Permission is granted to temporarily download one copy of the materials (information or software) on XConvert's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by XConvert at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In no event shall XConvert or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on XConvert's Internet site, even if XConvert or a XConvert authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on XConvert's web site could include technical, typographical, or photographic errors. XConvert does not warrant that any of the materials on its web site are accurate, complete, or current. XConvert may make changes to the materials contained on its web site at any time without notice. XConvert does not, however, make any commitment to update the materials.
XConvert has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by XConvert of the site. Use of any such linked web site is at the user's own risk.
Our current fees and prices for our services can be found under https://www.xconvert.com/product. Our fees and prices are subject to change. If we change the fees and prices, we will inform on the new fees and prices one month in advance on the mentioned website or by contacting you via email. If you do not want to accept the new fees and prices, you may terminate the Services/this Agreement within this month over your account page or by contacting us via email or in writing.
If you buy any of our paid Services, you agree to pay us the applicable fees, any applicable taxes and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees of third parties you have engaged. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
We will automatically bill the membership fee to your plan, price and payment method selected until your subscription is cancelled or terminated. If you do not terminate your subscription, it will be automatically renewed.
You and XConvert may cancel or terminate your subscription at any time. Any cancellation will take place from the next billing period, i.e. any cancellation will only cancel future billings. We do not provide refunds except in cases requested by mandatory law or where otherwise explicitly communicated to you. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
The free trial shall last for the period mentioned on the website. After this free trial, the regular price will be charged with your selected payment method. You will be required to submit your payment information if you sign up for a free trial, to allow automatic payments once the free trial period finishes. If you do not wish to continue our service once the free trial ends you must cancel the service within the free trial period. You are able to cancel the free trial on your account page.
The free trial only applies to new customers and may not be available for all services, regions, countries or currencies. XConvert reserves the right to remove or cancel the free trial offer at any time without any reason.
"Credits" are a unit of measurement used to meter and gate consumption of certain features of the Services, including (without limitation) the public API ("Developer API"). We may issue Credits in three categories:
Credits are not legal tender, money, electronic money, e-money, stored value, prepaid access, a gift card, a deposit, or a financial instrument of any kind. Credits have no independent cash value. Credits are not redeemable for cash, goods, or any service other than consumption of features of the Services as described on our pricing page and Documentation. Credits are issued and held by us, are usable only on the Services, and are not portable to any other person, account, platform, or system.
Credits are associated with a single account and may be used only by the account holder. You may not transfer, assign, sell, gift, trade, exchange, encumber, or pledge Credits, in whole or in part, to any other person or entity. Any attempted transfer is void. We may treat any apparent transfer or attempted transfer as fraud and suspend or terminate the affected accounts.
Credits may be consumed only while you maintain an active API Subscription. If your API Subscription lapses, is canceled, is suspended, or you have never held one, you may not consume any Credits — including PAYG Credits or Promotional Credits — for so long as no active API Subscription exists. PAYG Credits remaining at the time of lapse are preserved (subject to their original expiration date) and become consumable again upon re-subscription within their remaining lifetime.
Expired Credits are forfeited automatically and may not be reinstated except in our sole discretion.
Except where required by applicable law, all payments for Credits are final and non-refundable. We do not provide refunds, credits, or exchanges for: unused Credits, expired Credits, forfeited Credits, Credits consumed (including in error or as a result of misconfiguration on your part), Credits associated with terminated or suspended accounts, or changes in our pricing or in the rate at which Credits are consumed. Where we do, in our sole discretion, issue a refund, it may be subject to verification of the underlying transaction and is not a precedent for any other refund.
All unused Credits are immediately and irrevocably forfeited upon: (i) closure of your account at your request; (ii) termination of your account by us for breach of these Terms; (iii) the period during which your account is suspended; (iv) initiation by you of a chargeback, payment dispute, or reversal in connection with the purchase of those Credits; or (v) the death or dissolution of the account holder. Forfeited Credits have no value and are not refundable.
The number of Credits consumed by a given operation (the "Credit-to-Action Rate") is variable and is determined at the time the operation is performed, based on factors that may include the type of operation, the conversion and output options you select, the properties of your input file (such as size, duration, resolution, and complexity), the properties of the output, and the computing resources the operation consumes (such as processing or CPU time). Any Credit-to-Action Rates and dollar-to-Credit purchase prices published on our pricing page or in the Documentation are indicative only and are subject to §8.13 (Estimates) and §8.14 (Measurement).
We reserve the right, at any time and in our sole discretion, to change: (a) the definition and meaning of a Credit and the unit or units in which consumption is measured; (b) the factors, formulas, models, and methodology used to determine Credit consumption and the Credit-to-Action Rate, including how processing or CPU time is converted into Credits; and (c) the dollar-to-Credit purchase price. Such changes apply prospectively — to operations performed, and to Credit purchases made, on or after the date the change takes effect. The dollar-to-Credit purchase price in effect at the time you buy Credits applies to that purchase. Credits you have already purchased remain valid for their stated lifetime (subject to §8.5 and §8.7); however, because the Credit-to-Action Rate is variable, the number of Credits that any given operation consumes — including operations paid for with previously purchased Credits — is determined under the methodology and rates in effect when that operation is performed. We may reduce the Credits required for an operation (making your Credits go further) at any time without notice.
If you initiate a chargeback or payment dispute with respect to a Credit purchase, we may, in addition to any other remedies: (i) immediately suspend or terminate your account; (ii) reverse the Credit balance attributable to the disputed transaction, including by carrying a negative balance against future top-ups; (iii) bill you for collection costs, chargeback fees, and reasonable attorneys' fees in pursuit of disputed amounts; and (iv) decline future business with you. You agree to contact us before initiating a chargeback so that we may attempt to resolve the dispute.
You are responsible for all sales, use, value-added, withholding, excise, or similar taxes assessed on Credit purchases, other than taxes on our net income. Where we are required by law to collect such taxes, they will be added at the time of purchase.
Credits do not entitle you to any specific level of throughput, availability, performance, model selection, feature retention, or speed of execution. We may rate-limit, deprecate, throttle, queue, or temporarily refuse processing of API calls in our sole discretion. Credits required for a refused, canceled, or failed-on-our-side operation will not be consumed.
Where the Services fail to deliver the requested output and we determine that the failure is attributable to us, we will, in our discretion, decline to debit (or restore) the Credits that would have been consumed by the operation. This operational accommodation is not a refund of cash payment, does not modify §8.6, and does not create a right to restoration in any individual case.
Any cost estimate, quote, price calculator, sample price, "estimated Credits," or similar figure that we make available — whether through the Services, the Developer API (including any cost-estimation endpoint or response field), the user interface, the pricing page, or the Documentation — is a non-binding, good-faith approximation provided for convenience only. Estimates are generated before an operation is performed, from the information then available (such as declared or detected file properties and the options you select), and necessarily rely on assumptions and predictive models. The actual number of Credits consumed by an operation is determined only after the operation is performed, based on the operation's actual resource consumption and the actual properties of the input and output, and may differ from any estimate, sometimes materially. You are responsible for the actual Credits consumed regardless of any estimate, and no estimate constitutes an offer, a guarantee, or a cap on the Credits that may be consumed. Where we provide controls to set a ceiling or to require confirmation before an operation exceeds a threshold, it is your responsibility to use them.
We measure resource consumption — including, where applicable, processing or CPU time, file size, duration, and other operation, input, and output properties — using our own systems and methods. Our records of that measurement, and of the resulting Credit consumption, are authoritative and final absent manifest error. We may change our measurement methods, infrastructure, and processing software at any time; such changes may affect the resources an operation consumes and therefore the number of Credits it requires.
We may modify this §8 from time to time. Material changes will be notified by reasonable means (for example, posting to our website, in-product notification, or email to the address on file). Your continued use of the Services or retention of Credits after the effective date of any change constitutes acceptance.
§§8.2, 8.3, 8.6, 8.7, 8.9, 8.10, and 8.14 survive termination of your account and of these Terms.
This Section 9 governs paid subscriptions to the xconvert website (each, a "Website Subscription Plan"). API usage and credit consumption are governed by §8 (Credits). The general billing provisions in §7 apply to both.
We offer one or more Website Subscription tiers. The features, limits, and prices for each tier are published on our pricing page at https://www.xconvert.com/product. We may add, remove, rename, or alter the features of a tier from time to time; material changes affecting existing subscribers will be communicated in accordance with §7.1.
Website Subscription Plans are sold for fixed renewal terms — typically monthly or annual — as selected at checkout. Unless you cancel before the end of the then-current term in accordance with §9.4, your subscription will renew automatically for successive terms of the same duration, and we will charge your payment method on file at the then-current price for the same plan. By selecting a paid plan, you authorize this recurring charge.
You may change your Website Subscription tier at any time from your account page:
You may cancel a Website Subscription at any time from your account page or by emailing support@xconvert.com. Cancellation takes effect at the end of the then-current billing period. You will retain access to the subscription's features until that date and will not be charged for any further renewal. Cancellation does not entitle you to a refund of fees already paid, except as provided in §9.6 and §9.7.
We may suspend or terminate your Website Subscription, in whole or in part, if you breach these Terms, fail to pay any amount when due, or use the Services in a manner that risks harm to other users or our infrastructure. Where the breach is curable and not material, we will use reasonable efforts to provide notice and an opportunity to cure. Suspension or termination for cause does not entitle you to a refund.
If we terminate your subscription for a reason other than your breach — for example, discontinuation of a tier or the Services — we will refund a prorated portion of any fees paid for the unused portion of the current billing period. Where we discontinue a Service or material feature you have subscribed to, we will use reasonable efforts to give at least thirty (30) days' notice.
Subject to §9.7 and applicable law, all Website Subscription fees are non-refundable. We may, in our sole discretion, grant a refund or credit on a case-by-case basis; doing so does not establish a precedent or obligate us to do so in any other case.
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, you have the right to withdraw from a new Website Subscription Plan within fourteen (14) days of its commencement, without giving any reason, and to receive a refund of the fees paid. To exercise this right, contact us at support@xconvert.com within the 14-day period.
By beginning to use a paid feature of the Website Subscription Plan during the cooling-off period (for example, by performing a conversion that exceeds the free-tier limits), you expressly request that performance of the contract begin during the cooling-off period and acknowledge that, to the extent of the services actually provided, your right of withdrawal is reduced or lost as permitted by applicable consumer law.
If you are a California resident, the following disclosure applies in accordance with California Business and Professions Code §17600 et seq.:
We are not a backup service. Files uploaded to the Services are retained only for as long as is needed to provide the requested operation and any retention period stated on our pricing page or Documentation. Upon termination of your subscription or your account, any files we hold for you may be deleted in accordance with our standard retention schedule, regardless of the subscription tier you held. You are responsible for retaining your own copies of your files. See also our Privacy Policy.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. 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 use your account information to manage your use and access to the Services.
You must use the Services responsibly.
Children under 16 are not allowed to use XConvert Services. If you are based in the European Economic Area or in any country with similar regulation, you may only use XConvert Services if you are over the age at which you can provide consent to personal data processing under the laws of your country or if verifiable parental consent for your use of our Services has been provided to us. If you are a parent and you learn that your child is using our Services and you don't want them to, please contact us.
You must not misuse the Services, Software, or content that we provide to you as part of the Services or Software. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
(b) enable or allow others to use the Service, Software, or content using your account information;
(c) use the content or Software included in the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) share content or engage in behavior that violates anyone's Intellectual Property Right ("Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(g) attempt to disable, impair, or destroy the Services, software, or hardware;
(h) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(i) place advertisement of any products or services in the Services except with our prior written approval;
(j) use any data mining or similar data gathering and extraction methods in connection with the Services;
(k) violate applicable law; or
(l) encrypt or protect files in countries where this is prohibited.
XConvert may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to XConvert's web site shall be governed by the laws of the State of Ontario without regard to its conflict of law provisions.