These terms and conditions (“Terms”) are applicable to Nutrient’s website (www.nutrient.io) and all associated and linked sites by Nutrient (collectively the “Website”).  The Website is the property of Nutrient and its affiliates.  By using the Website, you are agreeing to these terms and conditions; if you do not agree, you may not use the Website.

Nutrient reserves the right to modify these Terms at any time and for any reason; such changes may include, but are not limited to, the imposition of new or additional terms or conditions. Any modification of or amendment to these Terms shall enter into force and be legally binding upon publication of such changes to this page.  Nutrient grants you personal, non-transferable, non-exclusive, and limited privilege to use the Website, conditioned expressly upon your compliance with the Terms.  As used herein and on our websites, “Nutrient” means PSPDFKit GmbH and its affiliates, including Orpalis Imaging SAS, Muhimbi Ltd, Aquaforest Ltd, Integrify, Inc., and PSPDF US, Inc. 

Content and Use of Website

All text, images, graphics, logos, trademarks, and computer code (collectively "Content") featured on the Website, along with the design, structure, and arrangement of the Content, are owned or licensed by Nutrient. Except where expressly provided otherwise or as agreed by Nutrient, no portion of the Website or Content may be copied, reproduced, republished, publicly displayed, encoded, translated, transmitted, or distributed.  You are not permitted to gain unauthorized access to any part of the Website or any systems connected thereto or bypass authentication measures; to test or scan the vulnerability of the Website or the security or any systems connected thereto; or to access information about other users of the Website or Nutrient customers.  You will not attempt to interfere or interfere with the functionality of the Website.  You are not permitted to use the Website for any illegal or prohibited purpose.

Other Terms

The terms and conditions of any individual written agreement between the User and Nutrient which conflicts with these Terms shall control over these Terms.

Nutrient expressly reserves the right to make changes to its Products and/or Services offered or described on the Website at any time and without prior notice.

Nutrient’s Privacy Policy (available at www.nutrient.io/legal/privacy/), as amended from time to time, is incorporated herein by reference and made an integral part of these Terms.

Disclaimer, Limitation of Liability, and Indemnity

NUTRIENT MAKES NO GUARANTEES THAT THE WEBSITE OR CONTENT WILL BE FREE FROM ERRORS OR INTERRUPTIONS, THAT DEFECTS WILL BE FIXED, OR THAT YOUR USE OF THE SITE WILL RESULT IN SPECIFIC OUTCOMES. THE SITE AND ITS CONTENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." ALL INFORMATION ON THE SITE MAY CHANGE WITHOUT NOTICE. NUTRIENT DOES NOT GUARANTEE THAT FILES OR DATA YOU DOWNLOAD WILL BE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. NUTRIENT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NUTRIENT IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF THIRD PARTIES RELATED TO YOUR USE OF THE WEBSITE. YOU ARE FULLY RESPONSIBLE FOR YOUR USE OF THE WEBSITE.  

NUTRIENT IS ONLY LIABLE FOR ANY DAMAGE CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.  NUTRIENT DISCLAIMS ANY AND ALL LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE, LOST PROFIT, CONSEQUENTIAL OR PUNITIVE DAMAGE, OR NON-MATERIAL DAMAGE OF ANY KIND. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Nutrient and its officers, directors, shareholders, employees, contractors, agents, subsidiaries, and affiliates, from any and all claims, losses, liabilities, or expenses (including but not limited to attorneys’ fees) brought by a third party as a result of or related to your use of the Website.

Governing Law

These Terms are governed by and construed in accordance with the laws of Austria with the exclusion of its conflict of law rules to govern, interpret, and enforce all of the rights, duties, and obligations of User and Nutrient arising from or relating in any manner from these Terms.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply.  For all disputes arising out of or related to these Terms, the sole place of jurisdiction shall be the relevant court in Vienna, Austria; and User expressly submits to the personal jurisdiction of such court and waives any such jurisdictional arguments to the contrary.  Should any provision of these Terms be invalid or become invalid or should these Terms contain an omission, then the legal effect of the other provisions herein shall not be affected thereby. These Terms of Use may not be construed to grant or create any rights or remedies to or in any third party.