Terms and Conditions

PDF Dot Net LLC (“Company”, “we”, “us”, or “our”) is pleased you have visited our Site. This Terms of Use agreement (the “Agreement”) specifies the terms and conditions for access to and use of the Services (defined below), our website: sdk.pdf.net, our software development kit and related packages published under the @sdk-pdf scope (the “SDK”), our documentation, playground, and customer portal, and all other websites, applications, platforms, tools, mobile sites, and mobile applications where this Agreement appears or is linked, and through the use of our Services (collectively, with the “Services”, the “Site”).

In this Agreement: “Customer Application” means a software application that you develop and operate and into which you integrate the SDK; “End User” means a person who uses a Customer Application; “Open” means one opening of a document by the SDK inside a Customer Application in a production environment, as counted by the SDK; “Order Form” means a written order, quote, or agreement signed by Company and you that references this Agreement.

JURY TRIAL WAIVER AND ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A WAIVER OF JURY TRIAL PROVISION AND AN ARBITRATION PROVISION. DETAILS OF THE JURY TRIAL WAIVER PROVISION IS SET FORTH BELOW IN SECTION 26. DETAILS OF THE ARBITRATION PROVISION IS SET FORTH BELOW IN SECTION 27.

By accessing and using the Site or providing information to us (by any means, whether in correspondence, via our Site, or otherwise), you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using the Site, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement. PLEASE REVIEW THIS AGREEMENT CAREFULLY. ANY PARTICIPATION IN THE SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR OUR PRACTICES, PLEASE DO NOT USE THE SITE.

1. Modifications

This Agreement was published on the date “Last Updated” above. We may change this Agreement from time to time. Changes to this Agreement will be made by updating this page. Any such modifications shall be effective immediately. If a change materially reduces your rights under a paid plan, we will notify you by email to the address on file at least thirty (30) days before the change takes effect for that plan. Please visit this Agreement regularly to read the current version to determine if any changes have been made. Each continued use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement, including any changes or modifications.

2. Intended Audience

The Site is intended for adults only. The Site is not intended for any children under the age of 18. The Site and the SDK are intended for business and developer use. If you use the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement, and “you” refers to that entity.

3. Privacy

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy.

4. Discontinuation or Suspension of the Site

We do not guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We may, at any time and without liability, modify, suspend, or discontinue, temporarily or permanently, the Site (including access to the Site via any third-party links), with or without notice to you; charge, modify or waive any fees required to use our services; or offer opportunities to some or all users. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. We may refuse or restrict anyone from access to the Site at any time. Nothing in this Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

5. Account Registration and Responsibilities

To access certain features or areas on the Site, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep this information up to date; failure to do so may result in termination of your account or an inability to access account restricted areas on the Site. Your account may be used by you and by members of your organization whom you add as users in the customer portal. You are responsible for their use of the Site. Your account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Site or any content contained therein by creating an account. Each time you use your password or identification, you will be deemed to be authorized to access and use account restricted areas on the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site. By creating an account, you agree to maintain the confidentiality of your login credentials and any licence keys or API keys issued to you, not share your account or impersonate others, and update your information promptly if it changes. You agree to notify Company of any suspected breach of security or unauthorized use of your account. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD, LICENCE KEYS AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

6. Free Plan

Certain features and functionality of the Site (“Services”) are provided on a free plan (the “Free Plan”). The Free Plan is provided at no charge and includes the number of Opens per month shown on the pricing page. The Free Plan does not convert automatically into a paid plan and has no fixed end date. We may change the scope of the Free Plan, or limit or suspend Free Plan usage that exceeds the included quota, at any time. Free Plan use is subject to this Agreement in full, including Section 13 (SDK Licence).

7. Plans, Fees and Renewal

Paid plans (each a “Subscription”) are described on the pricing page. At the date of this Agreement the Business plan is billed monthly at $99, includes 1,500 Opens per month, and additional Opens are billed at $0.05 each (“Overage”). Enterprise plans are governed by an Order Form, which prevails over this Section in case of conflict.

Subscriptions renew automatically at the end of each billing period at the then-current fee until you cancel. You may cancel or downgrade your Subscription at any time in the customer portal. You expressly authorize us to automatically charge the applicable recurring fee, any Overage, and any applicable taxes to your payment method unless and until you cancel. By providing payment information to us, you agree that the payment information is valid and is either in your name or is in the name of an individual or entity who has authorized you to use their payment information for your Subscription, and that you agree to pay the fees and charges indicated. If you cancel prior to the end of a billing cycle for which you have already paid, you will have access to the Subscription until the end of that billing cycle.

8. Refund Policy

If you request a refund within 30 days of your initial purchase, you will be given a refund of the fees paid, less a pro-rata amount for the Opens used during that period. Refund requests may be made via live chat in the customer portal or by email to sdk@pdf.net. Once your refund request is received, we will send you an email to notify you and will do our best to resolve any issues within 7 business days. If you provide someone else’s payment information, you agree that we may refund payment to that person, and that this may interrupt or cancel your access to the Subscription. Refunds for Enterprise plans are governed by the applicable Order Form. Overage fees are not refundable.

9. Billing and Payment Methods

Credit card payments are processed by our third-party payment processor. Invoice billing is available for Enterprise plans; invoices are due within the payment term stated on the invoice. If any fee is not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Site or Service, after notice to the billing contact on file. You will remain responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Subscription. If you would prefer to opt out from this service, please contact our Customer Service team. If you would like to use a different payment method or if there is a change in payment method, please visit your account page to update your billing information.

10. Use of Information and Customer Content

Your submission of information through the Site is governed by our Privacy Policy. You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed. You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in any such information you provide in connection with the Site and, if required, provide us with such written permission upon our request. This includes getting permission from parents or guardians if the person is under the age of 18. You are solely responsible for all information that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such information, and you hereby waive any right of action against us arising from any such loss or corruption of such information.

Documents and other data that you or your End Users process with the SDK inside a Customer Application (“Customer Content”) are processed in the End User’s browser for the core viewing and editing workflow. For that workflow, Company does not receive Customer Content. Customer Content may be transmitted to Company or to third parties only where you enable a feature that requires it, such as a server-side, collaboration, or AI feature, or where you configure the SDK to send it. You retain all rights in Customer Content. Company claims no ownership of Customer Content.

The SDK transmits usage metering data to Company, including the count of Opens, the domain of the Customer Application, the licence key, and the SDK version. Metering data does not include Customer Content.

Company reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Company owns and shall continue to own all right, title and interest in and to all aggregate or deidentified data and any statistical information, benchmarking, comparison, and other analytics or analyses created or developed by Company from performance and usage data generated through your use of the Site. As used in this Agreement, “aggregate” means individual identities have been removed, such that the information is not linked or reasonably linkable to any person or household, including via a device. As used in this Agreement, “de-identified” means the information cannot reasonably be used to reasonably identify, relate to, describe, be capable of being associated with, infer information about, or otherwise be linked, directly or indirectly, to a particular person (individual or entity), device, or computer and for which we will: (i) take reasonable measures to ensure that the information cannot be associated with a person (individual or entity); (ii) commit to maintain and use the information in the de-identified form and not to attempt to re-identify the information, except as may be permitted by applicable privacy laws; and (iii) contractually obligate any recipient of the information to comply with these obligations.

11. Alerts and Notifications

You may receive notifications, alerts, emails, text messages or other types of messages regarding the Site in accordance with the terms of our Privacy Policy. This includes service, security, usage, and billing notifications related to your account and Subscription, which you cannot opt out of while your account is active. We may also periodically send you emails or text messages that directly promote certain services and products. When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email or text message you receive.

12. Ownership

The Site and all content included on this Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. The SDK is licensed, not sold. Company and its licensors retain all right, title and interest in the SDK, including all modifications and derivative works, except as expressly licensed in Section 13.

pdf.net is a registered trademark of PDF Dot Net LLC (U.S. Registration No. 8246044). All trademarks, logos, and service marks displayed on this Site are the property of their respective owners.

13. SDK Licence

Subject to this Agreement and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable licence during the term of your plan to: (a) install and use the SDK to develop Customer Applications; (b) integrate the SDK, in its compiled form, into Customer Applications; and (c) distribute the SDK as an integrated part of Customer Applications to End Users, and permit End Users to use it solely within those Customer Applications.

You shall not, and shall not permit anyone else to: (i) distribute the SDK on a standalone basis, or in any way that allows a third party to use the SDK outside a Customer Application; (ii) remove, disable, or circumvent licence keys, usage metering, or any technical restriction in the SDK; (iii) use the SDK beyond the scope of your plan, including on domains or in environments not registered to your account where registration is required; (iv) use the SDK to build a product whose primary purpose is to offer PDF viewing, editing, or processing capabilities to developers as a library, SDK, or API; (v) sublicense the SDK except to End Users as permitted in above; or (vi) reverse engineer, decompile, or disassemble the SDK except to the extent applicable law prohibits this restriction.

Self-hosted, OEM, white-label, source-code, and offline licensing are available only under an Enterprise Order Form.

The SDK includes third-party and open-source components. Those components are licensed under their own terms, which are listed in the SDK distribution or documentation. Nothing in this Agreement restricts rights granted under those terms.

14. Customer Content and Submissions

You and other Site visitors may have the ability to transmit or otherwise make available through or in connection with the Site certain materials, including without limitation, materials which may contain information that personally identifies you or someone else, so long as you comply with the terms of this Agreement, and the content is not illegal or injurious to third parties (each, a “Submission” and collectively “Submissions”). Customer Content processed in the End User’s browser and never transmitted to Company is not a Submission.

You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in such content and, if required, provide us with such written permission upon our request. This includes getting permission from parents or guardians if the person is under the age of 18. We have no control over and are not responsible for any use or misuse (including any distribution) by any third-party of Submissions or of Customer Content within your Customer Application. You are responsible for the terms you offer to your End Users and for obtaining any consents they must give.

Submissions must not include any data relating to individuals under the age of 18. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT COVERED BY AND THEREFORE, ARE NOT COMPLIANT WITH, THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”) AND RELATED REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY APPLICABLE COMPLIANCE WITH FEDERAL OR STATE LAWS GOVERNING THE PRIVACY AND SECURITY OF PERSONAL INFORMATION, INCLUDING DATA PERTAINING TO STUDENTS OR MINORS UNDER THE AGE OF 18. YOU ACKNOWLEDGE THAT THE SITE MAY NOT BE APPROPRIATE FOR THE STORAGE OR CONTROL OF ACCESS TO SUCH DATA. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE, AS OFFERED, COMPLIES WITH FERPA.

Submissions must not include medical or health data (including medical records). We are not a medical provider and reliance on the Site is solely at your own risk. No information, suggestion, advice or communication (whether artificial intelligence generated or otherwise) obtained through the Site or affirmation by us, by words or actions, shall constitute medical advice. The information made available on or through our Site is for informational purposes only and should not be relied upon when making medical decisions or to diagnose a medical condition without the additional consultation of a medical provider. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT COVERED BY AND THEREFORE, ARE NOT COMPLIANT WITH, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND RELATED REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY APPLICABLE COMPLIANCE WITH FEDERAL OR STATE LAWS GOVERNING THE PRIVACY AND SECURITY OF PERSONAL INFORMATION, INCLUDING MEDICAL OR OTHER SENSITIVE DATA. YOU ACKNOWLEDGE THAT THE SITE MAY NOT BE APPROPRIATE FOR THE STORAGE OR CONTROL OF ACCESS TO SENSITIVE DATA, SUCH AS MEDICAL OR HEALTH INFORMATION AND “PROTECTED HEALTH INFORMATION” (ALSO KNOWN AS PHI) AS DEFINED UNDER HIPAA. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE, AS OFFERED, COMPLIES WITH HIPAA. WE DO NOT SIGN “BUSINESS ASSOCIATE AGREEMENTS” AND YOU ACKNOWLEDGE THAT WE ARE NOT A BUSINESS ASSOCIATE, SUBCONTRACTOR, OR AGENT OF YOURS PURSUANT TO HIPAA.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

15. Feedback

If you provide us any suggestions, ideas, proposals, comments, feedback or other information (“Feedback”), whether related to the Site or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section and that your Feedback, and your provision of Feedback through and in connection with the Site, do not violate any terms or conditions of this Agreement, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third-party.

16. Site Use

Subject to all limitations and restrictions contained in this Agreement, Company grants you a limited, revocable, nonexclusive license to use the Site for the purpose of evaluating, licensing, integrating, and operating the SDK in accordance with Section 13, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use except as Section 13 expressly permits. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at the discretion of Company and Company may terminate your use of the Site at any time.

17. Unacceptable Use

You shall not, and shall not permit anyone else to:

• transfer, license, assign, distribute, translate, reverse engineer, decompile, disassemble, or modify the Site or the SDK, except as Section 13 expressly permits;
• duplicate the Site or portions thereof;
• directly or indirectly sell, rent, lease, or exploit the Site other than as expressly provided herein;
• copy any features, functions, look and feel or graphics of the Site unless permitted herein;
• interfere with the integrity or performance of the Site;
• send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute, consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from us. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
• use or access the Site for any purpose that is unlawful or prohibited by this Agreement;
• use or access the Site in a manner that could damage, disable, overburden, or impair the server hosting the Site or the networks connected to any server hosting the Site;
• interfere with any third-party’s use and enjoyment of the Site;
• attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Site through hacking, password mining or any other means;
• post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, cancelbots, file or program that is or is potentially harmful or invasive or intended to damage, destroy, disrupt, impair or hijack the operation of a computer’s functionality or the operation of our (or anyone else’s) Site, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
• extract, reconstruct, or seek to extract or reconstruct, underlying models, prompts, algorithms, training data, or system architecture of the Site or the SDK;
• use the Site or the SDK to develop or enhance a competing PDF SDK, library, or API or to replicate the core functionality of the Site or the SDK;
• use any AI feature of the Site to process, generate, or infer sensitive personal information, including special categories of personal information;
• rely on output generated by any AI feature of the Site to make (i) healthcare decisions, medical diagnosis, patient care, therapy, mental health, or other medical guidance, (ii) decisions related to health, life, property, disability, or other types of insurance underwriting, claims processing, or coverage decisions, (iii) financial decisions, including investment advice, loan approvals, and determining financial eligibility or creditworthiness, (iv) decisions about the employability of individuals, resume screening, hiring tools, or other employment determinations, (v) decisions regarding eligibility for housing, including leases and home loans, (vi) decisions related to standardized testing, school admissions (including evaluating, scoring or ranking prospective students), language proficiency, or professional certification exams, or (vii) legal decisions or determinations producing legal or similarly significant effects;
• post content that is obscene, indecent, pornographic, violent, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, objectionable or embarrassing to any other person or entity (as determined by us, in our sole discretion);
• engage in behavior through the Site that is intended to harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law;
• post content that contains SPAM links to other websites or individuals;
• impersonate another business, person or entity, including Company, its related entities, employees, and agents;
• violate any policy posted on the Site or on any third-party platform (e.g., social media platforms); or
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. This does not restrict access to documentation files that we publish for machine consumption, such as llms.txt.

Further, you may not access or use the Site or the SDK if you are a competitor of Company or for the principal purpose of monitoring availability, performance or functionality, or publishing benchmarks or comparisons without our prior written consent.

We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Site.

18. Compliance with Laws

You may use the Site only for lawful purposes. The Site and use of our services is subject to, and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Site. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us. You further agree that information provided by you is truthful and accurate to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current, or incomplete, in addition to any other rights we may have under applicable law or this Agreement, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

19. Non-United States Use & Restrictions

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that the Site is appropriate or available for use in other locations. By visiting the Site and using any services provided through the Site, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government’s lists of prohibited and restricted parties. You are responsible for ensuring that your Customer Applications do not make the SDK available to such persons or countries.

20. Third-Party Websites

Any links contained on the Site are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the reader. If, in your interactions with the Site, you are linked or directed to, or click on, a third-party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third-party website, content that may be offered on such third-party website, or of any products or services provided by such third-party. We do not control, nor are we responsible for, such third-party website, product or service offerings. As such, we urge that you exercise caution before providing them with your information and to review the third-party’s policies and procedures.

You should contact the website administrator for such third-party website if you have any complaints, claims, concerns or questions regarding such third-party website or its privacy practices.

21. Indemnification

To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold Company and our partners, employees, and affiliates, and our respective successors and assigns, harmless from and against any and all claims, demands, causes of actions, debt, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees), to the extent that such action is based on, arises out of, or relates to (a) your violation of this Agreement; (b) your use of (or inability to use) the Site or the SDK; (c) any breach of your representations and warranties set forth in this Agreement; (d) your violation of the rights of a third party, including but not limited to intellectual property rights; (e) any harmful acts or other activities of yours accomplished using our services or the Site; (f) your Customer Applications and Customer Content; and (g) any claim by an End User arising from a Customer Application. Notwithstanding the foregoing, we reserve the right, at our option and at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

22. Disclaimer

THE INFORMATION ON THE SITE AND THE SDK ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SITE AND THE SDK IS AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS LICENSORS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SDK WILL PRESERVE THE LAYOUT, FONTS, OR FIDELITY OF ANY PARTICULAR DOCUMENT, OR THAT BETA OR EARLY ACCESS FEATURES WILL BE COMPLETE, STABLE, OR CONTINUED. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT ANY ARTIFICIAL INTELLIGENCE (“AI”) RELATED SERVICES, WHEN AVAILABLE, INCLUDING ANY AI INTEGRATION THAT YOU CONFIGURE WITH YOUR OWN PROVIDER, OR OUTPUT DEVELOPED FROM THE USE OF AI (“WORK OUTPUT”) IS SUBJECT TO THE FOLLOWING: (1) WORK OUTPUT MAY NOT ALWAYS BE ACCURATE AND MAY CONTAIN MATERIAL INACCURACIES EVEN IF THEY APPEAR ACCURATE BECAUSE OF THEIR LEVEL OF DETAIL OR SPECIFICITY; (2) ACTIONS MAY NOT BE ERROR FREE OR OPERATE AS YOU INTENDED; (3) YOU SHOULD NOT RELY ON ANY WORK OUTPUT WITHOUT INDEPENDENTLY CONFIRMING THEIR ACCURACY; (4) THE WORK AND WORK OUTPUT MAY NOT REFLECT CORRECT, CURRENT, OR COMPLETE INFORMATION; (5) NOTHING IN THIS AGREEMENT PREVENTS SIMILAR OR IDENTICAL PROMPTS OR WORK OUTPUT FROM BEING INDEPENDENTLY SUBMITTED TO OR GENERATED BY AI AND, AS SUCH, WORK OUTPUT MAY NOT BE UNIQUE AND OTHER USERS MAY RECEIVE SIMILAR OUTPUT FROM AI RELATED SERVICES AND (6) WORK OUTPUT MAY CONTAIN CONTENT THAT IS INCONSISTENT WITH OUR VIEWS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

23. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF DATA, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SERVICES, THE SITE, THE SDK, YOUR USE OF OR INABILITY TO USE THE SITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT OR THE SERVICES IS TO CEASE ALL OF YOUR SITE USE.

These limitations of liability shall apply even if a limited remedy fails of its essential purpose. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the Site, or from any third party websites, including from any Virus that may be transmitted in connection therewith, or any other matter arising from or relating to the Site. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then Company’s liability arising in connection with the Site, or under this Agreement whether in contract, tort (including without limitation negligence, strict liability and other actions in contract or tort) or otherwise, shall not exceed, under any circumstances, fifty dollars ($50). THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

24. Termination

Company may terminate this Agreement or the Site, or your access to the Site (including blocking certain IP addresses, disabling licence keys) at any time, or any portion thereof, with or without notice, for any reason. Upon any such termination or suspension, your right to use the Site and our services will immediately cease, the licence in Section 13 ends, and you must stop distributing the SDK in new releases of your Customer Applications, and we may, without liability to you or any third-party, immediately deactivate or delete all associated materials, without any obligation to provide any further access to such materials. For paid plans terminated other than for your breach, we will make your account data available for export for thirty (30) days after termination. Termination of this Agreement shall not limit Company from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under this Agreement. Any provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive the termination or expiration of this Agreement and continue in full force and effect thereafter.

25. Applicable Law and Jurisdiction

You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Company or its affiliates.

The parties agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state and federal courts located in the state of New York, County of New York, with respect to such matters.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.

26. Jury Trial Waiver

YOU AND COMPANY ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT ONE THAT MAY BE WAIVED. AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, YOU AND COMPANY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT.

27. Arbitration

The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement (including the validity or breach thereof) shall be settled by arbitration, to be conducted by a single arbitrator in New York, New York, by and in accordance with the then effective commercial rules of the American Arbitration Association or JAMS. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence or result of any arbitration proceeding without the prior written consent of the other party.

28. Notices

Company may give notice by means of a notification on the Site or through electronic mail to your e-mail address on file with Company, or by written communication sent by first class mail or pre-paid post to your address on file with Company. You may give notice to Company at any time by e-mailing company at our contact e-mail provided in Section 35 below. All notices shall be deemed to have been given five days after emailing or mailing if sent by first class mail. Any notice of material breach shall clearly define the breach including the specific contractual obligation that has been breached.

29. Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

30. Waiver

The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.

31. Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

32. Support

Email and chat support are available on all plans, including the Free Plan, through the channels listed on the Site. Support covers integration of the SDK as documented; it does not cover development of your Customer Application. Unless an Order Form says otherwise, we do not commit to response or resolution times. Enterprise support terms are set in the applicable Order Form.

33. Publicity

Neither party will use the other party’s name, logo, or trademarks in marketing materials, customer lists, or public statements without the other party’s prior written consent. You may state that your Customer Application uses the SDK.

34. Entire Agreement

This Agreement constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. If you have signed an Order Form or a separate agreement with Company, that document prevails over this Agreement to the extent of any conflict. You agree that this Agreement will not be construed against us by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

35. Contact Information

In order to resolve a complaint regarding the Site, to receive further information regarding use of the Site, or questions about this Agreement or our company, please contact us at:

PDF Dot Net LLC
1875 Century Park E, Los Angeles, CA 90067
legal@pdf.net

Our retention periods are described in our Data Retention and Deletion Policy.