Terms and Conditions

Please read these terms carefully before using our service.

Last Updated: August 1, 2023

1. Introduction

Welcome to ImageTool. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website located at imagetool.com and all related services (collectively, the "Service") operated by ImageTool ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of ImageTool and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ImageTool.

3. User Content

3.1 Your Rights

When you upload images or other content to our Service for processing ("User Content"), you retain all rights to your User Content. By uploading User Content to our Service, you grant us a limited license to use, process, store, and transfer the User Content solely for the purpose of providing the Service to you.

3.2 Temporary Storage

We temporarily store your User Content on our servers to perform the requested operations (compression, cropping, format conversion, etc.). Unless explicitly stated otherwise for a specific service, all User Content is automatically deleted from our servers within 24 hours of processing.

3.3 Prohibited Content

You agree not to upload, share, or process any User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party
  • Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity
  • Contains personally identifiable information about others without their consent
  • Violates any applicable local, state, national, or international law

4. User Accounts

Our Service does not currently require user accounts or registration. Should we implement user accounts in the future, additional terms regarding account creation, security, and termination will be added to these Terms and Conditions.

5. Service Usage

5.1 Fair Use

While our Service is free to use, we reserve the right to implement reasonable usage limits to ensure fair access for all users. Excessive use that negatively impacts the performance of our Service for other users may result in temporary or permanent restrictions.

5.2 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

5.3 API Usage

If we provide an API for our Service, additional terms may apply to its usage. Unauthorized use of our API or attempts to reverse engineer our Service are strictly prohibited.

6. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ImageTool.

ImageTool has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ImageTool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ImageTool, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Service will function uninterrupted, secure or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

8. Limitation of Liability

In no event shall ImageTool, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use or alteration of your transmissions or content
  • Any loss or corruption of your User Content

Regardless of the cause of action, whether in contract, tort (including negligence), breach of warranty or any other legal theory, and whether or not the company has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.

9. Indemnification

You agree to defend, indemnify and hold harmless ImageTool and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: legal@imagetool.com
  • By visiting the contact page on our website: Contact Us