Terms of Service
Terms of Service
Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the pdfrest.com website, cloud-hosted applications, APIs, downloadable or containerized software, and related services (collectively, the “Site and Services”) made available by Datalogics, Inc. (“Datalogics,” “we,” “us,” or “our”). By accessing or using the Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site and Services. Datalogics may update the Site and Services and these Terms from time to time without prior notice, and your continued use of the Site and Services after any update constitutes acceptance of the revised Terms.
Datalogics' address is 1207 Delaware Ave, Suite 1810, Wilmington, DE 19806-4743.
Definitions
For purposes of these Terms:
- "Account" means the resources registered to a Customer's email and password for access to the Site and Services, including associated API keys.
- "API Key" means a code generated to access the pdfRest server.
- "API Request" means a communication sent to the pdfRest server for processing.
- "Customer" means the person or legal entity that registers for or uses an Account. If an individual registers for or uses an Account on behalf of a company or other legal entity, that entity is the Customer.
- "Free Service" means a version of the Site and Services provided free of charge for limited usage during the applicable registration term.
- "Rate" means the pace at which API Requests are made, often measured in requests per second.
- "Retention Period" means the amount of time during which the Site and Services store files submitted for processing and retrieval.
- "Tier of Service" means a version of the Site and Services with a specified number of API Requests selected by the Customer for processing, including Starter, Premium, Pro, and Enterprise tiers.
Service
The Service begins when Customer registers an Account and continues until the applicable API Key expires or the Account is closed or terminated.
The Service is powered by Adobe PDF Library and Adobe PDF Converter.
The Free Service may be terminated at any time, with or without notice, for any reason.
Customer Content and Processing Authorization
To use the cloud-based Site and Services, you may upload, submit, transmit, or otherwise provide PDF documents, files, data, and related content to Datalogics for processing (collectively, "Customer Content"). You retain ownership of your Customer Content. By using the Site and Services, you authorize Datalogics and its subprocessors to receive, host, store, copy, transmit, process, transform, and generate output from Customer Content solely as necessary to operate, maintain, secure, support, and provide the Site and Services to you. Where applicable to OpenAI-powered API endpoints, including AI-powered tools identified on the API Tools page, this authorization includes processing Customer Content through OpenAI as a subprocessor.
The cloud-based Site and Services are intended for document processing and retrieval, not for long-term file storage or archiving. Customer Content and generated output may be retained only for the applicable Retention Period as necessary to enable processing and retrieval and may be deleted thereafter in Datalogics' ordinary course of business. Specific Retention Period values are based on the applicable Tier of Service and are described on the Pricing page. You are responsible for maintaining your own copies of Customer Content and any generated output you wish to preserve.
Files shared with the pdfRest or Datalogics teams for support or troubleshooting may be retained beyond the Retention Period as reasonably necessary for those purposes.
Account Limits and Prohibitions
Customers, including their employees and internal departments, may maintain multiple Free/Starter Accounts strictly for non-production development, evaluation, and testing purposes.
Creating, operating, or using multiple Free/Starter Accounts for production workloads, live commercial applications, automated volume scaling, or to circumvent tier limits and overage fees on a paid Account is strictly prohibited and constitutes a material breach of these Terms.
If Datalogics determines that a Customer has created, operated, or used multiple Free/Starter Accounts to evade usage limits, tier restrictions, or overage charges for production purposes or other prohibited purposes described in this section, Datalogics may treat all usage associated with those Accounts as usage of the Customer's paid Account and may invoice the Customer retroactively for such usage at the applicable overage or standard rates.
If Datalogics determines that a Customer has created, operated, or used multiple Free/Starter Accounts in violation of these Terms and there is no paid Account against which such usage may be charged, Datalogics may suspend or close any associated Accounts and revoke any associated API keys immediately and without prior notice.
Account Security and API Keys
Customers are responsible for maintaining the confidentiality and security of their Accounts, credentials, and API keys. Customers are responsible for all activity, usage, charges, and requests made through their Accounts or API keys, whether authorized by the Customer or not.
Customers must promptly notify Datalogics if they become aware of unauthorized access to or use of an Account, credential, or API key. Datalogics may suspend or revoke API keys or Account access where Datalogics determines that doing so is reasonably necessary to protect the Site and Services, Customer Content, other customers, or Datalogics' systems.
API Rate Limits
The Site and Services support a Rate of 10 API Requests per second per Account. Brief bursts of up to 30 API Requests per second are permitted, but sustained bursts exceeding the supported Rate may be subject to restrictions.
Continuous or sustained Rates above these specified limits may result in temporary disabling of the associated API Key. Any use of the Site and Services that constitutes abuse or impairs the availability or functionality of the Site and Services may lead to immediate disabling of the associated API Key and Account.
Prohibited Uses
Customers may not use the Site and Services to violate applicable law or the rights of others; process, transmit, or generate unlawful, harmful, infringing, deceptive, or privacy-invasive content; distribute malware or malicious code; attempt to gain unauthorized access to any system, data, Account, or API key; interfere with or disrupt the Site and Services; bypass usage limits, security controls, billing systems, or access restrictions; or use the Site and Services in a manner that could damage, disable, overburden, or impair Datalogics' systems or the use of the Site and Services by others.
Datalogics may suspend or close any Account, reject or stop processing any request, and revoke any associated API keys immediately and without prior notice if Datalogics determines that a Customer has violated this section.
Processing Requests and Output
Datalogics does not guarantee that any output generated by the Site and Services will be accurate, complete, error-free, or fit for your intended purpose. You are solely responsible for reviewing and validating all generated output before relying on it.
Processing requests that fail due to document-specific, input-specific, or other non-service technical issues and do not produce usable output will not count as billable usage or will be adjusted.
Downloads
Any software made available by Datalogics for download or distribution, including containerized distributions made available through third-party marketplaces or registries, is the copyrighted work of Datalogics and/or its suppliers. Such software shall be used in accordance with the applicable End User License Agreement (“EULA”) or other license terms that accompany the software or distribution channel. Any use of the software not in accordance with the applicable license terms is expressly prohibited.
Use of Site Content and Services
The Site and Services include website content, documentation, software, APIs, and related materials made available by Datalogics (collectively, "Content"). Subject to these Terms and any applicable EULA or other license terms, Datalogics makes the Site and Services available for lawful commercial and internal business use by its Customers. Except as expressly permitted by these Terms or applicable license terms, the unauthorized copying, displaying, distribution, modification, resale, or other use of any Content is prohibited and may violate domestic and international law.
Except as expressly authorized by Datalogics in writing, Customers may not resell, sublicense, redistribute, or provide access to the Site and Services, operate the Site and Services as a service bureau or managed service for third parties, or use the Site and Services to build, train, support, or operate a competing product, service, API, or model.
Links to Third-Party Sites
The Site and Services may provide links to other third-party websites. Datalogics makes no representations whatsoever about any other site which you may access through the Site and Services. You acknowledge and agree that Datalogics is not responsible for the content of any linked site or any link contained in a linked site. References on the Site and Services to any names, marks, products, or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you. Datalogics does not endorse or recommend content of such sites.
Scheduled Maintenance Window
As needed, a scheduled maintenance window may be open for up to ten minutes on the second Thursday of each month at 9PM CST. For any work scheduled during this time, Datalogics will make reasonable attempts to avoid and reduce API service interruptions.
Trademarks
Datalogics, pdfRest, and pdfAssistant are trademarks of Datalogics, Inc. All other trademarks are the property of their respective owners.
Adobe, Adobe PDF Library, and Adobe PDF Converter are trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries.
Disclaimer of Warranty
The Site and Services, including all content, processing functionality, and generated output, are provided “AS IS” without warranty of any kind. Datalogics disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and results obtained from use of the Site and Services. Any use of the Site and Services is at your own discretion and risk.
Disclaimer of Liability
To the maximum extent permitted by applicable law, Datalogics and its affiliates, licensors, suppliers, subprocessors, service providers, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenues, business, goodwill, use, data, or other intangible losses, arising out of or relating to the Site and Services, Customer Content, generated output, or these Terms, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate liability of Datalogics and its affiliates, licensors, suppliers, subprocessors, service providers, and their respective officers, directors, employees, and agents arising out of or relating to the Site and Services, Customer Content, generated output, or these Terms shall not exceed the total amount paid by the Customer to Datalogics for the applicable Site and Services during the three (3) months immediately preceding the event giving rise to the claim. If the Customer has not paid any amounts to Datalogics for the applicable Site and Services, Datalogics shall have no monetary liability arising out of or relating to the Site and Services to that Customer, to the maximum extent permitted by applicable law.
The limitations in this section apply notwithstanding any failure of essential purpose of any limited remedy and do not limit liability to the extent such liability cannot be excluded or limited under applicable law.
Governing Law, Venue, and Time to Bring Claims
These Terms and any dispute arising out of or relating to these Terms or the Site and Services shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
To the maximum extent permitted by applicable law, any claim or legal proceeding arising out of or relating to these Terms or the Site and Services shall be brought exclusively in the state courts located in New Castle County, Delaware, or the federal courts located in Delaware serving New Castle County, and each Customer consents to the personal jurisdiction and venue of those courts.
To the maximum extent permitted by applicable law, any contractual claim or cause of action, and any other claim or cause of action for which a shortened limitations period is permitted, arising out of or relating to these Terms or the Site and Services must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred.
Nothing in this section limits any privacy rights or remedies that cannot be waived or restricted under applicable privacy law.