- Agreement with FacePdf. You are agreeing to use one or more of FacePdf’s cloud-based document conversion and/or document management services, which may be referred to individually or collectively herein as the "Service(s)",and/or FacePdf’s document conversion and/or document management software ("Software"). The Service and the Software may not be error free. Therefore, You are advised to safeguard important data, to use caution and not to rely on the correct functioning or performance of the Service or Software. Although FacePdf will use reasonable efforts to provide technical support (assuming you have paid any applicable fees), it provides no assurance that any specific errors in the Service or Software will be corrected.
- License Subject to the terms and conditions of this Agreement and depending upon whether during sign up with FacePdf you have chosen to use the Service and/or the Software on a subscription basis or to receive a perpetual license to use the Software, FacePdf grants to You: (i) a non-exclusive, non- transferable license (without right to sublicense) to use the Service and/or Software for the term of this Agreement, and/or (ii) a non-exclusive, non-transferable, perpetual license (without right to sublicense) to use the Software. Except as otherwise specifically permitted in this Agreement, You may not: (a) modify or create any derivative works of the Service or Software; (b) copy any portion of the Service or Software; (c) sublicense or, unless You have signed up for an account that permits more than one user (in which case You agree not to exceed the permitted number of users), permit use of the Service or Software by more than one user; (d) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); or (e) use the Service or Software in a timesharing or service bureau arrangement, or otherwise transfer rights to the Service or Software. Any update to the Software provided to You is made on a license exchange basis such that You agree, as a condition for receiving an update, that You will terminate Your use any previous version of the Software. FacePdf may automatically check the Service and/or Your version of the Software and may automatically update the Service and/or Software from time to time. You agree to accept such updates subject to this Agreement.
- Your Account and Use of the Service. You may be required to create an account to participate in the Service and/or use the Software. If You are entering into this Agreement on behalf of an entity, You represent and warrant that the entity will utilize the Services and/or Software under a single account. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person s username, password or other account information. You are responsible for the security of Your password and for any use of Your account. You also agree to notify us promptly at privacy@FacePdf.com of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Service or Software.
If there is a fee associated with your use of the Service or Software, You agree to pay that fee. The fee charged excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. FacePdf may suspend or cancel Your access to the Service or Software if FacePdf does not receive payment from You. Suspension or cancellation for non-payment may result in a loss of access to and use of Your account. To pay any fees, You will be asked to provide a payment method at the time you sign up with FacePdf. You agree to keep your billing account information current at all times. By providing FacePdf with Your payment method, You (a) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; and (b) authorize FacePdf to charge You using Your payment method and to charge You for any paid feature that You choose to sign up for or use while this Agreement is in effect. You acknowledge and agree that FacePdf may bill you on a recurring basis for Services that You purchase on a subscription basis. If You take part in any trial offer, You must cancel the Services by the end of the trial period to avoid incurring charges, unless FacePdf notifies You otherwise. FacePdf may change the price it charges for the Services at any time and will notify You of such changes. If You do not agree to the price change, You must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for that term. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.
In Your use of the Service or Software, You agree to comply with all applicable laws and regulations. You shall, in connection with Your use of the Service or Software, comply with all applicable import, export and re-export control laws and regulations of any country. For clarity, You are solely responsible for compliance related to the manner in which You choose to use the Service or Software, including Your transfer and processing of Your content via the Service or Software.
You may not access the Service other than through the interfaces provided by FacePdf or interfere with or disrupt the proper operation of the Service.
- Feedback/Use of Licensee’s Name. You consent to FacePdf contacting You for marketing and other purposes as well as contacting You to solicit Your opinion regarding the Service or Software. You agree, at your sole discretion, to provide to FacePdf suggestions, comments and feedback regarding the Service or Software, including but not limited to usability and bug reports (collectively, "Feedback"). If You provide such Feedback to FacePdf, You hereby grant FacePdf the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights to: make, use, copy, modify, sell, distribute, publicly perform or display, sublicense (including the right to sublicense to further third parties), and create derivative works of the Feedback as part of any FacePdf product, technology, service, specification or documentation (individually and collectively, "FacePdf Products"). You warrant that Your Feedback is not subject to any license or other terms that would purport to require FacePdf to comply with any additional obligations with respect to any FacePdf Products that incorporate any Feedback.
- Unauthorized Use. You agree to use reasonable efforts to cooperate with and assist FacePdf in identifying and preventing any unauthorized use, copying, or disclosure of the Service or the Software.
- FacePdf Proprietary Rights. FacePdf and any of its licensors own all proprietary rights in and to the Service and the Software. The Service and any Software provided to you is licensed and not sold. Except as expressly provided herein, FacePdf retains all rights and does not grant any express or implied right to You under any FacePdf patents, copyrights, trademarks, or trade secret information.
- Modification and Termination of the Service. FacePdf may place limits on, modify, suspend or terminate the Service generally, may remove or disable access to any content posted by You in using the Service and may suspend or terminate Your use of the Service or terminate this Agreement at any time, including as a result of Your use of the Service that FacePdf reasonably deems to be excessive, which may include usage that substantially and repeatedly exceeds the average level of usage compared to other users of same category/tier of Service. Notwithstanding anything else in this Agreement, this suspension or termination may result in the immediate deletion of Your documents, information, files, and other previously available content. FacePdf is under no obligation to return any content to you. If FacePdf terminates the Service, Your use of the Service or this Agreement, the rights and licenses granted to You under this Agreement shall immediately terminate (except that You may continue to use any Software as provided in Section 2(ii) in all instances other than termination of this Agreement as a result of Your breach) and You shall immediately cease using the Service. In addition to those provisions that survive according to their terms, Sections 4 through 12 shall continue to be effective after termination of this Agreement.
- Changes to this Agreement. FacePdf may change this Agreement and will post the modified agreement (which shall then become the Agreement) on FacePdf’s website. Therefore, FacePdf encourages you to check the terms of this Agreement from time to time to see if they have been updated. If You do not agree to the modified agreement, Your sole recourse is to stop using the Service and/or Software. Your continued use of the Service or Software after the date the modified agreement is posted will constitute Your acceptance of the modified agreement.
- General and miscellaneous:
a. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, FacePdf cannot guarantee the facePdf.com website will be available 100% of the time. Although FacePdf strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and FacePdf disclaims any liability for damages resulting from such problems.
b. Typographical Errors
Information on facePdf.com website may contain technical inaccuracies or typographical errors. FacePdf attempts to make its descriptions as accurate as possible but does not warrant that the content of the facePdf.com website is accurate, complete, reliable, current, or error-free.
c. Off-Site Links
A link to a non-facePdf.com website does not mean that FacePdf endorses or accepts any responsibility for the content or the use of such website. It is up to the User to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
d. User Registration, eligibility, and account activity
In registering for a facePdf.com username, the User acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The User agrees to keep the username and password confidential. The User further guarantees that the information supplied to the facePdf.com website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering with facePdf.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website, the User must obey all applicable international, federal, state, and local laws.
e. User Suspension and/or Termination
FacePdf, in its sole discretion, may terminate the User's user registration for violating facePdf.com Policies. The User agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Users user registration and/or give rise to civil action against the User.
f. FacePdf's right of removal of materials
FacePdf reserves the right at any time with or without the User' s prior consent and without liability to the User in that regard to delete from the facePdf.com website all personal information, data, text, files, images and all other materials of the User and to prevent the User from obtaining access to any such data. In particular, it is the absolute policy of the FacePdf to reject any materials which, at FacePdf's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate.
g. User indemnification of facePdf.com
The User agrees to indemnify FacePdf and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from the User's submissions to the facePdf.com website, and/or from the User's unauthorized use of material obtained through the facePdf.com website, and/or from the User's breach of the Contract, or from any other loss or damage of whatever kind suffered by FacePdf caused by the User's use of the facePdf.com website.
- Limitation of Liability. LICENSEE AGREES AND ACKNOWLEDGES THAT NEITHER FacePdf NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS OF AN INDIRECT NATURE, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE AND IN NO EVENT SHALL THEY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF FEES PAID TO FacePdf BY LICENSEE (IF ANY) UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING SIX MONTHS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, FacePdf WOULD NOT LICENSE THE SERVICE OR SOFTWARE TO YOU.
- General Legal Terms. This Agreement is the entire agreement between You and FacePdf related to the Service and/or Software, replacing any prior agreements. FacePdf s licensors may be third party beneficiaries to this Agreement. There are no other third party beneficiaries to this Agreement. The parties to this Agreement are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture. You shall not assign this Agreement, by operation of law or otherwise. FacePdf may assign this Agreement, subject to all of the terms of this Agreement.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision s essential purpose and, in any event, the remainder of the Agreement shall be unaffected. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in the action or proceedings.
This Agreement shall be governed by Swiss law without regard to any conflict of laws principles.
You and FacePdf agree to resolve any disputes between us in accordance with this section. If You have any dispute with FacePdf, please contact FacePdf. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably.