Cloudmersive Terms of Service
Thank you for using Cloudmersive's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Cloudmersive products or services, then the terms for those other products or services also apply.
Under the Terms, "Cloudmersive" means Cloudmersive, LLC, 8 The Green, Suite A, Dover, DE 19901, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Cloudmersive" as "we", "our", or "us" in the Terms.
Section 1: Account and Registration
a. Accepting the Terms
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Cloudmersive, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
b. Entity Level Acceptance
If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Cloudmersive will always be accurate and up to date and you'll inform us promptly of any updates.
d. Subsidiaries and Affiliates
Cloudmersive has affiliated legal entities around the world. These companies may provide the APIs to you on behalf of Cloudmersive and the Terms will also govern your relationship with these companies.
Section 2: Using Our APIs
a. Your End Users
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
b. Compliance with Law, Third Party Rights, and Other Cloudmersive Terms of Service
You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Cloudmersive (or its affiliates).
c. Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Cloudmersive assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
d. API Limitations
Cloudmersive sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Cloudmersive's express consent (and Cloudmersive may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Cloudmersive API team for information (e.g. by using the Cloudmersive administrator console).
e. Open Source Software
Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Cloudmersive for the applicable open source software.
f. Communication with Cloudmersive
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
The Terms are non-exclusive. You acknowledge that Cloudmersive may develop products or services that may compete with the API Clients or any other products or services.
Section 3: Your API Clients
a. API Clients and Monitoring
The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT CLOUDMERSIVE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE CLOUDMERSIVE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Cloudmersive accessing and using your API Client, for example to identify security issues that could affect Cloudmersive or its users. You will not interfere with this monitoring. Cloudmersive may use any technical means to overcome such interference. Cloudmersive may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
Cloudmersive does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
d. User Privacy and API Clients
Section 4: Prohibitions and Confidentiality
a. API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to):
Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to Cloudmersive products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
Remove, obscure, or alter any Cloudmersive terms of service or any links to or notices of those terms.
Unless otherwise specified in writing by Cloudmersive, Cloudmersive does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Cloudmersive unless you have received prior written consent to such use from Cloudmersive.
Perform load testing on Cloudmersive services.
Perform penetration testing on Cloudmersive services.
b. Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
Our communications to you and our APIs may contain Cloudmersive confidential information. Cloudmersive confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Cloudmersive's prior written consent. Cloudmersive confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Cloudmersive confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
Section 5: Privacy and Copyright Protection
a. Cloudmersive Privacy Policies
By using our APIs, Cloudmersive may use submitted information in accordance with our privacy policies.
b. Cloudmersive DMCA Policy
We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can contact us via the Contact Us web page.
Section 6: Termination
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Cloudmersive with prior written notice and upon termination, cease your use of the applicable APIs. Cloudmersive reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API. Cloudmersive may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
d. Cancellation for Subscriptions Purchased with a Credit Card
You may cancel subscriptions purchased with a credit card through the Cloudmersive website at any time by clicking on Subscriptions > Manage > Cancel and completing the requested information. If cancelled, your subscription will remain active for the rest of the current subscription term. Cloudmersive subscriptions purchased with a credit card aren’t refundable - see Refund Policy for more information.
Section 7: Liability for our APIs
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER CLOUDMERSIVE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, CLOUDMERSIVE, AND CLOUDMERSIVE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLOUDMERSIVE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, CLOUDMERSIVE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, you will defend and indemnify Cloudmersive, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
your misuse or your end user's misuse of the APIs;
your violation or your end user's violation of the Terms; or
any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 8: General Provisions
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Cloudmersive account website. Changes will not apply retroactively and will become effective immediately after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
b. General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Cloudmersive does not take action right away, this does not mean that Cloudmersive is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Cloudmersive relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Cloudmersive, please visit our contact page.
Except as set forth below: (i) the laws of Delaware, U.S.A., will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DELAWARE, USA, AND YOU AND CLOUDMERSIVE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
c. Online Billing
At the end of the applicable Fee Accrual Period or as otherwise stated by Cloudmersive in the Cloudmersive administrator console, Cloudmersive will issue an electronic bill to Customer for all charges based on Customer's use of the Services during the applicable Fee Accrual Period (including, if applicable, the relevant Fees for TSS). Customer will pay all Fees in the currency stated in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment accepted by Cloudmersive, Cloudmersive will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Cloudmersive agrees), all Fees are due as stated in the invoice. Customer's obligation to pay all Fees is non-cancellable. Cloudmersive's measurement of Customer's use of the Services is final. Cloudmersive has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Cloudmersive.
Cloudmersive’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If Cloudmersive has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Cloudmersive will invoice Customer and Customer will pay that amount unless Customer provides Cloudmersive with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Cloudmersive is solely responsible for taxes assessable against it based on its income, property, and employees.
Customer will provide Cloudmersive with any applicable tax identification information that Cloudmersive may require under applicable law to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions.
e. Delinquent Payments; Suspension
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Cloudmersive in collecting such delinquent amounts. Further, if Customer's payment for the Services is overdue, Cloudmersive may Suspend the Services.
f. No Purchase Order Number Required
Customer is obligated to pay all applicable Fees without any requirement for Cloudmersive to provide a purchase order number on Cloudmersive's invoice (or otherwise).