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").

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.

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.
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.
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.
- 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
- 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.
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.
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.