1. General Terms
2. The Service
The Service offers users the ability to view, edit, annotate, and sign PDF documents. The Service also allows the conversion of different file formats to PDF format. The Service is provided via web software interface and mobile software applications. When users use the Service, they provide Nitrolabs with their files, content, documents, etc (“Content”). The Service does not give Nitrolabs the rights to any of the Content, except as needed to provide the Service. You agree and give Nitrolabs permission to use your Content for the limited purpose of providing the Service and this permission extends to our affiliates, partners, and trusted third parties Nitrolabs works with. Further, please note that:
- Files that are opened from a cloud storage provider are not copied to our servers, unless a file conversion is performed, and/or you share the files using the Service’s share functionality.
- All connections with cloud storage providers are encrypted.
3. Allowed Usage
You agree to comply with the policies that Nitrolabs may adopt from time to time to regulate the Service, including, without limitation, setting a maximum number of files that a user may upload through the Service, the maximum size of the files that a user may convert through the Service, and similar regulations. You agree not to bypass these policies by any means, including creating multiple accounts.
4. Availability of Service
Nitrolabs will try to ensure that the Service is always available, but Nitrolabs cannot give any guarantees for availability and the permanent full functionality of the Service. You agree not to rely on this Service and that Nitrolabs will not be responsible for any failure caused by outage of this Service.
5. Responsibility for Your Content
Nitrolabs will try to ensure that the Service is error-free. Nitrolabs does not guarantee nor warrant that your Content will not be damaged, deleted, or lost. You acknowledge that you have a copy of all files and Nitrolabs will not be responsible for any failure caused by files, sent to the Service.
Furthermore, you agree not to upload, create, share, transmit, or otherwise process any content on the Service that contains sensitive information, such as credit card information, social security information, and protected health information. You agree that you will not store, upload, share, transmit, or otherwise process any content via the Service that falls within the definition of “Protected Health Information” under the United States Health Insurance Portability and Accountability Act (“HIPPA”) or statutes of similar affect.
You agree that you will not take any action that would cause Nitrolabs to violate EU Data Protection Laws, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.K. Bribery Act of 2010, or any other applicable anti-bribery, anti-corruption, or anti-money laundering law.
The Service provides functionality to allow You to edit and annotate PDF documents to add Your signature. Nitrolabs makes no representation or warranty regarding the transaction sought to be facilitated if you use the Service’s signature feature. Certain types of agreements and documents may be exempt from electronic signature laws and Nitrolabs is not responsible or liable to determine whether your Content can be legally executed through an electronic signature. Nitrolabs is not a party to any agreement or document executed via a signature through the Service, Nitrolabs is not responsible for any terms within your Content executed via signature through the Service, and Nitrolabs is not responsible or liable for producing your Content executed via signature through the Service to a third party. You agree and are responsible for the legal requirements associated with relying on a signature via the Service for your Content, and you agree to indemnify and hold Nitrolabs harmless for any resulting liability for using a signature via the Service.
7. Allowed Usage Policy
Your use of the Service must comply with our Allowed Usage Policy. We trust you to use the Service responsibly and you Agree not to misuse the Service or help anyone else to misuse the Service. For instance, misuse of the Service includes, but is not limited to:
- Breaching or otherwise circumventing any security or authentication measure;
- Accessing and/or tampering non-public areas of the Service;
- Interfering or disrupting the Service, i.e., sending a virus or spamming the Service;
- Creating bulk/multiple accounts to circumvent consumed time on the Service;
- Sending false information, including “phishing” or “spoofing”;
- Sell the Service without authorization to do so; - Harass or abuse other Users or Nitrolabs personnel;
- Upload, share, or create content that is unlawfully lewd, indecent, or contains acts of extreme violence and/or terrorist acts;
- Upload, share, or create content to advocate against a person or group based on race, ethnicity, religion, sex, gender identity, sexual orientation, disability, or impairment;
- Upload, share, or create content that infringes on the intellectual property rights of others;
- Violate the law in any way, including violating the privacy or rights of others.
9. Upgraded Accounts
The Service is provided on a free basis.
10. Team/Enterprise Accounts
If you use a Service Team and/or Enterprise Account, you must use it in compliance with your organization’s terms and policies. Please note Service Team and/or Enterprise Accounts are subject to your organization’s control. Your organization’s account administrator may be able to access, control, disclose, remove, or restrict Content from your Team and/or Enterprise Account. They may also be able to restrict your access to the Team and/or Enterprise Account.
11. Team/Enterprise Accounts
You are free to stop using the Services at any time. Nitrolabs reserves the right to terminate your access to the Services if:
- Your use of the Services would cause harm or risk to others;
- You have not made timely payments for your Subscription.
Nitrolabs will provide you reasonable notice for the Termination of Your Services, and will allow you to export your Content from the Service unless doing so will cause Nitrolabs legal liability, will compromise Nitrolabs’ ability to provide the Service to others, or Nitrolabs is prohibited from doing so by law.
Nitrolabs may also discontinue the Services in response to unforeseen circumstances beyond its control or to comply with legal requirements. If this occurs, Nitrolabs will provide you with reasonable notice to export Your Content from the Service.
13. Copyright Policy
You are solely responsible for your Content uploaded, created, shared, transmitted, or otherwise processed on the Service. You are solely responsible for your profile picture, account name, and the Content you share with other users through the Service. Nitrolabs will not monitor your Content, but Nitrolabs requests you comply with all applicable copyright laws while using the Service. Infringing on the copyrights or intellectual property rights of others may result in legal liability. If your Content is reported to infringe on the copyrights and/or intellectual property rights of others, Nitrolabs reserves the right to remove or disable your Content alleged to be infringing and to terminate the Service for repeat infringers.
Your Content on the Service remains yours and you own any intellectual property rights associated with your Content. However, you provide consent to Nitrolabs if your Content and associated intellectual property rights restrict Nitrolabs’ use of your Content to provide the Service.
14. Service "As Is"
Nitrolabs will use all reasonable efforts to provide excellent Services, but Nitrolabs cannot guarantee this. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NITROLABS, AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” NITROLABS ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions may not allow warranties and disclaimers provided in this section, so this section may not apply to you.
15. Limitations of Liability
Nitrolabs does not exclude or limit its liability where it would be illegal to do so. In jurisdictions where the following type of exclusions are not allowed, NITROLABS IS RESPONSIBLE TO YOU FOR ONLY LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF CONTRACT WITH YOU. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY CONTRACT.
In countries and/or jurisdictions where exclusions or limitations of liability are allowed, Nitrolabs, its affiliates, suppliers, or distributors will not be liable for:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY WHETHER OR NOT NITROLABS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICE FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, NITROLABS, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. NITROLABS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY NITROLABS CANNOT LIMIT BY LAW, NITROLABS LIMITS ITS LIABILITY TO YOU TO THE GREATER OF $30 USD or 100% OF ANY AMOUNT YOU HAVE PAID TO NITROLABS UNDER YOUR CURRENT SUBSCRIPTION OR PREPAID SERVICE PLAN WITH NITROLABS. Resolving Disputes
Before filing a claim against Nitrolabs, Nitrolabs would like to make attempts to resolve the dispute informally. Therefore, you agree to try and resolve the dispute informally with Nitrolabs before filing a formal complaint against Nitrolabs. You can contact Nitrolabs at [email protected] to attempt informal resolution in the first instance. If the dispute is not resolved within 30 days of submission, you or Nitrolabs may bring a formal proceeding as provided for herein.
16. Judicial Forum
17. Mandatory Binding Arbitration
18. Exceptions to Arbitration; Intellectual Property Disputes
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action, validity determinations, or claims arising from or relating to theft, piracy, infringement, or unauthorized use of intellectual property in and state of federal court in San Francisco, California, or the United States Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, trademarks, trade secrets, copyrights, and moral rights, but not privacy or publicity rights.
19. No Jury Trial
20. No Class Actions or Consolidated Actions
The parties understand that absent the mandatory arbitration provision, they would have a right to sue in court and have a jury trial. The parties further understand that, in some instances, the cost of arbitration may exceed the cost of litigation, and the right to discovery in arbitration may be more limited in arbitration than in court.
The mandatory arbitration provision, waiver of class actions, and no jury trial shall survive your termination of the Service.
22. Governing Law
23. Entire Agreement
Last updated June 23, 2021.