Terms and Conditions ConvertRun

Terms and Conditions

Last updated: July 2021. This version supersedes all prior versions in their entirety.

These Terms govern your use of our website and services, including Convertrun, Convertrun.com, Convertrun PRO, Convertrun Reader, Convertrun Desktop, and Convertrun Mobile (collectively, “Services”), as well as any software provided as part of the Services, including applications, User Files (as defined below), scripts, instruction sets, and related documentation (collectively, “Software”). By using our Services or Software, you agree to these Terms. If you have a separate agreement with us regarding specific Services or Software, that agreement will prevail in case of any conflict. As detailed in div 3, you retain all rights and ownership of your content provided through the Services. By using our Services, you may upload or provide files and information, which will be processed as “User Files” (whether originally provided by you or processed using our Services).

1. How This Agreement Works

1.1 Choice of Law

1.2 Privacy

The Privacy Notice governs any personal data you provide to us. By using the Services or Software, you agree to the terms outlined in the Privacy Notice.

1.3 Desktop Application Usage Data

While using the Services, you may share information about your use of our desktop application with Convertrun. This information, associated with your Convertrun account, helps us personalize your experience and enhance our product quality and features.

1.4 Modification

We may modify, update, or discontinue the Services or Software at any time without liability. If we discontinue a Service entirely, we will provide a pro rata refund for any prepaid, unused fees.

2. Use of Service

2.1 License

Subject to compliance with these Terms and applicable law, you may access and use the Services.

2.2 Convertrun Intellectual Property

We (and our licensors) retain all rights, title, and interest in the Services and Software. All rights not granted herein are reserved. Reselling of our products, Software, or Services is prohibited.

2.3 Pre-release Version

We may designate Software or Services, or features thereof, as pre-release or beta versions (“Pre-release Version”). Such versions may contain bugs and may not represent the final product. We may choose not to release a commercial version of the Pre-release Version. You must cease use and destroy copies of the Pre-release Version if requested, or upon release of a commercial version. Any separate agreement governing the Pre-release Version will supersede this div.

3. Your Content

3.1 Ownership

You retain all rights and ownership of your content. We do not claim ownership of your content.

3.2 Our Access

We may access, view, or listen to your content in limited ways to (a) respond to support requests; (b) address fraud, security, or technical issues; (c) improve our Services; and (d) enforce these Terms.

4. Account Information

You are responsible for all activity occurring via your account. Notify Customer Support immediately if you become aware of unauthorized use. 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 manage your use and access to the Services.

5. User Conduct

5.1 Responsible Use

Use the Services responsibly. Children under 16 are not permitted to use Convertrun Services. In the European Economic Area or countries with similar regulations, you may only use Convertrun Services if you are of legal age to consent to personal data processing or have verifiable parental consent. If you are a parent and discover that your child is using our Services without your consent, please contact us.

5.2 Misuse

You must not misuse the Services, Software, or content provided. For instance, you must not:

  • Copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
  • Allow others to use the Service, Software, or content using your account information;
  • Use the content or Software to construct any database;
  • Access the Services through unauthorized means;
  • Bypass any access restrictions;
  • Share content or engage in behavior that violates Intellectual Property Rights;
  • Attempt to disable, impair, or destroy Services, Software, or hardware;
  • Engage in unsolicited messages such as spam;
  • Place advertisements without prior written approval;
  • Use data mining or similar methods;
  • Violate applicable law; or
  • Encrypt or protect files in prohibited countries.

6. Fees and Payment

6.1 Fees, Third-Party Fees, and Taxes

Our current fees and prices are available at https://Convertrun.com/premium. We may change these fees and prices with one month’s advance notice. You may terminate the Services if you do not accept the new fees. You agree to pay applicable fees, taxes, and third-party charges. We are not responsible for third-party fees.

6.2 Credit Card Information

To avoid service interruption, we may update your payment method using programs supported by your card provider, and you authorize us to continue billing your updated information.

6.3 Billing

We will automatically bill your selected plan and payment method until you cancel your subscription. Cancellations take effect from the next billing period. We do not provide refunds except as required by law or explicitly communicated.

6.4 Free Trial

The free trial period is specified on our website. After the trial, regular pricing applies. You must provide payment information to start the trial. Cancel within the trial period to avoid charges. Free trials may not be available for all services or regions and can be removed at our discretion.

7. Your Indemnification Obligations

You agree to indemnify us, our subsidiaries, affiliates, officers, agents, employees, partners, and licensors against any claims, losses, or damages arising from your content, use of the Services or Software, or violation of these Terms.

9. Data of Minors

We do not knowingly collect data from minors under 16, except where enabled by a school. If a minor’s data is detected, please contact us to have it deleted.

8. Disclaimers of Warranties

8.1 Warranties of Services and Software

Our Services and Software are provided AS-IS without any warranties. To the fullest extent permitted by law, we disclaim all express and implied warranties, including those of non-infringement, merchantability, and fitness for a particular purpose. We do not guarantee that the Services or Software will meet your expectations or operate without interruptions or errors. We also do not warrant that the results from using our Services or Software will be accurate or reliable.

8.2 Liability for Services and Software, Information, and Templates

We are not liable for any consequences arising from your use of our Services or Software. You use them at your own risk and are responsible for any damage or data loss resulting from their use. The information and templates provided are for informational purposes only, and we disclaim all liability for your reliance on them.

8.3 Electronic Signature

We do not guarantee that the electronic signatures created through our eSign tool are legally binding. We also disclaim liability for any issues with contracts, including those that are not executed or are executed late using the eSign tool. We do not guarantee the storage of your signed contracts.

8.4 Storage of Files

While we offer cross-platform storage, we cannot guarantee constant access to your stored files. You should keep a personal backup of all important documents. We are not responsible for any loss of files or documents.

9. Limitation of Liability

9.1 Liability of Convertrun

We are not liable for any loss of use, data, goodwill, or profits, or for any special, incidental, or consequential damages arising from your use of our Services or Software. This includes damages from loss of data or profits, regardless of the theory of liability. Our liability is not limited for cases of gross negligence, intentional misconduct, or personal injury.

9.2 Limited Liability

Our total liability in any matter related to these terms is limited to CHF 100 or the amount you paid for the Service and Software in the three months before the event causing the liability, whichever is greater. This limitation applies even if we were advised of the potential for higher liability.

9.3 Limitation

The limitations and exclusions in this div apply to the maximum extent permitted by law.

10. Termination

10.1 Termination by You

You may stop using our Services at any time. Terminating your account does not relieve you from any unpaid fees.

10.2 Termination by Us

We may terminate your access to the Services at any time, with or without cause. If we terminate for reasons other than cause, we will notify you at least 30 days in advance via email with instructions on retrieving your content. We may terminate your access if you breach these terms, fail to pay fees, if required by law, if we discontinue the Services, or if there has been prolonged inactivity.

10.3 Survival

Upon termination, any perpetual licenses, indemnification obligations, warranty disclaimers, and dispute resolution provisions will survive. Some Software may stop functioning without prior notice upon termination of the Services.

11. Investigations / Disclosure

We may access or disclose your information as required by law, in response to customer service requests, or to protect our rights, property, or safety, or that of our users or the public.

12. Dispute Resolution

12.1 Process

If you have a dispute, you should first try to resolve it informally by contacting us. If unresolved within 30 days, disputes will be settled by binding arbitration in Ankara, Turkey, or as otherwise permitted by law.

12.2 Rules

Arbitration will be administered by the Turkey Chambers Arbitration Institution under the Turkey Rules of International Arbitration.The arbitration will be in English, with one arbitrator chosen by both parties. The award may be enforced in any competent jurisdiction.

12.3 No Class Actions

Disputes must be resolved on an individual basis and cannot be part of a class action or similar proceeding.

12.4 Injunctive Relief

We may seek injunctive relief for unauthorized use of our Services or content in any jurisdiction.

13. Compliance with Licenses

We may inspect your records and systems to ensure compliance with our Software licenses. You must provide requested records within 30 days of our request. If underpaid fees exceed 5% of the value of the license fees, you will also cover the cost of the verification.

14. Modification

We may update these terms or additional terms for Services or Software to reflect changes in law or our offerings. Continued use of the Services or Software implies acceptance of the revised terms.

15. Miscellaneous

15.1 English Version

The English version of these terms will be the authoritative version.

15.2 Notice to Convertrun

15.3 Notice to You

We may notify you by email, postal mail, in-Service postings, or other acceptable means.

15.4 Entire Agreement

These terms constitute the entire agreement regarding your use of our Services and Software, superseding any prior agreements.

15.5 Non-Assignment

You may not assign these terms without our written consent. We may transfer our rights to a third party.

15.6 Severability

If a term is unenforceable, it will not affect the other terms.

15.7 No Waiver

Our failure to enforce any term does not constitute a waiver.

16. Data Processing Agreement

The Data Processing Agreement (DPA) [https://Convertrun.com/en/data-terms-conditions] governs our handling of personal data for Convertrun Team and Business Plans. This DPA is integral to the Terms of Services and takes precedence in case of conflict. We may update the DPA and will notify you via email or in-app notifications if you have an active subscription.

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