Terms and Conditions
Last Update: 30/08/2023
1. Introduction
This website Slashed.cloud is owned, hosted and operated by E-Borealis Lda, a company incorporated
in Portugal, registered at the Commercial Registry Office of Funchal under the number 510001408,
with its registered office at Rua Encosta dos Piornais Nº 4, 9000-683 Funchal, Portugal. This page
explains the terms and conditions under which You may use Our online services, Our website or any
other functionality We offer in connection with the services We provide (collectively, the "Services").
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY, TOGETHER WITH OUR PRIVACY POLICY,
CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY ACCESSING OR USING THE SERVICE,
AND SLASHED.CLOUD.
2. Acceptation
The Terms and Conditions contained herein apply to all Users of Slashed.cloud. These Terms and Conditions
are subject to change by E-Borealis Lda at any time at Our sole discretion and You agree to be bound
by any such modifications, changes and/or revisions.
BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS
AND ALL FUTURE AMENDMENTS AND MODIFICATIONS. YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND
TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS
AND TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT USE SLASHED.CLOUD.
3. Other applicable terms
Additional terms also apply to the use of Slashed.cloud such as Our
Privacy Policy which sets out how E-Borealis
Lda collects, uses, processes, protects information that You provide to Us and that We collect, as
well as the use We make of Cookies.
4. Definitions
The following words and terms with capital letters have the meanings defined in the following Terms
and Conditions. The following definitions have the same meaning whether they appear in the singular
or plural.
Terms and Conditions: Refers to this document which forms the entire agreement between
You and E-Borealis Lda regarding the use of the Slashed.cloud website and its Services.
Slashed.cloud: Also referred to as We, Us, Our, etc. refers to the company E-Borealis Lda
which owns the Slashed.cloud website, Slashed.cloud being the commercial brand of the proposed
Service.
User: Also referred to as You, Your, etc. refers to any person who visits or uses the
site Slashed.cloud and its services, whether a visitor or registered User of Slashed.cloud.
Consumer: Refers to any User who registers an account as an individual.
Business: Refers to any User who registers an account as a company or on behalf of a
company.
Services: Refers to the services that Slashed.cloud offers to You under these Terms and
Conditions.
Credits: Credits are a "virtual currency" whose value depends on the quantity purchased
and which allow the use of the Services.
User Content: Refers to all images and videos provided by the User to use Our Services.
5. Description of the Services
Slashed.cloud provides a Service for processing, optimising, encoding, caching and distributing image
and video content hosted by Our Users, according to their requests and instructions and, if necessary,
to deliver them through Our Content Delivery Network (CDN).
6. Access
You can visit Slashed.cloud without signing up. However, to use Our Services, it is necessary to
create a User account. When creating a User account, We will collect Your email address, and if applicable,
Your name, the name and address of Your company as well as its tax ID.
When You decide to purchase any of Our Services, You will also be asked to submit Your payment card
information to Our third-party payment processors. We may also ask You for additional information
if necessary.
Although We make reasonable efforts to ensure that Slashed.cloud is available 24 hours a day, this
cannot be guaranteed. Access to Slashed.cloud may be suspended temporarily and without notice in
the event of system errors, maintenance or repair work or for reasons beyond the control of Slashed.cloud.
7. Registration
Registration and creation of a User account is free. Only the purchase of Credits is subject to payment.
To create a User account You must be eighteen (18) years old or older, or have reached the age of
majority in the jurisdiction in which You reside and from which You access Slashed.cloud. You must
not be the subject of a legal protection measure for adults (legal protection, guardianship or curatorship).
If You create a User account as a Business on behalf of an entity, You represent and warrant that
You are authorized to accept these Terms and Conditions on behalf of the entity and that the entity
agrees to be liable to E-Borealis Lda if You violate these Terms and Conditions.
False, incorrect, invalid or outdated registration information may prevent You from registering and
may affect Slashed.cloud's ability to provide the Services to You.
When You create a User account You are asked to provide a password. As You are responsible for all
activities that occur with Your User account, You must keep Your password confidential. If You believe
Your password is no longer confidential, change it immediately and notify Slashed.cloud of any unauthorized
use of Your account.
We reserve the right to ask You to change Your password if We believe it is no longer secure.
TO REINFORCE THE SECURITY OF YOUR USER ACCOUNT WE RECOMMEND THAT YOU ACTIVATE TWO-FACTOR AUTHENTICATION
IN YOUR ACCOUNT, SO THAT OTHER PEOPLE CANNOT CONNECT TO YOUR ACCOUNT EVEN IF THEY KNOW YOUR PASSWORD.
E-Borealis Lda declines all responsibility for any misrepresentation or failure to comply with the
above provisions.
8. Fees and payments
In order to use Our Services, You must have Credits that allow You to make requests to process Your
User Content. To purchase credits, You must first fill in Your payment card details, whether You
are a Business or a Consumer. You can add up to three different payment cards and choose which one
will be used by default. As a Business You are also asked to fill in Your billing address and Your
tax ID
You can purchase and add Credits to Your User account at any time using two methods.
8.1 Single payment:
You choose the quantity of Credits You want to add to Your User account. Your payment card is debited
once for the amount agreed according to the quantity of Credits You purchase.
8.2 Recurring payment:
You choose the quantity of Credits You want to add to Your User account each month and choose the
date on which the top-up will be made. Your payment card is debited every month, on the date You
have previously chosen.
You can change the amount of Credits added each month and the date on which the Credits are added
at any time. You can also immediately cancel the automatic monthly Credits top-up and payments.
IF YOUR PAYMENT CARD CANNOT BE DEBITED FOR ANY REASON BEYOND OUR CONTROL (EXPIRED CARD, INSUFFICIENT
FUNDS, ETC.), YOUR ACCOUNT CANNOT BE TOPPED UP AUTOMATICALLY.
Whichever method of adding Credits You choose, if Your payment card cannot be debited You will then
be invited to add a new payment card or choose another payment card if You have already added several
payment cards to Your account.
Services are immediately available once payment is made and accepted and if Your Credit balance is
positive. Invoices are issued on a weekly basis and can be downloaded from Your User account along
with Your previous invoice history.
VAT management varies according to whether You are a Consumer or a Business.
Consumer
- If You live in the EU, we charge VAT in Your country.
- If You live in Portugal, we charge VAT at 22%.
- If You live outside the EU, we do not charge VAT
Business
- If You reside outside Portugal You must pay VAT on services received at the rate applicable in
Your country using the reverse charge procedure.
- If You live in Portugal we charge VAT at 22%.
We reserve the right to change or adjust the prices of the Credits at Our sole discretion. Any price
modification will be effective upon notice to You. In accordance with the applicable regulations,
the contractual information will be confirmed by email to the email address indicated by the User
at the time of account creation.
If We are unable to process payment or if You file a chargeback request disputing the charges to
Your payment method and the chargeback is granted, We may suspend or terminate Your User account
without notice.
Slashed.cloud, to the extent permitted by law, is not responsible for any inconvenience or damage
caused by the use of the payment method, including delays or inability to make payment. In this case,
You should complain about these services to their provider in the manner set out in their terms and
conditions.
By accepting these Terms and Conditions, You represent that all payments will be made with funds
from a legitimate source.
9. Refunds
You acknowledge that payments are non-refundable and that Credits, used or not, shall not be refunded.
You are entitled to a refund if You request one within the statutory withdrawal periods established
by Directive 2011/83/EU of the European Parliament and of the Council, only if Your credits haven't
been used at the time of Your request.
In the event that Slashed.cloud decides to issue a refund, ALL refunds will be paid by crediting
the credit card originally used make the purchase or transfer. Under no circumstances will refunds
be paid in cash or by check.
10. Free Credits
When You register, You receive 100 Credits as a welcome gift so that You can try out Our Services.
On the anniversary date of Your registration, if Your account balance is less than 50 Credits, You
will again receive 100 free Credits. Under no circumstances may these free Credits be transferred
to another User account, refunded or exchanged for cash or a check.
11. Account termination policy
No User account has a time commitment. You may request to delete Your User account at any time by
using the functionality provided for this purpose in Your User account. When You request the deletion
of Your User account, access to it is immediately revoked. You will receive an email confirming the
deletion of Your User account.
However, when You request the deletion of Your User account it is not deleted immediately, but is
deactivated for a period of thirty days. During this period You can reactivate Your User account
by using the link provided in the confirmation/reactivation emails we send from time to time. After
this period of thirty days, without any action on Your part, Your User account is permanently deleted.
THE DELETION OF YOUR USER ACCOUNT CANNOT LEAD TO ANY REFUND OF PAST PAYMENTS OR CREDITS STILL AVAILABLE.
We may terminate or suspend Your access immediately, without notice, for any reason, including, but
not limited to, if You violate these Terms and Conditions. Upon termination by Us, You will receive
an email confirming the termination of Your User account to Slashed.cloud and Your right to use Slashed.cloud
will cease immediately.
Should the Slashed.cloud website disappear or cease to function, it is clear that all subscriptions
(of any type) will be cancelled immediately without notice from either party.
12. Intellectual property
We are the owner or licensee of all intellectual property rights of Slashed.cloud and the materials
published on it, including, but not limited to, text, software, scripts, graphics, music, videos,
photos, sounds, interactive features and trademarks. The Service marks and logos contained therein
are owned by and/or licensed to E-Borealis Lda, subject to copyright and other intellectual property
rights under US, Canadian and foreign laws and international conventions.
The content on Slashed.cloud is provided to You AS IS and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without
the prior written consent of the respective owners.
E-Borealis Lda reserves all rights not expressly granted in and to the Slashed.cloud Website and
the Content. You agree not to disable, circumvent or interfere with any security related features
of Slashed.cloud or features that prevent or restrict the use or copying of the Slashed.cloud Website.
13. Licence
Subject to compliance with these Terms and Conditions, E-Borealis Lda grants You a limited, personal,
non-exclusive, non-transferable, non-sub licensable and terminable license to access Slashed.cloud
and its Services. This license terminates when the User account is closed.
Except with the prior written consent of E-Borealis Lda You may not modify (including, but not limited
to), create derivative works from, copy, adapt, reverse engineer, distribute, reproduce, republish,
upload, post, transmit, transfer, license, sublicense, sell in any form or by any means, the Slashed.cloud
content and Services in whole or in part.
14. User Content copyright and license
You are solely responsible for Your User Content and confirm that You have the necessary rights and
permissions to use and process such media through the Slashed.cloud Services.
You retain all rights in the images, videos and any other User Content You use in connection with
Our Services and We do not claim any ownership of the User Content.
However, in order to enable Us to process Your User Content and to fulfil Our obligations under any
contract entered into between You and Us, You grant Slashed.cloud a non-exclusive, royalty-free licence
to process, use, copy, distribute and display such content.
15. User conduct
When using the Slashed.cloud Services, You will comply with applicable laws, rules, and regulations,
as well as any usage guidelines that Slashed.cloud may communicate to You from time to time.
You may not access or use Slashed.cloud Services:
- for illegal purposes;
- upload, post, email or otherwise transmit or communicate any material that is unlawful, threatening,
abusive, cruel, harmful, propagandistic, invasive of privacy or publicity rights, defamatory, libelous
or illegal;
- upload, post, email or transmit or communicate any material that You do not have the right to transmit
or communicate under a contractual or fiduciary relationship or that infringes any copyright, trademark,
patent or any other intellectual property right or moral right of any party, including but not limited
to Slashed.cloud;
- harm minors in any way, including but not limited to content that violates child pornography laws,
child sexual exploitation laws, and laws prohibiting the depiction of minors engaging in sexual behavior;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content
transmitted through the Service;
- upload, post, email or otherwise transmit any material that may harm the computer systems of Slashed.cloud
or any other person, including, but not limited to, any material containing a virus, code, worm,
data or other files or programs designed to damage the Service or allow unauthorized access to it,
and which may cause a defect, error, malfunction or corruption of the Service;
- as part of a commercial communication campaign that has not been requested by the recipients (i.e.
spam);
- as part of an unnatural SEO campaign using spam links.
Violation of either of these agreements will result in the termination of Your User account.
16. Fair Usage Policy
To ensure the responsible and equitable use of Our media processing and delivery Services, We have
implemented a Fair Usage Policy (FUP). Please take a moment to familiarize yourself with the key
aspects of Our Fair Usage Policy:
Resource Allocation:
Our Fair Usage Policy defines the reasonable usage of specific resources, such as data bandwidth,
processing power, and storage, to prevent any individual or group from excessively consuming resources
and impacting the Service's overall performance.
Abusive Usage:
Users must refrain from engaging in abusive practices that could harm Our platform or other Users.
This includes activities like request spamming, unauthorized access, or any action that compromises
the integrity of Our Services.
Traffic Management:
In certain circumstances, when We experience network congestion or strain on resources, We may employ
traffic management measures. This may include prioritizing essential activities over non-essential
ones or implementing usage caps during peak periods.
Reasonable Use:
Our Fair Usage Policy encourages responsible and considerate usage of Our Services. We urge Our Users
to use Our platform reasonably and respect the needs of other Users.
Notification and Warnings:
If a User's usage approaches or exceeds the defined limits in Our Fair Usage Policy, We will provide
appropriate notifications and warnings before taking any action, such as throttling or suspension.
Enforcement:
In cases where a User consistently violates the Fair Usage Policy, We may take necessary enforcement
actions to protect the quality of Service for all Users. This may include throttling the Service,
temporary suspension, or termination of access.
SlashedCloud reserves the right to terminate or suspend a User's access to Our services if there
is a violation of these terms or engagement in inappropriate behavior.
17. Limitation of Liability
You agree that Your use of the Slashed.cloud website and its Service is at Your own risk.
To the fullest extent permitted by law, Slashed.cloud, its officers, directors, employees and agents
disclaim all warranties, express or implied, in connection with the Slashed.cloud website and Your
use thereof.
You understand and agree that submission of any digital content to Slashed.cloud, and downloading
or uploading of any material through the Services is at Your sole discretion and risk and that You
will be solely responsible for any loss or for any damage to Your content or damage to Your computer
system or loss of data that may result from downloading or uploading any material. You are solely
responsible for creating backup copies of Your digital content.
Slashed.cloud has no liability to You for any loss of profit, business interruption or loss of business
opportunity.
Slashed.cloud does not warrant, endorse, guarantee or assume responsibility for any product or service
advertised or on any hyperlinked website or featured in any banner or other advertisement, and Slashed.cloud
shall not be a party to or in any way responsible for monitoring any transaction between You and
third party product or service providers.
As stated above, We have no control over third party websites and We are not responsible for access
to such websites whether by direct access or indirect access via the Slashed.cloud website.
The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable
jurisdiction.
18. Amendments
We reserve the right to make changes to Our website and the services We offer in the event of a change
in law or policy from the relevant government, regulatory authority or industry body.
We reserve the right to change these Terms and Conditions at any time at Our own discretion by posting
an updated version of these Terms and Conditions on this page.
All changes to these Terms and Conditions will be deemed to have been approved if You do not object
within 30 days of the revised Terms and Conditions being posted. If You do not agree to such changes,
Your sole remedy is to terminate Your Member account and cease using Slashed.cloud. If You continue
to use Your Member account and/or Slashed.cloud after the expiration of the 30-day period despite
the modified Terms and Conditions, Your continued use shall be deemed to be binding consent to the
changes.
19. General provisions
These Terms and Conditions constitute the entire agreement between You and Slashed.cloud with respect
to Your use of this website and supersede all previous agreements relating to Your use of this website.
The User shall not assign, transfer or delegate its rights or obligations under this agreement to
any third party without the prior written consent of Slashed.cloud. For purposes of this agreement,
any sale or transfer by the User of all or substantially all of its shares or assets, or by merger
or otherwise by operation of law, shall be deemed an assignment, requiring the express written consent
of Slashed.cloud. Slashed.cloud may freely assign this agreement or transfer any interest contained
herein, including to any affiliate of Slashed.cloud, to a purchaser of all or substantially all of
the assets of Slashed.cloud, and to a successor in interest of Slashed.cloud in connection with a
corporate reorganization, consolidation or merger. This agreement and each of its provisions shall
inure to the benefit of and be binding upon the successors, administrators and permitted assigns
of each party.
Neither party shall be liable for any delay or failure in the performance of any part of this agreement
to the extent that such delay or failure is caused by fire, flood, explosion, war, act of terrorism,
strike, embargo, governmental action or default, an act of civil or military authority, force majeure,
inability to obtain transport equipment or facilities, acts or omissions of carriers, power failures,
computer failures, or by any other cause beyond its control, whether similar or dissimilar to the
foregoing.
In the event that one or more of the terms, clauses or provisions of these Terms and Conditions are
found to be invalid or unenforceable by a court of competent jurisdiction or a competent administrative
authority, such invalidity shall not affect the validity or enforceability of any other term, clause
or provision of these Terms and Conditions and such invalid term, clause or provision shall be deemed
to be severed from this agreement.
20. Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with Portuguese law
and any dispute arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction
of the courts of Portugal.
For any matter relating to the interpretation or execution of these Terms and Conditions, the parties
expressly waive the right to submit to any court that may have jurisdiction in the matter, and agree
to submit to the exclusive jurisdiction of the courts of Portugal.
If by any law or regulation it is claimed that the competent courts are those of the User, such laws
and regulations shall prevail in matters of jurisdiction and venue for any matter relating to the
interpretation or execution of the Terms and Conditions.