Terms of Service

Welcome to Afosto, a cloud-based image management solution (the "Service", as more fully described below). The Service is owned and operated by Afosto SaaS B.V. ("Afosto"). These Terms of Use will govern the relationship between you and Afosto SaaS B.V. (directly or through an authorized distributor or reseller), or any division of Afosto SaaS B.V. ("Afosto") as applicable.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE") CAREFULLY, BECAUSE THEY, ALONG WITH OUR PRIVACY POLICY, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY ACCESSING OR USING THE SERVICE, AND AFOSTO SAAS B.V. BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT LOG IN TO OR USE THE SERVICE.

From time to time, Afosto may change the Terms to comply with technical, operational and legal changes. Afosto will post a notice of the changes to the Terms on its website and may send you a notice by e-mail a reasonable time before the changes take effect. You may choose, by written notice to Afosto, to reject the modified Terms if the changes adversely affect your rights, and if Afosto does not agree that such modified Terms do not apply to you, terminate your account. By continuing to use your account with the Service after the new changes take effect, you are indicating your acceptance of the modified Terms.

About the Service The Service is an online image optimisation platform. The Service provides a feature-rich solution for the use of images by websites and applications.

From time to time, Afosto may modify or improve the Service, and may offer additional tools and features, free of charge or for an additional fee. Additional tools and features may be subject to additional or different terms of service.

Grant of Rights Subject to these Terms and the payment of fees, if any, Afosto grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service solely for your business purposes and not for further commercialization or resale. Except as expressly provided in these Terms, you may not use the Service for any other purpose.

User account When you register, Afosto will ask you to provide certain contact and personal details. Afosto will explicitly indicate which fields are mandatory. False, incorrect or outdated information, such as an invalid e-mail address, may prevent you from registering and may affect Afosto's ability to provide you with the Service.

In order to log in, you must provide your email address and password. Afosto may also, from time to time, establish and require additional or different means of identification and verification for logging in and accessing the Service. You must keep your login credentials in absolute confidence. Please ensure that you change your password at least once every six months. You must immediately notify Afosto of any possible or actual misuse, unauthorised use, of your account.

If your subscription conditions allow it, you can terminate your account via your account page or by contacting Afosto via e-mail at: support at afosto.com If your subscription is based on a renewable fixed period, you may choose not to renew your subscription by sending Afosto the appropriate advance notice. Afosto may require you to verify your identity by sending Afosto additional information as a condition of terminating your account. Upon termination of your account, you may no longer have access to the Service. You are not entitled to a refund upon termination of these Terms.

Notwithstanding any remedies available to Afosto under applicable law, Afosto may refuse, limit, suspend or terminate your user account temporarily or permanently, deny you access to the Service, remove your content and take technical and legal measures to keep you off the Service without refund if Afosto determines, in its sole discretion, that you have: (i) abused your rights to use the Service; (ii) violated the Terms; (iii) violated any applicable law, rule or regulation; and/or (iv) performed any act or omission that is harmful or likely to be harmful to us, or any other third party, including other users or suppliers of the Service.

Acceptable Use of the Service When using the Service, you shall comply with applicable laws, rules and regulations and any usage guidelines that Afosto may communicate to you from time to time.

You may not use the Service for any illegal or improper purpose or to develop or create a similar or competing product or service. You are responsible for all actions related to your access to and use of the Service and the access to and use of the Service by employees, agents, contractors, end users and any other third party that accesses or uses the Service on your behalf or with your permission ("Authorised Users").

You may permit your Authorized Users to upload, store, manage, edit, deliver, make available and distribute content ("Contributed Content"), subject to any technical and security guidelines and restrictions for uploading content that are communicated to you through your account dashboard, and which are amended from time to time. Afosto may, but is not obligated to, review all Content and remove or block access to such Content, as further described below.

Any use of your account is your sole responsibility. You must not use the Service (including for uploading or sending Contributions) for any illegal, harmful, fraudulent or abusive purpose or to transmit, store, display, distribute or otherwise make available content that infringes the rights of third parties, is illegal is harmful, supports or promotes violence or violent extremism, advocates hatred against a person or group of people on the basis of their race, religion, ethnicity, gender, gender identity, sexual orientation, disability or impairment, is indecent or obscene, defamatory, libelous, harassing threatening, fraudulent, abusive, facilitates online gambling or is inconsistent with the generally accepted practices of the Internet community, including, but not limited to, promoting or facilitating pornography, offering or distributing fraudulent goods and services schemes or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing or pharming, and the use of content or technology that may damage, disrupt, surreptitiously intercept or expropriate any system, program or data, including viruses, Trojan horses, worms or time bombs.

Privacy and data protection Afosto's provides the Service subject to Afosto's privacy policy and data protection rules.

Removal of content Afosto respects the copyright of its users and any other person. If you believe that your copyrights are being abused on the Service, please send us a message at https://afosto.com/contact/

Afosto may report any contributions and share any information identifiable to the user, if Afosto believes, in its sole discretion, that such content is illegal or unlawful or may infringe the rights of third parties.

Afosto respects the rights of its users and any other person. If you believe that any of your rights, other than copyright, are being abused on the Service, please contact Afosto at: https://afosto.com/contact/. Afosto may ask you to provide additional information in order to process your complaint. Afosto will make all reasonable efforts to assess your complaint and respond promptly. Afosto will not respond to anonymous complaints.

Service costs Quicq Quicq offers the first 14 days of service free of charge.

After these 14 days, Quicq offers usage and cost-based plans using a pay-per-use model which means you will only pay for the bandwith and optimizations you actually use.

The current tiers for the use of Quicq are:

Quicq Tiers Free Forever Start Serious Pro Enterprise Optimizations 100.000 Free

100.000

€ 0,0001 per optimization

500.000

€ 0,00005 per optimization

1.000.000

€ 0,00004 per optimization

2.500.000

25GB

€ 0,50 per GB

100GB

€ 0,30 per GB

250GB

€ 0,25 per GB

750GB

From time to time, Afosto may change the cost of the Service. This may be done upon reasonable prior notice which Afosto will post on its website or send by email.

You may pay the fees by using the payment methods available on the Service. Fees will not be considered paid until your payment is confirmed. You acknowledge that the fees are non-refundable.

Payments include applicable taxes. You will pay all fees and taxes in a timely manner and in accordance with Afosto's pricing schedule and you will reimburse Afosto for all fees and taxes.

Afosto will use its best efforts to have a transaction processed accurately and quickly and to reimburse you for any overpayment that you may have been wrongly charged. However, Afosto is not liable for errors, mistakes, malfunctions and calculation mistakes by the payment service providers.

In the event of non-payment, and after giving you seven (7) days prior notice of payments due, Afosto may delete, deactivate or terminate your account.

Intellectual Property Except for your Contributions, all right, title and interest in and to the Service, including all intellectual property rights, whether registered or unregistered, and all goodwill associated therewith, are owned by or licensed to Afosto SaaS B.V. and are held by Afosto SaaS B.V. Except as expressly provided herein, these Terms do not grant you any rights in patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, features or licenses relating to the Service, and you may not use the Service for any other purpose without the prior express written consent of Afosto SaaS B.V.

Afosto does not claim ownership of the added content. You do, however, give Afosto permission to use your content to deliver, develop and support the Service. You give Afosto permission to use your company name and logo on the Afosto website and all publications issued by Afosto. If you wish to decline the use of your name and logo by Afosto, please contact Afosto at: support@afosto.com You acknowledge that Afosto may adapt and change the contributions on the basis of your requests.

Rejection of guarantee YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTY OF ACCURACY, RELIABILITY, PROBABILITY OF RESULT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR THAT THE SERVICE IS UP-TO-DATE. USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED BY LAW, AFOSTO AND QUICQ EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES WITH REGARD TO THE SERVICE, THE ACCURACY, RELIABILITY, SUITABILITY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY A LINK TO ANOTHER WEB SITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY, PROBABILITY OF RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER STATEMENT OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS OF CAPACITY, FITNESS FOR USE OR PERFORMANCE OF THE SERVICE, WHETHER MADE BY AFOSTO AND QUICQ OR OTHERWISE, NOT CONTAINED IN THESE TERMS AND CONDITIONS SHALL BE DEEMED A WARRANTY BY AFOSTO AND QUICQ FOR ANY PURPOSE, OR SHALL GIVE RISE TO ANY LIABILITY ON THE PART OF AFOSTO AND QUICQ OF ANY KIND.

Limitation of liability AFOSTO AND QUICQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES AND PAYMENTS OR FOR ANY LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), STRICT LIABILITY, CIVIL LIABILITY OR ANY OTHER CAUSE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT AFOSTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, EXPENSES OR PAYMENTS.

THE AGGREGATE LIABILITY OF AFOSTO FOR ALL CLAIMS OR ACTIONS ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CIVIL LIABILITY OR ANY OTHER ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY AFOSTO FROM YOU DURING THE TWELVE (12) MONTHS PRECEDING THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS, AFOSTO SHALL NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY WHICH IS NOT LIMITED UNDER APPLICABLE LAW.

Indemnification You shall indemnify and hold Afosto, Afosto's affiliates and Afosto's employees, directors, shareholders, consultants or anyone acting on Afosto's behalf, harmless from and against any claim, demand, damage, loss, loss of profits, payment or expense, including reasonable attorneys' fees incurred by Afosto in connection with any alleged or actual breach of these Terms or any alleged or actual wrongful act or omission with respect to the Service by you or by anyone acting on your behalf. Such indemnification includes, but is not limited to, legal fees and attorney's fees.

General These Terms, constitute the entire agreement between you and Afosto with respect to access and use of the Service and supersede all agreements, negotiations, and understandings, whether written or oral, regarding the Service, except where you have separately entered into an online agreement, written agreement, or through a registration form with Afosto that incorporates these Terms by reference.

No waiver, concession, extension, representation, modification, addition or variance of these terms and conditions shall be effective unless made in writing and signed by the party whose waiver is made.

You may not assign your rights and obligations under these Terms without Afosto's prior written consent and any assignment without such prior written consent shall be null and void. Afosto may freely assign its rights and obligations herein. Subject to any provisions of this Agreement relating to assignment, all covenants and agreements contained in this Agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto.

Severability If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, invalid, unenforceable or otherwise contrary to law, the remaining provisions of these Terms shall continue in full force and effect.

Contacting us You can contact Afosto with any question about the Service, using the contact form at: https://afosto.com/contact/ Afosto will endeavour to deal with your query promptly.