Terms and Conditions

Last updated: January 10th, 2023

These Terms and Conditions ("T&C") are regulating the use of ShortPixel.com ("ShortPixel" or the "Website"), as well as any Services provided thereto. The Website is owned and/or operated and the Services are provided by ID SCOUT SRL (the "Company"), a legal person registered under Romanian law.
Your agreement to the content of these T&C is necessary to use ShortPixel, therefore please read and understand this document before using our Services. You must be at least 18 years old to be able to use our Services. If you are under 18, you may use the Company's Services only with the involvement of a parent or guardian.
You may expressly agree to the T&C when you create your account or similar, by accessing or using our Services in any manner, as described below. Please note that if you do not agree to these T&C, you may not access or otherwise use any of our Services.
These terms apply both to you and to every user of the Service. It is a condition of your use of the Website as well as any of the Service that:

• you comply with these T&C;
  
• you make every User aware of these T&C; and
  
• you ensure that every of any of your websites hosted through the Services complies with these T&C.
  

TABLE OF CONTENTS:

1. Definitions
2. Privacy
3. Scope of ShortPixel
4. Description of Service
5. Account Eligibility
6. Transfers
7. Obligations and Liabilities of The User’s
8. Costs, payments and refunds
9. No resale
10. Copyright
11. Service Availability, Prohibited Activities, Accepted and Fair Usage Policy, Limits in Use and Suspension and Termination of Accounts
    1. Service availability
    2. Prohibited Activities
    3. Limits in use
    4. Suspension and Termination of Accounts
12. Server / Network Maintenance
    1. Scheduled Maintenance
    2. Unscheduled Maintenance
    3. Client Data and Data Backup
    4. Updates of website software
13. Disclaimer and limitation of liability
14. Termination
15. Governing law and Dispute resolution
16. Specific provisions
    1. ShortPixel affiliate program agreement
    2. ShortPixel referral program
17. Changes to the Terms & Conditions
18. Miscellaneous
19. How to contact us
20. Waiver

1. DEFINITIONS

“User/customer/you”	the individual or entity who registered on the Website and thus owns a ShortPixel account;
User Websites	the users of any of your websites hosted through the Services;
Visitor	the individual or entity who visits the Website without creating an account;
Services	all the services provided through ShortPixel, as detailed at Section 4 below;
Affiliates	the applicant to ShortPixel’s Affiliate Program
Affiliate Program	a Company’s program consisting of third parties’ advertisement on their websites of ShortPixel Services in the exchange of a commission;
Promotional Materials	advertising materials provided by the Company to be used by the Affiliates;
Referral Program	a Company’s program that enables Users to recommend ShortPixel services to third parties, in exchange of equivalent image credit;
Plan	Services plan acquired by the User;
API	Application Programming Interface enabling the Users to interface with the Services;
Quota	Services level related to a certain services plan acquired by the User;

2. PRIVACY

We collect data from the Users of our Services, and from the Visitors of our Website. Therefore, our commitment is to be transparent about the data we collect and how it is used, and your commitment is to agree to and follow the provisions of the T&C below, as well as the provisions of the Privacy Policy available here and the Controller – Processor Agreement available here, that also governs your visit to the Company's website and using the Services.

3. SCOPE OF SHORTPIXEL SERVICES

Our goal is to provide reliable, high-quality and secure hosting and optimizing websites Services.
As for our optimization services, our goal is to make your website faster by optimizing the images and other assets of your website such as PDF/CSS/JS files, thus improving the overall speed and bandwidth consumption of the website. Using our proprietary image analysis software and open source encoding software optimized for optimal compression, we can reduce the size of images by up to 90%.
This way we ensure that images, drawings or other visual media or assets on your website can be stored in the optimal size and transferred in the optimal bandwidth, while maintaining the quality of the image and providing your visitors with the best user experience.
As for our hosting services, our goal is to offer a managed WordPress hosting service that will enable individuals and organizations to make their own websites accessible over the Internet.

4. DESCRIPTION OF SERVICES

4.1. ShortPixel Website Hosting Service
4.1.1. ShortPixel Hosting provides Users with access to a rich collection of resources, including communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the "Service" and/or the "Services").
4.1.2. Services include, in a best effort manner: website hosting, backups, SSH Access, virus scanning, wordpress toolkit, ftp access, git access.
4.1.2.1. ShortPixel Hosting shall render memory and computing capacity available, on a server operated by ShortPixel Hosting, for the storage of websites and for the operation of applications that can be used via the Internet.
4.1.2.2. ShortPixel Hosting shall create, grant and maintain the connection between the server and the Internet so that the data stored on the server can be transmitted to the calling computer without disruption and whenever required by external computers in the Internet (clients) by means of the common Internet protocols.
4.1.2.3. ShortPixel Hosting shall endeavour to render the data, stored by you in accordance with the T&C of this agreement, available to the global public via the Internet, 24 hours a day, seven days a week.
ShortPixel Hosting does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by us or our direct contractors including their interfaces to third-party networks.
4.1.2.4. You also understand and agree that the Service may include:
advertisements and that these advertisements are necessary for ShortPixel Hosting to provide the Service;
certain communications from ShortPixel Hosting, such as service announcements, administrative messages, and newsletter(s), which are considered part of your plan;
4.1.2.5. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ShortPixel Hosting properties, shall be subject to the T&C.
4.1.2.6. You understand and agree that the Service is provided "AS-IS" and that ShortPixel Hosting assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

4.2. ShortPixel Image Optimization Services
4.2.1. Our service is based on a Software-As-A-Service model, in which the image optimization is offered via an API from our Cloud. We are constantly working on providing our customers with more options to use our Services, in order to save them the effort to implement themselves the calls to our API and to support more advanced needs, such as optimizing an entire images folder and monitoring changes to that folder. Our Services can currently be accessed through several tools and APIs. We are also planning to add other tools as Client Libraries for Java and Ruby, Plugins for Joomla and Magento and a mobile app. If you need to access our Services via any of these and it is not yet listed below, please contact us as we might have a development version in progress.
We provide the following Optimization Services through the Website:
• Wordpress Plugin
ShortPixel Image Optimizer plugin gets us up and running in seconds on WordPress Sites. It optimizes all your past and new images automatically, with a push of a button.
• Adaptive Images WP Plugin
The SP-AI plugin analyzes the pixel size of the image's container and replaces the original image with a version scaled down to the needed size and then optimized, and served from a global CDN.
• ShortPixel Website Optimizer
ShortPixel Website Optimizer offers a straightforward web interface to our API, available to any PHP website (Magento, Joomla, Drupal, custom brew, etc) and allows the optimization of the site's image folders.
• ShortPixel Command Line Tool
ShortPixel Command Line Tool can optimize image folders from the command line, so it can be configured as a Cron (or other task scheduler) job.
• Reducer API
This API allows you to shrink an image based on the URL of the image. You can call it from any programming language that allows you to send an HTTP POST request. The image has to be available online in order to be shrunk via this API. PHP, JavaScript and .NET examples available.
• Post-Reducer API
This API allows you to shrink an image that is not accessible online, by uploading it to our servers via a POST HTTP call. You can call it from any programming language that allows you to send an HTTP POST request. PHP, .NET and Python examples available.
• PHP Client Library
The PHP Client Library features quick configuration and an easy fluent syntax for accessing our Services, thus greatly reducing your implementation time.
• ShortPixel App for Zapier
This App allows you to shrink images located on Dropbox / Google Drive folders via a ZAPIER connected workflow. It works as an invitation-based BETA, that you may obtain through the Website.
• cdn.shortpixel.ai
The feature that delivers CDN and adaptive images.

5. ACCOUNT ELIGIBILITY

5.1. By registering for or using the Services, you represent and warrant that:
5.1.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a breach of these T&C.
5.1.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to these T&C and to act on such other party's behalf with respect to any actions you take in connection with the Services.
5.1.3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an issue regarding the use of the Services or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. ShortPixel is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may use the clients area to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government-issued identification. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if ShortPixel has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, ShortPixel has the absolute right, in its sole discretion, to suspend your account or to terminate its Services and close your account.
5.1.4. At any point in time we reserve the right to ask for the documents supporting the information that you provided in your account registration form. A failure to provide the required documents or any discrepancies found in the provided ones may directly lead towards suspension of the account and all the Services.
5.1.5. The Service and any data you provide to ShortPixel is hosted in E.U.. unless otherwise provided. If you access the Service from outside of the E.U., you are voluntarily transferring information (potentially including personally identifiable information) and content to the E.U., and you agree that our collection, use, storage, and sharing of your information and content is subject to the laws of the E.U. and Romania, and not necessarily of the jurisdiction in which you are located.

6. TRANSFERS FOR SHORTPIXEL HOSTING

Our customer support team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for 5 days from your sign up date. Transfers outside of this period will incur a charge. For this Service, please contact a member of our customer support team to receive a price quote. In no event shall Shortpixel Hosting be held liable for any lost or missing data or files resulting from a transfer to or from Shortpixel Hosting. You are solely responsible for backing up your data in all circumstances.

7. OBLIGATIONS AND LIABILITIES OF THE USER’S

7.1. It is the sole responsibility of the User to ensure the security and safety of the data by using a variety of security measures, backing up the data on a regular basis and with the periodical updating of the system.
7.2. The User is obliged not to disclose the login information to unauthorised third parties. Users shall inform ShortPixel immediately if they obtain knowledge that unauthorised third parties are aware of the password. Unauthorised third parties are not such persons who utilise storage, which forms the subject matter of the hosting an otimization services, with the knowledge and agreement of the User. In case of any damage or the theft or loss of your identity, we will not be responsible at all.
7.3. Users shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights, intellectual property rights and trademark rights or morality. You agree to be fully responsible for all use of your account and for any actions that take place through your account.
7.4. In the event of an infringement of the above condition, Users are obliged to refrain from all further infringements, to compensate the Company for the resultant or resulting loss and to indemnify and exempt the Company from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt the Company from all legal defence costs (costs for courts, lawyers, etc.).

8. COSTS, PAYMENTS AND REFUNDS

8.1. SHORTPIXEL HOSTING
8.1.1. FEES: The fees for Shortpixel Hosting are provided on the Website.
8.1.2. PLANS: Plans give you access to the specified service level and bandwidth limit. These plans automatically renew every 30 days; the billing happens automatically every 30 days until you decide to cancel your payments.
8.1.2.1 PLANS: Our plans do not include email hosting and require the use of an external email provider.
8.2. SHORTPIXEL IMAGE OPTIMIZER
8.2.1. FEES: The fees for the ShortPixel Image Optimizer are provided on the Website.
8.2.2. MONTHLY PLANS: Monthly plans provide access to a certain quota per month. Unused credits expire after 30 days and will not be carried over to the next month. Monthly plans automatically renew every 30 days. The billing happens automatically every 30 days until canceled by the customer.
8.2.3. YEARLY PLANS: Yearly plans provide access to a certain quota per month. Unused credits expire after 30 days and will not be carried over to the next month. Yearly plans automatically renew every year. The billing happens automatically on an annual basis until canceled by the customer.
8.2.4. UNLIMITED PLAN: The Unlimited Plan offers unlimited data optimization for $9.99/month, subject to our Fair Usage Policy in article 11.3.2 below.
8.2.5. LIFETIME PLANS: Lifetime plans are one-time purchases only available through third-party providers that give access to a certain quota per month. Lifetime plans cannot be purchased directly from ShortPixel. Unused credits expire after 30 days and will not be carried over to the next month.
8.2.6. ONE-TIME PAYMENTS: One-time payments provide access to a certain quota. One-time credits purchased do not expire and can be used until the one-time quota is fully exhausted.
8.3. BILLING: The payments for ShortPixel Hosting can be made by credit card and are processed by the Company’s payment processor, Stripe, while payments for ShortPixel Image Optimizer can be made by credit card or PayPal and are processed by the Company's payment processor, Paddle. The Company verifies prices and discounts, such as coupon codes, as part of the Company’s order confirmation and shipping procedures.
8.4. PRICE MATCHING: This website does not currently support Price Matching.
8.5. REFUND POLICY: Refunds are generally granted for requests that meet all of the following criteria:
- The request must be made within 14 days of the purchase date.
In addition, ShortPixel Image Optimizer has the criterion that no more than 20% of the purchased quota has been consumed.
8.5.1 If the User does not meet the criteria above, the User will not be entitled to a refund of the amount already debited.
8.5.2 For refund purposes, each monthly or one time payment is considered a separate payment.
8.5.3 Bonus credits received as part of various offers, promotions or as a courtesy for ShortPixel Image Optimizer services will not be taken into account when calculating the above quota criteria.
8.5.4 Refund requests for Yearly Plans are exempted from 8.5 and 8.5.1. Refunds for Yearly Plans for both Short Pixel Hosting and ShortPixel Image Optimizer must be requested within 60 days of the date of purchase. Additionally, for ShortPixel Image Optimizer, there is a supplimentary criterion that no more than 5% of the total quota allocated during the current billing cycle may have been used.
The User will not be entitled to a refund of the amount already debited if the aforementioned criteria are not met.
8.5.5 Refunds for Lifetime plans for ShortPixel Image Optimizer will be handled by the third-party provider and are subject to their terms and conditions. The Company itself will not refund any part of the Lifetime Plan in any form.
8.5.6 Refund requests for Unlimited Plans for ShortPixel Image Optimizer are exempt from 8.5. and 8.5.1. and 8.5.4. Refunds for Unlimited Plans for ShortPixel Image Optimizer must be:
Requested within 30 days of the date of purchase and no more than 1000 credits have been used during the current billing cycle, applicable for Unlimited Plans billed yearly.
Requested within 14 days of the date of purchase and no more than 500 credits have been used, applicable for Unlimited Plans billed monthly.
The customer is not entitled to a refund of the amount already debited if the above criteria are not met.
8.5.7 If the refund request is approved, it may take 3 to 5 business days or longer to appear on the account. If the payment was made by credit card, the User may need to check with their financial institution to find out when their account will be credited.
8.5.8 If the Company is unable to honor a refund request for a monthly or yearly plan, the Company may offer the option to convert the purchased credits into an equivalent number of one-time credits.

9. NO RESALE

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

10. COPYRIGHT

10.1. All content on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software etc. is the property of the Company or its content suppliers and is protected by domestic and international copyright laws.
10.2. You only have the right to use the functionalities of the Website on a non-exclusive and temporary basis, namely while you have an active account on ShortPixel Hosting or when you are using its Services. Therefore, the Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services.
10.3. This Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of the Company. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited.
10.4. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any Company logos or other proprietary graphics or trademarks as part of the link without our express written permission.
10.5. If you do post content or submit material and unless we indicate otherwise, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the applicable legal provisions and will not cause injury to any person or entity; and that you indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
10.6. The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us as mentioned at section 19. How to contact us below and submit a claim of copyright infringement.

11. SERVICE AVAILABILITY, PROHIBITED ACTIVITIES, ACCEPTED AND FAIR USAGE POLICY, LIMITS IN USE AND SUSPENSION AND TERMINATION OF ACCOUNTS

11.1. Service availability
11.1.1. This Website is provided by the Company on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website. You expressly agree that your use of our Services is at your sole risk.

11.2. Prohibited activities
11.2.1. ShortPixel Hosting will certainly proceed immediately suspension (without notification) if among the following (including however not limited) services or activities discovered on the server:

• IRC servers
• iMarcos, AutoSurf, Traffic Exchange, Automated Browsing HitLeap, Crawlers etc.
• Illegal Downloads/Uploads, /Pirated Content / Ware
• Bruteforce Programs/Port Scanning /IP Scanners
• Email Spamming of any type
• Investment Sites (E-Gold Exchange, HYIP, FOREX, Linden Exchange, Second Life/ Pyramid Scheme/ Ponzi, MLM)
• Gambling Sites/ Lottery
• MUDs / RPGs / PBBGs
• Sites promoting hacking activities
• Bank Debenture Trading Programs/ Bank Debentures
• Replica Sites/ Fraudulent / Phishing
• Public Proxies / TOR Exit/ Public VPNs/ Anonymizers
• TeamSpeak / Mumble
• Virtual Currency Mining (including but not limited to bitcoin)
• DDoS-prone applications or booters / flood scripts / IP spoofing
• Open DNS resolvers / recursors
• Illegal software key generators /Cracking tools
• Public Game Servers
• File hosting services
• Cardsharing (CCCam or equivalent)
• P2P or file-sharing networks
• Adult Content hosting, storing and display

11.2.2. Accepted Usage Policy:
By agreeing to these ToS you agree and acknowledge that you will abstain from using ShortPixel Hosting or Short Pixel Image Optimizer, as applicable, for:
(a) any violation of any rule, regulation, law, or ordinance applicable to any state.
(b) causing any port scanning, Denial of service attacks, Trojans, viruses, corrupted files, worms or any malicious program or software which would result in the damage or disruption of the system, software, hardware, facilities or networks.
(c) hosting of any software or site that may result in overloading and overburdening of our system or the software that has been provided to you by the Company as the part of your Service plan.
(d) any such practices that fall into the category of child exploitation or child pornography.
(e) the promotion or spreading of any piece of information that pose the sentiments of animal or human cruelty, religious, sect or caste hatred or terrorism.
(f) being involved in any personal information dispersion regarding any content related to users without getting prior permission.
(g) publishing, usage or any violation of any illegal hosting or software.
(h) being involved in mail bombing or any spamming that includes the sending of illegal emails to the general public.
(i) being found involved in any illegal or fraudulent activity online including usage or hosting of fishing sites, illicit or deceptive software.
(j) making, attempting or allowing any unauthorized access to ShortPixel Hosting website, servers, your own hosting account or the account of any other customers of ShortPixel Hosting.
(k) allowing any remote code execution of malicious software through the hosting account provided by ShortPixel Hosting.
(l) forging the signature or other identifying mark or code of any other person or engaging in any activity to attempt to deceive other persons regarding the true identity of the User.
(m) using ShortPixel Hosting Services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party information.
(n) engaging in prohibited activities provided in Article 10 or not complying with the Limits below in article 11.3.
(o) using a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

11.3. Limits in use
11.3.1. Fair Usage Policy of ShortPixel Hosting: ShortPixel Hosting offers hosting plans bundled with limited and unlimited resources like disk space and/or other resources, such as data transfer, databases etc. The use of the Service is governed by a Fair Usage Policy, stated below, which covers the fair use of bandwidth and other resources where there is an indication of "unmetered/unlimited" data transfer or storage capacity, in order to prevent Service abuse and allowing the Company to fully optimize network capacity, as well as maintain the quality of the Services.
If a website is identified to consume too many resources, we will try to contact the User (owner) to discuss possible solutions. Until such solutions shall be implemented, the use of the Service can be limited at the discretion of the Company.
Disk space is intended for use in accordance with ShortPixel Hosting’s Fair Use Policy and limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. ShortPixel expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Fair Use Policy. ShortPixel may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of ShortPixel's T&C.
Excessive Server Resources: Use of ShortPixel’s resources must be consistent with a shared hosting environment and must otherwise comply with this T&C. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or an excessive database size negatively affect the performance of the server. In the event that you exceed these amounts, ShortPixel may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. ShortPixel reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
11.3.2. Fair Usage Policy of ShortPixel Image Optimizer: This policy prevents Service abuse, allowing us to fully optimize the capacity and maintain the quality of our Services. The Unlimited Plan is intended for personal use only and is subjected to the Fair Use Policy. Sometimes a single website can take up more than 5% of our Image Optimization Cloud capacity by using (but not limited to) huge images (over 10K pixels width/height), manipulated images designed to artificially load the system, or many images that require a lot of CPU processing power for being generated/optimized (e.g. WebP/AVIF). We consider such usage as unreasonable and abnormal, and affecting our Services. If a website is identified to consume too many resources, we will try to contact the User (owner) to discuss possible solutions and, until such solutions shall be implemented, the use of ShortPixel Image Optimization Cloud will be limited.
11.3.3. Visitors may post reviews, comments or other content on the Website as well as other communications and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, discriminatory, racist, containing hate speech or similar, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
11.3.4 The Company reserves the right (but not the obligation) to remove or edit such content, if detected. Also, the Company reserves the right to limit your use of the Services in duly justified cases, such as the cases detailed above.
11.4. Suspension and Termination of Accounts
We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all User Websites of ShortPixel Hosting, if applicable, are complying with these T&C.
The Company and its Affiliates reserve the right to refuse Service, suspend or terminate accounts, remove or edit content or cancel orders with immediate effect without prior notice, if:
- we believe that your use of the Service may be in breach of any law;
- we believe that you or a User Websites of ShortPixel Hosting has committed a breach of this T&C;
- we believe that your use of the Service may compromise or have an adverse effect on our systems or networks;
- when there is any business justification to do so.
The Company reserves the right to ban your domain/account from our servers and/or CDN immediately, without notice, and block further access for that domain/account in the cases mentioned above.
If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
You agree that you will have no claim against the Company in respect of any action reasonably taken by us under this clause 11.4, and you indemnify the Company against any claim by a User or User Websites or any other third–party arising out of the same.

12. SERVER / NETWORK MAINTENANCE

12.1. Scheduled Maintenance
In order to optimize and improve the performance of the systems providing the Services, we will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.
We will attempt to perform all scheduled maintenance at off-peak time, on principle, outside the usual business hours, generally on Sunday between 2AM and 3AM CET. If the maintenance period is expected to last for more than 30 minutes, we will post a notice regarding the maintenance to its announce mail list.
12.2. Unscheduled Maintenance
Unscheduled maintenance may need to be performed. During these maintenance times ShortPixel Hosting may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The User shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
12.3. Client Data and Data Backup
(a) Uploading Client Data
Except for intellectual property rights in the Client Data, the Company will own all intellectual property rights created during the course of providing the Service.
Subject to this clause 12 and the Fair Use Policy, you and your Users Websites may upload content that you wish to be part of your website in the manner and form and at the times directed by us from time to time, or are subject to our optimization Services, if applicable.
While using ShortPixel Image Optimizer and/or ShortPixel Hosting, you must ensure that your data and all Users Websites data:
- complies with any content standards set by these T&C and our Private Policy, as may be updated from time to time;
- complies with the applicableFair Use Policy;
- complies with all Laws; and
- does not infringe the intellectual property rights of any person.
The Company may remove any of your and your Users Websites data it considers unsuitable.
(b) Data Backup for ShortPixel Hosting
It is your responsibility to maintain local copies of your web content and information. ShortPixel Hosting shall execute an automatic back-up of the stored data on a daily basis. The back-up copies shall in general be stored for a period of 30 days. However, we strongly recommend that all Users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
12.4. Updates of website software
From time to time, ShortPixel may provide updates to the website software used to run your website or optimize your images. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then the security of your website and Client Data may be compromised. In case of any damage or the theft or loss of any data, we will not be responsible at all.

13. DISCLAIMER AND LIMITATION OF LIABILITY

13.1. By registering with ShortPixel Hosting or ShortPixel Image Optimizer, you hereby acknowledge and accept that you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, including your API keys and you are fully responsible for all activities that occur under your username and password.
Only and solely the User is responsible for the risks that come with his activities on the websites being hosted through his account or the images that are optimized. We have no responsibility regarding the content being transmitted, shared, collected or posted on your website or your users websites or subject to optimization. Moreover, the User gives his consent that the will comply with all the rights possessed by the third parties, right regarding intellectual properties, patents, trademarks, and copyrights.
13.2. To the extent permitted under the law, the Company cannot be held responsible for any kind of indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content) that you or a third party may suffer as a result of the fulfillment by the Company of the obligations incumbent to it based on these T&C.
13.3. The Company may also provide links and pointers to Internet sites maintained by third parties. Neither the Company nor its affiliates operate or control in any respect any information, products or services on these third party websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
13.4. The material in this Website and the third party websites are provided "as is" and without warranties of any kind either expressed or implied of merchantability and fitness for a particular purpose or the full and continuous functionality of the Services, without interruptions or errors. To the fullest extent permissible pursuant to the applicable law, the Company disclaims all warranties, expressed or implied, including but not limited to the operation of this Website or the information, content, materials, or products included on this website.
13.5. The Company does not warrant that this Website, its servers, or e-mails sent by the Company are free of viruses or other harmful components. To the extent permitted by the law, the Company will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
13.6. The Company attempts to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is complete, current, or error-free. Therefore, you expressly agree that your use of this Website is at your sole risk. However, we assure you that we are using our best endeavors to offer you the best user experience when using our Services.
13.7. You and Company hereby expressly agree that the liability of the latter for all claims in the aggregate raised in relation to the Services shall not exceed EUR 1000.
13.8. You agree to indemnify and hold the Company and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these T&C or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
13.9. You hereby confirm your acknowledgment that the legal provisions on the right to withdraw from the contract are not applicable to the Services, as these fall under the exception regarding the provision of digital content provided with the prior express consent of the consumer and which is not delivered on a material medium.

14. TERMINATION

14.1. The agreement set by these T&C is concluded for an indefinite period of time.
14.2. However, you may cancel your account with ShortPixel Services anytime, by sending an email to: help@shortpixel.com

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. These T&C are governed by the provisions of the Romanian legislation*.
15.2. Parties will use their best endeavors to amicably settle any potential dispute that may arise in relation to the use of Services in accordance with these T&C.
15.3. Any complaints regarding the Services may be addressed to the Company by using the contact details mentioned at section 19 below.
15.4. When no amicable settlement could be reached, any litigation that may be initiated in relation to these T&C shall be settled by the competent courts at the headquarters of the Company, if not otherwise provided by the law.
* Art. 9 in Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing other normative enactments
Art 16 let. m) from the Government Emergency Ordinance no. 34/2014

16. SPECIFIC PROVISIONS

16.1. SHORTPIXEL AFFILIATE PROGRAM AGREEMENT
This section describes the terms and conditions for participation in the ShortPixel Affiliate Program. For the scope of this section, the Affiliate and ShortPixel shall collectively be referred to as the "Parties".
By joining the Affiliate program, the Parties agree to the following:
i. Company shall make available to Affiliate certain banner advertisements, button links, text links and/or other graphic or textual material for display and use on the Affiliate website;
ii. Affiliate shall display these as Affiliate sees fit, provided that the manner of display shall be subject to these T&C.
16.1.1. ENROLLMENT
To enroll in the Affiliate Program, you must submit an affiliate application and be approved. Applications are processed daily and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
16.1.2. AFFILIATE URL
Once you become an approved member of the ShortPixel Affiliate Program, you will be able to generate special campaign URLs which will allow you to be paid for affiliate referrals.
16.1.3. COMMISSIONS
i. Affiliates will receive 30% of the sale as a commission from orders placed through properly coded Affiliate links. Company may decide at any time changes in the Commissions.
ii. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate.
iii. An Affiliate cannot receive 30% as commission for the purchases done for his own use. In this case, the Affiliate will receive no commission.
16.1.4. USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the website shall conform to the following terms, conditions, and specifications:
i. Affiliate may not use any graphic, textual or other materials to promote Company’s Website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
ii. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
iii. Affiliate will not alter, add to, subtract from or otherwise modify the Promotional Materials as they are prepared by the Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
iv. As regards ShortPixel Image Optimizer, for dedicated servers, Affiliates will only receive 30% of the buyer's first month's payment. The subsequent payments by the customer for a dedicated server will not generate any additional Affiliate commission.
16.1.5. PAYMENT
i. The Company pays Affiliates by means of a bank transfer or via a PayPal account, provided to us when a member is accepted in the Affiliate Program. If the PayPal email changes, it is the responsibility of the Affiliate to notify the Company to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
ii. Commissions are held for a period of 1 month from any purchase to protect the Company in the event of any chargeback that may occur.
iii. Company shall pay all Commissions accrued and payable to Affiliate within 20 days of the first day of each month.
iv. When the value of Affiliate’s Commission is at least 100$, the Affiliate will provide the Company with an invoice for the payment of such Commission. The payment shall be made by means via a PayPal account or, for amounts bigger than 500$ via bank transfer.
v. Only referrals that are older than 30 days and still in good standing will be included with the payout.
vi. If the originating purchase is refunded, revoked, or removed in any way, we reserve the right to revoke the Affiliate commission on that purchase.
16.1.6. SHORTPIXEL HOSTING ANTI-SPAM POLICY
ShortPixel strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse to seek sales. Spam is defined as including, but not limited to, the following:
i. Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt-in subscription;
ii. Messages posted to Usenet, forums, Twitter, Facebook, and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.
If a forum owner or moderator complains that an Affiliate has spammed, the affiliate account may be permanently terminated after investigation.
iii. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
iv. Solicitations posted to chat rooms or to groups or individuals via Internet Relay Chat, Discord, or "Instant Messaging" system.
16.1.7. ACCOUNT TERMINATION
Upon the receipt of a credible complaint regarding any of the situations mentioned at point 16.1.6. above, the ShortPixel Affiliate Program manager may investigate the complaint, and, if proven to be grounded, may terminate the affiliate account of the individual involved in the abuse, at its sole discretion and with or without prior notice. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
16.1.8. RELATIONSHIP OF PARTIES
i. Affiliates are independent contractors and nothing in these T&C will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
ii. Affiliates have no authority to make or accept any offers or representations on behalf of the Company.
iii. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
16.2. SHORTPIXEL REFERRAL PROGRAM
The Company’s Referral Program allows registered Users to earn credits by referring friends to ShortPixel. To participate in this program, Users must agree to the terms below.
16.2.1. EARN IMAGE CREDITS
i. Users can earn credits if (i) a referred friend clicks on their referral link and creates a valid ShortPixel account that complies with our Terms and Conditions; and (ii) the referred friend completes the sign-up process and starts using ShortPixel Hosting or ShortPixel Image Optimizer.
ii. The referring User will be credited with the specified ShortPixel Hosting or ShortPixel Image Optimizer credits.
iii. Credits may not be earned by creating multiple ShortPixel Hosting or ShortPixel Image Optimizer accounts. Credits accrued in multiple ShortPixel accounts may not be combined into one ShortPixel account.
16.2.2. REFERRAL LINKS
Referrals should only be used for personal and non-commercial purposes, and only shared with connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that the recipients are personal connections (such as coupon websites, Reddit, or Wikipedia).
16.2.3. REFERRED FRIENDS
i. Referred friends that have signed up using a valid referral link for ShortPixel Image Optimizer will also receive additional image credits. The standard amount is 100 one-time images but may vary in some cases if the referred friend signed up as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials.
ii. The same website domain cannot be associated with multiple referral friends' accounts. This prevents the artificial creation of several ShortPixel User accounts, for optimizing the same website.
iii. A referred friend may only use one referral link.
iv. The referee needs to optimize at least 50 images in order for the bonus credits to be applied.
16.2.4. LIMITATIONS
i. The Company may suspend or terminate the Referral Program or a User’s ability to participate in the Referral Program at any time if a justification may be provided in this regard.
ii. Requirements and incentives may also change at any time, with prior notification to the Users.
iii. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent.
iv. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals, as necessary.

17. CHANGES TO THE TERMS & CONDITIONS

17.1. Amendments may be brought to these T&C occasionally. Such amendments may include but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules.
17.2. In case of changes, we will inform you and will give you the opportunity in 15 days to review the changes and to refuse the updated T&C.
17.3. If you do not agree with the changes, you may not use our Services anymore and the agreement with us will be terminated. The termination of the agreement will be effective at the date when the new version of T&C becomes applicable.

18. MISCELLANEOUS

18.1. In accordance with art. 1203 from the Romanian Civil Code, parties hereby expressly accept the provisions of clauses 41.2.3, 4.1.2.5, 4.1.2.6, 5.1.3., 6, 7.1.-7.3., 11.1.1., 11. 4., 12.4., 13.1- 13.9, 15.4 and 16.1.7 of these T&C.
18.2. If any term or provision in these T&C is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these T&Cs, the remainder of these T&Cs shall survive with the said offending provision eliminated.
18.3. Any log-in credentials, including API keys provided by the Company to the User are treated confidentially and are used only for the intended purpose and in connection with the relevant API. The User warrants that adequate security measures are in place at its facilities to prevent unauthorized access or use.
18.4. If these T&C are provided in more languages, parties hereby agree that the Romanian language version is binding, other translations being for convenience only.
18.5. These T&C shall supersede and replace all prior agreements and understandings, oral or written, between the Company and the User regarding the Services.

19. HOW TO CONTACT US

ID SCOUT SRL
Address: Bucuresti, Str. Transilvaniei nr.2, Camera 5, Bl.5, Ap.19, Sector 1, 010798
Romania
E-mail: support@shortpixel.com

20. WAIVER

The failure of the Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Company's right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.