ospry

Terms of Service

Welcome to Ospry

Hi, we're Ospry, and these are our Terms of Service. By using Ospry, you're agreeing to these Terms.

Thank you for using our products and services ("Services"). These Services are provided by Ospry Labs, LLC ("Ospry"), a Washington state Limited Liability Company.

By using our Services, you are agreeing to our Terms of Service ("Terms"), which are outlined below.

Please read the Terms carefully, and contact us at if you have any questions. If you do not agree to these terms, you may not use any of the Services offered by Ospry at any time.

Description of Service

We offer awesome image hosting services aimed at developers and creatives. We offer an API and supplementary tools to help you get the most out of hosting with us. We also do some open source stuff, which might have its own licenses to review.

Ospry offers image hosting services including, but not limited to, remote image storage, image processing, image caching, and content delivery to websites and applications. Ospry offers many of these Services through an Application Programming Interface ("API"). The API and its infrastructure are operated by Ospry, and their use is subject to all Terms in this document.

To support customer use of the API and Services, Ospry also provides documentation, code examples, code libraries, and other supplementary tools ("Tools") to customers. Some of these Tools are maintained in an open-source community, and are subject to their provided licenses.

Intended Use

We think images are awesome. Please don't use Ospry for anything that is illegal, offensive, or malicious. We reserve the right to close any accounts, at our discretion, for improper use of the service.

Ospry is intended to help customers host and distribute their content. Ospry may not be used to host content that is illegal, overtly offensive, or malicious in nature. You may not upload, store, or distribute any of the following material on Ospry's Services:

Content that is illegal, or encourages illegal behavior,

Content that is overtly offensive or exploitive of children,

Content that you do not own, or do not have the right to publish,

Content that exposes private, personally-identifiable information without permission (e.g. addresses, email addresses, and banking information),

Content that is designed to entrap, mislead, or "phish" for personal information,

Content that may infringe on intellectual property, copyright, or similar licenses and rights,

Content that is malicious in nature or includes malicious sofware (e.g. viruses, spyware),

OR, Content that Ospry deems to be harmful to the Services and / or other users.

Ospry reserves the right to monitor and prevent access to any content that violates these Terms.

Service Quality

We work to make sure Ospry is up and running when you need it. However, we do leverage third-party vendors, and cannot be liable for their downtime.

Ospry employs third-party vendors and services to help deliver our image hosting Services. Ospry does not represent those third parties, and makes no guarantee regarding their availability. By agreeing to these Terms, you acknowledge that Ospry may lose service, temporarily or otherwise, and is not liable, in any way, for downtime, or limited access to your content.

Content Ownership

All content uploaded to Ospry retains its existing legal status and attribution requirements. Ospry does not own any of the content uploaded by users of the Services. If you come across content that shouldn't be published, let us know.

All content hosted on Ospry will retain its legal copyright, ownership and license status. Ospry does not own any of the content hosted by the Services, and retains the right to remove any content, at any time, that is in violation of copyright, license, or these Terms. Ospry will make content removal decisions at its own discretion, and will notify users via email if content is to be removed.

You may not upload content that you do not own, or is in violation of copyright. You may only upload, store, and distribute licensed content on Ospry's Services within the bounds of the content's associated license.

Ospry works hard to respect copyrighted material. If you discover content that might be in violation of copyright, license, or these Terms, please contact us at: abuse@ospry.io.

Ospry may not use your content for marketing or advertising purposes without your express written consent. We will never re-publish or attempt to sell your content.

As the content owner, you are solely responsible for creating backup copies of your content and replacing any blocked, damaged, or lost content at your own expense.

Privacy

Our Privacy Policy is part of these Terms. We will never attempt sell or republish your content or personal information.

Ospry's Privacy Policy can be found here. By agreeing to our Terms of Service, you are also agreeing to the policies described in the Privacy Policy.

We will never provide or sell your personal information to independent third-parties. Ospry reserves the right to turn-over user information only in the case of a legal requirement or investigation.

Accounts

To use Ospry, you need an account. We do our best to keep your personal information safe, and you can edit or close your account at any time.

To use the Services, you must create an Ospry account. Accounts may store personal information used to provide the Services, including but not limited to, names, email addresses, physical addresses, and passwords.

Passwords for your account are encrypted and stored on our server, in accordance with industry standards. It is your sole responsibility to protect access to your account by not sharing your password or giving other parties access to your account. You are solely responsible for any activity that happens under your account, including any and all uses of the API and Services.

Ospry reserves the right to close your account at our discretion. In the event of an account closure, you will be notified of the reason for the closure, and will be allowed a reasonable period to retrieve your content.

You may also choose to close your account at any time.

Ospry uses a third-party vendor to collect credit card payments. Ospry does not store any credit card information on our servers, other than opaque tokens that allow us to make payment transactions with the third-party vendor.

We use Stripe.

Payments

Ospry offers subscription-based Services, and requires a valid credit card to keep your account active.

Ospry offer subscription-based Services, and requires a credit card to automatically bill your account at the end of each month. Charges will be made after the last business day of each month, and will represent all usage of the Services and API for that calendar month.

Every account may be subscribed to a service plan ("Plan"), which provides pre-determined access to the API and Services for a fixed monthly fee ("Fee"). Your credit card will be charged at least the Fee for each full month of access to our Services and API. In partial service months (e.g. when you first sign up), your Fee will be pro-rated evenly across the number of days you have access to the Plan.

In months where your usage exceeds the levels defined in the Plan, you will be charged overage costs based on your additional usage of the Services and API. All prices, including overage charges, are described on the payments page.

In the event that your account is credited with a free trial ("Trial"), you will not be billed for your usage during that period of time, except for any overages incurred by exceeding the Plan's usage limits for the month.

Existing customers will receive email notice of changes to pricing and Plan conditions. You are welcome to request a detailed summary of your usage to clarify monthly charges.

Ospry reserves the right to block API access to content once an account is 7 days late on any owed balance.

Plans and prices are outlined on the pricing page of ospry.io.

You may contact us at support@ospry.io with any payment questions or disputes.

Updating Terms

We may occasionally update these Terms of Service. When we do, we'll let you know.

Ospry reserves the right to modify these Terms at any time in the future, for any reason. Existing Ospry users will receive email notification when our Terms of Service change. You should also review the Terms regularly so that you remain familiar with them.

Any changes to the Terms will not be applied retroactively, and will become effective no sooner than fourteen days after they are posted, unless those changes are required legally, in which case they will become effective immediately.

If you have questions at any point regarding these Terms of Service, you may discuss them with a member of the Ospry team by emailing support@ospry.io.

Limitation of Liability

We work really hard to provide the best image hosting out there. If you ever run into an issue, we want to help. But in the unlikely case that something really goes wrong, Ospry is not liable.

Ospry makes a concerted effort to deliver useful and reliable Services and Tools. In all cases, these Services and Tools are provided "as is", with no warrantee or guarantee, financial or otherwise, regarding their availability or reliability.

By using Ospry's Services, Tools, and API, you expressly understand and agree that Ospry shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use of the API, Services, Tools, or third-party products that access data via the API.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OSPRY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

Contact

We want to make using Ospry awesome. Please let us know if we can ever help.

Email an Ospry team member to discuss these Terms of Service, or any other questions regarding Ospry's Services. Email us at support@ospry.io.