These Terms of Service set out the terms and conditions upon which you may use the ImageOptim Service and any application or functionality made available through the ImageOptim Service. By subscribing to use the ImageOptim Service or by using the ImageOptim Service on a pay-per-use basis, you agree to and accept these Terms of Service.

Please read the Terms of Service carefully and make sure you understand and agree to them before using the ImageOptim Service. If you have any questions relating to the Terms of Service please contact ImageOptim at legal@imageoptim.com.

IF FOR ANY REASON YOU DO NOT ACCEPT THESE TERMS OF SERVICE YOU SHOULD NOT USE THE IMAGEOPTIM SERVICE.

1. INFORMATION ABOUT IMAGEOPTIM

   The ImageOptim Service is provided by ImageOptim Ltd. (“ImageOptim”), a company incorporated and registered in England and Wales under company number 10288649 whose registered office is at International House, 142 Cromwell Road, London, England, SW7 4EF. 

2. INTERPRETATION

   In these Terms of Service, except where the context requires otherwise, the following words and expressions have the meanings set out below:

   “Account” means the Client’s subscription account for the ImageOptim Service.

   “Agreement” means the agreement between the Client and ImageOptim comprising the Order and these Terms of Service for the provision of the ImageOptim Service.

   "API" means ImageOptim's application process interface permitting the Client to upload Client Data to the ImageOptim Service.

   “Client” means the person identified in the Order.

   “Client Data” means the image content and data transferred by the Client to ImageOptim when using the ImageOptim Service.

   “Commencement Date” means the date of commencement of the Client’s subscription to use the ImageOptim Service, as set out in the Order.

   “Confidential Information” means information which is identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary.

   “Fees” means the monthly subscription fee set out in the Order, or the fee payable for a single use of the ImageOptim Service, as appropriate.

   “ImageOptim Service” means the image compression software which ImageOptim makes available as a service through the Website.

   “Order” means an order for the use of or subscription to the ImageOptim Service which identifies the Client and sets out the Fees.

   “Subscription” means a monthly subscription for the use of the ImageOptim Service.

   “Terms of Service” means these terms and conditions of service as amended from time to time.

   “User” means any person authorised by the Client in an Order to access the ImageOptim Service on behalf of the Client.

   “Virus” mean any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

   “Website” means https://imageoptim.com, https://im2.io, https://img.gs, including HTTP API.

3. SUBSCRIPTION

   A Subscription shall start on the Commencement Date in the Order and continue for an initial period of 30 days and after that shall continue until terminated by either party on at least 30 days’ written notice.

4. ACCESS TO THE IMAGEOPTIM SERVICE

   4.1 ImageOptim grants the Client a non-exclusive, non-transferable, personal and non sub-licensable licence to permit Users to use the ImageOptim Service.

   4.2 The Client must treat any password to access the ImageOptim Service or the Client's Account as Confidential Information, and it must not disclose it to any third party (other than to Users).

   4.3 In relation to Users, the Client shall ensure that:

   1. the maximum number of Users that the Client authorises to access and use the ImageOptim Service does not exceed the number specified in the Order or otherwise agreed in writing by ImageOptim; and
   2. each User keeps secure and confidential any password provided for the User's use of the ImageOptim Service and shall not disclose such password to any third party including persons within the Client’s organisation, company or business.

   4.4 The Client may delete User accounts and authorise other users to access and use the ImageOptim Service provided that the number of Users permitted to access and use the ImageOptim Service does not exceed the maximum number of Users specified in the Order.

   4.5 ImageOptim may disable any username or password, at any time and at ImageOptim’s sole discretion, if a User or the Client has failed to comply with any of the provisions of the Agreement.

   4.6 The Client is responsible for maintaining the confidentiality of its password and any emails containing links to log in to the Client’s Account or to reset its password and any activities that occur under its Account, including the activities of Users. If the Client has any concerns about the login details for its Account or thinks they have been misused, please contact ImageOptim at legal@imageoptim.com.

   4.6 The Client is responsible for making all arrangements necessary for Users to have access to the ImageOptim Service. The Client is also responsible for ensuring that all Users are aware of the terms of the Agreement, and that they comply with them.

   4.7 The Client must prevent any unauthorised access to, or use of, the ImageOptim Service and, in the event of any such unauthorised access or use, promptly notify ImageOptim.

   4.8 The Client recognises that ImageOptim is continually updating and improving the ImageOptim Service and the Client therefore agrees that the ImageOptim Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the ImageOptim Service.

   4.9 The Client shall indemnify and defend ImageOptim, its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising out of a claim brought by a third party relating to the Client’s or any User’s use of the ImageOptim Service (except to the extent that such losses, damages etc. are caused by ImageOptim’s negligence).

   4.10 ImageOptim has the right to disable any Account, if in its opinion the Client or a User has failed to comply with any of the provisions of the Agreement.

5. CLIENT’S OBLIGATIONS

   5.1 ImageOptim permits the Client to send requests to the API (including updates to the API that ImageOptim may make available from time to time) for the sole purpose of permitting the Client to transfer Client Data to ImageOptim provided that any such requests are made using HTTP over a secure TLS connection (or such other secure means of connection as ImageOptim may advise from time to time).

   5.2 The Client shall access the ImageOptim Service in accordance with the reasonable directions given by ImageOptim from time to time and shall only use the most current version of the ImageOptim Service after any previous version has been upgraded, following notice from ImageOptim to do so.

   5.3 ImageOptim may monitor the Client’s use of the ImageOptim Service to ensure quality, improve the ImageOptim Service, and verify the Client's compliance with the Agreement.

   5.4 The Client:

   1. must comply with all applicable laws and regulations with respect to its use of the ImageOptim Service and its activities under the Agreement;
   2. must use the ImageOptim Service in accordance with the terms of the Agreement and shall be responsible for any actions and omissions in connection with the use of the ImageOptim Service by any Users;
   3. must obtain and shall maintain all necessary licences, consents, and permissions necessary for ImageOptim to perform its obligations to the Client under the terms of the Agreement;
   4. must ensure that its network and systems, including its internet browser used complies with the relevant specifications provided by ImageOptim from time to time;
   5. is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems in order to access and use the ImageOptim Service;
   6. must not (i) access, store, distribute or transmit any Virus through the ImageOptim Service; (ii) enable any distributed denial of service attack against ImageOptim or any other technologically harmful materials; (iii) use the ImageOptim Service to access, store, distribute or transmit any material that is unlawful, threatening, abusive, defamatory, hateful or inflammatory or which promotes violence or discrimination based on race, sex, nationality, sexual orientation or age; (iv) use the ImageOptim Service in a manner that is illegal or causes damage or injury to any person or property or infringes another person’s intellectual property; or (v) attempt to interfere with or compromise the ImageOptim Service integrity or security. ImageOptim reserves the right, without liability or prejudice to its other rights under the Agreement, to disable the Client’s Account for breaches of the provisions of this clause 5.4(f).

6. INTELLECTUAL PROPERTY RIGHTS

   6.1 ImageOptim is the owner of or the licensee of all intellectual property rights in the ImageOptim Service. These works are protected by copyright and other laws and treaties around the world. All such rights are reserved.

   6.2 The Client will not, when using the ImageOptim Service:

   1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the ImageOptim Service in any form or media or by any means; or

   2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the ImageOptim Service; or

   3. access all or any part of the ImageOptim Service in order to build a product or service which competes with the ImageOptim Service or use or attempt to use the ImageOptim Service to directly compete with ImageOptim.

   6.3 The Client acknowledges that, in order to improve the speed and reliability of the ImageOptim Service, images forming part of the Client Data will be temporarily cached by the ImageOptim Service on ImageOptim’s own servers and on the servers of the content delivery networks utilised by ImageOptim. The Client grants ImageOptim a licence to access such images for the purpose of analysing the Client Data in circumstances where the Client’s image has failed to compress properly and ImageOptim needs to examine the reason for such failure. Subject to this clause, ImageOptim claims no rights in the Client Data. 

   6.4 The Client shall maintain a backup of Client Data and ImageOptim shall not be responsible or liable for any deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any Client Data.

7. RESPONSIBLE DISCLOSURE POLICY

   ImageOptim is committed to ensuring the privacy and safety of its Users. Any User who discovers a security vulnerability on the ImageOptim Service is requested to disclose the issue to ImageOptim in accordance with the Responsible Disclosure Policy.

8. PUBLICITY

   8.1 ImageOptim may use the Client’s name and logo in any of ImageOptim’s publicity or marketing materials (whether in printed or electronic form) for the purpose of highlighting that the Client uses the ImageOptim Service and alongside any testimonials that the Client has agreed to give. The Client grants ImageOptim such rights as are necessary to use its name, logo and testimonial for the purpose of this clause 8.1.

   8.2 The Client agrees to provide feedback to ImageOptim in relation to its use of the ImageOptim Service if requested to do so, in the form of a written survey or questionnaire. The Client is under no obligation to respond to any question put to it by ImageOptim during ImageOptim’s collection of feedback.

9. DATA PROTECTION

   9.1 ImageOptim does not claim ownership in the Client Data.

   9.2 If ImageOptim processes any Personal Data as a result of hosting the Client Data or as a result of the Client’s use of the ImageOptim Service, the Client agrees that ImageOptim does so as Data Processor and that the Client is the Data Controller in relation to such Personal Data.

   9.3 ImageOptim and the Client agree that, in relation to such Personal Data:

   1. ImageOptim will process the Personal Data only in accordance with the terms of the Agreement and any lawful written instructions reasonably given to ImageOptim by the Client from time to time; and

   2. ImageOptim will both have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

   9.4 For the purposes of this clause 9, the terms “Personal Data”, “Data Processor” and “Data Controller” shall have the same meaning as set out in the Data Protection Act 1998.

10. CONFIDENTIAL INFORMATION

    10.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under these terms and conditions. A party's Confidential Information shall not be deemed to include information that:

    1. is or becomes publicly known other than through any act or omission of the receiving party;

    2. was in the other party's lawful possession before the disclosure;

    3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

    4. is independently developed by the receiving party, which independent development can be shown by written evidence; or

    5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body. 

    10.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available for use for any purpose other than as needed to perform the terms of the Agreement.

    10.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement.

    10.4 Each party shall take a back-up of its own Confidential Information and shall not be responsible to the other for any loss, destruction, alteration or disclosure of Confidential Information

11. PRICE AND PAYMENT

    11.1 The Client will pay the Fees which in advance in accordance with the Order.

    11.2 Unless alternative payment is agreed in the Order, the Client will provide to ImageOptim valid, up-to-date and complete credit or debit card details and it hereby authorises ImageOptim to bill such credit or debit card for the Fees in accordance with the Order.

    11.3 If ImageOptim has not received payment within 14 days after the due date, and without prejudice to any other rights and remedies available to ImageOptim:

    1. ImageOptim may, without liability to the Client, suspend or temporarily disable all or part of its access to the ImageOptim Service and ImageOptim shall be under no obligation to provide any access to the ImageOptim Service, or continue to provide the Consultancy Servies, while the invoice(s) concerned remain unpaid; and

    2. interest shall accrue on such due amounts at an annual rate equal to 3% over the then current base lending rate of Barclays Bank PLC at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.

    11.4 All Fees stated in an Order:

    1. are payable in the currency specified in the Order or otherwise stipulated by ImageOptim; and

    2. are exclusive of value added tax (“VAT”) unless otherwise expressly stated which shall be paid at the same time as payment of the Fees. ImageOptim shall send the Client a VAT invoice if ImageOptim is requested to do so.

    11.5 Unless otherwise agreed in writing, ImageOptim may increase the Fees upon 30 days’ notice in writing to the Client, such increase to take effect from the expiry of such notice. If the Client is unhappy with the increase, the Client may terminate the Agreement on of 30 days’ written notice. During the notice period the Fees will not increase.

12. AVAILABILITY AND SUPPORT

    12.1 ImageOptim will use commercially reasonable endeavours to make the ImageOptim Service available with an uptime rate of 99%, except for:

    1. planned maintenance for which 24 hours’ notice will be given; or

    2. unscheduled maintenance during normal business hours (UK time) or otherwise, for which ImageOptim will use reasonable endeavours to give the Client advance notice.

    12.2 Where the Client has paid for access to the ImageOptim Service, ImageOptim will, as part of the ImageOptim Service, use reasonable endeavours to provide a level of support that is appropriate to the nature of any issues requiring support during normal business hours (UK time). 

    12.3 The Client acknowledges that the ImageOptim Service is dependent on access to various third party data sources (including the Client Data). The Client agrees that ImageOptim are not responsible for the non-availability or interruption to the ImageOptim Service caused by any such non availability of any such third party data source.

13. SUSPENSION AND TERMINATION

    13.1 If the Client fails to pay any sum due to ImageOptim and such sum remains outstanding for a further seven days following notice requiring such sum to be paid ImageOptim may terminate the Agreement with the Client immediately by notice and without any liability for ImageOptim to the Client.

    13.2 Either party may terminate the Agreement upon 30 days notice in writing.

    13.3 ImageOptim may terminate the Agreement by notice with immediate effect, or such notice as ImageOptim may elect to give, if the Client:

    1. is in breach of applicable law; or

    2. infringes ImageOptim’s intellectual property rights in the ImageOptim Service.

    13.4 Either party may terminate the Agreement at any time on written notice to the other if the other:

    1. is in material or persistent breach of any of the terms of the Agreement and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or

    2. is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

    13.5 On termination of the Agreement for any reason all licences granted under the Agreement shall immediately terminate and the Client’s right to access and use the ImageOptim Service will end.

    13.6 The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

14. LIMITED WARRANTY

    14.1 ImageOptim undertakes to make the ImageOptim Service available as specified in clause 12.1. Otherwise, the ImageOptim Service is provided on an “as is” basis and ImageOptim gives no representations, warranties, conditions or other terms of any kind in respect of the ImageOptim Service, whether express or implied, including, but not limited to, warranties of satisfactory quality, merchantability fitness for a particular purpose or non-infringement.

    14.2 All warranties, representations, conditions and other terms which are implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

    14.3 Except as expressly and specifically provided for in the Agreement:

    1. the Client assumes sole responsibility for (i) installation and integration of the ImageOptim Service with its IT systems including but not limited to the Client's hardware, software, websites and apps; and (2) any results obtained from the use of the ImageOptim Service and it relies on the results obtained from the ImageOptim Service at its own risk;

    2. all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement; and

    3. ImageOptim will not be responsible for any interruptions, delays, failures or non-availability affecting the ImageOptim Service or the performance of the ImageOptim Service which are caused by third party services or errors or bugs in software, hardware or the internet on which ImageOptim relies to provide the ImageOptim Service and the Client acknowledges that ImageOptim does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.

15. IMAGEOPTIM’S LIABILITY

    15.1 Subject to clause 15.2 ImageOptim will not be liable for loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; waste of management time; or any indirect, consequential or special damages, costs or expenses resulting from ImageOptim’s failure to comply with the Agreement, whether arising in contract or tort or otherwise.

    15.2 Nothing in the Agreement excludes or limits ImageOptim’s liability for death or personal injury caused by ImageOptim’s negligence or for fraud or fraudulent misrepresentation.

    15.3 ImageOptim’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Agreement shall in all circumstances be limited to the Fees paid by the Client in the 6 months prior to the event giving rise to the claim.

16. WRITTEN COMMUNICATIONS

    When using the ImageOptim Service, the Client accepts that communication with ImageOptim will be mainly electronic. ImageOptim will contact the Client by e-mail or provide the Client with information by posting notices on the ImageOptim Service. The Client agrees to this electronic means of communication and the Client acknowledges that all contracts, notices, information and other communications that ImageOptim provides to the Client electronically comply with any legal requirement that such communications be in writing.

17. NOTICES

    All notices given by the Client to ImageOptim must be sent to legal@imageoptim.com. ImageOptim may give notice to the Client at either the e-mail or postal address the Client provides to ImageOptim, or any other way ImageOptim deems appropriate. Notice will be deemed received and properly served immediately when posted on the ImageOptim Service or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

    The Client may not transfer, assign, charge or otherwise deal in the Agreement, or any of the Client’s rights or obligations arising under the Agreement, without ImageOptim’s prior written consent.

19. EVENTS OUTSIDE IMAGEOPTIM’S CONTROL

    No party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, internet failure, act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the Client from any payment obligations under the Agreement.

20. WAIVER

    No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

21. SEVERABILITY

    If any provision of the Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

22. IMAGEOPTIM’S RIGHT TO VARY THE TERMS OF SERVICE

    22.1 ImageOptim has the right to revise and amend these Terms of Service from time to time to reflect changes in market conditions affecting ImageOptim’s business.

    22.2 The Client will be subject to these Terms of Service in force at the time that it makes use of the ImageOptim Service, or if ImageOptim notifies the Client of changes to these Terms of Service and it continues to use the ImageOptim Service the Client will be subject to those changes.

    22.3 ImageOptim will use reasonable endeavours to notify the Client of any material changes to the Terms of Service by email or by the placement of a notice on the ImageOptim Service.

23. THIRD PARTY RIGHTS

    A person who is not party to the Agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24. LAW AND JURISDICTION

    The Agreement shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.

PRIVACY POLICY

ImageOptim Ltd. ("we," “us” or “our”) is committed to protecting and respecting your privacy. This Privacy Policy sets out how we collect, use and share information which identifies you or is associated with you ("personal information").

Please read this Privacy Policy carefully to understand our views and practices regarding your personal information and how we will treat it. By setting up an account with us or using and accessing the image compression service provided by us (the “ImageOptim Service”), you consent to the use of your personal information as described in this Privacy Policy.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is ImageOptim Ltd. registered in England and Wales under company number 10288649 whose registered office is at International House, 142 Cromwell Road, London, England, SW7 4EF. 

Please be aware that we use cookies to store and access information whilst providing the ImageOptim Service.

If you access the ImageOptim Service via the https://img.gs domain you should also be aware that the CloudFlare security policy [https://www.cloudflare.com/security-policy] applies to the use of that domain and you are therefore requested to read that security policy carefully in order to understand how it applies to your personal information and data. 

1. INFORMATION WE MAY COLLECT.

   We collect categories of information set out in paragraphs (a) and (b) below:

   1. Information we collect directly from you:

      We collect information from you when you voluntarily submit information to us or the ImageOptim Service. The following are examples of when we may collect information directly from you:

      • When you fill in and submit forms on the ImageOptim Service, including forms submitted at the time of registering to use our website, subscribing to our service, posting material, reporting a problem with the ImageOptim Service or requesting further information from us. 
      • When you contact us via online submission, telephone, electronic mail or regular mail, we may keep a record of that correspondence. 
      • When you to complete surveys via the ImageOptim Service. 
      • When you engage in transactions through the ImageOptim Service and submit information for the fulfilment of your orders. 
      • When you post comments to us on the ImageOptim Service or third party website where we have a profile or presence. 

      Examples of information we collect may include: name, address, telephone number, email address, financial information such as payment details and your transactional history with us, comments, opinions and correspondence you share with us.

   2. Information about how you use the ImageOptim Service

      We collect data about how you use the ImageOptim Service such as the pages and links you access, searches you make, the time you access the ImageOptim Service and duration you are on it, the site you come to the ImageOptim Service from or go to after leaving the ImageOptim Service, selections and choices you make and preferences that you set when using the ImageOptim Service.

   3. Information about how you connect to the ImageOptim Service

      We collect data about the computer or other electronic device (“device”) you use to connect to the ImageOptim Service such as details about the type of device (which can include unique device identifying numbers), its operating system, browser and applications connected to the ImageOptim Service through the device, your Internet service provider or mobile network, your IP address.

   4. Information about your actual location

      We do not collect information about your actual location, other than an approximate location (usually no more precise than city level) which can be determined from your IP address. In certain instances we may use cookies and similar technologies to store and access information we collect through the ImageOptim Service.

2. WHERE WE STORE YOUR PERSONAL DATA

   2.1 The information we collect directly from you, about how you use the ImageOptim Service and about how you connect to Service may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who works for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By using the ImageOptim Service you consent to any transfer, storage or processing of your personal information outside of your country. We will take all steps reasonably necessary to ensure that personal information is treated securely and in accordance with this Privacy Policy.

   2.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using TLS technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the ImageOptim Service, you are solely responsible for keeping this password confidential. If the password has been stolen or might otherwise be subject to misuse, it is your responsibility to notify us immediately for further action.

   2.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us via email; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

3. USES MADE OF THE INFORMATION WE COLLECT

   We use the information we collect in order to:

   1. manage your account and provide you with the features of the ImageOptim Service, validate and keep your personal information accurate and handle orders and process payments. We will use information we collect directly from you for this purpose. 
   2. ensure that content from the ImageOptim Service is presented in the most effective manner for you and for your device and to display content and features that are tailored to you, your interests and how you use the ImageOptim Service. We will use information we collect directly from you, information about how you use the ImageOptim Service and information about how you connect to the ImageOptim Service for this purpose. 
   3. provide you with information about products or services that you request from us or which we feel may interest you (in accordance with your marketing preferences). We will use information we collect directly from you for this purpose. 
   4. determine and predict information that may be of interest or relevant to you. We will use information we collect directly from you, information about how you use the ImageOptim Service and information about how you connect to the ImageOptim Service for this purpose. 
   5. carry out our obligations arising from any agreements entered into between you and us. We will use information we collect directly from you, information about how you use the ImageOptim Service and information about how you connect to the ImageOptim Service for this purpose. 
   6. notify you about changes to the ImageOptim Service and address complaints, comments and issues you have in relation to your use of the ImageOptim Service. We will use information we collect directly from you for this purpose. 
   7. prevent, detect and investigate illegal activities, breaches of any agreements entered into between you and us and threats to the security of the ImageOptim Service. We will use information we collect directly from you, information about how you use the ImageOptim Service and information about how you connect to the ImageOptim Service for this purpose. 
   8. produce aggregate statistical information and analytics about users of the ImageOptim Service from which individuals cannot be identified. 

4. DISCLOSURE OF PERSONAL INFORMATION

   We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries and the employees, agents, officers, directors and contractors of the foregoing entities. These companies will only use your personal information in the same way as we can under this Privacy Policy.

   We may disclose your personal information to third parties:

   1. who provide a service to us, in which case such third parties will only be allowed to use your personal information in accordance with our instructions and will be required to keep your information secure; 
   2. in the event that we sell or buy or transfer any business or assets (in part or whole), in which case we may disclose your personal information to the prospective seller, buyer or recipient of such business or assets; 
   3. in order to respond to a court order or other legal duty or obligation (including without limitations requests or demands from law enforcement and government authorities and regulators); 
   4. in order to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the physical safety of any person or to prevent financial loss to any person or entity, including ImageOptim Ltd., its customers, clients, and other parties; 
   5. in order to enforce or apply any agreement we have with you; and 
   6. business partners who offer a service to you jointly with us. 

5. YOUR MARKETING RIGHTS

   1. You have the right to ask us not to process the personal information for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at legal@imageoptim.com
   2. The ImageOptim Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6. ACCESS TO INFORMATION

   The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

7. CHANGES TO OUR PRIVACY POLICY

   1. Any changes we may make to our privacy policy in the future will be posted on this page.
   2. We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If we make any changes to this Privacy Policy, the changes will be updated on this Privacy Policy page. We will also make reasonable endeavours to notify you via email or on your account page of any changes other than minor ones. Please note, depending on your particular interaction with us, that different portions of this Privacy Policy may apply to you at different times.

8. CONTACT

   Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to legal@imageoptim.com.

Terms Of Use

This page tells you about the terms and conditions (Terms of Use) on which you may use the publicly available areas of our website https://imageoptim.com, https://im2.io and https://img.gs (the Website). Please read these Terms of Use carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them.

1. Information about us

   The Website operated by ImageOptim Ltd. (“we”, “our”, “us”). We are registered in England and Wales under company number 10288649 whose registered office is at International House, 142 Cromwell Road, London, England, SW7 4EF. 

2. Using the imageOptim Service

   The use of the ImageOptim Service is governed by our Terms of Service https://imageoptim.com/terms.

3. Your information

   When contacting us through the Website, you may provide certain personal information. We process information about you in accordance with our Privacy Policy https://imageoptim.com/privacy.

4. Disclaimer and liability

   4.1 We have taken every care in the preparation of the content of the Website. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the content on the Website we will attempt to correct this as soon as we reasonably can.

   4.2 To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with the Website, any website linked to it and any materials posted on it.

5. Intellectual property

   5.1 We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on the Website and in the material published on it. You may use these rights and the material solely in accordance with these Terms of Use.

   5.2 You may copy and use the technical documentation which is made available on the Website including, for example, the documentation containing code examples. You are also entitled to use such materials as are specifically expressed to be exempt from the restrictions on use set out in these Terms of Use.

   5.3 The restrictions set out in this paragraph do not apply to any material which is open-source (https://github/ImageOptim/website) which may in each case be copied subject to the terms of its own licence. 

   5.4 Subject to paragraphs 5.2 and 5.3, you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on the Website in any way except for your own personal/ internal, non-commercial use.

   5.5 If If you wish to make any use of any material on the Website other than that expressly permitted above, please address your request to legal@imageoptim.com.

6. Linking to the Website

   6.1 You may link to our home page and to its publicly-accessible sub-pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

   6.2 The Website must not be framed (i.e. displayed on another site within a frame or window) on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice.

   6.3 We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.

7. Severability

   If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

8. Jurisdiction and applicable law

   The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.