Effective Date: July 26, 2025
Welcome to PDF Enhance. These Terms of Service ("Terms") govern your access to and use of the websites, services, and applications offered by PDF Enhance ("PDF Enhance", "we", "us", or "our"), including the website at pdfenhance.com and its subdomains, and the PDF Enhance mobile application (collectively, the "Services").
By accessing or using our Services, you are entering into a legally binding agreement with PDF Enhance. You acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you must not access or use the Services.
IMPORTANT ARBITRATION NOTICE FOR U.S. USERS: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTIONS) TO RESOLVE ALL DISPUTES WITH PDF ENHANCE THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN A COURT OF LAW. PLEASE CAREFULLY REVIEW SECTION 9, "GOVERNING LAW AND DISPUTE RESOLUTION," FOR DETAILS.
Our Services provide a platform designed to offer document and image enhancement (e.g., sharpening text, cleaning backgrounds, improving clarity of scans and photos). The scope and nature of the Services may change from time to time at our sole discretion.
a) Ownership. All materials within the Services, including but not limited to text, graphics, images, logos, trademarks, and software (the "PDF Enhance Content"), are the exclusive property of PDF Enhance or its licensors and are protected by copyright, trademark, and other intellectual property laws. PDF Enhance reserves all rights not expressly granted in these Terms.
b) Limited License and Restrictions. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use, strictly in accordance with these Terms. This license does not include any right to: (i) sell, resell, or commercially exploit the Services or PDF Enhance Content; (ii) copy, reproduce, distribute, or publicly display any PDF Enhance Content; (iii) modify the Services or create derivative works thereof; (iv) reverse engineer or attempt to extract the source code of our software; (v) transfer or sublicense any rights granted hereunder; or (vi) use the Services for any purpose other than their intended purpose. Any unauthorized use of the Services will result in the immediate termination of the license granted herein.
We are committed to maintaining a safe and respectful environment. You agree not to engage in any conduct that is unlawful, harmful, or otherwise objectionable. This includes, but is not limited to, harassment, bullying, or stalking. We encourage you to report any content or behavior that violates these principles by contacting us at xciris2024@gmail.com.
You agree to defend, indemnify, and hold harmless PDF Enhance, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or in any way connected with (a) your access to or use of the Services, or (b) your breach or violation of these Terms.
Your privacy is important to us. Our Privacy Policy details how we collect, use, and disclose your personal information. By using the Services, you consent to the data practices described in our Privacy Policy.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PDF ENHANCE OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL PDF ENHANCE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO PDF ENHANCE FOR USE OF THE SERVICES OR TEN DOLLARS ($10). THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PDF ENHANCE.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.
b) Governing Law. These Terms and any related action will be governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to its conflict of laws principles.
c) Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org.
d) Class Action Waiver. YOU AND PDF ENHANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.
e) Exceptions. As limited exceptions, either party may: (i) seek to resolve a qualifying Dispute in small claims court; or (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the infringement or misappropriation of its intellectual property rights.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other means. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.
We may, at our sole discretion, suspend or terminate your access to the Services at any time, with or without notice. You may cancel your account by contacting us at xciris2024@gmail.com. The following sections shall survive any termination: 2(a), 4, 6, 7, 9, and 12.
a) Entire Agreement. These Terms, along with the Privacy Policy, constitute the entire agreement between you and PDF Enhance regarding the Services and supersede all prior agreements.
b) Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
c) No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
d) Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms.
If you have any questions about these Terms, please contact us at: xciris2024@gmail.com.