Terms of Service
1. Preamble
These Terms of Service ("Terms") apply to the relationship between the customer subscribing to the services ("Customer") and pdfme ("Company"), the operator of pdfme Cloud. These Terms set forth the conditions, rights, restrictions, and obligations for using the pdfme Cloud service, as detailed herein.
2. Definitions
- User Account: A Company-hosted or -administered account provided to the Customer for the purpose of enabling such Customer to use the Service.
- Service: The Web API and template editor as described on our website.
- Service Plan: The type of Service provided by the Company. Services are provided under different labels (e.g., "Basic", "Premium", "Enterprise"), each designating a particular Service Plan with different prices and features. For detailed information about our Service Plans, please visit our pricing page.
- Customer Data: Any data, information, or material provided or submitted by the Customer to the Service in the course of using the Service.
3. Agreement Formation
The agreement between Company and Customer is considered concluded from the moment the Customer starts using the Service. These Terms also apply to any free trial period.
4. Service
Company hereby grants Customer a non-transferable, non-exclusive subscription right to use the Service. The Company will use commercially reasonable efforts to provide the Service to the Customer in accordance with the Customer's Service Plan.
The Customer acknowledges that:
- (i) the Service has not been designed to meet their individual requirements;
- (ii) the operation of the Service may encounter technical issues and may not be uninterrupted or error-free;
- (iii) the Service is provided on an "as is" and "as available" basis.
4.2 Support and Maintenance
The Company provides customer support via email and maintains the Service with regular updates. Scheduled maintenance will be communicated to Customers in advance. For more information about our customer support, please visit our contact page.
5. Fees and Billing
The service fee depends on the Service Plan chosen by the Customer (Basic, Premium, or Enterprise). Payment is made through the payment solution on the Company's website. For detailed information about our pricing and plans, please visit our pricing page.
The default billing cycle is 30 days, starting on the day following the subscription to the respective Service Plan or the expiry of any free trial period.
The Company reserves the right to change the fees by giving at least 30 calendar days' notice. If the Customer does not agree with the new fees, they have the right to cancel the Service by giving 10 calendar days' notice.
5.1 Late Payments
If the Customer fails to pay the fees when due, the Company reserves the right to suspend or terminate the Service after providing written notice and a grace period of 7 days.
6. Customer Obligations
The Customer must:
- Provide true, accurate, and up-to-date information during the sign-up process.
- Comply with all applicable laws, regulations, and ordinances in their use of the Service.
- Ensure that any person subscribing on behalf of the Customer has the authority to bind the Customer to these Terms.
6.1 Prohibited Uses
The Customer shall not:
- Use the Service to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.
7. User Account Management
The Customer is responsible for:
- Maintaining the confidentiality of their username and password.
- All actions performed using their username or password.
- Any consequences of use or misuse of their username or password.
8. Technical Developments
The Company has the right to change the functionality of the Service. If the Customer does not agree with functional changes, they have the right to cancel the Service by giving at least 60 calendar days' written notice.
9. Intellectual Property
All Service-related Intellectual Property belongs to the Company. The Customer shall not acquire any right, title, or interest in this Intellectual Property.
9.1 Customer Data
The Customer retains all rights and ownership of their Customer Data. The Company does not own any Customer Data. The Customer grants the Company a license to host, copy, transmit and display Customer Data as necessary for the Company to provide the Service in accordance with this Agreement.
10. Confidentiality and Data Security
The Company ensures secure storage of confidential data and personal data entered through the Service. However, the Company is not responsible if confidential information becomes known to third parties due to the activities of User Account users.
10.1 Data Security Measures
The Company implements and maintains appropriate technical and organizational measures to protect Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, or disclosure.
10.2 Data Backup
The Company performs regular backups of Customer Data. In the event of any loss or damage to Customer Data, the Company will use reasonable efforts to restore the lost or damaged Customer Data from the latest backup.
11. Termination
Either party may terminate this agreement with 30 days' written notice. Upon termination, the Customer's right to use the Service will immediately cease.
11.1 Data after Termination
Upon request by the Customer made within 30 days after the effective date of termination, the Company will make Customer Data available to the Customer for export or download. After that 30-day period, the Company will have no obligation to maintain or provide any Customer Data and may delete or destroy all copies of Customer Data in its systems or otherwise in its possession or control.
12. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability for any claims under these Terms is limited to the amount paid by the Customer for the Service during the 12 months preceding the claim.
12.1 Indemnification
The Customer agrees to indemnify and hold harmless the Company from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the Customer's use or misuse of the Service, violation of these Terms, or infringement by Customer or any third party using the Customer's account of any intellectual property or other right of any person or entity.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
14. Changes to Terms
The Company reserves the right to modify these Terms at any time. We will notify Customers of any significant changes. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.
15. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms where such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
16. Privacy Policy
The Company's privacy practices are set forth in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the collection, use, and sharing of your information as set forth in the Privacy Policy.
17. Entire Agreement
These Terms constitute the entire agreement between the Customer and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the Service.
18. Additional Legal Information
For information required under the Act on Specified Commercial Transactions in Japan, please refer to our Specified Commercial Transaction Act page.