Terms of Service

Last revised: August 20, 2017.

Pixboost (or the “Service”, “Pixboost Service”, “Pixboost”) is a cloud-based lightweight solution that helps its users optimize their content (images) and make transformational changes to their content (to the images).

Please read this Terms of Service carefully before using the Pixboost Service.

Your access to and use of the Service is conditioned on your acceptance of, and compliance with, these Terms of Service (or the “Terms”). These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms you may not access the Service.

Information about the Service

1. Main purpose of the Service is to deliver a 24/7 robust and reliable image processing tool that transforms images and delivers them through a CDN to the Users’ Websites.

2. Pixboost is located at pixboost.com.

3. Pixboost is operated by Pixboost, ABN: 566 305 839 58.

4. From time to time Pixboost may modify, enhance, upgrade its functionality. We may notify you about changes by email. Also we may add and offer additional features both free-of-charge or subject to additional fees, which may be governed by this document or different Terms of Service.

Changes in the Terms of Service

1. From time to time, Pixboost may change the Terms of Service to meet technical, legal or operational changes.

2. All information about changes to the Terms of Service will be posted on the Pixboost Website no less than 30 days before the changes take effect.

3. You may choose to deny the changes of the Terms of Service. To do so you have to discontinue the use of the Service. If you continue using the Service after the new changes have taken effect, you indicate your agreement to the amended terms.

Acceptable use of the Service

1. When using Pixboost Service you have to abide by applicable laws, rules and regulations, and usage guidelines.

2. You may not access or use the Service for any illegal purposes.

Services

1. Pixboost offers web API (“API Services”) for you to access its functionality of images transformation and optimization. To use the Service you have to connect your image hosting to the API Services.

2. You are responsible for keeping the code that connects to the API Services up-to-date to ensure that it continues working accordingly.

3. Pixboost provides caching of your images for performance reasons, which is a part of the Service’s functionality. You must be aware that if you remove an image from its original location it may stay cached on the CDN for a limited time.

4. Pixboost may change, improve, update or discontinue the Services, or any features, information, materials, or content of the Services. You may be notified about changes at least 30 days in advance.

5. You may choose to discontinue the use of Services or terminate the User Account completely any time. To discontinue the use of the Service please contact us on customer.support@pixboost.com. You will be charged only for what you have used by the time of suspension.

6. Pixboost may choose to terminate your licence upon your breach of these Terms or for convenience with 30 days' advance notice. 

Compliance with acceptable use policies of Content Delivery Networks

1. To deliver data from numerous locations quickly and reliably we use Google Cloud CDN. You have to comply with the Google Cloud Platform Terms of Service located at: https://cloud.google.com/terms/.

Privacy

1. At Pixboost we do our best to provide the safe and reliable solution for our users. Please see Pixboost’s Privacy Policy for the information on how we manage your data and personal information.

Service Fees

1. Pixboost provides several Plans: “Free”, “S”, “M”, “L” and “Enterprise” Plans (or “Plans”). Users of the Service can choose a Plan from the Pixboost Website within the section entitled “Plans”.

2. From time to time, Pixboost may change its Plans and will provide reasonable notice (at least 30 days) to existing customers prior to the change.

3. All payments will include applicable taxes.

4. To keep using the Service you have to make payments on time and at the amount corresponding to the Plan you have chosen.

5. You will have to pay the fees using the payment methods available through the Pixboost Website. Other methods of payment can be requested by the user.

6. You can start using the Service immediately without payment if you chose the “Free” Plan.

7. For the Plans “S”, “M”, and “L”, you have to provide credit card details on submission. Payment for a Plan is deducted at the beginning of the next month after each Billing Period.

8. One Pixboost User Account (or “Account”) can be used on several Users Websites. By Pixboost User Account, we mean a Registered User of the Pixboost Website. Traffic from all Websites will be billed to this Account.

9. Pixboost will not be liable for mistakes, errors, malfunctions and miscalculations made by the Payment Service Providers.

10. Fees are not refundable.

11.  Pixboost will only charge Users for the Services they use each Billing Period, which are specified in your User Account on the Pixboost Website.

12. “Free” Plan includes: 2 GB of data processing per month, unlimited image processing, unlimited time, unlimited transactions, and use of the CDN. This Plan does not require credit card or any other financial information from the user. No payment is required.

13. “S” Plan includes: 10 GB of data processing per month, unlimited image processing, unlimited time, unlimited transformations, and use of the CDN. This Plan requires credit card information from the user. Payment of $5 a month with $0.5 per additional GB is required.

14. “M” Plan includes:  50 Gb of data processing  per month, unlimited image processing, unlimited time, unlimited transactions, and use of the CDN. This Plan requires credit card information from the user. Payment of $25 a month with $0.45 per additional GB is required.

15. “L” Plan includes: 200 Gb of data processing per month, unlimited image processing, unlimited time, unlimited transactions, and use of the CDN. This Plan requires credit card information from the user. Payment of $80 a month with $0.40 per additional GB is required.

16. “Enterprise” Plan: this is a custom plan offered by Pixboost to meet special customer needs. For further information on this Plan please contact our friendly staff: customer.support@pixboost.com

17. You might be eligible for a Free trial if you are considering the Enterprise Plan. For more details please contact our friendly staff: customer.support@pixboost.com

18. If you fail to make payment we will send you a notification with a one week waiting notice. If payment is not made by the due date from notice, Pixboost reserves the right to terminate your account without further notice.

19. If you wish to change your Plan you can do so at any time. The payment invoice will include only the last chosen Plan. For instance, if you have chosen the L Plan, but then decide to switch to the S Plan, at the end of the month you will be billed only the fee of the “S” Plan.

Service Level Agreement

1. "Monthly Uptime Percentage" means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

2. "Downtime" means loss of external connectivity (via the external IP addresses associated with load balancing forwarding rules) due to the failure of Google's systems.

3. "Downtime Period" means a period of five consecutive minutes of Downtime. Intermittent Downtime for a period of less than five minutes will not be counted towards any Downtime Periods.

4. Pixboost will provide a Monthly Uptime Percentage of at least 99.95%, which includes access to all of Pixboost’s API Services.

5. If Pixboost does not meet the Monthly Uptime Percentage stated above, and if you meet the obligations under this SLA,  you will be eligible to receive the Financial Credits described below:

6. You must request Financial Credit in case of a Downtime. In order to receive financial credit you have to notify Pixboost technical support staff about your problem in no less than two weeks. You have to provide server log files showing loss of external connectivity, errors, and the date and time those errors occurred.

7. Pixboost will not provide the Financial Credit in the following cases:

8. This SLA is your sole and exclusive remedy for any failure by Pixboost to provide the Service.

Licence

1. On the condition that you comply with this Terms of Service, Pixboost grants you a non-exclusive, non-transferable, revocable licence to access the Services of Pixboost solely for the purpose of enabling you to use the Service in the manner permitted by these Terms of Service.

2. You are not allowed to:

3. If you violate any of the restrictions stated above your license will be terminated immediately and legal actions could be initiated.  

4. To terminate the Service please stop using the Service and delete any referral links to the Pixboost Website. If you wish to delete your User Account from the Service please contact our friendly staff: customer.support@pixboost.com.

Intellectual Property

1. Pixboost reserves all rights, titles, and interest to, and in, all information, materials, and content including text, graphics, Pixboost Website data, formatting, designs, HTML, scripts, photographic content, images, source code, algorithms, and other content, excluding the User Content or unless you have the written permission from Pixboost. Except for the licence stated in these Terms you are not granted any rights in or to the Service including patents, copyrights, trademarks (both registered and unregistered), trade names, trade secrets, domain names, or any other rights, functions or licenses with respect to the Service.

2. You are allowed to use logo and name of the Pixboost Service with the referral link to the Pixboost Website (“pixboost.com”). All Pixboost Website content is the property of Pixboost and can be used only with the written permission of Pixboost with the referral link to the source.

3. Pixboost does not claim ownership over User Content. However, you grant your permission to use your content, for the purposes of providing, supporting and/or developing the Service. You grant Pixboost the right to use your official company logo and name on Pixboost’s Website and/or publications. If you wish to decline the use of your logo and name please contact our friendly staff: customer.support@pixboost.com.

User content

1. You retain all rights to images and other content that you upload to the Service.

2. You do not own any rights to the feedback you are giving to us, which may include any notes, ideas, images, suggestions in writing or orally.

3. You hereby grant Pixboost a non-exclusive, revocable licence to use, store, display, reproduce, re-post, modify, create derivative works of, use the User Content solely in the course of providing the Services and for its internal business purposes.

4. You will not use any unlawful content or perform any unlawful actions through or in association with Pixboost. Pixboost reserves the right, but does not have the obligation to monitor User Content and to block any User whos content or actions violate those Terms of Service.

5. If you decide to remove your User Account from our Service, some information may remain in the System for a certain period of time. We may keep it for backup, archival, or auditing purposes.

Confidentiality

1. Pixboost will maintain strict confidentiality of the Confidential Information you provide to us. Confidential Information is the identifiable information Users provide to the Service for certain purposes and which have to be kept secret.  We will not use any of the Confidential Information except as specifically required to provide you the Service, subject to your prior permission, or legal request.

2. Upon termination of this agreement, Pixboost will delete all Confidential Information Stored on its servers or as a hard copy except as required by law (tax-related requirements, financial documents, and legal issues).

Disclaimer

YOUR USE OF THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND ON A “AS AVAILABLE BASIS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, BEING UP-TO-DATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXBOOST AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of liability

PIXBOOST OR ANYONE ACTING ON PIXBOOST'S OR ITS AFFILIATES' BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON.

PIXBOOST, AND PIXBOOST'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON PIXBOOST'S OR ITS AFFILIATES' BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY PIXBOOST'S STAFF OR ANYONE ACTING ON PIXBOOST'S BEHALF, OR FROM YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH PIXBOOST OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE, OR FROM ANY REPORTING OF CONTRIBUTED CONTENT TO THE LAW ENFORCEMENT AUTHORITIES OR ANY OTHER AUTHORITY – WHETHER OR NOT PIXBOOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

Questions

If you have any questions concerning these Terms of Service please contact us: customer.support@pixboost.com