Terms of Service
Last updated: August 22, 2024. These terms govern your use of PhoPDF's document processing services.
Acceptance of Terms
By accessing or using PhoPDF's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms apply to all users of our platform, including visitors, registered users, and premium subscribers.
These Terms constitute a legally binding agreement between you and PhoPDF. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our services after any modifications constitutes acceptance of the updated Terms.
If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.
Description of Service
PhoPDF provides browser-based document processing services designed to help users convert, edit, and manage documents online. Our services include but are not limited to:
- Image to PDF conversion from various formats (JPG, PNG, TIFF, etc.)
- PDF editing and manipulation tools
- Document compression and optimization
- Page reordering and organization
- Annotation and redaction tools
- Multi-format document support and conversion
- Batch processing capabilities
- Cloud-based document storage (temporary)
- Mobile and desktop compatibility
Our services are provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts of the service without notice or liability.
We strive to maintain high service availability, but we do not guarantee uninterrupted access to our services. Maintenance, updates, and unforeseen circumstances may temporarily affect service availability.
User Responsibilities and Acceptable Use
Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:
- Upload or process any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or violates any laws or regulations
- Attempt to gain unauthorized access to our systems, other users' accounts, or any connected networks
- Use our services to distribute malware, viruses, or other harmful code
- Engage in any activity that could damage, disable, overburden, or impair our services or interfere with other users' access
- Violate any applicable local, state, national, or international laws or regulations
- Infringe upon the intellectual property rights, privacy rights, or other rights of others
- Use automated systems or software to extract data from our services without permission
- Attempt to reverse engineer, decompile, or disassemble any part of our services
- Use our services for commercial purposes without appropriate licensing
- Upload content that contains personal information of others without their consent
- Engage in any form of harassment, abuse, or inappropriate behavior toward other users or our staff
Content Responsibility
You are solely responsible for the content of any documents or files you upload to our service. You represent and warrant that you have all necessary rights, licenses, and permissions to upload and process such content and that doing so does not violate any laws, regulations, or third-party rights.
You agree to indemnify and hold PhoPDF harmless from any claims, damages, or expenses arising from your use of our services or your violation of these Terms.
Account Registration and Security
While basic services may be available without registration, certain features may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
You may not create multiple accounts, share your account with others, or transfer your account without our prior written consent. We reserve the right to suspend or terminate accounts that violate these Terms.
Intellectual Property Rights
Your Content
You retain all rights to the documents and files you upload to our service. By using our services, you grant us a limited, temporary, non-exclusive license to process your files solely for the purpose of providing the requested services. This license terminates when your files are deleted from our servers.
We do not claim ownership of your content and will not use your files for any purpose other than providing our services to you.
Our Platform and Services
The PhoPDF platform, including all software, designs, text, graphics, logos, and other content, is owned by PhoPDF and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our platform without our express written permission.
Our trademarks, service marks, and logos may not be used without our prior written consent. Any unauthorized use is strictly prohibited.
Privacy and Data Handling
Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key aspects of our data handling include:
- Files are automatically deleted within 24 hours of processing completion
- All data transfers are encrypted using industry-standard SSL/TLS protocols
- We do not store, analyze, or use your document content for any purpose other than providing services
- Processing occurs on secure, US-based servers with enterprise-grade security measures
- We comply with applicable data protection laws and regulations
Please review our Privacy Policy for complete details about how we handle your information and your rights regarding your personal data.
Service Availability and Performance
While we strive to provide reliable and consistent service, we do not guarantee that our services will be available at all times or will meet your specific performance requirements. Our services may be temporarily unavailable due to:
- Scheduled maintenance and updates
- Emergency maintenance or security patches
- Technical difficulties or system failures
- Circumstances beyond our reasonable control
- Third-party service provider issues
We reserve the right to limit usage, implement rate limiting, or restrict access to our services to ensure fair usage, system stability, and security. We may also modify or discontinue features with or without notice.
Payment Terms and Billing
Free Services
Our basic services are provided at no charge with certain usage limitations. Free users are subject to daily processing limits, standard quality output, and basic support options.
Paid Services and Subscriptions
Premium features and increased usage limits are available through paid subscription plans. Payment terms include:
- Subscriptions are billed monthly or annually as selected during signup
- All fees are charged in advance and are non-refundable unless otherwise specified
- We reserve the right to change pricing with 30 days advance notice to existing subscribers
- Failure to pay may result in service suspension or termination
- Automatic renewal applies unless cancelled before the renewal date
- Taxes may apply based on your location and applicable laws
Refund Policy
Refunds are generally not provided for subscription fees. However, we may provide refunds at our discretion in cases of service failure, billing errors, or other exceptional circumstances.
Disclaimers and Limitations of Liability
Service Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
- Warranties of merchantability and fitness for a particular purpose
- Warranties of non-infringement of third-party rights
- Warranties regarding the accuracy, reliability, or completeness of our services
- Warranties that our services will be uninterrupted, secure, or error-free
Limitation of Liability
To the maximum extent permitted by applicable law, PhoPDF shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption or downtime
- Cost of substitute services
- Personal injury or property damage
Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for our services in the 12 months preceding the claim, or $100, whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless PhoPDF, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you upload or process through our services
- Any negligent or wrongful conduct by you
Termination
Either party may terminate this agreement at any time. You may stop using our services at any time. We may suspend or terminate your access to our services immediately, without prior notice, for any reason, including if we believe you have violated these Terms.
Upon termination, your right to use our services will cease immediately. We may also delete any content associated with your account. Provisions that by their nature should survive termination will remain in effect after termination, including intellectual property rights, disclaimers, and limitations of liability.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to conflict of law principles. Any disputes arising from these Terms or our services will be resolved in the state or federal courts located in Phoenix, Arizona.
Before filing any legal action, you agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved through negotiation, it may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
Miscellaneous Provisions
These Terms constitute the entire agreement between you and PhoPDF regarding the use of our services. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. We may assign our rights and obligations under these Terms without restriction. You may not assign your rights under these Terms without our prior written consent.
Contact Us
If you have any questions about these Terms of Service, please contact us using the information below. We will respond to your inquiry in a timely manner.
Legal Contact Information
Email: legal@phopdf.com
Phone: +1 628 473 9605
Address: PhoPDF Legal Department
1834 E Monroe St
Phoenix, AZ 85034, USA