This is a translation from the original terms and conditions in the Czech language.
INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") govern the use of the Imagedit.io service - an online tool that allows users to edit images in real-time via API (Application Programming Interface) (hereinafter referred to as "service"). The service is operated on the website located at the internet address imagedit.io.
The service operator is Jan Kuthan, with its registered office at Mariánovice 42, Benešov u Prahy, 25601, ID No: 74900722 (hereinafter referred to as "operator").
The user can be any person, natural or legal, who registers to use the Imagedit.io service (hereinafter referred to as "user"). The user can be:
a consumer, i.e., a natural person who does not act within the scope of their business activities or independent exercise of their profession (hereinafter referred to as "consumer"), or
an entrepreneur, i.e., a person who independently carries out gainful activity in a trade or similar manner with the intention of doing so systematically for the purpose of achieving profit (hereinafter referred to as "entrepreneur"). If the user provides their identification number during registration, they acknowledge that they are considered an entrepreneur in the contractual relationship with the operator and the consumer protection adjustment according to the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended, does not apply to them.
The provisions of the terms and conditions are an integral part of the service provision contract concluded between the operator and the user.
CONCLUSION OF THE CONTRACT
By registering, the user enters into a service provision contract with the operator. By their voluntary registration, the user expresses consent to these terms and conditions.
Upon registration at www.imagedit.io, the user declares that they are familiar with the functionality of the online tool and the scope of services provided.
The user chooses a preferred tariff for the use of the service (refer to section 4.3 of the terms and conditions). The tariff is active at the moment of payment acceptance. Depending on the chosen tariff, the user has credits available for image editing services and a data traffic limit.
The consumption of credits and data traffic limits occurs under these conditions:
Credit consumption
credits are consumed when using the API editing services
for repeated use of the API with the same parameters, only the first call is charged, subsequent calls return the result through CDN and only data traffic is charged
in the case of multiple active tariffs, the one with the most favorable credit rate for the user is always used
monthly credit addition is fixed, according to the amount accepted at the order
to change the amount of credits added within the tariff, it is necessary to arrange a new tariff
Data traffic consumption
each API request counts the data transferred to the API consumer, measured to 1 byte
to change the data traffic limit within the tariff, it is necessary to arrange a new tariff
Credit vs. data traffic consumption
The first query to the API consumes credits and data traffic, the following same query consumes only data traffic. This principle cannot be enforced, and situations may occur when the same query again consumes credits. Statistics can be monitored in the account administration.
Upon reaching the limit of credits and data traffic, the following applies:
when credits are exhausted, the API returns an image with a warning that there is not enough credit balance
when data traffic is exceeded, the API returns an image with a warning that the limit has been exceeded
the limit is always calculated from the sum of all active limits at that time
the monthly data traffic limit is fixed, according to the amount accepted at the order
USER ACCOUNT
To use the service, the user must create a user account using their email address. After verifying this email address, the user sets a password and has full access to the service.
The user is obliged to provide the operator with truthful information about themselves and regularly update the information in case of changes. The operator is not responsible for any damages that arise as a result of the user's breach of the above obligation.
The user logs into the user account with a username and password. The user is obliged to protect these details from misuse and prevent them from being obtained by another person. The provider is not responsible for any misuse or loss of access data. The user also takes care of securing the API key; if they do not do so, they are aware that they risk its misuse.
In the account administration, the user can request account deletion. By confirming the request in their email, the user is redirected to the web, where the deletion is completed. After account deletion, only data necessary for the correct taxation of income from payments sent by the user are stored in the system. Upon account deletion, all prepaid services, including current credits, expire without any refund.
PRICE AND PAYMENT TERMS
To use the services, the user chooses one of the offered tariffs. The tariff is active at the moment of payment acceptance. Purchased credits and limit can be checked on the account overview page.
The prices of services are fixed, the decisive factor is the price accepted by the user at the order of a specific service.
The user chooses one of the following tariffs:
Free tariff
the account is completely free, and the user has it active whenever they do not have any paid tariff
the account has a 25GB data limit for data traffic provided through the API
the account receives 5000 credits on the 1st day of the month, credit addition is conditional on a lower balance than the added amount
the data traffic limit is calculated on the 1st day of the month
Pro tariff
the account is paid with an amount of $25 per month, always on the same day as the day of arrangement
the data traffic limit is calculated always on the same day as the day of arrangement
the account has a 50GB data limit for data traffic provided through the API
the account receives 10000 credits monthly on the day corresponding to the day of arrangement, credits are added to the current credit balance
Enterprise tariff
the account is paid with an amount of $99 per month, always on the same day as the day of arrangement
the data traffic limit is calculated always on the same day as the day of arrangement
the account has a 20GB data limit for data traffic provided through the API
the account receives 20000 credits monthly on the day corresponding to the day of arrangement, credits are added to the current credit balance
Custom tariff
the account is paid with a calculated amount at the arrangement, paid monthly, always on the same day as the day of arrangement
the data traffic limit is calculated always on the same day as the day of arrangement
the account has a limit according to the configuration at the arrangement for traffic provided through the API
the account receives a certain amount of credits monthly on the day corresponding to the day of arrangement, according to the configuration at the arrangement, credits are added to the current credit balance
The user declares that they are aware of the current price list of credits for individual services, published here: https://imagedit.io/cs/eshop/pricing. Price list changes do not affect the price of already purchased tariffs. In case of a change in price/limits on already purchased tariffs, the user will be informed at least 3 months in advance with the option to cancel the tariff.
Payment for the service is made and validated through the GoPay service.
Cancellation of the tariff is possible in the account administration. The current credit balance on the account remains. Limits remain until the expiration of the canceled tariff (the period for which the tariff was purchased). The tariff is canceled without any financial compensation for the unused period.
COMPLAINTS, HELPDESK
The operator provides technical support for users via the email address admin@imagedit.io. The deadline for processing requests is not set.
If the user is a consumer, the operator is obliged to settle the complaint of service malfunction without unnecessary delay, no later than 30 days from the receipt of the complaint by the user, unless agreed otherwise.
The user's rights from defective performance are governed mainly by § 1914 and following of Act No. 89/2012 Coll., the Civil Code.
If the user is a consumer, they have the right to withdraw from the contract within 14 days of its conclusion. The user, who is a consumer, expressly agrees to the provision of the service before the expiration of the 14-day withdrawal period and is aware that in case of withdrawal, only a proportional part of the price in the scope of the unused part of the agreed services will be returned. The consumer may withdraw from the contract by any unequivocal statement made to the operator.
The operator undertakes to make the service available to the user for the duration of the contractual relationship in the paid scope. The operator is entitled to limit or completely interrupt the service due to planned server outages. The operator informs users about planned server outages at least 48 hours in advance. The user acknowledges that the service or its functionalities may not be continuously available, for example, due to maintenance and development of the online tool. No financial or non-financial compensation is due for outages. The operator is not responsible for any service outage.
In the event of a service outage, the operator is obliged to make every effort to restore the availability of the service and minimize the duration of the service outage.
In case of service unavailability, compensation may be arranged with the user by increasing the account limits (applies to paid tariffs, users of the free tariff are not entitled to compensations).
The stability and functionality of the service can be monitored on the independently operated page status.imagedit.io.
The operator is not obliged to improve, change, or otherwise replace any part of the online tool or continue development or launch a new version.
The operator bears no responsibility for the result of using the service – the image processed by the user.
INTELLECTUAL PROPERTY RIGHTS, LICENSING AGREEMENT
The user acknowledges that the service as an online tool is protected according to § 65 and following of Act No. 121/2000 Coll., the Copyright Act, as amended.
The operator hereby grants the user a license, i.e., the authorization to exercise the right to use the service as an online tool, under the following conditions:
the license is granted as a non-exclusive license;
the temporal scope of the license: for the duration of the contractual relationship between the operator and the user within the scope of the tariff paid by the user
the territorial scope of the license: worldwide; users can access the service from anywhere without any territorial restrictions.
The user does not grant the operator a license to use the images processed in the operator's online tool, but acknowledges that the operator is authorized to view these images. The operator does not interfere with the processing of images, the service as an online tool processes user requests automatically. The service does not store images directly but distributes them to CDN (content delivery network), which allows for faster delivery of edited images to the user's browser.
The operator bears no responsibility for the content processed by the user, the user is solely responsible for this content – the processed image.
PROTECTION OF PERSONAL DATA
The user declares that they have become acquainted with the principles of personal data processing by the operator, available here: Privacy Policy. The operator hereby fulfills its information obligation towards the user in the sense of Article 13 of the Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR regulation") related to the processing of the user's personal data for the purposes of fulfilling the contract, for the purposes of negotiating the contract, and for the purposes of fulfilling public law obligations.
FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
The operator hereby informs the user, who is a consumer, that they have the right to submit a proposal to initiate out-of-court proceedings regarding a consumer dispute arising from the concluded contract, no later than 1 year from the day when they first exercised their right, which is the subject of the dispute, with the operator. The subject matter competent for the out-of-court resolution of consumer disputes from the contract concluded between the operator and the consumer is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: https://adr.coi.cz/cs. The dispute can also be resolved online via the designated ODR platform located at the internet address: http://ec.europa.eu/consumers/odr.
The rules set by the Czech Trade Inspection, which regulate the procedure for out-of-court resolution of consumer disputes, as well as the form for submitting a proposal, are available to consumers on the internet pages of the Czech Trade Inspection at the address: adr.coi.cz or www.coi.cz.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online resolution of consumer disputes).
FINAL PROVISIONS
Unless these terms and conditions stipulate otherwise, the rights and obligations of the parties are governed by the relevant provisions of generally binding regulations valid in the Czech Republic.
If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and the competent court is in the Czech Republic.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The operator may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
These terms and conditions become valid and effective on February 16, 2024. The current wording of the conditions is always available at www.imagedit.io.