This document is an adaptation of the Heroku Terms of Service, licensed under the Creative Commons Attribution 3.0 License. The original work has been modified. Heroku, Inc. is not connected with and does not sponsor or endorse PDFDATA.io or its use of the work.