Terms of Use
The following terms and conditions (the “Agreement”) govern the use of the SmartPNG website and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by SmartPNG. The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between SmartPNG and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
Submitted content
You retain the rights to content you submit to the Service. You grant SmartPNG and its service providers the right to store, process, and modify your content as necessary to provide and improve the Service. Submitted content may be used to enhance the quality, functionality, and efficiency of the Service.
Limits
You acknowledge and agree that SmartPNG imposes a limit on the size and the number of requests you may send to the Service. SmartPNG may change such limits at any time, at SmartPNG’s sole discretion.
Payments
By purchasing a product you agree to pay SmartPNG the listed price. Payments will be charged immediately after purchase.
By purchasing a paid subscription you agree to pay SmartPNG the applicable fees for your usage of the Service. Subscriptions will either have a flexible price or a fixed price. For flexible price subscriptions you will be billed monthly for the fees calculated over the previous calendar month. For fixed price subscriptions you will be billed at the beginning of the subscription period. The subscription period will either be a month or a year depending on your subscription.
You authorize SmartPNG to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.
Listed prices are in U.S. dollars (USD) and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
Renewals
Subscriptions will be renewed automatically at the end of the subscription period. Renewals will be based on the listed prices at the moment of renewal. You may cancel the automatic renewal at any one time. Your account will then be downgraded to the free service at the end of the current subscription period. For yearly subscriptions we strive to inform customers by mail of upcoming renewals.
Ownership
When subscribing to the Service SmartPNG grants you a non-exclusive, non-transferable, non-sublicensable license during your subscription period to use the Service.
Intellectual property
SmartPNG respects the intellectual property rights of others. SmartPNG asks you to respect the intellectual property rights of SmartPNG. All rights, title and interest in and to such property will remain solely with SmartPNG.
Responsibility
You represent and warrant that:
- your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- you will not use the Service in any manner that may disable, damage or overburden it;
- your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
- content related to adult material, gambling, betting, and weapons is strictly prohibited and must not be uploaded to the Service.
Privacy
At SmartPNG we take your privacy seriously. Only a minimum of personal information is collected and used in order to administer your account and to provide you the requested products and services. Privacy, protection and data security are at the very heart of everything we do. SmartPNG is GDPR ready and compliant.
If you would like to review, correct, or update your personal data, you may do so by signing in to your account dashboard or by contacting SmartPNG support representatives. SmartPNG only processes personal data that is required to provide the Service to you. You have the right to data portability, right to access and right to be forgotten. Personal data stored in your account will be deleted upon request.
If you have privacy related inquiries please contact SmartPNG by email.
Data processing operations
Images uploaded to the Service are stored and processed to optimize their quality and performance. Requests to the Service can be logged in order to understand how the Service is used and to avoid misuse. A log entry contains information such as browser type, IP address, any API key, date, time, and fingerprint of the transferred file.
The username and email address you provide to sign up or make a purchase are stored in your account. This may include a VAT number for companies from within the EU. All purchases and invoices are recorded in your account.
Payments are handled by SmartPNG's payment providers. Personal data regarding a payment is stored only with the payment provider and if needed can be processed and stored outside of Europe and the US. For PayPal purchases SmartPNG stores the purchase transaction number. PayPal shares your name, physical address and email address with SmartPNG.
Service providers
SmartPNG uses data processors from the EU, US and Australia in order to provide the Service. This section explains how data is processed. Submitted content will only be shared with these service providers unless required otherwise to comply with the law or requests of governmental entities.
Google LLC, California, USA - SmartPNG uses Google Cloud Platform for website hosting, information technology and infrastructure services. Your personal data and purchase information is stored with Google. SmartPNG has a data processor contract with Google for processing of personal data and Google has certified to the EU-US Privacy Shield.
Stripe Payments Europe, Ltd, Dublin, Ireland - Credit card payments are processed by Stripe. Tokenised payment information is used to securely process payments. Card number, expiry date and CVC cardholder information is stored only on the servers of Stripe. For payment purposes Stripe may disclose data to banks and credit card networks. Stripe has certified to the EU-US Privacy Shield.
European Commission, Brussels, Belgium - Company VAT numbers are processed with the European VAT Information Exchange System (VIES) in order to confirm the validity of the VAT identification number. SmartPNG needs to ensure that company VAT numbers are correctly identified for EU cross-border supply of products and services. SmartPNG will store the registered company name, physical address and country belonging to a valid VAT number.
Mailgun Technologies Inc, San Francisco, US - Email communication is processed by Mailgun. Messages are stored for up to 72 hours. The metadata of a message, which includes username, email address, subject line and routing data is maintained for 30 days for troubleshooting and delivery issues. Email addresses are stored on a suppression list when they hard bounce or cannot be delivered to.
Groove Networks LLC, Newport, US - Customer service activities are handled through Groove. Email and Twitter messages send to SmartPNG are combined with your username, purchase information and email address. This information is handled by SmartPNG's support representatives working with Groove.
Campaign Monitor Pty Ltd, Sydney, Australia - Campaign Monitor is used in the event of important communication relating to the Service and to contact customers about major product updates. Your name, purchases and email address are stored for email delivery with Campaign Monitor.
WideAngle Analytics, Berlin, Germany - Wideangle is a privacy friendly analytics platform that collects anonymized usage of the website, like page views and user interactions, to enhance the service.
Google Analytics, California, USA - Google Analytics is used to collect anonymized usage data, such as page views and interactions, to analyze and improve the service. This data is processed in compliance with Google's privacy policies.
Usercentrics (Cookiebot), Munich, Germany - Cookiebot by Usercentrics is used for managing and controlling cookies on the website. This tool ensures that users can consent to cookies in compliance with privacy regulations such as GDPR and CCPA.
Disclaimer of warranties
The Service is provided “as is”. SmartPNG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmartPNG nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
Limitation of liability
In no event will SmartPNG, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SmartPNG under this Agreement during the twelve (12) month period prior to the cause of action. SmartPNG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless SmartPNG, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Changes
SmartPNG reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of SmartPNG, or by the posting by SmartPNG of a revised version.
Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of the Turkiye, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Ankara, the Turkiye. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Entire agreement
This Agreement constitutes the entire agreement between SmartPNG and you concerning the subject matter hereof.