Terms of Service
Last Updated: August 11th, 2015
- "We", "Us", and "Our" means Dispatches LLP trading as "dimens.io".
- "Services" means all services provided by Us, including image processing, websites, blogs, email newsletters and APIs.
- "You" and "Your" means any user of the Services.
- "Images" means the input images You make available to the Services and the output images generated by the Services.
- "Plan" means the level and features of Services made available to You.
- "Quota" means the number of input images You can process in a given duration.
- "Subscription" means the recurring fee You must pay for a Plan.
- "Trial Period" means the duration at the start of a Subscription for which no fee is due.
- "Payment Provider" means the third party companies that we use to collect payment from You.
These Terms of Service are governed by the laws of England and Wales
- These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales.
- Any dispute arising under these Terms of Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights.
- If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.
- These Terms constitute the entire agreement between us regarding Our Services, and supersede and replace any prior agreements we might have between us regarding Our Services.
We will notify You of any changes to these Terms of Service
- By accessing and using the Services, You accept and agree to be bound by these Terms of Service.
- You must not use the Services for any illegal purpose.
- We may at any time modify these Terms of Service. We will provide you with 30 days' notice of the proposed changes by e-mail.
- It is Your responsibility to ensure that You are familiar with the current Terms of Service.
- Your continued use of the Services following a change in the Terms of Service constitutes Your binding acceptance of those changes.
You are responsible for the legality of Your Images
- You are responsible for Your Images delivered to, processed and distributed by the Services.
- Your Images must not be obscene, pornographic, defamatory, misleading or deceptive.
- You are responsible for paying any royalties due on Your Images.
- You must have legal rights for worldwide distribution of Your Images.
- Your Images must not violate copyrights, privacy rights, trademarks or other intellectual property rights.
- We do not check the legality, accuracy or truthfulness of Your Images.
- You grant Us a non-exclusive, worldwide right to access, modify, store and deliver Your Images.
- You indemnify and will defend Us against any legal actions, claims, fines, liabilities and expenses arising from Your use of the Services.
You can trial the Services for a duration dependent on Your Subscription
- The "Starter" Plan provides a 7 day Trial Period.
- The "Agency" Plan provides a 14 day Trial Period.
- The "Prime" Plan provides a 30 day Trial Period.
- During the Trial Period you may cancel Your Subscription in writing by e-mail to dimens.io
- During the Trial Period we reserve the right to cancel Your Subscription if we suspect illegal activity is taking place.
We charge for Subscriptions on a monthly rolling basis
- After the Trial Period has ended, you will be charged for Your Subscription to Your selected Plan.
- Stripe, Our payment processor, will charge you on a recurring basis on the same day each month, except when the month has fewer days, in which case you will be charged on the last day of the month.
- You can change Plan at any time in writing by e-mail to dimens.io
- You must provide 30 days' notice in writing by e-mail to dimens.io to cancel Your Subscription.
- We will provide You with 30 days' notice in the event We need to modify Your Subscription.
- We reserve the right to cancel Your Subscription with immediate effect should You breach these Terms of Service.
- Refunds due to the change or cancellation of Your Subscription will be pro-rated.
- If You are based outside the UK but within the EU, You must prove that You are "in business" by providing a VAT Registration Number or a link to Your business website.
You'll be expected to change Plan if you exceed Your Image Quota for 2 months in a row
- The "Starter" Plan provides a Quota of 1000 input images.
- The "Agency" Plan provides a Quota of 5000 input images.
- The "Prime" Plan provides a Quota of 20000 input images.
- Your Quota is calculated on a calendar month basis.
- If you exceed the Quota of the Plan of Your Subscription by 10% or greater in two consecutive calendar months, we will notify you that you must modify Your Subscription to select a different Plan selected at Our discretion.
- If you do not wish to change Your Subscription you may cancel with the standard 30 days' notice.
We aim for 99.9% uptime, with credit available for the next month if this isn't the case
- You are responsible for ensuring the availability of Your input Images.
- We shall not be responsible for any failure due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: natural disasters, war, riot, terrorism, strikes, BGP route leaks and denial of service attacks.
- The Services will be made available for use through the World Wide Web for 99.9% of each calendar month.
- In the event Services are not available in a given month as a result of Our failure, you will receive credit of 1/30th of the cost of Your Subscription for each full two hour period the Services are unavailable.
- Credits expire upon termination of Your Subscription.