Terms of Service
Terms of Service
By using the Kraken.io web site, Kraken API (Application Programming Interface - "API") or any applications or services (together, the "Service"), of Nekkra UG ("Nekkra", "we", "our" or "us"), you are agreeing to be bound by the following terms of service ("Terms of Service"). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
You expressly understand and agree that Nekkra 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 (even if Nekkra has been advised of the possibility of such damages), resulting from your use of the Service or third-party products that access data via the Service.
A. Account Terms
- You must be at least 13 years old to use the Service.
- You must be a human and you must not create Accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You are responsible for keeping your password secret and secure.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules and regulations in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- The Service is billed in advance on a monthly basis or on a yearly basis and is non-refundable
- You may upgrade or downgrade in plan level at any time.
- Upgrade in plan level will occur immediately. Downgrade in plan level will occur at subscription renewal.
- For changes in plan level we will:
- Prorate the remaining time on the existing plan and issue a credit,
- Prorate the new plan until the current billing cycle's end date and charge that amount.
- Any outstanding charges for overage usage which did not appear on your last bill will be added to the next bill.
- Overage usage is charged in increments of 1GB. Once you reach overage usage, the charge for the first 1GB (which depends on your current package subscription) will be added to your monhtly bill, with the next 1GB being added to your bill once that has been exceeded, and so on.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
C. Account Deletion
Once you contact us about the account removal, we will schedule it and remove it no sooner than within next 7 days. All of your Account Data and all uploaded Content will be deleted from the Service upon deletion. You may request that anytime you want.
D. Service Cancellation
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- If you cancel your account you will be billed for any overage usage you had in a current paid up month.
E. Kraken API
When you use the Kraken API you can optimize your images in two ways - by providing a URL of the image you want to optimize or by uploading an image file directly to Kraken API. Either way, access to those images is available only to you – you have your API credentials. We do not store images optimized by Kraken API – they are available on our servers for one hour only so you (and only you) can download them and use them in any way you want.
F. Kraken Cloud Storage
- Cloud Storage backup only applies to images optimized using Web Interface Pro.
- Images stored in the cloud through Web Interface Pro can only be accessed via your Kraken account. That means hotlinking the images will not work. Web Interface Pro’s cloud storage is not a substitute for a CDN, but rather a system for keeping all your optimized files safe, in one place, and accessible from any location.
- We won’t share any images stored within Cloud Storage with anyone and the person who has access to them is you via your Kraken account (please remember: do not share your login and password with anyone). The other person with access is our Admin user who logs into your account when having your consent and only while trying to solve logging problems. None of the employees has access to your account and your optimized images.
- When you decide you want us to remove your account, we’ll delete all the information you entered and all optimized images stored on your Kraken Cloud Storage as well.
G. Developer Plan
- The Developer Plan is completely free. No credit card is required to sign up for the Developer Plan.
- The purpose of our Developer Plan is to facilitate integration of Kraken API without the customer incurring any costs during integration. Images uploaded to Kraken servers using the Developer plan will not be optimized, however, the server will respond with realistic sample responses which are reasonably representative of genuine API responses such that integration can be fully realized using the Developer Plan.
- Once the customer upgrades from the Developer Plan to one of the Kraken paid plans, the customer will be billed immediately at the time of upgrade.
I. Referral Program
- We will add a 100MB quota increase for every customer that signs up for a paid account via your referral link.
J. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- You understand that Nekkra uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other content of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Kraken.io page is rendered or displayed in a user's browser or device.
- You may not upload violent or discriminatory content, or content which is in any way unlawful, infringing, or hateful, to and/or via the Service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.