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TERMS & CONDITIONS

Last Updated: 10/28/2025

These Terms & Conditions ("Terms", "Agreement") govern your use of the Smart Png website located at https://www.smartpng.com/ (the "Service") operated by Smart Png Ltd ("we", "us", or "our"), a company registered in the United Kingdom at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

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

1. Use of Service

1.1 Eligibility

You must be at least 13 years of age to use our Service. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1.2 Account Creation

You may be required to create an account to access certain features of our Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep this information updated.

1.3 Service Description

Smart Png provides image processing and management services, including both free and paid tiers. Free users are subject to the following limits, which may change at our discretion without guarantee:

  • Maximum 5MB per uploaded image
  • Daily limit of 10 image uploads

1.4 Acceptable Use

You agree not to:

  • Upload or transmit any content that contains adult material, gambling, betting, or weapons-related content
  • Violate any third party's intellectual property rights, including but not limited to copyright, patent, trademark, or trade secret rights
  • Upload or transmit viruses, worms, malware, Trojan horses, or other harmful or destructive content
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service
  • Upload content or engage in activities that violate any applicable laws or regulations
  • Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable federal, state, local, or international law

2. User Content

2.1 Content Ownership

You retain all rights to content you upload to our Service. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, and display such content solely for the purpose of providing and improving our Service and for internal marketing purposes within Smart Png.

2.2 Content Responsibility

You are solely responsible for all content you upload, post, or otherwise transmit via the Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all content you submit.

2.3 Content Removal

We reserve the right, but not the obligation, to reject or remove any content that violates these Terms at our sole discretion. We may terminate any subscription and restrict or deny access to our Service to any person or entity that violates these Terms.

2.4 Feedback and Suggestions

Any feedback, comments, or suggestions you provide regarding our Service shall become our exclusive property. We shall be free to use, disclose, reproduce, license, and otherwise distribute and exploit such feedback without compensation or attribution to you.

3. Intellectual Property and DMCA

3.1 Our Intellectual Property

Our Service and its original content (excluding user-generated content), features, functionality, logos, visual design, and trademarks are and will remain the exclusive property of Smart Png Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom, United States, and other countries. Our trademarks and trade dress may not be used without our prior written consent.

3.2 DMCA Notice and Takedown Procedure

We respect the intellectual property rights of others. If you believe that any content on our Service infringes your copyright, please send a DMCA notice to our designated agent at [email protected] with the following information:

  • A physical or electronic signature of the copyright owner or authorized person
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the material that is claimed to be infringing
  • Your contact information
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

3.3 Counter-Notice

If you believe your content was wrongly removed, you may submit a counter-notice to [email protected] with appropriate documentation.

4. Payment Terms

4.1 Pricing

We offer both one-time payments and subscription services. Prices may be displayed in various currencies at our discretion, with USD as the default currency. We reserve the right to modify our pricing, add or remove currency options, introduce new pricing plans, or discontinue existing plans at any time without prior notice. For existing subscriptions, any price increases will take effect upon the next renewal period following the change. New purchases and renewals will be charged at the then-current rates displayed on our website at the time of transaction. Currency conversion, where applicable, will be handled by our payment processor using current exchange rates.

4.2 Payment Processing

Payment processing is handled by Stripe, a third-party payment processor. By providing payment information, you agree to Stripe's terms of service and privacy policy. All payments are non-refundable unless otherwise stated or required by law.

4.3 Taxes

Prices do not include applicable sales taxes, VAT, or other governmental charges. You are responsible for all applicable taxes, and we will charge tax when required to do so.

4.4 Refunds

Refund policies, if any, will be specified at the point of purchase. EU consumers may have additional rights under EU consumer protection laws.

5. Data Processing and International Transfers

5.1 Data Storage Location

Your data, including personal information and uploaded content, is primarily stored and processed on servers located in the United States. We utilize various cloud service providers including but not limited to Microsoft Azure and Supabase. We select server locations based on performance, security, regulatory requirements or service improvement needs to provide you with optimal service quality.

5.2 Legal Framework for International Transfers

We reserve the right to store and process data in the United States and/or European Union countries based on operational requirements, performance optimization, legal compliance, or service improvement needs. Such decisions may be made at our sole discretion without prior notice, though we will maintain appropriate security measures regardless of location. By using our Service, you acknowledge and agree that your data may be transferred to and processed in the United States. We ensure such transfers comply with applicable data protection laws through:

  • Implementation of appropriate safeguards under UK GDPR and EU GDPR Article 46
  • Reliance on EU-US and UK-US Data Privacy Framework certifications where applicable
  • Execution of Standard Contractual Clauses (SCCs) with our data processors
  • Implementation of supplementary measures where required

5.3 Data Protection Agreements

We maintain Data Processing Agreements (DPAs) with all our third-party service providers that process personal data on our behalf, ensuring they comply with GDPR requirements.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMART PNG LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMART PNG LTD, 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 USE OR INABILITY TO USE THE SERVICE.

WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT SHALL SMART PNG LTD’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SITE (OR ANY PART THEREOF) AND/OR THESE TERMS, EXCEED 50.00 USD.

8. Indemnification

You agree to defend, indemnify, and hold harmless Smart Png Ltd and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (i) your violation of these Terms; (ii) your violation of any third party's rights; (iii) your use or misuse of the Service; or (iv) content you post or upload to the Service.

9. Dispute Resolution

9.1 Informal Resolution

We prefer to address your concerns without a formal legal case. Before filing a claim against Smart Png Ltd, you agree to try to resolve the dispute informally by contacting us at [email protected].

9.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.3 Arbitration Agreement (US Users Only)

If you are a US resident, any dispute arising from or relating to these Terms or the Service shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, unless we agree otherwise. Each party will bear their own costs. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.

9.4 Class Action Waiver (US Users Only)

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. Continued use of our Service after changes become effective constitutes acceptance of the revised terms.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. Contact Information

For questions about these Terms & Conditions, please contact us at: [email protected]

Smart Png Ltd
71-75 Shelton Street
Covent Garden, London
United Kingdom, WC2H 9JQ