ACCUSOFT® CLOUD SERVICES™ AGREEMENT
You are signing up for an account ("Account") to use the Accusoft® Cloud Services™ ("Service")
offered by Accusoft Corporation ("Accusoft"). By signing up without providing a Company Name,
you agree that you are bound by the terms and conditions of this Accusoft® Cloud Services™
Agreement (the "Agreement"). Or by signing up and providing a Company Name, you expressly
agree that you have the authority to contractually bind that organization or entity to this Agreement
and you agree that the organization or entity is bound by this Agreement. In this Agreement, the
words "we," "us," "our," and "ours" refer to Accusoft. The words "user," "you", "your", and "yours"
refer to the individual (if no Company Name is provided) or organization or entity (if a Company
Name is provided) signing up for the Service. You must agree to the terms of this Agreement
before using any of the Service, and the very act of using any of the Service confirms your
acceptance of the terms of this Agreement. We may change the Service and/or this Agreement at
any time at our sole discretion, and if you continue using the Service after a change, that will mean
you have agreed to the change. You may see the current terms of this Agreement at any time by
going to: https://accusoft.com/cloud-services/service-agreement-page/. This Agreement will remain in
force until Accusoft or you terminate it.
Definitions
1. Accusoft® Cloud Services™- The name for Accusoft’s array of cloud services.
2. Viewer – A cloud-hosted version of Accusoft’s Prizm ® Content Connect™ product used for
embedding a HTML5 viewer directly on a webpage.
3.
Image – PrizmImage.com: Accusoft’s website and service allowing users to submit their
images to utilize our advanced compression and optimization technology.
4. Content – The data, documents, images, files, and other information of any kind that you
upload or make public using the Service.
General Terms
1. THE SERVICE IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR
IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
2. You must provide your true name, a valid email address, and any other information
requested in order to complete the signup process and create your Account.
3. Your Account may only be used by one person or, if a company or other entity Account, it
may only be used by employees of the entity.
4. You may not sign up for multiple Accounts in order to circumvent our account service limits,
including the generous account service limits of our free Basic “Getting Started” account.
5. You are responsible for maintaining the security of your Account and password. Accusoft is
not liable for any loss or damage from your failure to maintain adequate security of your
Account.
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6. You are responsible for all Content uploaded and activity that occurs under your Account,
even if the Content is uploaded by another person or organization.
7. Any information that you provide to Accusoft is subject to our Privacy Statement, which
governs our collection and use of your information. You agree that through your use of the
Service you consent to the collection and use (as set forth in the Privacy Policy) of this
information.
8. As part of providing you the Service, we may need to provide you with certain
communications, such as Service announcements and administrative messages. These
communications are considered part of the Service, which you may not be able to opt-out
from receiving.
9. You may not use the Service for any illegal, inappropriate or unauthorized purpose. In your
use of the Service, you must not violate any laws (including but not limited to copyright
laws).
10. Accusoft offers a free version of this Service as well as fee-based versions of this Service.
There may be limits placed on all of these versions and if such limits are exceeded it is
considered a violation of this Agreement. All versions of this Service are governed by all the
terms of this Agreement except the "Free Version Unique Conditions" section below only
governs the free version and the "Fee-Based Version Unique Conditions" section below
only governs the fee-based premium versions.
11. As long as this Agreement is in force and you are complying with all of its terms, we give
you permission to use the Service. Otherwise you are not permitted to use the Service.
If you violate any of these agreement terms, we may, in our sole discretion, terminate your Account
and this Agreement. While we try to prohibit illegal, inappropriate or unauthorized conduct and
Content on the Service, you understand and agree that we are not responsible for the Content
uploaded to, and accessed by, the Service, and it is possible that you may be exposed to such
Content. You agree to use the Service at your own risk.
Copyright and Content Ownership
1. You acknowledge and agree that Accusoft owns all rights, title and interest in the Service in
all its versions and forms. The look and feel of the Service, as well as software code written
to create the Service, is copyrighted material owned by Accusoft, and all rights are
reserved. You may not duplicate, copy, or reuse any portion of any material comprising the
Service except according to the terms of this Agreement without express written permission
from Accusoft.
2. Accusoft claims no intellectual property rights over the Content you upload to the Service.
You agree that Accusoft is permitted, but not required, to make a limited number of copies
of Content solely as required for the correct operation of the Service and for backup and
reliability purposes.
3.
It is Accusoft's policy to respond to clear notices of alleged copyright infringement. If you
have any questions or concerns, please read the Digital Millennium Copyright Act (DMCA)
to understand the information that should be present in these notices.
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Version Allowances and Limits
Reference table for version allowances and per month limits:
Limits
Basic
100 transactions
1000 compression transactions
Max file size: 10 MB
Freelancer
200 transactions
2000 compression transactions
Max file size: 15 MB
Professional
1,000 transactions
10,000 compression transactions
Max file size: 25 MB
Business
2,000 transactions
20,000 compression transactions
Max file size: 25 MB
Business Elite
6,000 transactions
60,000 compression transactions
Max file size: 25 MB
Enterprise Essentials
25,000 transactions
250,000 compression transactions
Max file size: No limit
Enterprise
50,000 transactions
500,000 compression transactions
Max file size: No limit
Enterprise Elite
100,000 transactions
1,000,000 compression transactions
Max file size: No limit
Contact Us
Contact sales@accusoft.com
(Transactions are documents viewed, barcode writes, barcode reads, pages OCR’d, or pages
converted. Compression transactions are images or documents compressed.)
Free Version Unique Conditions
These conditions apply to the use of the Basic version only.
Technical Support
Technical support is available through our web based community site:
http://community.accusoft.com.
Modifications to Service for Free & Premium Versions
1.
If your embedded Viewer page views exceed 100 transactions per month, then Accusoft
reserves the right in its sole determination either to offer you to upgrade your Service to the
Freelancer Version, or with no less than (10) days’ notice disable your Account until you
can reduce your number of page views.
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2. Accusoft reserves the right to randomly insert advertisements and 'pop-ups' at any time
within the viewer between documents, or pages within a document, intended not to obstruct
use for more than 5 seconds. This will never occur on any Viewer free account using less
than 100 page views per month, and never in any fee based account (Freelancer,
Professional, Business, Business Elite, Enterprise, Contract). Accusoft will provide a
minimum of thirty (30) days’ notice prior to invoking this right.
Premium Version Unique Conditions
These terms apply to the Freelancer, Professional and Enterprise Versions only and require you to
click the button selecting the Version.
Technical Support
Technical support is available, by means described after purchase, Monday through Friday
between the hours of 9 AM and 6 PM Eastern time, excluding Accusoft holidays when the Accusoft
offices are closed, and through our web based community.
Modification to Service for Fee Based Versions
If your usage of your Accusoft Cloud Services account exceeds the transaction limit for your paid
version level (see table above), then Accusoft reserves the right in its sole determination either to
offer you to upgrade your Service to a new Level, or with no less than thirty (30) days’ notice,
charge your Account monthly an additional fee until your usage is below your paid version level. If
you don’t do one of the following: 1. reduce your usage, or 2. upgrade your version level, or 3.
allow your credit card to be charged, Accusoft reserves the right to disable your account until some
accommodation is made.
Contract Level Service
Contact Accusoft Sales at sales@accusoft.com or at 813-875-7575 to upgrade your Service to
Contract Level Service with unlimited bandwidth, unlimited page views, and telephone or email
technical support during Accusoft business hours. 24/7/365 technical support is also available. This
Fee-Based Service requires a separate written addendum to this Service Agreement, signed by
both parties, and will involve additional fees as negotiated by both parties.
Payment, Refunds
1. A valid credit card or PayPal account is required to establish an Account.
2. We bill for the Service in advance on an annual or monthly basis, and your payment is
non-refundable. You will not receive any refund or credit for partial months of Service, nor
for Service outages, nor will you receive a refund for any period in which you do not use the
Service. If the payment method you provide us declines our charge, we have the right to
suspend access to your Account until you provide valid payment, and we may terminate
your Account.
3. Our fees do not include any taxes, levies, or duties imposed by taxing authorities. You are
responsible for paying all such taxes, levies, or duties.
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Other Conditions for All Versions
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as
available" basis. Accusoft has no liability to you or to any other party for any damages
arising from any modification, outage, suspension, unavailability or discontinuance of this
Service or of your Content.
2. You are not permitted to modify, adapt, disassemble, decompile, reverse engineer or hack
the Service or modify another website in any way that might imply that it is associated with
the Service, Accusoft, or any other Accusoft service, product, or technology.
3. You are not permitted to remove or obstruct Accusoft or Prizm marks in any circumstance
or manner.
4. You agree not to reproduce, duplicate, copy, sell, resell, license, sublicense or exploit any
portion of the Service, use of the Service, or access to the Service without our express
written permission.
5. Accusoft does not pre-screen uploaded Content. We may, and we have the right to, but we
have no obligation to, refuse or remove Content and terminate Accounts using Content that
we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or that violate any party's intellectual
property rights or this Agreement.
6. The Service provides features that allow you to make your Content public. There are many
things that users may do with that Content (for example, copy it, modify it, share it). Please
consider carefully what you choose to make public. Accusoft has no responsibility for those
activities by users.
7. We may terminate inactive Accounts. We may permanently delete inactive uploaded
Content or uploaded Content from inactive Accounts. In either case we will try to let you
know 30 days in advance. You can appeal the Account termination or Content deletion to
us during that 30 day period. If you do not appeal, or if we reject your appeal, we have no
obligation to help you retrieve any Content and we are not liable to you or to any other party
for any damages arising from this permanent deletion of Content.
8. The Service may contain links to third-party websites or resources. Accusoft does not
endorse and is not responsible or liable for their availability, accuracy, the related Content,
products, or services.
9. Prices of all Services, including but not limited to subscription plan fees for the Services, are
subject to change with thirty (30) days notice from us. Such changes will be posted to
https://www.accusoft.com/products/accusoft-cloud-services/pricing/ and delivered to the
contact email on file with Accusoft.
10. You understand that the Service includes an error and usage reporting mechanism that
automatically exchanges error and usage information with Accusoft servers. This
information helps Accusoft support you if you experience problems with the Service and
helps Accusoft if it makes improvements to the Service. This error and usage reporting
mechanism does not disrupt your usage of the Service.
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11. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any
other User or of any Accusoft employee, director, shareholder or officer will result in
immediate termination of your Account.
12. Accusoft does not warrant (i) that the Service will meet your specific requirements, (ii) that
the Service will be uninterrupted, timely, secure, or error-free, (iii) that the results that may
be obtained from the use of the Service will be accurate or reliable, (iv) that the quality of
any products, services, information, or other material purchased or obtained by you from
Accusoft will meet your expectations, nor (v) that any errors in the Service will be corrected.
13. Accusoft reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with thirty (30) days notice.
14. You expressly understand and agree that Accusoft is not liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data, Content or other intangible losses (even if
Accusoft has been advised of the possibility of such damages), resulting from: (i) the use or
the inability to use the Service; (ii) the cost of procurement of substitutes resulting from any
data, Content, information or services purchased or obtained through or from the Service,
or the loss thereof; (iii) unauthorized access to or alteration of your Content; (iv) statements
or conduct of any other party on the Service; (v) termination of your account; or (vi) any
other matter relating to the Service.
15. Accusoft is not liable for any damages to you or to any other party arising from any
modification, price change, suspension or discontinuance of the Service except as
described in paragraph 17 below.
16. You agree that any cause of action arising out of or related to the Service that you might
otherwise have must commence within one (1) year after the cause of action accrues.
Otherwise, cause of action is permanently barred.
17. Our aggregate liability for any damages to you or any other party will not exceed any fees
you may have paid us during the twelve (12) month period prior to your notifying us of a
claim, regardless of whether the claim is based on contract, tort, negligence, strict liability,
products liability or otherwise. You acknowledge that we are unable to test the Service
under all possible circumstances, that we cannot control the manner in which you and our
other users use the Service, and that we have no control over Internet or other
communications.
18. You shall indemnify and hold Accusoft harmless and defend Accusoft from any claim,
action, or proceeding that arises or results from any of your actions or omissions pertaining
to your use of Service and from any of your actions that are in violation of this Agreement.
19. You agree that if any provision of this Agreement is determined to be invalid by any court of
final jurisdiction, then that provision shall be omitted and the remainder of this Agreement
shall continue to be binding and enforceable. In addition you agree that that court is
authorized to enforce any such provision of this Agreement to whatever lesser extent that
court deems reasonable and appropriate rather than invalidating the entire provision.
20. In the event of any lawsuit or other proceeding brought as a result of an actual or alleged
breach of this Agreement, to enforce any provisions of this Agreement, or to enforce any
intellectual property or other rights in or pertaining to the Service, you agree that the
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prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs,
including the costs of any expert witnesses, incurred at all levels of proceedings.
21. The failure of Accusoft to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. This Agreement constitutes the entire
agreement between you and Accusoft governing your use of the Service, superseding any
prior agreements (including, but not limited to, any prior versions of this Agreement).
22. This Agreement will be governed, construed, and enforced in accordance with the laws of
the State of Florida, without regard to any conflicts of laws rules. Any action related to or
arising under this Agreement will be brought solely in the state court sitting in Hillsborough
County, Florida or in the federal courts in the Middle District of Florida, Tampa Division, and
you consent to the exclusive jurisdiction and venue of said courts.
23. This Agreement is the entire understanding of the parties concerning the subject matter of
the Agreement and supersedes all prior communications and agreements whether oral or
written relating to the subject matter of the Agreement. Only a writing signed by the parties
may modify this Agreement. In the event of any modification in writing of this Agreement (an
"Amendment"), all provisions of this Agreement survive except those provisions that are
explicitly modified by the Amendment.
24. You cannot assign or transfer this Agreement to another party under any circumstances.
25. You agree that Accusoft may reference your use of the Service on its web site or in other
marketing materials, including issuing a press release.
26. Questions about this Agreement should be sent to sales@accusoft.com or you may call
Accusoft Sales at 1-813-875-7575 x1.
Cancellation and Termination
1. You may cancel your Account at any time by sending an email to
cloudservices@accusoft.com.
2.
If you cancel your entire Account all Content stored on Accusoft servers will be permanently
deleted and all embedded viewer licenses will be terminated. Accusoft has no
responsibility to you or to any other party to try to retrieve this Content for you when an
Account is Terminated or Cancelled whether a free account or fee-based account. Accusoft
has no liability to you or to any other party for any damages arising from this permanent
deletion when an Account is Terminated or Cancelled, whether a free account or fee-based
account.
3.
If you have the "fee-based" version of the Service, and if you cancel the Service before the
end of your current paid up period, your cancellation will take effect immediately, and you
will not be charged again, but you will not be entitled to a refund for any unused period of
time.
4. Accusoft, in its sole discretion, has the right to suspend or terminate your Account and
refuse you any and all current or future use of the Service, or any other Accusoft service,
for any reason at any time. Such termination of the Service will result in the deactivation or
deletion of your Account and your access to your Account and to your Content. Accusoft
reserves the right to refuse Service to anyone for any reason at any time. In addition,
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Accusoft may terminate this Agreement with respect to your Account at any time, in its sole
discretion.
5.
If you cancel your Account, or if Accusoft terminates your Account for any reason, this
Agreement is terminated. If the Agreement is terminated, your rights under this Agreement
are terminated, but your obligations and agreements under "Other Conditions" above
survive the termination of this Agreement.
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