Terms of Service

1. Agreement to Terms

By accessing or using HelloIMG (the "Service"), operated by GoBird OÜ (the "Company," "we," "our," or "us"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

HelloIMG is an API‑based image optimization service that compresses, converts (e.g., WebP, AVIF), and resizes images with multiple optimization levels.

3. Account Registration & Eligibility

3.1 Account Creation

To use the Service you must create an account. You agree to:

• Provide accurate and complete information;
• Maintain the security of your credentials;
• Notify us promptly of any unauthorized access; and
• Be responsible for all activity under your account.

3.2 Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement.

4. API Use and Limits

4.1 API Keys

We provide API keys for access. You must keep your keys confidential and are responsible for their use.

4.2 Usage Limits

• Usage is subject to your plan's limits;
• Exceeding limits may incur additional charges or suspension; and
• We may adjust limits with reasonable notice.

4.3 Acceptable Use

You agree not to:

• Use the Service for unlawful purposes;
• Upload malicious content or malware;
• Bypass or attempt to bypass limits;
• Reverse engineer or attempt to extract source code;
• Resell or redistribute without authorization; or
• Process unlawful, harmful, or offensive content.

5. Fees and Payment

5.1 Fees

Fees are based on your selected plan and actual usage. All fees exclude applicable taxes.

5.2 Billing

• Subscription fees are billed monthly in advance;
• Usage‑based fees are billed monthly in arrears;
• Payment is due upon receipt; and
• Late payment may result in suspension.

5.3 Refunds

Except where required by law, fees are non‑refundable. At our discretion, we may issue service credits for material service interruptions.

6. Data and Content

6.1 Your Content

You retain all rights to images you upload. You grant us a limited license to process, temporarily store, and optimize your images solely to provide the Service.

6.2 Data Retention

• Optimized images and intermediate processing artifacts are retained for up to 24 hours;
• You are responsible for downloading/backing up outputs; and
• We may delete data after the retention period without notice.

6.3 Content Responsibility

You are solely responsible for content you upload and must ensure you have all required rights and permissions.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may:

• Perform planned maintenance with advance notice;
• Suspend the Service for security or operational reasons; and
• Modify or discontinue features with reasonable notice.

8. Intellectual Property

The Service (software, design, documentation) is owned by GoBird OÜ and protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

We do not warrant that the Service will be error‑free, secure, uninterrupted, or meet your requirements.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOBIRD OÜ SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, punitive, or consequential damages;
• Loss of profits, data, goodwill, or business opportunities; or
• Service interruptions or data loss.

Our aggregate liability shall not exceed the fees you paid in the 12 months preceding the event giving rise to the claim.

11. Indemnification and Third-Party Services

You agree to indemnify, defend, and hold harmless GoBird OÜ and its affiliates, officers, employees, and agents from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) content you upload or process via the Service; (b) your breach of these Terms; or (c) your violation of applicable laws or third‑party rights.

The Service relies on third‑party infrastructure and services (such as hosting, CDN, storage, payment processors, and analytics providers). We are not responsible for unavailability, loss, or errors to the extent caused by such third‑party services, and your use of them may be subject to their own terms and privacy policies.

12. Termination

11.1 By You

You may cancel your account at any time via account settings or by contacting support.

11.2 By Us

We may suspend or terminate access if you:

• Violate these Terms;
• Fail to pay fees; or
• Engage in fraudulent or abusive behavior.

11.3 Effect of Termination

Upon termination, your access will be revoked. Optimized images and processing artifacts may be deleted within 24 hours in line with our Privacy Policy.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Estonia. Courts located in Tallinn, Estonia, have exclusive jurisdiction.

14. Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes. Continued use of the Service after changes constitutes acceptance.

15. Fair Use Policy

The Service is designed to provide reliable capacity for all customers. Even where you are within your plan limits, we may apply fair use measures if your usage (including request volume, burst traffic, or processing intensity) negatively impacts service stability or other customers.

• We may temporarily throttle, queue, or rate‑limit your requests to protect overall platform stability.
• We may contact you to suggest a higher‑tier plan or alternative integration if your usage pattern is continuously atypical for your plan.
• Abusive or clearly automated high‑volume behavior that threatens service availability may result in immediate suspension, even if nominal plan limits are not exceeded.

We will act reasonably and proportionately when applying fair use measures and, where practicable, will notify you in advance or as soon as possible afterwards.

16. Contact

17. Miscellaneous

Entire Agreement. These Terms, together with any order forms or addenda expressly referencing them, constitute the entire agreement between you and GoBird OÜ regarding the Service and supersede all prior or contemporaneous agreements on the same subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.

No Waiver. Failure to enforce any provision shall not be deemed a waiver of that provision or any other provision of these Terms.

Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate.

Governing Language. These Terms are drafted in English and may be translated into other languages. In case of conflict between the English version and any translation, the English version shall prevail.