Last updated: April 1, 2024
Subject to these Terms of Service (this "Agreement"), Imageurl ("Imageurl", "we", "us" and/or "our") provides access to Imageurl's cloud platform as a service, including, without limitation, Imageurl's CDN, APIs, SDKs, website, and web applications (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services. IMPORTANT: THIS AGREEMENT IS SUBJECT TO MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12. PLEASE READ THIS AGREEMENT CAREFULLY. Imageurl may modify these Terms of Service from time to time, and will post a notice about such changes to the Terms of Service on Imageurl’s website, and may send you a notice by email before the changes take effect. You may write to Imageurl to reject the amended Terms of Service if the amendments adversely affect you, and if Imageurl does not agree to make an exemption for you, will terminate your account (see "Account Termination"). By continuing to use the Services after the new changes have taken effect, you indicate your agreement to the amended Terms of Service.
You, others who share access to your Imageurl account, and the users of your application may upload, store, generate and/or host content (“User Content“) using the Services, subject to this Agreement. You are fully responsible for all User Content and activity that occurs under your account. Imageurl may, but is not obligated to, review User Content and remove or block access to files that violate this Agreement. You may not use, or encourage, or facilitate or instruct others to use the Services for any of the following:
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Services will be apparent from the context in which you provide the data. In particular: When you register for a Imageurl account we collect your full name, email address, and account log-in credentials. When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline. When you respond to Imageurl emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Imageurl. If you contact us by phone as a Imageurl account holder, we may collect additional information in order to verify your identity.
We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics, PostHog, Sentry, Paddle, Mailchimp, and HubSpot in our Services to help us analyze your use of the Services and diagnose technical issues. To learn more about the cookies that may be served through our Services and how you can control our use of cookies and third-party analytics, please see our coockie policy.
For paid plans, you may pay the fees using one of the payment methods made available through the Service. Fees will be considered paid only after your payment has been confirmed. The Service will be available to you promptly after you have paid the Service fees. From time to time, Imageurl may change the Service fees. If a fee change applies to the Service you are using, you will be charged the new fee from that point onwards. Fees are not refundable. Upon failure to make any payment, Imageurl may reduce the Services provided to you (including, without limitation, disabling downloads, disabling uploads, and disabling file transformations). Following seven (7) days after the first notice of the payment failure has been sent to you, Imageurl may disable or terminate your Imageurl account (see "Account Termination"). Imageurl will not be liable for mistakes made by the payment service providers: any excess payments will be refunded.
You have the right to terminate your account at any time by sending a cancellation request to Imageurl via email or by deleting your account via the settings page. We may suspend or terminate your account if we believe you are in violation of this Agreement and we believe an account-wide suspension or termination is the most prudent action to take considering all the factors involved. Imageurl may provide notice prior to account termination and may give you an opportunity to remedy such violations to avoid account termination (for example, if Imageurl believes the violation is accidental or not directly your fault). Upon account termination: (i) you and your users shall cease use of the Services; (ii) Imageurl will cease providing the Services to you; (iii) you shall pay to Imageurl the full amount of any outstanding fees due; and (iv) Imageurl will delete all User Content that is stored on Imageurl's built-in storage, and will delete all User Content from the Imageurl CDN's cache, at an arbitrary point in time after account termination, pursuant to Imageurl's internal scheduling.
Imageurl's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Imageurl can use such data in accordance with our Privacy Policy. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please contact us.
You retain ownership of any intellectual property rights that you hold in all User Content. You consent to Imageurl’s use of your company name and logo and description of your relationship with Imageurl in press releases, on the Imageurl website, and in other marketing materials and appearances. You grant to Imageurl worldwide, a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Imageurl’s marketing materials and website and to indicate that you are a Imageurl customer. If you wish to decline Imageurl’s use of your name and logo, please contact Imageurl at: support@Imageurl.com.
You represent and warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction and will comply with all applicable export control laws, regulations, and trade sanctions, including those emitted by the United Nation Security Counsil (UNSC), the US Government, the European Union or its Member States, the UK Government, the Government of Canada, and the Government of Australia. You further represent and warrant that these laws may prohibit us from providing the Services to you without notice.
You agree to indemnify, defend and hold harmless Imageurl, its subsidiaries, affiliates, partners, officers, directors, employees, agents, and contractors, licensors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) your access to or use of the Services, (b) your access to or use of any content or software available through the Services (c) your User Content, including infringement or misappropriation claims related to your User Content, (d) your breach of this Agreement or any applicable law or regulation, (e) any actual, prospective, completed or terminated service between you and a third party, or (f) your negligence or intentional misconduct. You will reimburse us for reasonable attorneys’ fees and expenses, and will pay the amount of any adverse final judgment or settlement associated with the claims described above.
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, availability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Imageurl will create any warranty not expressly stated herein. Without limiting the foregoing, Imageurl, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; (iv) that the content will be secure or not otherwise lost or damaged; (v) that the Services will not harm your computer system; or (vi) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk. We do not have any obligation to verify the identity of users subscribing to our services, nor do we have any obligation to monitor the use of the Services by users. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information.
Imageurl and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (including without limitation damages for lost profits, revenue, goodwill, use or content), arising out of or related to the Imageurl services, regardless of the cause of action, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. Our liability to you or any third party in any circumstance is limited to $100. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The seat of the arbitration will be San Francisco, California, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any questions concerning the validity or enforceability of this arbitration provision shall be decided by a court of competent jurisdiction and not the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The parties agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco County, California for the purposes of litigating any dispute or claim.
Imageurl’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Imageurl. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.