Terms of use

By using https://pdfgate.com and its related Services (as defined below) you agree to be bound by the present terms of service (the “Terms”) and the Agreement (as defined below).

The Services are provided by Verciltech LTD, a company incorporated and existing under the laws of Cyprus with registered office at Everest 13, Office 202, Limassol, Cyprus (the “Company”, “we”, “us” or “our”).

The present Terms and the Privacy Notice found on our website shall constitute the entire agreement between yourself and the Company (the “Agreement”).

If you, as a Customer, process personal data through our Services, the Data Processing Agreement (DPA)  applies and forms an integral part of this Agreement.

The services offered by the Company and made available through https://pdfgate.com (the “Website”), include a Software as a service platform (SaaS) to generate, process, store and manage PDF documents, create and manage digital signature envelopes, send documents to recipients for signature, and other features or content as now offered and/or may be offered in the future, in connection with the Website (collectively referred to as the “Services”). These Terms set the legally binding terms for using the Services.

The Company shall choose, at its sole discretion, the equipment, tools, system, software and hardware to be used in order to provide you with the Services. The Services shall be provided through the Company's servers and/or third party's external servers or cloud-based server services, to be determined by the Company at its sole discretion.

Subject to your payment of applicable fees based on your Paid Subscription (as defined below), customer support services in connection with the Services shall be provided to you from time to time remotely via email and/or online chat, at the Company's sole discretion. Without derogating from any provision herein, any support services provided to you by the Company are provided “as is” and on an “as available basis” and any implementation thereof by you shall be made at your own risk and responsibility.

The Company shall use best commercially efforts to make the Services available 24 hours a day, seven days a week, except for: (a) planned maintenance carried out by the Company during its business hours; and (b) unplanned maintenance performed within or outside the normal business hours of the Company, as determined by the Company at its sole discretion, provided that the Company has used reasonable endeavors to give you prior notice.

By using the Services, you represent that: a) you are the age of majority in your jurisdiction (for natural persons); b) your use of the Services does not violate any applicable law or regulation; c) all required information that you submit or post in order to use the Services is accurate and you will maintain the accuracy of the information at all times. If the Company is informed or has reason to believe that you are not eligible to use the Services or that you become ineligible, your use may be suspended or terminated without notice and your account may be suspended, blocked and/or deleted, at the Company's sole discretion.

Notwithstanding anything to the contrary, the Company reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, at the Company's sole discretion.

The Company expressly reserves the right to change the pricing of any of its Paid Subscriptions (as defined below) and/or to charge you, in the future, for Services which are currently/or might be available for free. The Company will not charge you for using the Services, before receiving your consent, however the Company reserves the right to terminate your account after the expiry of the already Paid Subscription with the Company and/or your use of the Services, in whole or in part, should you refuse to provide such consent and payment if and when so required.

In order to use certain Services you will be required to register. The Company reserves the right to decide which Services require registration or will require registration in the future. If you decide to register for the Services, you must provide certain information about yourself or the entity you represent to the Company (as further elaborated below) and create an account.

In the course of the registration process you will be required to provide information regarding, but not limited to, your full name, e-mail address, as well as the name, postal address and other basic information of the organization on behalf of which you are acting, and/or other information.

In addition, you will also be required to provide financial information such as credit card information. Credit cards should be eligible for offline payments otherwise the payments cannot be settled. This process as well as the clearing process shall be made through a secured website of a reputable third party service provider of the Company. Any such financial information shall be used only to bill you for the Services you purchased and/or used. The Company shall treat such information in accordance with its Privacy Policy.

Once you register, you represent and warrant that all information that you submitted during the registration is accurate and truthful, and that you agree to update and maintain the accuracy of such information at all times. You further represent and warrant that your use of the Services shall not violate any applicable law or regulation. The Company reserves the right to suspend or terminate the account and/or any or all use of the Services of a registered user if registration information submitted seems (in its sole discretion) or proves to be false, inaccurate or incomplete. The registration process also requires you to create an account by providing an email and a password. The Company will, in accordance with its Privacy Policy, keep your sign-in credentials confidential, However, you are responsible for maintaining the confidentiality of your sign-in credentials and for logging out of your account at the end of each session. You are solely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your user name and/or password and/or of your account or any other breach of security, you will notify the Company immediately.

Registration of more than one account for the purpose of avoiding additional fees and/or any other unauthorized purpose is prohibited.

The Company may provide you with limited access to certain functionalities of the Service on a trial basis at no charge for 14 days from the date of your registration, or such other time period as the Company may agree to in writing in our sole discretion (collectively your “Free Trial”).

We reserve the right to modify, cancel and/or limit the functionalities available via the Free Trial, at our sole discretion, without notice at any time.

At the lapse of the Free Trial period, if you do not register for a Paid Subscription (as defined below), your account will be deactivated.

Please note that upon the end of your Free Trial, if you do not purchase a Paid Subscription (as defined below), you may lose access to all data stored on the Service, including but not limited to subscription packages, account settings and any interfaces to third party services that the Company may provide.

The Company offers several auto-renewed Paid Subscriptions, each include a specified number of PDF document operations, storage, digital signature usage, and certain platform features, that may be used by you in each Subscription Period (as defined below) (the “Paid Subscriptions”). PDF document operations may include generating, uploading, processing, transforming, protecting, compressing, watermarking, flattening, extracting data from, delivering, and deleting PDF documents or files. Unless otherwise provided in writing by the Company, subscription periods are monthly or annual, and shall be renewed automatically for a consecutive month or year each time, unless you cancel your subscription through the platform and cease using the Service (the “Subscription Period(s)”). Our price list, as amended from time to time, for each Paid Subscription per Subscription Period is available through the Website (the “Services Fees”). Any overages shall be charged separately as further provided below. Once you have entered into a Paid Subscription, we will automatically charge you at the beginning of each applicable Subscription Period for the upcoming Subscription Period, unless you cancel your subscription and cease using the Services.

You hereby authorize us (or a billing agent acting on our behalf) to charge you the applicable Service Fees using your credit card (unless other payment method was expressly agreed to in writing between the parties hereto).

Services Fees are non-refundable. Under each Paid Subscriptions, you are responsible to pay all Services Fees for the entire Subscription Period - even if you terminated your subscription and/or ceased using all or part of the Services during such Subscription Period.

The prices set forth in this Agreement are the net amount exclusive of any taxes. All taxes, duties and tariffs, including, without limitation, sales, excise, value added, use, withholding, import/export and similar charges in connection with the Services and/or these Terms shall be added and borne exclusively by you.

Digital signature usage may be subject to separate fees, usage limits, or overage charges according to the applicable Paid Subscription, the current price list available through the Website, or any separate written agreement between you and the Company. Unless otherwise stated, incomplete signatures that are not completed before an envelope expires are not charged.

Your Paid Subscription will remain in effect until it's cancelled or terminated under these Terms.

The Paid Subscriptions can be cancelled at any time. The cancelled account will remain active until the Paid Subscription period ends. If you as a user initiate any overage API requests the last month of your subscription, you will still be charged the first day after your Paid Subscription ends.

If a payment fails to be settled, an email will be sent to the user in order to provide sufficient funds to their credit card or to provide a different credit card in their billing information. A second attempt of the payment will take place three days thereafter. If the second attempt fails again, a third attempt will take place four days thereafter. If the third attempt fails, the account will become deactivated and the user won't be able to re-activate their account unless he pays throught the platform the due amount. So the grace period for failed payments is seven days.

Unless otherwise stated, all Services Fees are stated in, and shall be paid in, United States dollars.

We may revise the Services Fees at any time, or impose additional fees or charges. If you are on a Paid Subscription, we will do this by providing you with at least 7 days’ notice prior to the next charge. Unless otherwise expressly agreed to in writing, any discounts applied to a certain Subscription Period do not apply to other Subscription Periods.

We reserve the right to charge any applicable overage fees if you exceed the maximum allowed by your Paid Subscription in any given Subscription Period. Fees for overages for each Paid Plan are as specified in our current price list as amended from time to time.

You may upgrade your Paid Subscription at any time via the platform. If you upgrade your Paid Subscriptions during a Subscription Period, you will immediately be charged according to the then-current rate of the new Paid Subscription, in proportion for the remaining Subscription Period.

You are hereby granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website, and/or any other Services provided to you by the Company strictly in accordance with these Terms, the Privacy Policy and/or any other agreement between you and the Company, and solely for internal, personal, non-commercial purposes.

This license does not include any right to perform collection, aggregation, copying, duplication, display or derivative use of the Website, and/or any other Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. you are not allowed to use any software, scripts or automated agents and Bots in a manner intended to mine data from the Website, and/or any other Services.

You will not (and you will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Company's technology, Website, and any of the Services and/or the work products thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Company technology, Website and/or the work products of the Services; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Company's technology, Website, and/or any of the Services; (iv) remove any proprietary notices or labels on pdfgate.com's technology Website, and/or the work products thereof or placed by the Services; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of pdfgate.com's technology, Website, and/or any of the Services; (vi) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is specifically provided by pdfgate.com in connection with the Services, unless You have been explicitly allowed to do so in a separate written agreement with the Company or (vii) engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to the Services).

You may not access the Website, and/or any other Services for the purpose of bringing an intellectual property infringement claim against pdfgate.com or for the purpose of creating a product or service which may be, directly or indirectly, competitive with the Website, and/or any other Services.

You will comply with all applicable laws and regulations in your use of and access to the Company's Website, and/or any other Services.

The Company strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Services to create, edit, post, upload, transmit or otherwise provide any content, information and/or data that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. You agree to abide by all applicable local, state, national and international laws and regulations, including but not limited to, any laws regarding the export of data or software. You are and shall remain solely responsible for all acts or omissions that occur under your account and/or in connection with your use of the Services, including, without limitation, in connection with the content, information and/or data that you create, edit, post, upload, transmit or otherwise provide through the Services.

Without derogating from the above, in the course of your use of the Services you are prohibited from performing any activity that the Company determines, in its sole discretion, to constitute network abuse.

The Company reserves the right to remove any content, information and/or data created, edited, posted, uploaded, transmitted or otherwise provided by you which deems to be in contrast with any of the terms set forth herein, in pdfgate.com’s sole discretion, and/or to take action against user who uses the Website, and/or any of the Services (or any of its functionalities) for offensive, illegal or harming purposes or otherwise not in full compliance with this Terms, including, but not limited to, suspending or terminating any or all use of the Services, in any way or manner, and/or terminating your account.

You shall own all rights, title and interest (or you shall otherwise acquire the required license or rights from any applicable third party), in and to all of the Customer Data (as defined below), and shall have the exclusive responsibility and liability for the Customer Data, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, content, completeness, availability and quality of the Customer Data.

You represent and warrant that you will not create, edit, store, process, post, upload, distribute or transmit, while using the Services, or otherwise make available through the Services, any Customer Data that: (i) is unlawful, harmful, threatening, defamatory, offensive, obscene, infringing, harassing or racially or ethnically offensive; and/or (ii) facilitates or relates to illegal activity; and/or (iii) depicts sexual content; and/or (iv) promotes or relates to unlawful violence; and/or (v) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; (vi) causes or may cause damage or injury to any person or property and/or (vii) relates to any third party under the age of 13.

You shall remain exclusively responsible for all acts or omissions in connection with the Customer Data that you create, edit, store, process, post, upload, distribute or transmit, while using the Services, or otherwise make available through the Services. You acknowledge, represent and warrant that: (i) the Company does not control or monitor, and is not responsible for the Customer Data that you make available through the Services; (ii) the Company reserves the right to remove any Customer Data which deems to be in violation with any of the terms set forth herein, at pdfgate.com's sole discretion, and take any action it deems appropriate, including without limitation, disabling, suspending or terminating the use of the Services, in any way or manner; (iii) pdfgate.com makes no representations or warranties as to the Customer Data, and all express, implied and statutory warranties in connection with the Customer Data, including without limitation with respect to the legality, reliability, authenticity, integrity, accuracy, content, completeness, availability and quality thereof, are all expressly disclaimed to the fullest extent permitted by law. You undertake to evaluate and bear all risks associated with the collection, storage, use, distribution of any such Customer Data and/or the provision to pdfgate.com and the transmission through the Services of any such Customer Data. Under no circumstances will pdfgate.com be liable in any way for any Customer Data or for any loss or damage of any kind incurred by you as a result of the use and/or distribution and/or the provision to pdfgate.com and/or the transmission through the Services of any Customer Data.

You hereby declare towards pdfgate.com that you legally acquired and/or own all right, title and interest, in and to all copies of the Customer Data and that You have the right to use, distribute, process, provide pdfgate.com and transmit through the Services such Customer Data. By using the Services, you give your consent to the Company, and grant pdfgate.com with a worldwide, royalty-free, and non-exclusive license, to collect such Customer Data, store such Customer Data in the Company's servers, third party's external servers or cloud services on which the Services operates, and to use such Customer Data in order to provide it with the Services.

By using the Website, and any of the Services, you give your consent to the Company, and grant the Company with a worldwide, royalty-free, and non-exclusive license, to collect, process and store such Customer Data in the Company's servers and/or in third party's external servers or to cloud services used by the Company, and the use of such Customer Data in order to provide you with the Services. You confirm and warrant that you have all the rights, power and authority to grant the above license.

You are responsible for configuring and managing the retention of your Customer Data through the Services. PDF files created, uploaded, transformed, or otherwise processed through the Services may be stored for up to two (2) years depending on the retention settings configured in your dashboard. Signed files and signature template documents are not automatically deleted by the platform and remain stored until you delete them manually through the dashboard or through the applicable delete endpoint. You are responsible for deleting Customer Data when it is no longer required and for ensuring that your retention settings and deletion practices comply with laws, regulations, contracts, and internal policies applicable to you.

For the purpose of this Section “Customer Data” shall mean, any and all data, information and/or content that you create, edit, post, process, upload, transmit or otherwise provide to pdfgate.com through the Website, and any of the Services (including data, information and/or content imported and/or transferred from you by pdfgate.com), either in the form of source code, text, image, video, link, PDF documents or other files, posted on, transmitted through, or linked from the Services, including and without limitation, any information/data of You and/or of other third parties, including any personal data related to Your clients or users or otherwise.

You must notify the Company in advance, at your sole responsibility, of any Customer Data (including, without limitation, any personal data) which is subject to any specific or special requirements under any applicable laws and/or regulations in connection with the Services to be provided by pdfgate.com hereunder (including, without limitation, in connection with the collection, storage and process of such Customer Data). If pdfgate.com will not comply with such rules or regulations, it may terminate its engagement under these Terms.

For the purposes of the Agreement the communication will mainly be electronic. You hereby acknowledge and agree that any communication of information to you required by applicable laws to be in writing in the context of the Agreement, shall be communicated to you via e-mail and you consent that such communication shall comply with any such legal requirement.

Unless otherwise expressly stated in these Terms, all notices from you to us must be communicated via email. Notices from us to you may be displayed through the Services from time to time, or, alternatively, we may seek to contact at either the email or postal address that you provided in the course of using the Services.

Any patent, trademark, copyright, registered design or other intellectual property right in all material or content supplied to you as part of the Services pursuant to these Terms or under any contract entered into between you and the Company, shall remain the property of the Company or the Company's licensors. The intellectual property rights found through the Services and all of the text, pictures, videos and other content made available through them are owned by us and our licensors. You may not print or otherwise make copies of any such content or material without our, or our licensor's express prior permission.

You agree to not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Services and you will not remove, obscure, or alter the trademarks or other proprietary rights, notices affixed to, contained within the Services.

Your use of the website is conditional on your compliance with the rules of conduct set forth in these Terms and you agree that you will not:

Under no circumstances shall the Company be liable for direct, indirect, incidental, punitive, exemplary, special, consequential or exemplary damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Website, the or any of the Services, including, without limitation, damages arise from use or misuse or reliance or inability to use the Website, or any of the Services or arise of any error or bug therein, and/or damages arise from the interruption, suspension, modification, alteration, or termination of the Website, or any of the Services - with respect to all - whether such liability arises from a claim based upon contract, tort or otherwise, and whether the Company has been advised of the possibility of such damages. such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website, or any of the Services or any links on the Website, as well as by reason of reliance on or use of any information or advice received through or advertised in connection with the Website, or any of the Services or any links on the Website. These limitations shall apply to the fullest extent permitted by law.

In addition, the Company will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, hosting services failure, other third parties' products or services failure, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.

The Company shall not be held responsible for any description of ads posted through the Services, for any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

Accordingly, to the extent legally permitted, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Notwithstanding the previous paragraphs, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you have paid through the Services for the 12 month period prior to the action giving rise to liability, and (b) 100 United States Dollars

The Company and its officers, employers, agents, representative are released from any liability in connection with any and all claims, demands and damages (actual and consequential) of any kind and nature, known or unknown, arising out of or in any way connected with a dispute between you and any seller or service provider through the use of the Services.

You will defend, indemnify and hold us and our respective subsidiaries, affiliates, officers, agents, employees, and representatives harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms, or your violation of any rights of a third party through use of the Services.

A person, either legal or natural, that is not a party to the Agreement, shall have no right to enforce any of its terms.

The Agreement shall be governed and construed in all respects by the laws of the Republic of Cyprus. You also agree that any claim or dispute you may have against the Company in relation with the Services shall be resolved by the courts of the Republic of Cyprus.

The Agreement represents and sets out the whole of the agreement in relation to the Services and supersedes and replaces any prior written or oral agreements, representations or understandings between you and the Company.

The Agreement between you and the Company shall be binding on you and the Company and its respective heirs, executors, legal representatives, successors and assigns. Your rights and obligations arising under any agreement between you and the Company may not be transferred, assigned or otherwise disposed of unless with the prior express written consent of the Company. The Company may at any time transfer, assign or otherwise dispose of its rights and obligations emanating under any agreement or contract as between you and the Company, to the extent that any such transfer, assignment or disposal of rights and obligation does not purport to limit any warranty, guarantee or right provided to you by virtue of any contract entered into between you and the Company or has the effect of limiting or extinguishing your statutory rights as a consumer.

If any provision of the Agreement is prohibited by law or judged by a court or any other competent authority to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Agreement and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of the terms of the Agreement.

No failure or delay by the Company in exercising any right, power or privilege under the Agreement, shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights and remedies provided by law.

The Company may make changes to the Agreement from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms and the Privacy Notice through the Services. Your use of the Website following changes to the Agreement will constitute your acceptance of those changes.

If you would like to leave a comment or, submit a complaint or, make an inquiry of a general nature, have any request for additional information in respect of our services you may contact us via email at [email protected].