Zürich, January, 2020. Replaces the prior versions in their entirety.
These terms govern your use of our website or services such as Smallpdf, Smallpdf.com, Smallpdf PRO, Smallpdf Reader, Smallpdf Desktop, Smallpdf Mobile (collectively, “Services”) and software that we include as part of the Services, including any applications, User Files (as defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed further in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services. By using our services, you may upload or otherwise provide files and information and process such files and information (“User Files” whether originally provided by you or processed by using our services) to us.
Your relationship is with Smallpdf AG, a company incorporated under the laws of Switzerland, with its registered offices at Steinstrasse 21, 8003 Zürich, Switzerland, and the Services and Software are governed by the laws of Switzerland.
The Privacy Notice governs any personal data you provide to us. By using the Services or Software you agree to the terms of the Privacy Notice.
Whilst using the Services, you will share information with Smallpdf about how you use our desktop application. This shared information is associated with your Smallpdf account and allows us to provide you with a more personalized experience, and helps us improve product quality and features.
We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
Subject to your compliance with these terms and the law, you may access and use the Services.
We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. You are especially not allowed to resell any of our products, Software and/or Services.
We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failures and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.
You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (c) improve our Services and (d) enforce these terms.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
You must use the Services responsibly.
Children under 16 are not allowed to use Smallpdf Services. If you are based in the European Economic Area or in any country with similar regulation, you may only use Smallpdf Services if you are over the age at which you can provide consent to personal data processing under the laws of your country or if verifiable parental consent for your use of our Services has been provided to us. If you are a parent and you learn that your child is using our Services and you don’t want them to, please contact us.
You must not misuse the Services, Software, or content that we provide to you as part of the Services or Software. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
(b) enable or allow others to use the Service, Software, or content using your account information;
(c) use the content or Software included in the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(i) attempt to disable, impair, or destroy the Services, software, or hardware;
(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(l) place advertisement of any products or services in the Services except with our prior written approval;
(m) use any data mining or similar data gathering and extraction methods in connection with the Services;
(n) violate applicable law; or
(o) encrypt or protect files in countries where this is prohibited
Our current fees and prices for our services can be found under https://smallpdf.com/pro. Our fees and prices are subject to change. If we change the fees and prices, we will inform on the new fees and prices one month in advance on the mentioned website or by contacting you via email. If you do not want to accept the new fees and prices, you may terminate the Services/this Agreement within this month over your account page or by contacting us via email or in writing.
If you buy any of our paid Services, you agree to pay us the applicable fees, any applicable taxes and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees of third parties you have engaged. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
We will automatically bill the membership fee to your plan, price and payment method selected until your subscription is cancelled or terminated. If you do not terminate your subscription, it will be automatically renewed.
You and Smallpdf may cancel or terminate your subscription at any time. Any cancellation will take place from the next billing period, i.e. any cancellation will only cancel future billings. We do not provide refunds except in cases requested by mandatory law or where otherwise explicitly communicated to you. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
The free trial shall last for the period mentioned on the website. After this free trial, the regular price will be charged with your selected payment method. You will be required to submit your payment information if you sign up for a free trial, to allow automatic payments once the free trial period finishes. If you do not wish to continue our service once the free trial ends you must cancel the service within the free trial period. You are able to cancel the free trial on your account page.
The free trial only applies to new customers and may not be available for all services, regions, countries or currencies. Smallpdf reserves the right to remove or cancel the free trial offer at any time without any reason.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
The Services and Software are provided “AS-IS”. To the maximum extent permitted by law, we disclaim and exclude any and all warranties express or implied, including the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim and exclude any and all warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
Smallpdf does not guarantee that the electronic signature provided through its eSign tool is legally binding in your country or under the laws of the country governing the legal transaction that is the purpose of the signing process. Smallpdf further disclaims any liability for contracts that are not closed, lost or signed out of time due to the usage of the eSign tool. We also do not guarantee that we have saved a copy of your contract.
Our storage functionality is available cross-platform. We can’t promise that stored files will always appear to or be accessible by you. You should always have a copy of your document saved on your own device. We are not responsible for lost documents and cannot be held liable for any loss.
Smallpdf is not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
Smallpdf’s total liability in any matter arising out of or related to these terms is limited to CHF 100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is higher. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
If you do not want to accept new fees and prices, you may terminate the Services/this Agreement as stated above in section 6.1.
Smallpdf may terminate the Service/this agreement at any time. If we terminate these terms for reasons other than for cause, then we will make a reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. We may, at any time, terminate your right to use and access the Services or Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(e) there has been an extended period of inactivity in your free account.
Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
We may access or disclose information about you, or your use of the Services, (a) when it is required by law; (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Smallpdf must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you or Smallpdf may assert claims before the courts of the Canton of Zürich, Switzerland.
If you or Smallpdf decide to resort to arbitration as per the foregoing paragraph, the Swiss Chambers’ Arbitration Institution will administer the arbitration in Zürich under the Swiss Rules of International Arbitration. There will be one arbitrator that you and Smallpdf both select. The arbitration will be conducted in the English language. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
We may modify these terms or any additional terms that apply to a Service or Software in order to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.
The English version of these terms will be the version used when interpreting or construing these terms.
You may send notices to us at the following address: Smallpdf AG, Steinstrasse 21, 8003 Zürich, Switzerland.
We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
You may not assign or otherwise transfer these terms, or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
Our failure to enforce or exercise any of these terms is not a waiver of that section.