Terms of Use.

Updated on April 7th, 2021

Welcome to NitroPack!

As used in these Terms of Use, "NitroPack", "us" or "we" refers to NitroPack Ltd., located at 3 Prof. Georgi Bradistilov, entr. A, 3rd floor, Sofia, Bulgaria.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

These terms of use (“Terms”), along with NitroPack's Privacy Policy, govern your use of the NitroPack Services. For the purposes of these Terms, the terms “Services”, "NitroPack Services" or "Service" refer to the NitroPack website, nitropack.io ("Website"), including all services that NitroPack operates and that link to these Terms. "Free Plan" refers to the free of charge subscription plan found on the Website pricing page. "Paid Plan" refers to any paid subscription that was purchased on the Website. If you do not agree to these Terms, you should not access or use our Services.

1. Eligibility

By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Services and (iii) that your use of the Services is in compliance with any and all applicable laws and regulations.

2. No Warranties and Disclaimers

THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NITROPACK ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE SERVICES. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE NITROPACK ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. Your Content

NitroPack may process, modify and host the content of your website in order to provide you with website performance optimizations. By using our service you are granting NitroPack a right to host, optimize, transfer, display, perform, reproduce, modify, and distribute your Content to your own audience, in whole or in part, in any media formats (now known or hereafter developed that NitroPack requires in order to perform its optimization service). You retain ownership of your own Content, however, any use of your Content by NitroPack for the goals of providing our optimization service may be without any compensation paid to you. By using our service you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.; (iii) include or promote adult content, counterfeit goods, gambling, or other restricted business - websites with such content may be removed without notice and may be denied access to the service.

4. Governing Law

This Agreement will be governed by the laws of Bulgaria without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NitroPack agree to submit to the personal and exclusive jurisdiction of the courts located within Sofia, Bulgaria for the purpose of litigating all such disputes.

5. Termination

If you no longer wish to have a registered account, you may terminate your account by sending an email to dataofficer@nitropack.io. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using NitroPack. Continued use of the NitroPack indicates your continued acceptance of these terms and conditions. If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of NitroPack. immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

6. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless NitroPack and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

7. Changes to this Agreement

NitroPack reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Services.

8. Limitation of Liability

IN NO EVENT WILL THE NITROPACK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NITROPACK HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Privacy Policy and Data Protection

When using our Services, two types of personal data may be processed - 1. in respect of the personal data of our Clients and visitors we act as data controllers; and 2. personal data collected from the Client's website and his end users, for which the Client shall be the controller of personal data.

Our privacy policy explains how we (in the capacity as a controller) treat your personal data and protect your privacy when you visit our website or subscribe for our Services. When using our Services, you can entrust us with the processing of personal data that you are the controller of.

10. Uptime

We provide 99.9% uptime of our service per year during which it is expected to be operational. The 0.1% downtime equals to 8 hours, 45 minutes and 36 seconds per year. This may be planned or unplanned time when the service is expected to be non-operational.

11. Acceptable use

In cases of unacceptable or malicious actions, access to the service may be terminated immediately, and without prior notice. In the event of one-sided termination on our part, no payments will be eligible for refund and no affiliate commission will be eligible for payment.

11.1. Subscription limits

Our service is aimed at optimizing website content. The service includes, but is not limited to, resources that subscribers use within the subscription plan limits, like server disk storage, page optimizations, CDN bandwidth, number of websites, support service and more. NitroPack preserves the right, at any time, to stop providing the service AND/OR overcharge customers in cases where the limits defined in the subscription plan have been passed. Excessive resource usage cases may be subject to pricing re-negotiation, or termination in case an agreement can't be made.

11.2. Free Plan promotional banner

Clients using the Free Plan agree that the Service will place a NitroPack promotional banner on optimized copies of the Client web pages. If the Client subscribes their website to any Paid Plan, newly optimized pages will no longer contain the promotional banner. To force the removal of the banner from any existing optimized pages after the purchase of a Paid Plan, we advise the Client to do a full purge of the NitroPack cache.

If Clients using the Free Plan are found to remove the promotional banner without subscribing the Client website to a Paid Plan, NitroPack shall consider this unfair usage of the service. In such a scenario, NitroPack preserves the right, at any time, to do a one-sided termination of the Service without prior notice.

11.3. White labeling

White labeling is not acceptable. Exceptions to this term can only be granted in writing.

11.4. Reselling of NitroPack Free Plans

It is not acceptable to resell NitroPack Free Plans without prior written permission by NitroPack.

11.5. Communications

It is not acceptable to use abusive language and/or profanity in communication with NitroPack employees.

12. Payments

Payments that occur via NitroPack and/or the platforms Magento, WordPress, OpenCart, WooCommerce, Sitefinity, PrestaShop are handled via FastSpring, an authorized reseller. Purchases are made in the currency that corresponds to the Client's billing country. Depending on the billing country, additional taxes may apply. Any plan that you purchase via us will automatically renew unless you cancel your plan.

13. Support

NitroPack offers support via tickets and email. Paid Plan users receive priority support. Response times may vary. Support working hours are Monday through Friday 10am - 7pm EEST.

Support is offered only through proprietary official channels. For support, please refer to our help center: https://support.nitropack.io/hc