Effective Date: November 23, 2021
This document sets forth the service commitments, term and billing practices if you have purchased access to the Service directly from us and is incorporated into our standard Terms of Service available at https://imageengine.io/terms-of-service/.
Service Commitments. We will endeavor to provide the Service on a 24 hour a day, 365 days a year continuous basis. However, we cannot guarantee that the Service will never experience an interruption. If the Service is unavailable for less than 99.99% of the time in any particular calendar month, as your sole and exclusive remedy your account will be eligible for a downtime credit of one of the following amounts (the largest applicable): (a) 100% of the amount actually paid in such month by you if the Service was available less than 20% of the time during such calendar month, (b) 50% of the amount actually paid in such month by you if the Service was available less than 50% of the time during such calendar month, (c) 10% of the amount actually paid in such month by you if the Service was available less than 75% of the time during such calendar month, or (d) 5% of the amount actually paid in such month by you if the Service was available less than 99.99% of the time during such calendar month. You must request this credit within 30 days of such downtime in order to receive it and also provide evidence that your users were not able to contact the Service during the downtime period. You understand that the unavailability of the Service is measured by us in our reasonable discretion solely as the failure of our servers to respond to requests because either the servers are inoperable or our connection to the public internet is unavailable, and our monitoring and measuring of such uptime shall be deemed to be the conclusive measurement of unavailability of the Service. We are not responsible for, and the Service shall not be considered to be unavailable, during periods where there are disruptions to other aspects of the public internet (such as a failure of a domain name server) or where there are disruptions to your servers or internet access. You must have timely paid all amounts due hereunder and otherwise not be in breach of this agreement to be entitled to receive this credit.
The term of the agreement and billing period is measured by a “Contract Period,” which means (except as provided otherwise herein) the period starting on the day you first registered for your account and ending on 11:59 pm ET on the day in the following month immediately preceding the day you first registered such account or the last day of the month if you registered your account(s) on the 29th, 30th or 31st of a month and any subsequent month has fewer days than the day on which you registered (e.g., if you first register on January 30th, the period between January 31th and 11:59 pm ET on February 28th) and each subsequent month beginning on the anniversary of the day you first registered such account measured in the same manner (i.e., for the prior example, the next Contract Period would be 12:00am ET March 1st through 11:59 pm ET March 31st). This agreement automatically renews at the end of each Contract Period for another Contract Period unless you have terminated the Service using the procedure provided in your access portal for the Service. All fees associated with your account, as well as any applicable taxes we are obligated to collect, will be billed to the credit card you provide as part of the registration. Unless you have reached a special agreement with us, all fees are due monthly. If you have agreed with us to a different payment term, then the period for which you pay (a quarter, half-year or year as examples) shall be deemed the period referred to herein as the Contract Period. The fee for the Service is detailed on our website describing the Service, and may change from time to time at the end of the current Contract Period; your sole remedy if you find such change unacceptable is to terminate the Service as provided herein. You represent and warrant that the credit card information you provided was issued to you and you have the authority to incur charges to such credit card account. You authorize us to bill the fee for the Service in advance on a non-refundable basis on or about the start of each Contract Period. We will endeavor to send a receipt by email once we have billed your credit card, and it is your responsibility to ensure this email is not captured by any spam filtering technology you may employ. If you do not wish to pay for future Service it is your obligation to use your account’ settings to terminate the Service prior to the start of your next Contract Period. We reserve the right to change our fees from time to time at any time in accordance with the terms applicable to changes to the agreement.