Terms of service

Welcome

We're thrilled to hear you're about to use or service. Please read these terms carefully. By checking the box during registration or by accessing or using the services, you agree to be bound by these terms of service and all terms incorporated by reference.

These terms of service ("terms") between you ("customer", "you", "your") and Tiny Tools Microservices GmbH ("tiny.pictures", "we", "us") govern your access to, use of, and participation in tiny.pictures' website, products, and responsive image service ("service"). If you use the service 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 tiny.pictures if you violate these terms.

Account

In order to access certain areas and features of the service, you have to 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, change your password regularly, promptly notify tiny.pictures if you discover or otherwise suspect any security breaches related to the service, and take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Your account will only be fully activated if you click on a confirmation link sent to you to the email address you provided during registration.

During registration, you choose a plan ("plan") to subscribe to. There are plans with a monthly and yearly subscription period.

You may elect not to renew your subscription by sending us prior notice using any of the methods stated in the "contacts" section of our website. As a result of the termination of your account, you may no longer be able to access the service. You are not entitled to refund upon termination of these terms.

If you do not cancel your subscription, it is renewed for the following subscription period.

Service

The service is described by the following features:

The service is not a storage solution and does not guarantee the persistence of the processed image. You are solely responsible for creating and keeping backup copies of your source images.

If your plan includes the possibility to process any image publicly available on the internet, you agree to only process and cache images that the image's copyright holder has given you his consent to.

You agree that tiny.pictures' caching qualifies for the DMCA's 512(b) caching "safe harbor" and is considered fair use.

Fees

Each plan includes a monthly usage quota that is included in the plan's monthly fee. If your usage exceeds this quota, overage charges apply according to our price list available at https://tiny.pictures/#pricing.

You may choose to change your subscription to a plan of the same subscription period with a higher monthly fee at any time.

The billing period is a calendar month. At the end of each billing period, we create a bill according to the plan that is chosen by you at that moment. Bills will include applicable taxes.

You may pay the fees by using Paypal or SEPA bank transfer. Fees will be regarded as paid only after your payment has been confirmed. You acknowledge that fees are not refundable.

You will pay all fees and taxes within 14 days after billing and you will reimburse us for any interest and collection costs resulting from overdue payments. Upon failure to make any payment, and following a seven days prior notice of due payments sent to you, we may disable your account. You waive any and all claims against us in connection therewith.

Acceptable use

You are not allowed to use the service for any abusive or unlawful purposes or to create a similar or competitive service to the service.

You will comply with the acceptable use policies of the used CDN service providers located at https://www.cdn77.com/terms-and-conditions and https://aws.amazon.com/aup/.

Service level agreement (SLA)

"Service uptime" means the percentage of time in a subscription month that our services are available for access, as measured by us. If the Service uptime falls below 99.9 % in a given subscription month, we will reduce your bill for that month by 20 % ("Bill reduction").

Bill reduction will not be awarded in the following circumstances:

  1. circumstances beyond our reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services
  2. network issues outside of our control, including DNS and connectivity problems;
  3. errors in our Service uptime measurement system;
  4. downtime that has been advised to you 48 hours in advance;
  5. suspension or termination of your right to use the service in accordance with these terms;
  6. accounts not using our Enterprise plan according to our price list available at https://tiny.pictures/#pricing;

To receive a Bill reduction, you must submit a request by sending an e-mail message to team@tiny.pictures within 10 days of becoming eligible to receive it. The request must include supporting documentation, such as log files showing the non-availability of the service.

This SLA is your sole and exclusive remedy for any failure by us to provide the service.

Privacy

Please refer to our privacy policy at https://tiny.pictures/privacy.

Disclaimer

Please refer to our disclaimer at https://tiny.pictures/disclaimer.

Disclaimer of Warranty

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. tiny.pictures disclaims all warranties and representations (express or implied, oral or written) with respect to these terms, the service, 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, we do not warrant, and disclaim all liability for (a) the completeness, accuracy, availability, timeliness, security or reliability of the service; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service 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 tiny.pictures or through the service, will create any warranty not expressly made in these terms.

Certain countries' 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.

Limitation of liability

To the fullest extent permitted by applicable law, we 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, 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 we have been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of tiny.pictures exceed the greater of 100 € or the amount you paid us 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 tiny.pictures. In addition, some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.

Indemnification

You will defend, indemnify, and hold harmless tiny.pictures 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 your conduct or the conduct of any third party you authorize to act on your behalf, with respect to the service, including any content you or such third party provides, or 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 service.

Governing law and jurisdiction

These terms, the service or any dispute arising out of or related thereto, will be governed solely by the laws of the Federal Republic of Germany, regardless of your country of origin or where you access the service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the Federal Republic of Germany, as applicable.

The courts in Bremen, Germany will have sole and exclusive jurisdiction over any claim in connection with the service and in respect of any matter relating to the validity, applicability, performance or interpretation of these terms. You agree to the exclusive jurisdiction of the before mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

Last update: 2017-09-19T18:20:00Z