These Terms of Service (these “Terms”) between you and Everlution (“Filejet”) govern your access to, use of, and participation in Filejet website, products, and services (collectively, the "Services"). These Terms do not change the Terms or conditions of any other written agreement you may have with Filejet. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity's behalf and that the entity agrees to be responsible to Filejet if you violate these Terms.
Company Everlution s. r. o., with its registered office at Myslenická 31, 902 03 Pezinok, Slovak Republic, Company ID No.: 47 328 304, Tax ID No.: 2023816179, Vat No: SK2023816179, contact email: firstname.lastname@example.org, contact telephone number: +421 2 20420035 is provider of services to optimize images of the users and all related services with optimisation of images of the users (“Provider”).
By paying for the Service, the user (“User”) confirms that he was informed about these Terms avilable at https://filejet.io/ and with claim policy of Provider of the service.
Subject of the contract (“Contract”) between the Provider and User is the obligation of the Provider to provide Services set out in contract and in these Terms and obligation of the User to pay for the Services and comply with the rights and obligations set out in contract and in these Terms.
Contract between Provider and User is concluded for undefined period, if the contracting parties haven’t agreed otherwise, with possibility of termination of the contract from any contracting party at any time.
Contract may be terminated exclusively as follows:
- by mutual agreement of the Parties;
- by notice of termination;
- by withdrawal from this Contract by any party, if other party violates rights and obligation according to Contract or these Terms;
- by expiration of the period, if the contract is concluded for defined period.
Contract may be concluded at distance by filling and sending an order at web site of the Provider of service. Contract concluded by filling and sending the order via website of the Provider becomes effective after the User pays for the first payment of the price for the Service according to advance invoice, issued by Provider.
Integral parts of the Contract are these Terms and payment policy. In case of any disputes between Contract and Terms, the Contract prevails.
To access certain areas and features within the Services, you must create an account. You agree to
- provide accurate, truthful, current, and complete information when creating an account;
- maintain and promptly update your account information;
- maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
- promptly notify Filejet if you discover or otherwise suspect any security breaches related to the Services; and
- take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
III. The Services
Overview of Services. The Services may include Filejet΄s web API, image processing, image analysis, image rendering, image caching, image routing, and image delivery. The Services described under the “API Services” paragraph, do not involve image hosting or storage except for the limited caching described below. However, the Services do provide certain hosted processing and rendering Services (“Hosted Services”) as further described in the “Hosted Services” paragraph below.
API Services. The Services Filejet offers via its web API (“API Services”) enable you to control the actions Filejet takes with respect to your images without uploading the images to the Services. To use the API Services, you must connect your image hosting or storage location to the API Services. You are responsible for updating your site or service's code to work with the API Services. The API Services provide limited caching and rendering services that Filejet uses during the course of providing the Services to you. If an image cached via the API Services is removed from your storage or hosting location, it may remain on Filejet΄s caching servers for a limited time.
Hosted Services. Filejet may make certain Hosted Services available, which may enable users to upload images, use hosted processing features and functionality, and deliver or route such images. You may use the Hosted Services only for Sandbox. Without limiting the foregoing or any other terms of these Terms, you may not use the Hosted Services to serve image traffic other than for testing purposes. Notwithstanding Section 12 (Change to the Services) below, Filejet reserves the right to modify, discontinue or suspend access to the Hosted Services at any time for any reason, without notice or obligation to you.
Content Delivery. Filejet can be accessed for content delivery of your User Content (as defined below). When you access Filejet for content delivery, Filejet may cache your User Content for performance reasons. When cached User Content is accessed, you will be charged only for bandwidth out of Filejet. Accessing User Content that has not been cached will trigger a render on Filejet, which incurs additional charges. Although Filejet does not guarantee that any User Content will be cached, Filejet will strive to cache your User Content for at least the lesser of (a) the amount of time you indicate you would like your User Content cached or (b) 30 days (the "Cache Period"). Filejet will not charge you to render User Content during the Cache Period, even if the User Content has been removed from cache. Filejet may cache User Content for longer than the Cache Period. If you do not use Filejet for content delivery, then Filejet will not cache your User Content, and every request to access such User Content will incur rendering charges. For purposes of the above, User Content hosted via the Hosted Services will be treated as though it has been cached by Filejet.
URL.Filejet will provide you with a custom domain name that you may select for your Filejet User Content (as defined below). You will have the opportunity to select an alternative domain name at any time. Filejet does not guarantee the availability of any domain name. Filejet reserves the right to change your domain name with 14 days' advance notice to you. If you do not change your domain name before the 14 day notice period expires, Filejet will select an alternative domain name for you.
VI. Fees and payments
Pricing for the Services is located at https://filejet.io/pricing Filejet΄s Payment Policy, as set forth at https://filejet.io/payment-policy governs your payment of the Services and is incorporated herein by reference.
V. User content
Intellectual Property of User. You retain all rights in images and other content that you upload to the Services, , including messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials (“User Content”).
License. You hereby grant Filejet a non-exclusive, revocable license to use, store, display, reproduce, re-post, modify, create derivative works of (including through aggregation), perform the User Content, solely in the course of providing the Services and for its internal business purposes.
Acceptable Use. You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any of the following without the express prior written consent of Filejet:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, exploitive of children, or invasive of privacy or publicity right;
- User content which may encourage to national, religious, ethnic, or racist intolerancy or content which distributes, encourage or promote extremism.
- User Content that is false, misleading or deceptive, including to content that appears confusingly similar to any other product or application or misrepresents or falsely implies an association with another company;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, or violate any law or regulation;
- User Content that, in Filejet's reasonable judgment, may expose Filejet or others to harm or liability;
- User Content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- User Content that may infringe the patent, trademark, trade secret, copyright, intellectual property, privacy, or other proprietary right of any party;
- Private information of any third parties, including addresses, phone numbers, and payment card information; or
- User Content that includes viruses, corrupted data, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or other harmful, disruptive, or destructive files.
Filejet reserves the right, but does not have the obligation, to monitor User Content and to block access to any User Content that violates these Terms or that Filejet finds otherwise objectionable. You are solely responsible for creating backup copies of and replacing User Content at your sole cost and expense. If you remove any User Content from the Services, Filejet may retain User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
VI. Filejet material
Intellectual Property of Filejet. Filejet reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Filejet. Filejet reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) that is not User Content (collectively "Filejet Material"). Filejet Material is protected in all forms, media, and technologies now known or later developed.
License. On the condition that you comply with these Terms, Filejet hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any filejet Material therein) solely for the purpose of enabling you to use the Service in the manner permitted by these Terms. If Filejet, in its sole discretion, elects to provide any upgrade that replace or supplement the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the Terms of that license will govern.
Restrictions. You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by Filejet, you will not do, and will not permit any third party to do, any of the following:
- copy, adapt, hack, of reproduce the Services;
- distribute the Services or make the Services available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, or sublicense the Services;
- modify, port, translate, or create derivative works of the Services;
- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Services;
- decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Services or any part of the Services, except to the extent required by applicable law;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit Filejet΄s other Users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services;
- stalk, intimidate, threaten, harass, or cause discomfort to other Users of the Services;
- impersonate or use the Services by misrepresenting your affiliation with a person or entity;
- use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
- infringe or violate the rights of Filejet or any third party.
- Person allowed to use Filejet cannot use it in contrary with the ordinary use of the product and unreasonably interfere to rights of everlution as the author of Filejet.
If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of Filejet, which may subject you to prosecution and damages.
Filejet will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Filejet or the Services that you provide, whether by email, posting through the Services, or otherwise which is being further processed by Filejet.
VIII. Metadata and analytics
Filejet uses proprietary software to analyze images it processes. Whenever Filejet processes an image for you, it observes, collects, and analyzes the metadata of the image. Filejet may use this metadata it collects to learn more about the images it processes and help improve the Services. Filejet also collects analytics data about images it caches and processes. For example, Filejet may track how often images are accessed, performance data, and other such technical information. Filejet reserves all rights in and to any metadata and analytics it collects in the course of providing the Services.
IX. Third-party content
Filejet may display content from third parties through the Services or may provide information about or links to third-party products or services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. Filejet is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.
Filejet's name, Filejet's trademarks, Filejet's logos, and any other Filejet product, service name, or slogan included in the Services are property of Filejet and may not be copied, imitated, or used (in whole or in part) without Filejet's prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Filejet and may not be copied, imitated, or used (in whole or in part) without Filejet's prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Filejet and its licensors with such company or an endorsement or approval by such company of Filejet or its licensors or their respective products or Services.
XI. Copyright policy
Repeat Infringer Policy. Filejet has adopted a policy of terminating, in appropriate circumstances and at Filejet's discretion, Users who are deemed to be repeat infringers. Filejet also may, at its discretion, limit access to the Services and terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
XII. Changes to the services
Filejet may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services. If Filejet makes a material change to the Services, Filejet will notify you in advance, via email or through other communications channels, and give you the opportunity to terminate your use of the Services.
XIII. Suspension or termination
Filejet may suspend or terminate your license to access or use the Services either immediately upon your breach of these Terms or for convenience with 30 days' advance notice. You can terminate your account with Filejet at any time by following the instructions at https://app.filejet.io/close-account You will no longer be able to access or use the Services following your termination or suspension. All payments or fees are due at the time of termination, with refunds and proration governed by the terms of Filejet's Payment Policy set forth at https://filejet.io/payment-policy Filejet will use commercially reasonable efforts to remove your User Content from the Services within 30 days of termination. You acknowledge that User Content may be stored in a cache. Filejet reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. Filejet may recover its reasonable attorneys' fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended and after it is terminated. Except for the license granted to you to access and use the Services, all of the terms, conditions, and restrictions set forth in these Terms will survive termination of these Terms.
XIV. Consumer provisions
Consumer is any natural person who does not perform in the scope of his business or in the scope of other business activity, while concluding and fullfiling the rights and obligation arising from Consumer contract according to Slovak law (“Consumer”).
XV. Termination of contract by customer
Consumer may terminate Contract until 14 days from conclusion of the contract. However there is one exception: Consumer cannot terminate the Contract which subject is provision of Services, if the provision of Services started with Consumer΄s express consent, and he was awared about the fact that with this consent Consumer loses the right to terminate the Contract after full provision of Services, and full provision of Services was performed. If the Consumer terminates the Contract when full provision of the Service was performed, with his express consent, he will be liable to pay the price for the provision of Services.
In case of termination of the Contract by the Consumer the Provider is obliged to return all the payments that was made by Consumer and was unused to provision of the Service, to Consumer until 14 days from termination of the Contract by Consumer. Form to terminate the Contract by Consumer is available at https://app.filejet.io/close-account
XVI. Liability of the provider for consumer claims
Process of the filing the claims against Services is set out in claim policy of the Provider. Claim policy is available at website of the Provider and situated at clearly visible position at the registered office of the Provider. If the User is not satisfied with the result of his claim or he is convinced that the Provider violated his rights, he can ask the Provider for the correction. If the Provider answer negatively or does not answer in 30 days from receiving the request, the User may fill the proposal for alternative resolution of the disputes according to § 12 Act no. 391/2015 on alternative disputes resolutions. Competent authority to solve the alternative disputes is Slovak Trade Inspection.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FILEJET DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, THE FILEJET MATERIAL, AND THIRD PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FILEJET DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY FILEJET MATERIAL; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, ANY FILEJET MATERIAL, OR ANY USER CONTENT; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FILEJET OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO, IF YOU USE OUR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless Filejet from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to (ii) your conduct, or the conduct of any third party you authorize to act on your behalf, with respect to the Services, including any User Content or Feedback you or such third party provides, or (ii) the violation (or alleged violation) of these Terms or the rights of any third party by you or any third party you authorize to act on your behalf with respect to the Services.
XIX. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FILEJET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, THE FILEJET MATERIAL, OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF FILEJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FILEJET EXCEED THE GREATER OF U.S. 100 € OR THE AMOUNT YOU PAID FILEJET IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO ANY WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD OF FILEJET. IN ADDITION, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
XX. Venue; Governing law
All disputes arising from this Contract, including disputes about its validity, interpretation or termination, shall be resolved by the Arbitration Court of the Slovak Chamber of Commerce in Bratislava according to its internal legislation. The parties shall be subject to the decision of this court. His decision will be binding on the parties.
Filejet reserves the right to make changes or modifications to these Terms from time to time, in its sole discretion. If Filejet makes changes to these Terms, Filejet will provide you with notice of such changes, such as by sending you an email or by posting the amended Terms via the Services and updating the "Last Updated" date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Services unless Filejet states otherwise in its notice regarding the amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Filejet for the Services or for any other Filejet product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Filejet, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement. Nothing in these Terms creates or can be construed to create an employer/employee, joint venture, or partnership relationship between you and Filejet. Except as otherwise expressly elsewhere in these Terms, there will be no third party beneficiaries to these Terms. Filejet's failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. Filejet will not be liable for any loss or damage arising from any event beyond Filejet's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. Headings of sections are for convenience only and will not be used to limit or construe such sections. As used in these Terms, "including" means "including (without limitation)." You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Filejet. Filejet may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
If you have any questions regarding the use of the Services, please email Filejet at email@example.com.