Terms of use

Terms of Use

 

Effective Date: July 1, 2023 

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ThinPaper, Inc. (“ThinPaper”, “we,” “us” or “our”), a Delaware corporation, concerning your access to and use of the ThinPaper website located at www.ThinPaper.com and any other websites, platforms, applications or services operated by ThinPaper (collectively, the “Site”). 

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.

 

  1. Privacy Policy

 

Please review our Privacy Policy for details on how we collect, use, and share your personal information. The Privacy Policy is incorporated by reference into these Terms.

 

  1. Eligibility and Account Registration

 

You must be at least 18 years old to use the Site and services. To access certain features, you must register and create an account. During registration, you agree to (a) provide accurate and complete information, (b) maintain and promptly update your information, (c) maintain the security of your password and accept all risks of unauthorized access, and (d) immediately notify ThinPaper of any unauthorized use.  

 

  1. License to Use the Site  

 

Subject to your compliance with these Terms, ThinPaper grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site and services. This license does not include any right to (a) sell, resell or commercially use the Site or content, (b) copy, reproduce, distribute, publicly perform or display any Site content, except for your own content as authorized below, (c) modify the Site or services, or (d) use any data mining, robots or similar data gathering methods. ThinPaper may terminate this license and your account at any time for any reason.

 

  1. Your Use of the Site and Services

 

You may use the Site services and tools to create, share, edit and electronically sign documents and manage workflow. You retain ownership of any documents, content or information you create and provide through the Site (“User Content”), subject to licenses granted to ThinPaper below. You are solely responsible for your User Content and warrant that you have all rights needed to share it on the Site. You understand ThinPaper does not review or endorse any User Content.

 

  1. Acceptable Use Policy

 

You agree not to use the Site or services to:

 

(a) Violate any laws, regulations, third party rights or ThinPaper policies;

(b) Distribute spam, junk mail, chain letters, malware or other harmful or illegal content;  

(c) Infringe copyrights, trademarks or other intellectual property rights of others;

(d) Gain unauthorized access to ThinPaper’s systems, platform or data, or those of other users;

(e) Impersonate others or provide inaccurate information;

(f) Advertise, solicit or conduct commercial activities;

(g) Post illegal, offensive, obscene or indecent content;

(h) Violate the privacy or rights of others;

(i) Intimidate, harass, stalk or harm others;

(j) Disrupt or interfere with the Site or ThinPaper’s business operations;

(k) Circumvent security measures, access controls or usage limits; or

(l) Engage in any unlawful, invasive, infringing, defamatory or fraudulent purposes.

 

Violating these rules may result in termination of your account. ThinPaper reserves the right to remove any User Content for any reason.

 

  1. Your Responsibilities for User Content

 

You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Services. To access the Services, you must have an account associated with a valid email address and a valid form of payment. Unless explicitly permitted by these terms, you will only create one account per email address. Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.

 

You are solely responsible for any and all User Content you provide, upload, distribute or share on the Site. You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content in a manner that will provide appropriate security and protection, which might include use of encryption to protect Your Content from unauthorized access and routinely archiving Your Content. This includes ensuring content is accurate, lawful and does not violate others’ rights. 

 

You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services, and for their compliance with your obligations under this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and the Services by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.

 

ThinPaper does not review, verify, endorse or claim ownership of User Content. You grant ThinPaper a non-exclusive, worldwide, royalty-free license to use, copy, modify and distribute your User Content solely to provide and optimize Site services. This license expires when you remove your User Content from the Site. You represent and warrant you have all necessary rights to share User Content on the Site and use our services without violating these Terms or others’ rights.

 

  1. Fees and Payments

 

Some Site services require payment of fees, either individually, subscription-based, or on other pricing plans. You must pay all applicable fees to use paid services and authorize ThinPaper to charge your chosen payment method. This includes any recurring subscription fees or other recurring charges. Applicable taxes and other charges may apply to your payments. Paid subscriptions will automatically renew continuously until canceled by you or terminated by ThinPaper. 

 

  1. Refund Policy

 

If you feel there has been an error in billing, please contact ThinPaper Support so that we can help you resolve the issue. For individual document purchases, refunds may be provided at ThinPaper’s discretion. Individual purchases cannot be exchanged for or converted to a subscription plan under any circumstances. For monthly subscriptions, you may cancel without penalty during the free trial period. After billing starts, refunds may be considered on a discretionary basis depending on account activity. Any activity after the initial billing will make the account ineligible for a refund. For annual subscriptions, refunds or prorated refunds may be considered at ThinPaper’s discretion based on account activity. Any activity after the initial billing period begins will make the account ineligible for a refund. If a prorated refund is provided, the prorated monthly amount will be determined on a case-by-case basis depending on the account’s download history. Please contact Support with any billing inquiries so we can assist you.



  1. Disclaimers of Warranties 

 

THE SERVICES AND AWS CONTENT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR CONTENT OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR AWS CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

 

  1. Limitations of Liability

 

WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR AWS CONTENT, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 11.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Indemnification  

 

11.1 General. 

 

You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users’ use of the Services (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users or Your Content; or (c) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.

 

11.2 Intellectual Property.

 

(a) Subject to the limitations in this Section, ThinPaper will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

(b) Subject to the limitations in this Section, you will defend ThinPaper, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

(c) Neither party will have obligations or liability under this Section 11.2 arising from infringement by combinations of the Services or Your Content, as applicable, with any other product, service, software, data, content or method. In addition, ThinPaper will have no obligations or liability arising from your or any End User’s use of the Services after ThinPaper has notified you to discontinue such use. The remedies provided in this Section 11.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.

 

(d) For any claim covered by Section 11.2(a), ThinPaper will, at its election, either: (i) procure the rights to use that portion of the Services alleged to be infringing; (ii) replace the alleged infringing portion of the Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the Services to make it non-infringing; or (iv) terminate the allegedly infringing portion of the Services or this Agreement.

 

11.3 Process. 

 

The obligations under this Section will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other party (at the other party’s expense) in the defense and settlement of the claim. In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.

 

  1. Copyrights and Trademarks

 

You are responsible for Your Content. You will ensure that Your Content and your and End Users’ use of Your Content or the Services will not violate any of the Policies or any applicable law. The Site design, text, graphics, interfaces, content, logos and service marks are owned by ThinPaper and protected by copyright, trademark and other laws. You may not use ThinPaper’s trademarks or logos without prior written consent. If you believe content posted on the Site infringes your intellectual property rights, please submit a DMCA notice to [email protected]. 

 

  1. Termination of Use  

 

ThinPaper may terminate your access and delete your account at any time for any reason. You may cancel paid services per Section 7. Upon termination you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period. 

 

  1. Modifications and Interruptions

 

ThinPaper reserves the right to modify or discontinue the Site or your account at any time, temporarily or permanently, without notice. ThinPaper will not be liable for modifications, disruptions or suspensions of the Site or any lost or incomplete data.

 

  1. Arbitration and Governing Law

 

Disputes will be resolved by binding arbitration, rather than in court, except that either party may elect to proceed in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter notifying us of your intent to pursue arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA commercial fee schedule. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We and you further agree that the underlying award in arbitration may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

  1. Entire Agreement

 

This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control.

 

  1. Force Majeure

 

We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

  1. General Provisions

 

These Terms constitute the entire agreement and supersedes any prior agreements. Failure to enforce a right or provision will not waive such right or provision. If any provision is invalid or unenforceable, the other provisions remain in effect. You may not assign or transfer these Terms without prior written consent. We may assign our rights without restriction, including to any ThinPaper affiliates or in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Section titles do not limit interpretation. “Including” means “including without limitation.”

 

  1. Contact Information

 

Please direct any questions about these Terms to us at [email protected].