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Terms and Conditions

These Terms and Conditions (“T&C”) are regulating the use of resmush.it (“ReSmush.it)” 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 ReSmush.it, 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:

  • Definitions
  • Privacy
  • Scope of ReSmush.it
  • Description of Service
  • Account Eligibility
  • Obligations and Liabilities of The User’s
  • Costs
  • No resale
  • Copyright
  • Service Availability, Prohibited Activities, Accepted and Fair Usage Policy, Limits in Use and Suspension and Termination of Accounts
    • Service availability
    • Prohibited Activities
    • Limits in use
    • Suspension and Termination of Accounts
  • Server / Network Maintenance
    • Scheduled Maintenance
    • Unscheduled Maintenance
    • Client Data and Data Backup
    • Updates of website software
  • Disclaimer and limitation of liability
  • Termination
  • Governing law and Dispute resolution
  • Changes to the Terms & Conditions
  • Miscellaneous
  • How to contact us
  • Waiver

1. DEFINITIONS

“User/customer/you” : the individual or entity who registered on the Website and thus owns a ReSmush.it account;
Visitor : the individual or entity who visits the Website without creating an account;
Services : all the services provided through ReSmush.it, as detailed at Section 4 below;
API : Application Programming Interface enabling the Users to interface with the Services;

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 RESMUSH.IT SERVICES

Our goal is to provide reliable, high-quality and secure Image optimizing 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.

4. DESCRIPTION OF SERVICES

  1. ReSmush.it Image Optimization Services
    4.1.1. 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 provide the following Optimization Services through the Website:
  • WordPress Plugin

ReSmush.it 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.

  • ReSmush.it Website Optimizer

ReSmush.it 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.

  • The Services described under the “API Services” paragraph, do not include 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. To use the API Services, you must upload your image 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 resmush.it uses during the course of providing the Services to you. Please know that if an image cached via the API Services is removed from your storage or hosting location, it may remain on resmush.it’s caching servers for a limited time (30 minutes).
  • Hosted Services. resmush.it may make certain Hosted Services available, which may enable users to upload images, use hosted processing features and functionality, and deliver 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. resmush.it 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.

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. ReSmush.it 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 ReSmush.it has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, ReSmush.it 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 ReSmush.it 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. OBLIGATIONS AND LIABILITIES OF THE USERS

6.1. 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.
6.2. The User is obliged not to disclose the login information to unauthorised third parties. Users shall inform ReSmush.it 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 optimization 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.
6.3. 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.
6.4. 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.).
6.5. The User is obliged to use an user agent (user-agent parameter or header) when making any requests to the API service so it can be identified.
Example: “WordPress 6.4.3/Company Name – https://company-website.com”

7. COSTS

7.1. As of March 2024, the API service is provided entirely for free with no usage restriction except the size of uploaded files, for personal use only.
For business or commercial use, please contact reSmush.it for a personalized solution.
reSmush.it reserves the right to block IPs or domains which would over-consume the service, without notice.

7.2. reSmush.it reserves the right to add a payment gateway in the future.

8. 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 and liable for damages as incurred.

9. COPYRIGHT

9.1. 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.
9.2. 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 ReSmush.it 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.
9.3. 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.
9.4. 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.
9.5. 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.
9.6. 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.

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

10.1. Service availability
10.1.1. 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.

10.2. Prohibited activities

10.1.1. Accepted Usage Policy:
By agreeing to these ToS you agree and acknowledge that you will abstain from using ReSmush.it 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.
(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.
(k) 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.
(l) engaging in prohibited activities provided by this ToC or not complying with the Limits below in article 10.
(m) using a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

10.3. Limits in use
10.3.1. Fair Usage Policy of ReSmush.it Image Optimizer: This policy prevents Service abuse, allowing us to fully optimize the capacity and maintain the quality of our Services. 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 ReSmush.it Image Optimization Cloud will be limited.
10.3.3. 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”.
10.3.4 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.
10.4. 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 are complying with these T&C.
The Company reserves 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 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 10.3, and you indemnify the Company against any claim by a User or User Websites or any other third–party arising out of the same.

11. SERVER / NETWORK MAINTENANCE

11.1. 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.
11.2. Unscheduled Maintenance
Unscheduled maintenance may need to be performed. During these maintenance times ReSmush.it 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.
11.3. 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 11 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 ReSmush.it Image Optimizer, you must ensure that your 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 applicable Fair Use Policy;
  • complies with all Laws; and
  • does not infringe the intellectual property rights of any person.
    The Company may remove any of your data it considers unsuitable.

11.4. Updates of website software

From time to time, ReSmush.it may provide updates to the website software used to 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.

12. DISCLAIMER AND LIMITATION OF LIABILITY

12.1. By registering with ReSmush.it 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.
12.2. 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.
12.3. The Company may also provide links and pointers to Internet sites maintained by third parties. The does not 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.
12.4. 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.
12.5. 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.
12.6. 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.
12.7. 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.
12.8. 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.
12.9. 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.

13. TERMINATION

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

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. These T&C are governed by the provisions of the Romanian legislation*.
14.2. Parties will use their best endeavours to amicably settle any potential dispute that may arise in relation to the use of Services in accordance with these T&C.
14.3. Any complaints regarding the Services may be addressed to the Company by using the contact details mentioned at section 17 below.
14.4. 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

15. CHANGES TO THE TERMS & CONDITIONS

15.1. Amendments may be brought to these T&C occasionally. Such amendments may include but are not limited to changes in the scope of fee schedules and payment procedures.
15.2. 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.
15.3. 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.

16. MISCELLANEOUS

16.1. In accordance with art. 1203 from the Romanian Civil Code, parties hereby expressly accept the provisions of clauses 5.1.3., 6.1.-6.3., 10.1.1., 10.4., 11.4., 12.1- 12.9 and 14.4 of these T&C.
16.2. 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.
16.3. 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.
16.4. 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.
16.5. These T&C shall supersede and replace all prior agreements and understandings, oral or written, between the Company and the User regarding the Services.

17. 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

18. 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.