Terms of Use Agreement

Effective Date: July 1st, 2023

This Terms of Use Agreement (the “Agreement”) is entered into by and between Alex MacArthur (referred to as “PicPerf” or “Service Provider”) and the user of the PicPerf service (“Customer” or “User”). This Agreement sets forth the terms and conditions governing the use of the PicPerf website and services.

1. Acceptance of Terms

By accessing the PicPerf website or using the services provided, the Customer acknowledges and agrees to comply with the terms and conditions set forth in this Agreement. If the Customer does not agree to these terms, this Customer should not use the PicPerf service.

2. Service Description and Limitations

PicPerf is a Software-as-a-Service (SaaS) that optimizes images used on customers’ websites to enhance their performance. While PicPerf aims to improve metrics related to image performance, such as image size and load time, the Service Provider does not guarantee improvements in overall page performance, user experience, SEO, or other metrics. PicPerf exclusively focuses on optimizing the images themselves, and any impact on other metrics is not the responsibility of PicPerf.

3. Glitches, Outages, and Damages

In the event of a glitch or service outage, PicPerf is not responsible for damages to the Customer’s website, business, or any associated assets. The Customer acknowledges that interruptions may occur and agrees that PicPerf will not be held liable for any such issues.

4. Ownership and Distribution of Optimized Images

PicPerf does not claim ownership of the images optimized through its service. The optimized images will be stored with a third-party cloud storage provider solely for the purpose of retrieving them when requested by a client through the Customer’s website or wherever the Customer chooses to make them available by way of PicPerf’s services. These images will also be distributed through a third-party Content Delivery Network (CDN). Additionally, PicPerf may use the images inside its authenticated application for logistical purposes that benefit the customer.

5. Unauthorized Use of Licensed Images

a. PicPerf processes images provided by customers for optimization. It is the sole responsibility of the customer to ensure that they have the necessary rights, permissions, and licenses for the images submitted to PicPerf.

b. PicPerf assumes no liability or responsibility for any unauthorized use of licensed images processed through its service. It is the customer’s obligation to obtain the appropriate rights and permissions from the respective copyright holders or authorized entities.

c. The Customer acknowledges that they are solely responsible for any legal consequences, liabilities, or damages arising from the unauthorized use of licensed images processed by PicPerf.

d. PicPerf reserves the right to cooperate fully with copyright holders, legal authorities, or other relevant entities in cases of suspected unauthorized use of licensed images.

6. Usage of Images for Demonstrative or Promotional Purposes

PicPerf may request permission from the Customer to use optimized images for demonstrative or promotional purposes. However, PicPerf will seek verbal or written permission from the customer before using any images in this manner.

7. Suspension or Termination of Service

If the Customer decides to suspend service with PicPerf, the previously optimized images will remain stored in cloud storage, but they will not be distributed. To have these images permanently removed, the Customer must make a specific request. Removal will only occur for the domains that were indicated when the Customer began using PicPerf’s services. Following the cancellation or suspension of service, and assuming the Customer committed no abuse (which may include the use of Prohibited Content, described below) of the services, PicPerf will continue serving images at its URLs for the customer for 30 days following cancellation or suspension (“Grace Period”). During this period, images will not be optimized. PicPerf reserves the right to extend this period at its discretion.

8. Suspension for Unreasonable Abuse

PicPerf reserves the right to immediately suspend and disable service if the customer engages in unreasonable abuse or misuse of the PicPerf service. The determination of what constitutes unreasonable abuse will be at the sole discretion of PicPerf. If the Customer was determined to have committed abuse of PicPerf’s services, PicPerf is not required to continue serving images for the previously mentioned Grace Period.

9. Security Vulnerabilities

PicPerf is not responsible for any security vulnerabilities inherent to the products and services used to operate PicPerf. The customer acknowledges that there may be risks associated with using online services and agrees that PicPerf will not be held liable for any security vulnerabilities.

10. Modification of Terms

This Terms of Use Agreement is subject to change at any time without prior notice. Customers may be notified of any changes through email. Continuing to use PicPerf as a service after receiving notification of the updated terms will indicate the customer’s agreement to be bound by the revised Agreement.

This Agreement is effective as of the date the customer chooses to begin using PicPerf services. By utilizing the service, the customer acknowledges and agrees to be bound by the terms and conditions outlined in this Agreement.

12. Suspension or Ban of Customers

PicPerf reserves the right to suspend or permanently ban a customer from using the service for any reason, at any time, without prior notice or liability. The determination of suspension or ban will be at the sole discretion of PicPerf.

13. Prohibited Content

No customer is permitted to use PicPerf for images that contain unreasonably vulgar, violent, sexual, illegal, or pornographic content. PicPerf reserves the right to determine what constitutes prohibited content and take appropriate action, including suspension or termination of service, for violations.

14. Payment Processing

PicPerf processes payments through Stripe. PicPerf does not manage any payment information directly and does not have access to customers’ payment details. The Customer’s use of Stripe’s services is subject to Stripe’s terms and conditions.

Payments may be collected in periods composed of individual months. Once the current service period has ended, subscriptions will continue automatically, unless explicitly requested by the Customer.

15. Refunds and Cancellations

a. Refunds: PicPerf offers refunds to customers who request them within 60 days of their initial purchase. To initiate a refund request, customers must contact PicPerf’s customer support and provide the necessary details.

b. Cancellation and Prorated Term: In the event that a customer chooses to cancel their subscription before the end of the current billing term, PicPerf will prorate the remaining unused portion of the term. Requests for cancellation must be submitted to PicPerf’s customer support.

16. Entire Agreement

This Agreement constitutes the entire agreement between the customer and PicPerf, superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law.

By using the PicPerf service, the customer acknowledges that they have read, understood, and agreed to abide by the terms and conditions set forth in this Terms of Use Agreement.

If you have any questions or concerns regarding this Agreement, please contact us at macarthur.me/contact.