Recently updated August 23, 2024

These Terms of Service ("Agreement") constitute a binding contract between you ("user" or "you") and StartConverter.com ("Provider") regarding your use of our website, web-based software, mobile apps, APIs, and additional services ("Services").

By creating an account, joining, or using our Services, YOU AGREE TO THESE TERMS. If you do not agree, please refrain from creating an account or using the Services.

1. SERVICES PROVIDED

1.1. Scope of Services: The specifics of the Services provided to you, including your subscription terms (such as service plan, user limits, costs), are outlined on our website and in your registration details.

1.2. User Access and Account Management: You are the sole authorized user as per your Subscription Terms. Ensure you use a personal email address for your account, as it is non-transferable and must not be shared.

1.3. Minors' Usage: Our Services are not intended for individuals under 18. If you use our Services to collect data from minors, you must obtain consent from their parent or legal guardian.

1.4. Third-Party Services: Optional third-party services accessed through our platform are subject to their own terms. Provider does not warrant these services unless explicitly stated by the third party.

1.5. Service Modifications: Provider reserves the right to modify, update, or discontinue Services as needed, while maintaining core functionality unless otherwise specified in this Agreement.

2. OWNERSHIP OF CONTENT

2.1. Your Content: You retain all rights to content (documents, images, etc.) you upload or use with our Services. Ensure your content complies with applicable laws.

2.2. Content Provided by Provider: Provider owns all rights to content (such as templates or formats) provided as part of the Services or business operations. This content remains distinct from Your Content.

2.3. Content from Third Parties: Content owned by parties other than you or Provider may be accessible via our Services. Such content is provided "as is" without service commitments.

3. LICENSE.

3.1. Your License. Subject to your compliance with this Agreement, Provider grants you a limited, non-exclusive, non-transferable (except as allowed by this Agreement) license to use the Services solely internally and only for your personal or internal business use. If you are licensing the API as part of the Services (as indicated in your Subscription Terms), your license also includes the right to incorporate the API into your products and services as permitted by your Subscription Terms. Provider reserves all privileges not explicitly granted to you in this Agreement.

3.2. Acceptable Use. You will not do any of the following (directly or indirectly):

(i) distribute, resell, or make the Services available to anyone except as expressly allowed by the Agreement or the Subscription Terms with respect to making the functionality of the Services available to third parties;

(ii) reverse engineer, disassemble, or decompile the Services or any software that is used to provide the Services;

(iii) tamper with any notices or technological restrictions in the Services;

(iv) share your login information with anyone or use any automated system, including robots, spiders, or offline readers, to access or operate the Services;

(v) use the Services to host, transmit, or otherwise aid illegal, abusive (including unsolicited), fraudulent, deceptive, threatening, explicit, obscene, hateful, or harmful content or behavior or malicious code;

(vi) use the Services for the benefit of a competitive offering;

(vii) materially overload, disrupt, overburden, or impair the Services;

(viii) misrepresent yourself or impersonate another person;

(ix) violate any law or anyone's rights (including intellectual property rights); or

(x) attempt any of the above.

3.3. Protective Actions. If Provider reasonably determines that you violate any of the use restrictions above, Provider may suspend or terminate your access to the Services or utilize other mechanisms available to Provider to prevent violations, including removing violating content and deactivating URLs or links provided by the Services. Provider will exercise commercially reasonable efforts to give you notice without unreasonable delay after taking protective action.

4. YOU AGREE TO PAY THE FEES OWED FOR THE SERVICES.

4.1. Fees for the Services. You will pay Provider all fees for the Services in accordance with Subscription Terms without withholding, offset, or deduction. Except as otherwise agreed by Provider, all fees are non-refundable, even if you are not using the Services or have only briefly used the Services. Any prepaid, unused Services will expire at the end of your subscription period unless carryover is expressly permitted by the Subscription Terms. Subscription fees are non-refundable; however, Provider may offer a refund, in its discretion as determined on a case-by-case basis, for specific Services for first-time users who are dissatisfied with the Services. Such refund policies only apply to you if you purchased any Services for the first time online via a self-service process without assistance from a Provider sales representative. Refund policies do not apply to excess usage fees, Content Provided by the Provider, and Services from Third Parties. To request a refund, please contact us.

4.2. Automated Billing. Before you can access Services, Provider may require you to provide a valid credit card or another form of payment acceptable to Provider. If you provide a credit card or other payment account which allows Provider to charge it, you agree that Provider may charge such payment account for all amounts due under this Agreement, including recurring fees. Provider may test your payment account with a miniscule charge, which will be refunded to you within ten (10) business days. To avoid interruption of The Services Provided to You, Provider may cooperate with your card provider to automatically update your payment account information. You authorize Provider's payment processing providers to securely store your payment account information, including updates, and use it in connection with your utilization of the Services as described in your Subscription Terms.

4.3. Taxes. You agree to pay all taxes and similar assessments, including sales tax, use tax, value-added tax (VAT), and goods and services tax (GST), imposed by any government on The Services Provided to You. If Provider does not collect taxes at the time of original purchase, Provider reserves the right to collect such taxes later using the same payment method with written notice explaining such charges. Provider also reserves the right to collect any penalties or interest imposed on your transactions if they are your fault (for example, if you provide us with a false address or tax status at the time of purchase).

4.4. Changes in Fees Will Be Effective as of Next Subscription Period. Provider may change its fees for the Services any time, including introducing fees for formerly Free Services. Provider will notify you of such changes in writing or by posting on the Services. Any changes in fees to The Services Provided to You will be effective as of your next subscription period and will not impact your current subscription period.

4.5. Contact Support with Questions about Payments. If you have a question about your payment or would like to dispute a charge, please contact Provider's customer support team by emailing us using this form. Please contact our support before disputing the payment with your financial institution

4.6 Billing terms. Start with a free five (5) days trial. You may cancel your membership at any time within your five (5) days trial period without providing a reason. To cancel, access your Account and click on the Cancel Subscription link, or simply contact us. At the end of the five (5) days trial period, your subscription will automatically extend to a full monthly subscription. The service will automatically charge the credit card you have provided the applicable monthly fee of 29.98, for as long as you continue the service. You may cancel the subscription at any time. Cancelling will end the recurring fee going forward. Cancelling the service does not retroactively refund subscription payments and previously charged subscription fees will not be pro-rated based on the cancellation date.

5. ELECTRONIC COMMUNICATIONS.

By accepting these Terms, you consent to receive electronic communications from Provider. These electronic communications may include notices about your subscription, payments, security, violations of the Agreement, suspension of your utilization of the Services, termination of the Agreement, changes to Services, and other communications related to the Services. You also agree to receive marketing communications from Provider, unless and until you opt out of receipt of some or all such marketing emails.

6. PROVIDER WARRANTIES.

6.1. Provider Warranties. Provider warrants to you that the Services (excluding Content from Third Parties and Services from Third Parties) will:

• operate substantially in conformance with the Subscription Terms; and
• be provided via an infrastructure that employs security practices that Provider has determined in good faith to be commercially reasonable.

6.2. AS-IS; NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND PROVIDER EXCLUDES AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.

6.3. NO LEGAL OR OTHER PROFESSIONAL ADVICE. NONE OF THE SERVICES AND PROVIDER CONTENT CONSTITUTES OR PROVIDES LEGAL OR OTHER PROFESSIONAL ADVICE. PROVIDER DOES NOT WARRANT THAT ANY OF THE SERVICES OR Content Provided by the Provider WILL PRODUCE ANY SPECIFIC LEGAL OUTCOME. YOU SHOULD CONSULT A QUALIFIED LICENSED ATTORNEY OR ANOTHER APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

7. LIMITATION OF LIABILITY.

EXCEPT FOR YOUR BREACH OF ANY OF YOUR OBLIGATIONS IN SECTION 5 ABOVE, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS, OR GOODWILL, LOST DATA OR CONTENT, DATA BREACHES, LOST CUSTOMERS, BUSINESS INTERRUPTION, COST OF COVER, OR REPLACEMENT SERVICES, IN CONNECTION WITH THE SERVICES OR FROM your utilization of OR INABILITY TO USE SERVICES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER OR NOT SUCH PARTY KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL CUMULATIVE LIABILITY OF THE PROVIDER TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING BY STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNT OF FEES PAID BY YOU TO PROVIDER DURING THE TWELVE (12) MONTHS BEFORE THE DATE ON WHICH ANY CLAIM AROSE. YOU ACKNOWLEDGE THAT THE EXCLUSIONS, DISCLAIMERS, AND LIMITATIONS IN THIS AGREEMENT, INCLUDING THOSE IN SECTIONS 7 AND 9, ARE AN ESSENTIAL PART OF THIS AGREEMENT, INCLUDING THE AGREEMENT ON ALLOCATION OF RISKS, AND ARE THE BASIS FOR ENABLING PROVIDER TO OFFER THE SERVICES TO YOU FOR THE FEES SPECIFIED. YOUR JURISDICTION MAY NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY, SO THE LIMITATIONS OR EXCLUSIONS OF SECTIONS 7 AND 9 OF THIS AGREEMENT MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PROVIDER WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. INDEMNIFICATION.

8.1. Indemnification. You will defend Provider from and against any claim and indemnify and hold Provider harmless from any resulting liabilities to the extent such claim alleges that (a) Your Content infringes or misappropriates a third party's contractual, intellectual property or privacy rights; (b) your breach of any provision of this Agreement; or (c) your violation of law, gross negligence, or willful misconduct (each or any being a "Claim").

8.2. Notification Procedure. The indemnified party will (a) promptly provide notice to indemnifying party of any Claim for which indemnity is sought, (b) permit indemnifying party to control the defense of any such Claim, and (c) provide reasonable assistance to indemnifying party (at the indemnifying party's expense). The indemnifying party will not enter into any settlement that imposes liability or obligations on the indemnified party without the indemnified party's prior written consent.

9. HANDLING OF PERSONAL DATA.

To the extent that Provider has access to any personal data gathered from you in connection with the Services, such information will be processed in accordance with the provisions ofh Provider's Privacy Notice at https://startconverter.com/privacy.php.

10. Term and Termination of This Agreement

10.1. Agreement Term: This Agreement becomes effective upon your acceptance, such as by clicking "register," "start trial," or similar actions to create an account for the Services, or by executing the Subscription Terms document with Provider incorporating these Terms by reference. The initial subscription period for the Services provided to you will be specified in the Subscription Terms. The Agreement automatically renews for successive periods equal to your initial term unless terminated by either party. If no specific period is stated, it will renew month-to-month.

10.2. Your Right to Terminate: You can terminate this Agreement at any time by (a) logging into your account and canceling your subscription through account settings (if available), or (b) contacting Provider support and receiving written confirmation of your termination request. Provider does not refund fees upon termination unless otherwise agreed.

10.3. Provider's Right to Terminate: Provider may terminate this Agreement immediately without refund if (a) you violate use restrictions in Section 5, (b) fail to pay within 30 days of written notice for non-payment, (c) provide false or invalid billing or contact information, (d) your payment is reversed or bounced, (e) you materially breach this Agreement and fail to cure within 30 days of written notice, or (f) you enter bankruptcy, insolvency, or similar proceedings.

11. No Class Action Litigation and Waiver of Jury Trial

11.1. No Class Actions: You agree to bring claims solely on an individual basis, waiving any right for collective or class action claims or claims brought on behalf of others ("Class Action Waiver"), unless agreed otherwise in writing by all parties.

11.2. Waiver of Jury Trial: Each party waives the right to a trial by jury to the fullest extent permitted by applicable law in any legal proceeding arising from or related to this Agreement or the transactions contemplated herein.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware for contracts made and performed entirely within that state. Any dispute shall first be submitted to non-binding mediation. If mediation fails, either party may seek court appointment of a mediator. Claims not raised in writing within one year of arising are waived.

13. Changes to the Agreement

Provider may propose changes by posting an updated version on its website. Material changes, excluding those required by law, take effect in your next subscription period. You may terminate the Agreement if you reject such changes.

14. General Provisions

14.1. Provider is not liable for failure to perform due to circumstances beyond its control ("Force Majeure"), including natural disasters, wars, government actions, and other events.

14.2. Waivers of rights must be in writing. No waiver of one breach excuses subsequent breaches.

14.3. If any part of this Agreement is found unenforceable, the rest remains valid. Parties agree to modify unenforceable provisions to reflect original intent.

14.4. This Agreement cannot be assigned except for mergers or asset sales. Provider may assign to affiliates.

Venvid Way LLC
10105 E via Linda Ste 103
Scottsdale, AZ 85258