ConvertFiles.ai Terms of Use


Last updated on: 6th July, 2023
  1. Welcome to ConvertFiles.ai!
  2. The terms and conditions as set out herein (“Terms”) constitute an agreement between Shopsense Retail Technologies Limited (“Fynd”, “we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093 which is a subsidiary of Reliance Retail Ventures Limited and any natural or legal person who access and/or use the Platform in any manner (referred as “you”, “your”, “User”), or uses any current or future service or functionality or offer made available on Platform, as updated from time to time.
  3. Fynd owns and operates a website www.convertfiles.ai and corresponding mobile application called ConvertFiles.ai (collectively known as “Website/Platform”), which gives User an image conversion service. It works 100% automatically and you have the option of converting images into formats that are supported on our Platform (“Service”).
  4. Please carefully read all the parts to understand the conditions applicable in case of usage of the Platform.
  5. TERMS AND CONDITIONS FOR USAGE OF PLATFORM
  • 1.
    GENERAL
    1. 1.1
      The terms and conditions for usage of the Platform as set out herein specifically govern your access and use of the Platform which provides a forum for you to, inter alia, upload an image and download the resulting image in a file format of your choice. Please note we currently provide this Service to you free of charge free, but reserve the right to, at our sole discretion (i) revise and/or limit the file formats supported on the Platform; (ii) amend the scope of the Service; (iii) suspend or restrict your rights to access the Platform and/or use the Service; and (iv) charge a fee for the Service.
    2. 1.2
      Please note that we may from time to time change these Terms. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
    3. 1.3
      Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms, the Privacy Policy of Platform and any other policies or guidelines that may be applicable on the Platform (collectively called the “Platform Policies”) at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the “Agreement”). If you do not accept any part of the Platform Policies or any subsequent modification therein, you must stop accessing and using our Services.
    4. 1.4
      This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    5. 1.5
      We authorise you to view and access the Platform solely for your use in good faith and refrain from any actions that endanger the functionality or operation of the Platform. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the Platform, Service, software, bypass security systems or access systems of the software or integrate malware into the Platform.
    6. 1.6
      Any accessing, browsing, or otherwise using the Platform indicates that you guarantee that you have all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for converting the uploaded photos or images.
    7. 1.7
      You affirm that you own the copyrights of the media assets that you process through the Platform and have not breached any provisions of the laws applicable to you. You shall be solely responsible for any negligence or fraudulent activity with respect to the media assets processed by you on the Platform.
    8. 1.8
      In case it is brought to our knowledge that the Platform is being misused for any illegal or fraudulent activity by any User, we reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately prevent such Users from using our Services withou orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
    9. 1.9
      By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement,. In the event we are made aware that a User is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to prevent the User from accessing or using the Services. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
    10. 1.10
      We make no representation that the content on the Platform or the Service is appropriate to be used or accessed outside the Republic of India. Any Users who use or access the Platform or Services from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. We assume you have all necessary rights under the laws and regulations applicable to your jurisdiction to use the Service on the Platform and you will be solely liable for all obligations, liabilities and penalties arising from, or in connection with, your use of the Service in contravention of any laws, regulations or rules applicable to a foreign jurisdiction.
  • 2.
    USE & REGISTRATION OF PLATFORM
    1. 2.1
      In order to avail the Service on the Platform, all you need is to visit www.convertfiles.ai and start using the Platform by uploading your selected image!
    2. 2.2
      You may access and use the Platform without signing up or creating an account, and transform a limited number of images, as permitted on the Platform. Thereafter, if you want to continue transforming images and/or want access to additional features/functionalities related to the Service, you shall be redirected to pixelbin.io (“PixelBin Platform”). Please note that services offered on pixelbin.io will be solely and exclusively governed by the terms and conditions, privacy policy and any other applicable policies or guidelines available on PixelBin Platform. You are encouraged to review such policies and terms before procuring any services on the PixelBin Platform.
  • 3.
    COMMUNICATION AND UNSUBSCRIPTION
    1. 3.1
      By accepting these Terms, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number or email address provided by you (if any). By accessing and using the Platform and/ or verifying your contact details with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
    2. 3.2
      You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications or writing to us at support@pixelbin.io
  • 4.
    DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
    1. 4.1
      We will try to ensure that all information and recommendations, whether in relation to the Services, offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
    2. 4.2
      You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platform.
    3. 4.3
      You agree and acknowledge that you are not infringing any third party rights by using third party owned images. In case of any infringement claims by any third party, you are solely responsible for responding to and bearing such claims, damages, cost, expenses, suits, etc. brought by any third party pertaining to the usage of the resulting images with the watermarks removed. In no way is the Platform or the Company or its affiliates responsible for any third party infringement claims arising from your breach of such third party intellectual property rights.
    4. 4.4
      As means to assist the users in identifying the Service of their choice, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Service, with the actual Services ultimately delivered to users. The appearance of the Service when delivered may vary for various reasons.
    5. 4.5
      1. 4.5.1
        in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Service or pricing information and/or specifications) on Platform;
      2. 4.5.2
        that the Service will be made available at all times; and
      3. 4.5.3
        that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
    6. 4.6
      THE PLATFORM AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT ON THIS PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. 4.7
      Disclaimer - To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
  • 5.
    AVAILABILITY AND ACCESSIBILITY OF PLATFORM
    1. 5.1
      We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
    2. 5.2
      Information that we publish on the World Wide Web may contain references or cross references to our products, programs and Service that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or Service in your country.
  • 6.
    THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
    1. 6.1
      During your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
  • 7.
    COPYRIGHTS IN CONTENT
    1. 7.1
      The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of Service. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Platform are either owned by or licensed to us.
    2. 7.2
      You may use and display the Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us including using and printing copies of the Service on the Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
    3. 7.3
      (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or Platform; or (e) link any other material to the Content displayed on the Platform, without our express written consent.
    4. 7.4
      (a) resale of Service or commercial use of the Platform or Content, (b) use of Service in any derogatory or in violation of any laws, (c) any use of Platform, the Services and/or of Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Content, and (f) creating and/ or publishing your own database that features parts of the Platform.
    5. 7.5
      If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@pixelbin.io
  • 8.
    TRADEMARKS
    1. 8.1
      All the trade names associated with us and all Service and logos denoted with TM on the Platform are trademarks or registered trademarks of us or our affiliates. Such trademarks may not be used in connection with any product or service that is not our product or service.
  • 9.
    LICENSE AND USE OF YOUR CONTENT
    1. 9.1
      You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
    2. 9.2
      We are not liable for any infringement of copyright arising out of submissions of our Users or any other third parties.
    3. 9.3
      Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
    4. 9.4
      We reserve the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of these Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of these Terms shall survive the termination or expiration of these Terms.
  • 10.
    USER WARRANTIES AND RESTRICTIONS
    1. 10.1
      (a) your use of Platform and/or Service will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Personal Information and/or Service (if any) is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to prevent your use of the Platform or Service and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates and hold us harmless against all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.
    2. 10.2
      You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Service, subject to these Terms.
    3. 10.3
      1. 10.3.1
        Delete or modify any content on Platform, such as any information regarding the Service, their performance, sales or pricing;
      2. 10.3.2
        Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;
      3. 10.3.3
        Make false or malicious statements against the Service, Platform or us;
      4. 10.3.4
        Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Service;
      5. 10.3.5
        Introduce any trojans, viruses, any other malicious software, any bots or scrape on Platform for any information;
      6. 10.3.6
        Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
      7. 10.3.7
        Hack into or introduce malicious software of any kind onto Platform;
      8. 10.3.8
        Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Service; or
      9. 10.3.9
        Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
    4. 10.4
      1. 10.4.1
        belongs to another person and to which you do not have any right;
      2. 10.4.2
        is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. 10.4.3
        harms minors in any way;
      4. 10.4.4
        infringes any patent, trademark, copyright or other proprietary rights;
      5. 10.4.5
        violates any law for the time being in force;
      6. 10.4.6
        deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. 10.4.7
        impersonates or defames another person; or
      8. 10.4.8
        contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
  • 11.
    INDEMNIFICATION AND LIMITATION OF LIABILITY
    You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Service, violation of these Terms, or infringement of any of our or any third-party intellectual property or other rights.
  • 12.
    TERMINATION
    We may terminate the User’s usage of our Service and this Agreement with immediate effect, without prior notice to the User and without assigning any reasons whatsoever;
    1. 12.1
      If in our opinion, the User has breached any of these Terms or any other Platform Policies and/or;
    2. 12.2
      If in our opinion, or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason and/or;
    3. 12.3
      If the User is declared bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.
  • 13.
    These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
  • 14.
    FORCE MAJEURE
    We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
  • 15.
    WAIVER
    No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • 16.
    SEVERABILITY
    If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
  • 17.
    AMENDMENT
    These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on www.convertfiles.ai
  • 18.
    MISCELLANEOUS
    1. 18.1
      In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Service. You agree that we will not be liable for any transaction between you and any such third parties.
    2. 18.2
      These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Service to be provided by us shall be limited to the scope of these Terms.
  • 19.
    Nodal Officer
    Abhimanyu Mallik
    Designation. Nodal Officer
    Email Address. compliance@gofynd.com
    Contact number. 9152400341
    Registered Office. Shopsense Retail Technologies Limited
    1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar,
    Kondivita, Andheri East, Mumbai 400093
  • 20.
    Grievances


    Name. Sana Kazi
    Designation. Grievance Officer
    Email Address. grievance@gofynd.com
    Contact number. 8208165311
    Registered Office. Shopsense Retail Technologies Limited
    1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar,
    Kondivita, Andheri East, Mumbai 400093