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File Converter

Terms of Service

Terms and conditions for our file conversion services

The File Converter website at file-converter.org is owned and operated by Zamzar Limited. Zamzar Limited is a provider of file conversion services based in England. Our company number is 06463494 and our registered office is at The Courtyard, Shoreham Road, Steyning, West Sussex, BN44 3TN. All references in this policy to "File Converter", "Zamzar", "our", "us" or "we" refer to Zamzar Limited, or our suppliers which provide services to us, as appropriate.

These Terms of Service (the "Agreement") set forth the terms and conditions upon which we make available our file conversion services ("Services") to you ("Customer" or "You"). For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; Your use of the Services is expressly conditioned on your compliance with these Terms of Service.

By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that we may revise these Terms of Service from time to time. If we make changes, we will indicate at the top of this page the Terms of Service effective date. By continuing to access or use the Services after we make any such revision, you agree to be bound by the revised Terms of Service.

If you are a consumer, any personal data you provide to us will be processed in accordance with our Privacy Policy. If you are a business customer, any personal data you provide to us will be processed in accordance with our Data Processing Agreement (DPA), which we require you to enter at the same time as these Terms of Service. If, as a business customer, you sign up to or use our Services in a personal or individual capacity, but intend to use the Services for your end-users, we are required to process the personal data of your end-users in accordance with the DPA. You should inform us if that is the case, and review and accept the terms of the DPA in order to understand how such personal data will be processed.

  • This policy is effective from 15th November 2024
  • This policy was last modified on 15th November 2024

1. Definitions

1.1 "Effective Date"

Means the date which you commence using the Services.

1.2 "Services"

Means the provision of services as delivered via the website at file-converter.org

2. Description of services

The Services provide a user the ability to transform a file (a "User File") or multiple files ("User Files") from their original file format to a user-selected file format. The Services operate by storing the uploaded User File(s) to our servers, converting it/them into a new file format ("Converted File(s)") and then providing a link (or links) to download the Converted File(s). We will also send the download link(s) to your email address if you have chosen to provide one. You may then access and download the Converted File(s) by clicking on the link(s). You acknowledge and agree that we may, where we have a valid reason, establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. We reserve the right, where we have a valid reason, to change or discontinue any of the Services at any time.

Subject to all the terms and conditions of this Agreement, we shall supply the Services to you and grant you a personal, non-transferable, revocable licence to use the Services from the Effective Date at which you commence using the services.

3. Making a Contract with You

No sign up is required to access the Services. All you have to do is accept these Terms of Service. At this point a contract between you and us will be formed.

4. Responsibility for Data

While we try to ensure that the Services are error free, and without prejudice to our obligation under applicable data protection laws to take appropriate technical and organisational measures and procedures to ensure a level of security appropriate to the risk for your personal data, subject to section 16 below:

  • we cannot guarantee that our Services will be compatible with your computer;
  • we cannot guarantee that User Files or Converted Files will not be deleted or lost;
  • you acknowledge and agree that we will not be responsible for any failure of the Services to convert a User File or store a User File or Converted File;
  • you acknowledge and agree that we will not be responsible for the deletion of a User File or Converted File stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File; and
  • you bear full responsibility for archiving and backing up your User Files and data and sole liability for any lost or irrecoverable User Files or data.

5. Privacy Policy

We respect the privacy of others. Please see our Privacy Policy for further information.

We respect the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under our Services.

Subject to section 15.2 below:

Users of our Services upload, convert, access and use materials and services at their own risk, we do not monitor customer content.

We will not be liable for any damages claimed by third parties as a result of any use as a result of our services, information, or products.

Each and every user is solely responsible for all materials stored with us, for accuracy of such materials, and for acquiring all necessary authorizations for converting the materials, including, without limitation, all hyperlinks and marketing materials; and

We make no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the internet through the use of our Services.

We may, at our discretion, iremove content, disable and/or terminate the accounts of users and/or deny users future access to our Services, who may be infringing the intellectual property rights of others or ours, or otherwise potentially expose us to civil or criminal liability. However, such rights shall in no way create an obligation for us to edit or review the website(s) or content.

If you are a copyright owner wishing to pursue any of these issues please email us at: info@file-converter.org

7. Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of us. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials (except those uploaded by users) provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services are provided either by us or by our respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by us and/or our Third Party Providers.

8. General Prohibitions

As a condition to your use of the Services, you agree not to:

  • Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
  • Access, tamper with, or use any non-public areas of the Services or our computer systems or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of the Services, including, where applicable, the desktop application, or any related system or network or breach any security or authentication measures;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on our servers;
  • Automate the use of the Services. You must not use or launch any automated system (including, without limitation, a computer program, software, bots or robots) that accesses the Services in an unattended manner;
  • Distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Services, including, without limitation, providing outsourcing, hosting, desktop or mobile software or applications (apps) or on-line services to third parties, or otherwise make the Services, or access thereto, available to any third party;
  • Impersonate or misrepresent your affiliation with any person or entity; or
  • Share your account with other users or companies (be they individuals or groups of people). We reserve the right to close accounts which are shared with other people.
  • Consume disproportionate system resources by submitting excessive numbers of files for conversion in a manner which may degrade services for other users. We reserve the right to close or suspend accounts which are engaged in this activity.

We will have the right to investigate, prosecute or pursue civil remedies for violation of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Any files uploaded to the our service which appear to involve child exploitation will be reported to the US National Center for Missing & Exploited Children's CyberTipline. Additionally any users found to be uploading files which appear to involve child exploitation will be permanently banned from using our services.

The Services may make available links to third-party websites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by us of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

10. Disclaimer of Warranties (Business Customers Only)

IF YOU ARE A BUSINESS CUSTOMER THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). WE MAKE NO WARRANTY THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE DESKTOP APPLICATION (WHERE APPLICABLE), WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE DESKTOP APPLICATION (WHERE APPLICABLE). IF WE PROVIDE ADVICE OR INFORMATION ON WAYS TO USE THE SERVICE OR WAYS IN WHICH YOUR USE OF THE SERVICES MAY BE IMPROVED, WE ARE NOT OFFERING ANY PROMISE OR GUARANTEE IN ADDITION TO THOSE EXPRESSLY STATED IN THESE TERMS OF SERVICE.

11. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

12. Indemnity (Business Customers Only)

You agree to defend, indemnify, and hold harmless our company, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.

13. Compensation (Consumer Customers Only)

If you are a consumer you agree to compensate us in full for any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, that are foreseeable, as explained below, arising out of or in any way connected with your access to or use of the Services, or your violation of this Agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was entered into, both parties knew it might happen, for example, if you discussed it with us during the sales process.

14. Limitation of Liability (Business Customers Only)

Your use of our Services is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, please contact us at info@file-converter.org. If you use the "Free" level of service, you acknowledge that save for any liability we cannot exclude at law, your sole remedy is to discontinue use of the Services. You expressly understand and agree that we shall not be liable for any indirect loss, consequential loss, loss of profits, loss of revenue, loss of business opportunity, loss of anticipated savings, loss or damage to goodwill or reputation, loss of use or data or damage to your IT equipment or systems resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute Services; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party using the Service; or (V) any other matter relating to the Services. If you are a Subscriber to the "Basic", "Pro" or "Business" levels of service, our aggregate liability to you in connection with this Agreement is limited to the sum of £5,000.

15. Limitation of Liability (Consumer Customers Only)

15.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are performed with reasonable care and skill.

15.3

When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.4

We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in section 15.

16. Notice

We may provide you with notices, including those regarding changes to the Services by postings on the Services.

If you have provided your consent, we will send you an email newsletter publication from which you will be able to unsubscribe at any point. Please see our Privacy Policy for further information.

17. Enforcement of this Agreement

Our failure to enforce any right or provision of this Agreement will not be deemed as us having given up the right to enforce such right or provision.

18. Miscellaneous

18.1 Relationship

Customer and us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18.2 Transferring Rights

Customer may not transfer any of its rights, or delegate any of its duties, under this Agreement, and any attempted transfer will be null and void.

18.3 Events Outside Our Control

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from events beyond our control.

18.4 Confidential Information

You represent and promise to us that (a) you are not a competitor of ours, (b) you shall keep publicly unannounced information and materials pertaining to our company, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the website or use of the Services to compete with us in our business.

18.5 Publicity

You hereby grant to us a non-transferrable (except in connection with an assignment of this Agreement), non-exclusive right to use the trademarks, service marks, trade names, and logo, whether registered or otherwise, in order to provide the Services, and acknowledge that we may use your trade name and logo for the purpose of identifying you as a client of our products and/or services. We will cease using your trade name and logo upon written request.

19. Controlling Law and Jurisdiction

19.1 Where you are a business customer

These Terms of Service and any action related thereto will be governed by the laws of England without regard to its conflict of law provisions. The English courts shall (subject to section 22.3 below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.

19.2 Where you are a consumer customer

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

19.3 Applicable jurisdiction

For our exclusive benefit and to the extent possible in the applicable jurisdiction, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

20. Entire Agreement

These Terms of Service are the entire and exclusive agreement between us and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between us and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other of our services, affiliate services or third-party content software or services. Please be aware that we reserve the right to cancel any transmission we find in violation of any of the above terms.

If you have any questions about these Terms of Service, please contact us at info@file-converter.org.

Complaints about violators of the Terms of Service should be sent via e-mail to info@file-converter.org. Each complaint will be investigated and may result in the immediate cancellation of Services without prior notice.