Terms of use

1. Who we are and what these terms cover

FileKiwi (the website at filekiwi.com, including all its tools, pages and guides, together the Service) is operated by BDK Media, based in Warsaw, Poland (BDK Media, we, us). You can reach us at contact@filekiwi.com.

These Terms of Use (the Terms) form a binding agreement between you and us about your use of the Service. They also serve as the terms and conditions for services provided by electronic means within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means. Our Privacy Policy, Cookie Policy, Acceptable Use Policy, Copyright and Content Notices policy, Disclaimer and Security Policy are part of these Terms.

By opening the Service, selecting a file or using any tool, you accept these Terms. If you do not agree, please do not use the Service.

2. Definitions

• Tool: any converter, compressor, editor or other function offered on the Service.
• Browser Tool: a Tool that processes your file locally in your web browser, without sending it to us.
• Server Tool: a Tool that sends your file to our server for processing and returns the result to you.
• Your Content: any file, text or other material you select, upload or process with the Service, and the results created from it.
• Consumer: a natural person using the Service for purposes not directly related to their business or profession, including a sole trader where mandatory law gives them consumer protection.

3. Who may use FileKiwi

• You must be at least 16 years old, or use the Service with the consent and under the supervision of a parent or legal guardian.
• If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms for it, and "you" includes that organisation.
• You may not use the Service if you are barred from doing so under the laws that apply to you, including sanctions laws.

4. The Service

FileKiwi offers free online Tools to convert, compress, merge, split, rotate, resize, crop and otherwise edit images, PDF files and documents, plus guides about file formats. No account, registration or payment is needed. We do not add watermarks to your files.

Technical requirements. To use the Service you need an internet connection and a current version of a common web browser (for example Chrome, Edge, Firefox or Safari) with JavaScript and WebAssembly enabled. Some Tools, especially the AI based Tools and work with very large files, need enough free memory on your device and may not work on older or low memory devices.

The agreement and how it ends. The agreement for the use of the Service is concluded when you start using it and ends when you stop. You can stop at any time, without giving a reason and at no cost. Because nothing is stored in an account, there is nothing to cancel.

5. How your files are processed

• Browser Tools process files entirely on your device. Your files are not sent to us and we never see them.
• Server Tools send the file to our server over an encrypted HTTPS connection. The file is processed automatically, the result is sent back to you, and the file and the result are deleted from our server immediately afterwards. Any temporary file left behind by an error is deleted automatically within one hour.
• Each Tool page states which way it works, right below the upload button. Details are in our Privacy Policy.
• We do not keep copies of Your Content and cannot recover a file after processing. Download your result straight away and always keep your original file.

6. Your Content and your responsibility

• You keep ownership. We claim no ownership of Your Content.
• Limited permission. For Server Tools you give us a limited, temporary, free, nonexclusive permission to store, copy and transform Your Content only as far as technically needed to perform the operation you requested and to return the result to you. This permission ends when the file is deleted. We do not use Your Content for any other purpose, including training AI models.
• Your rights to the files. You confirm that you own Your Content or have all rights, licences and consents needed to process it with the Service, including the consent of any person shown in a photo or named in a document where the law requires it.
• Personal data in your files. If Your Content contains personal data of other people, you are responsible for having a lawful basis to process it. See section 14 of the Privacy Policy.
• Your use of the results. You alone decide what you do with the results and you are responsible for how you use, share or submit them.

7. Acceptable use

You must use the Service lawfully, fairly and only as intended. In particular you must not:

• process content that is illegal, including child sexual abuse material, content that infringes copyright, trademarks or other rights, or content you are not allowed to possess or share;
• use the Service to forge, falsify or alter official documents, signatures, certificates or evidence with the intent to deceive anyone;
• remove or bypass passwords, encryption, digital rights management or other protection on files you are not authorised to unlock;
• upload malware or files designed to harm or exploit our systems or other users;
• access the Service with bots, scrapers, scripts or automated tools, use our API endpoints outside of our website, or exceed reasonable usage, unless we have agreed to it in writing;
• attempt to probe, scan, overload, disrupt or gain unauthorised access to the Service or its infrastructure, except under our Security Policy;
• copy, frame, resell or offer the Service or its content as your own, or suggest that you are affiliated with FileKiwi when you are not.

The full rules are in our Acceptable Use Policy.

8. Limits, availability and changes

• To keep the Service fast and safe for everyone, we apply limits such as maximum file sizes, number of files and number of requests per period. Current file size limits are shown on each Tool page. If you exceed a limit, the request is refused.
• The Service is provided free of charge and we do not promise that it will be available at all times, without interruption or without errors. We may carry out maintenance, which can make the Service temporarily unavailable.
• We may add, change, limit or remove any Tool, feature or limit at any time, including to comply with the law or for security reasons.

9. Results, accuracy and special Tools

• Conversion changes files. Converting, compressing or editing a file can change its quality, layout, fonts, colours, metadata, transparency, page size or other properties. Some content (for example complex layouts, forms, annotations, embedded media, macros or digital signatures) may not be carried over, or may be invalidated.
• PDF to Word and text extraction recover text from the PDF. They do not reproduce the original layout exactly and cannot read text that exists only as an image.
• Target sizes. Tools that compress or resize to a size (for example under 100 KB or 200 KB) aim for that size but cannot guarantee it for every file. Some files can only reach the target with visible loss of quality.
• No guarantee of acceptance. We do not guarantee that any result will be accepted by a third party, such as a government portal, university, employer, court, bank or online form. Check the requirements of the recipient yourself.
• AI based Tools. Background removal, white background, background blur and face blur use automatic models that can make mistakes. Face blur and other privacy Tools do not guarantee anonymisation. Faces, number plates, text, reflections, tattoos or metadata may remain recognisable. Always review the result carefully before you share it.
• Your check. You must check every result before you rely on it, share it or submit it anywhere.

10. Our intellectual property

The Service, including its software, design, text, guides, graphics, icons, the FileKiwi name, logo and kiwi mascot, is owned by us or our licensors and is protected by copyright, trademark and other laws. We grant you a personal, revocable, nonexclusive, nontransferable permission to use the Service for its intended purpose under these Terms. You may share links to our pages and quote short parts of our guides with a link to the source. Any other copying, reproduction or reuse needs our prior written permission.

FileKiwi uses open source software. Those components remain subject to their own licences, which take priority over these Terms for those components.

Names of file formats, products and companies mentioned on the Service (for example Apple, iPhone, Microsoft Word, Adobe, Google or Android) are trademarks of their respective owners. FileKiwi is independent and is not affiliated with, endorsed by or sponsored by any of them.

11. Feedback

If you send us ideas, suggestions or feedback, we may use them freely to improve the Service without any obligation to you. Please do not send us confidential information or files you do not want us to see.

12. Links and third parties

The Service may contain links to websites or services of third parties. We do not control them and are not responsible for their content, policies or availability. Visiting them is at your own risk.

13. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON INFRINGEMENT AND UNINTERRUPTED OR ERROR FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT RESULTS WILL BE IDENTICAL TO YOUR ORIGINAL FILES, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in this section excludes warranties or rights that cannot be excluded under mandatory law, including the rights of Consumers.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, FILES, PROFITS, REVENUE, BUSINESS, GOODWILL OR OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE;
• WE ARE NOT LIABLE FOR DAMAGE CAUSED BY A RESULT YOU DID NOT CHECK, BY YOUR FAILURE TO KEEP A COPY OF YOUR ORIGINAL FILE, BY THE REJECTION OF A FILE BY A THIRD PARTY, OR BY EVENTS OUTSIDE OUR REASONABLE CONTROL;
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO 50 EUROS (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY), BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE.

These limits do not apply to liability that cannot be limited or excluded by law, in particular liability for damage caused intentionally, for death or personal injury, or for gross negligence where the applicable law does not allow its limitation. They do not affect any mandatory rights you have as a Consumer.

15. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless BDK Media and its owners, staff and partners from any claims, damages, losses, fines and costs (including reasonable legal fees) brought by third parties or authorities that arise from Your Content, your breach of these Terms or your violation of any law or third party right. If you are a Consumer, this section applies only where you acted intentionally or negligently and only to the extent mandatory law allows.

16. Suspension and enforcement

We may block, limit or suspend access to the Service, for example by blocking IP addresses or networks, without notice if we reasonably believe that you breach these Terms or the law, or that your use puts the Service, other users or third parties at risk. Where we become aware of content or activity that suggests a criminal offence, in particular one involving a threat to life or safety or the sexual abuse of children, we may report it and share the relevant information with the competent authorities as required or permitted by law.

17. Complaints

If something does not work as described, you can file a complaint by email to contact@filekiwi.com with the subject "Complaint". Please describe the problem, the Tool you used, the date, the type and size of the file and your browser and device, and tell us how to reply. Please do not attach private files. We will respond within 14 days of receiving your complaint. If more information is needed, we will ask for it, and the 14 days will run from when we receive it.

18. Consumers

• If you are a Consumer, nothing in these Terms limits the rights you have under mandatory consumer protection law of the country where you live.
• Consumers in Poland may use out of court complaint and redress procedures, for example the help of a municipal or district consumer ombudsman (rzecznik konsumentów) or mediation by the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej). Information is available on the website of the Office of Competition and Consumer Protection (UOKiK) at uokik.gov.pl. Using these procedures is voluntary for both sides.

19. Points of contact under the Digital Services Act

Our single point of contact for authorities of the EU Member States, the European Commission and the European Board for Digital Services, and our point of contact for users, under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act), is contact@filekiwi.com. You can write to us in English or Polish. How we handle notices about illegal content is described in our Copyright and Content Notices policy. We do not use automated content moderation and we do not publish Your Content.

20. Governing law and courts

• These Terms and any dispute related to the Service are governed by the laws of Poland, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
• If you are a Consumer, you also keep the protection of the mandatory provisions of the law of the country where you have your habitual residence, and you may bring proceedings in the courts of that country.
• For users who are not Consumers, the courts competent for the registered office of BDK Media in Warsaw, Poland have exclusive jurisdiction.

21. Changes to these Terms

We may change these Terms, for example when we add Tools, when the law changes or for security reasons. We will publish the new version on this page with a new date. Material changes will be announced on the Service at least 14 days before they take effect, unless a faster change is required by law or to protect the Service or its users. Changes do not apply to use that took place before they took effect. If you do not agree with the changes, stop using the Service.

22. General provisions

• Severability. If any provision of these Terms is found invalid or unenforceable, the rest remains in force, and the provision will be replaced by a valid one that comes closest to its purpose.
• No waiver. If we do not enforce a right, this does not mean that we give it up.
• Transfer. We may transfer our rights and obligations under these Terms to another company that takes over the Service, provided this does not reduce your rights. You may not transfer yours.
• Force majeure. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages of hosting or network providers, attacks, natural disasters or acts of authorities.
• Language. These Terms are written in English. If we publish a translation and the versions differ, the English version prevails, unless mandatory law requires otherwise.
• Entire agreement. These Terms, with the policies linked in section 1, are the entire agreement between you and us about the Service.

23. Contact

BDK Media
Warsaw, Poland
Email: contact@filekiwi.com