Terms of Service
These Terms govern your access to and use of the products and services we provide through CloudPDF.io.
Please read these Terms carefully before accessing or using CloudPDF Services. By accessing or using any part of CloudPDF Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to CloudPDF Services, and the Agreement will apply to any changes.
1. Who’s Who
CloudPDF (“CloudPDF,” “us,” “we” or “our”) provides a cloud-based Service to users who have CloudPDF accounts (“users”) through its web site located at https://www.cloudpdf.io, subject to these Terms.
“You” means any individual or entity using CloudPDF Services. If you use CloudPDF Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person’s or entity’s behalf, that by using using CloudPDF Services you are accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Your Account
In order to use CloudPDF Services, you must first create an account through our online registration system including the creation of a username and password.
When you create a CloudPDF account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer. If you are not interested, you can opt out of these marketing communications. You are solely responsible and liable for all activity under your account. You are also fully responsible for maintaining the security of your account (which includes keeping your password secure). We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Do not share or misuse your access credentials. Notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
CloudPDF Services are not directed to children. You are not allowed to access or use CloudPDF Services if you are under the age of 18 (or 16 in Europe). If you register as a user or otherwise use CloudPDF Services, you represent that you are at least 18 (or 16 in Europe). You may use CloudPDF Services only if you can legally form a binding contract with us. In other words, if you are under 18 years of age (or the legal age of majority where you live), you can only use CloudPDF Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Users
We have not reviewed, and cannot review, all of the Content uploaded, displayed, shared, sold or stored by CloudPDFusers on their websites through our Services. We are not responsible for the Content or any effects of Content on websites using CloudPDF Services. So, for example:
- We do not have any control over the websites of users of CloudPDF Services.
- Any CloudPDF attributional text or link on a user’s website does not represent or imply that we endorse the website.
- We do not endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- CloudPDF Users are fully responsible for the Content available on their websites, and any harm resulting from that Content. It is expressly the user’s responsibility to ensure that their website’s Content abides by applicable laws and by the Agreement.
- We are not responsible for any harm resulting from anyone’s access to, use, purchase, or downloading of Content on any website which belongs to a user of our Services. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Content offered for sale through any website which belongs to a user of our Services is the seller’s sole responsibility.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between users of CloudPDF Services and third-parties.
5. Fees, Payment, and Renewal
Fees for Paid Services. Some plans for CloudPDF Services are offered on a subscription basis for a fee. The payment plans offered for CloudPDF Paid Services include monthly or annual recurring fees. By selecting a monthly or annual subscription plan for a Paid Service, you agree to pay the specified fees by credit or debit card, and to update your payment information if any changes occur throughout the subscription term. By providing your credit or debit card information, you represent that the information is accurate and that you are authorized to use the card. You further represent that you permit CloudPDF to charge the subscription fee corresponding to your selected plan in the automatically-renewing interval (monthly or annually), through a third-party payment processor, on a pre-pay basis for the term of your subscription and any subsequent renewals. You can cancel at any time by contacting us through the chat function in your CloudPDF user dashboard.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You are responsible for paying all applicable Taxes relating to your use of paid CloudPDF Services.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, Paid Services are automatically renewed. This means that unless you cancel a Paid Service subscription before the end of the applicable period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you select an annual payment option for a CloudPDF plan, you will be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure billing issues don’t inadvertently disrupt your access to CloudPDF Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.
You can view your renewal date and manage subscriptions for CloudPDF Paid Services through the dashboard after logging in to your account. For any questions about subscription management please consult the CloudPDF support team.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services by contacting us through the chat in your CloudPDF account dashboard.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
We love hearing from you and are always looking to improve CloudPDF Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.
7. General Representation and Warranty
CloudPDF Services are designed to maximize your efficiency and customization of displaying and sharing documents through your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that the documents you upload, display, share, send, sell or otherwise transmit through CloudPDF Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of CloudPDF or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
CloudPDF Accounts CloudPDF offers a basic free plan as well as paid plans which enable access to advanced features, greater storage and multiple users. The free plan is offered for clients to become familiar with the viewer and for those who have limited use needs. One free plan is permitted per individual or organization. The free plan is offered at the discretion of CloudPDF and CloudPDF retains the right to block or delete free plan accounts that are suspected to be multiple accounts belonging to one individual or company, or which otherwise violate the terms of service found in this document.
We do not own content uploaded, displayed, shared, sent or otherwise transmitted through CloudPDF Services. Users are responsible for all materials they publish through CloudPDF Services. As detailed in the terms in Section 7 of the Agreement, make sure that our Services are not used for any prohibited materials or purposes.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of private documents, from view by the authorized visitors), but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Attributions. We may place CloudPDF attribution text or links in your PDF viewer unless you have purchased a plan that includes the removal of this placement.
9. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content displayed on a third-party website using CloudPDF Services violates your copyright, please contact the owner of the website directly. If the need arises to contact us directly about intellectual property rights, you can reach us at firstname.lastname@example.org
10. Intellectual Property
The Agreement does not transfer any CloudPDF or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between CloudPDF and you) solely with CloudPDF. CloudPDF and all other trademarks, service marks, graphics, and logos used in connection with our website or Services are trademarks or registered trademarks of OpenBook B.V. Other trademarks, service marks, graphics, and logos used in connection with CloudPDF Services may be the trademarks of other third parties. Using CloudPDF Services does not grant you any right or license to reproduce or otherwise use any CloudPDF or third-party trademarks.
We may update, change, or discontinue any aspect of CloudPDF Services at any time. Since we are constantly updating CloudPDF Services, we sometimes have to change the legal terms under which they are offered. The Agreement may only be modified by a written amendment signed by an authorized executive of CloudPDF, or if CloudPDF posts a revised version. We will let you know when there are changes. We will post them here and update the “Last Updated” date, and we may also post on our blog or send you an email or other communication before the changes become effective. Your continued use of CloudPDF Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using CloudPDF Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of CloudPDF Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates the Agreement or any CloudPDF policy, or is in any way harmful, or (ii) terminate or deny access to and use of any of CloudPDF Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using CloudPDF Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment and Renewal section of the Agreement
CloudPDF Services are provided “as is.” CloudPDF and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CloudPDF, nor its suppliers and licensors, makes any warranty that CloudPDF Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through CloudPDF Services at your own discretion and risk.
14. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of CloudPDF Services will be governed by the laws of the Netherlands. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of CloudPDF Services that are not otherwise subject to arbitration (as indicated below) will be the courts located in the Netherlands.
15. Limitation of Liability
In no event will CloudPDF, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to CloudPDF under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. CloudPDF shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless CloudPDF, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of CloudPDF Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with CloudPDF Services.
17. Data Processing Agreement
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us.
The Agreement was originally written in English (US). We may translate the Agreement into other languages, and in the event of a conflict between a translated version of the Agreement and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between CloudPDF and you concerning CloudPDF Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.