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Terms of Use

These Terms of Use (hereinafter, the Terms) set forth the terms and conditions under which services are provided through the website www.img2html.com and through all its related or linked sites from www.img2html.com (hereinafter, the Platform and/or the Website). By contracting the services on the Website, you acknowledge that you accept these Terms and agree to comply with them. If you do not accept them, you should not use the Website or the services provided through it.

These Terms will be valid from the date on which the user (hereinafter, the User) checks the acceptance box for these Terms that appears at the bottom of this document.

1. Information about us

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following identifying information of the website owner is provided:

  • Name: TONVI TECH S.L.
  • Registered office: Calle Puerta del Mar, 18 5th Floor 29005 Málaga, Spain.
  • Tax ID: B-19780394.
  • Email: hi@img2html.com.

2. Update and modification of the terms of use

IMG2HTML reserves the right to modify these Terms, the Privacy Policy, and the Cookie Policy at any time without prior notice. The User should carefully read these Terms before accessing the Platform. In any case, acceptance of the Terms is an essential first step to access the services and content available on the Platform. The current Terms will be available at all times on the Website.

3. Description of the service

IMG2HTML provides its Users with the aforementioned email address for any inquiries regarding the service.

The services provided to the User may be replaced or modified by IMG2HTML at any time, always with prior written notice to the User, and with a service similar or superior to the one initially contracted.

4. User registration

Users who wish to use the products and services (hereinafter, The Products) offered on the Website must register through the form created for this purpose, following the instructions indicated therein and providing the required data (hereinafter, the Registration Form).

Likewise, IMG2HTML staff may register users and organizations in offline processes, with prior authorization from the client and the corresponding signature on the order form.

Once the Registration Form has been completed, the User will receive an email at the address indicated in the Registration Form, confirming the registration and informing about the use of the tool.

5. Duration of the contract

The contract period will be adjusted to the pre-established agreement during the product contract, either through the Website or the IMG2HTML Platform.

6. Price and payment method

The price of the services will be as indicated at the time of contracting the service on the Platform.

The price will be paid monthly in arrears by credit/debit card or by direct debit in the User's bank account indicated at the time of contracting the Service. If there is a charge or expense associated with some of the Products, the User agrees to pay such a charge. The price indicated for the Products does not include VAT (value-added tax), unless otherwise specified.

To pay for a Product, IMG2HTML will request that you provide a payment method at the time of subscription. The User agrees and undertakes to keep their billing account information up to date at all times. Likewise, the User authorizes IMG2HTML to use their updated account information on their payment method provided by the issuing bank or the applicable payment network.

By providing IMG2HTML with a payment method, the User (i) declares that they are authorized to use the payment method provided and that the payment information provided is accurate and truthful; (ii) authorizes IMG2HTML to charge the Products using the provided payment method; and (iii) authorizes IMG2HTML to charge any paid features of the Products to which they subscribe or order while these Terms are in effect.

IMG2HTML will provide an invoice via email. The User can view and print their invoice. The User is obliged to regularly check the invoice. This is the only invoice provided by the Platform. The User is responsible for printing or saving a copy of each online invoice and keeping it for their records. If there are errors on the invoice, IMG2HTML staff commits to correcting them as soon as possible.

In the event that the User defaults on contracted Products, IMG2HTML will initially suspend such Products if the amounts owed are not paid within 10 calendar days from the notification. If the amount is not paid by the user within the mentioned period, IMG2HTML will immediately suspend the services.

7. Data protection

The User's personal data will be processed in accordance with the Privacy Policy available at the link: https://img2html.com/privacy-policy/, which is incorporated herein by reference. IMG2HTML's Privacy Policy describes how IMG2HTML collects, uses, and discloses information about the User and how the User can access and update User's Personal Data. If IMG2HTML does not act as the Data Controller but as the Data Processor, personal data will be processed in accordance with the Data Processing Agreement entered into between the parties.

By accepting these Terms, the User agrees to the content of the Privacy Policy and, where applicable, the content of the Data Processing Agreement.

IMG2HTML shares all prompts, completions, and traces with OpenAI to help develop and improve their services, including for improving and training their models. By using our services, you agree to be bound by OpenAI's Business Terms, which can be found at https://openai.com/policies/business-terms.

8. Data security

IMG2HTML is committed to implementing legally required security measures that are appropriate to the state of technology, in order to ensure the confidentiality, availability, and integrity of the information hosted on its servers.

However, the User must take measures within their reach to maintain the security level of their data.

9. Service period and termination

The User may terminate the Products associated with their account at any time. The cancellation and termination of the Products will be effective once the pending amounts and commitments for the use of the service have been correctly paid.

Once the Services are terminated, the User will no longer have rights of access to or use of the Services.

10. Prohibited uses

The User may only use the Services for professional purposes and within the scope established in these Terms.

The User shall refrain from using the services to carry out any illegal activity or infringe on the rights of third parties, intentionally causing harm to an entity or person. In particular, but not limited to, the User shall refrain from using the services to:

  • Send spam or use their account to help others send spam. Spam is any unsolicited mass email, post, or instant message.
  • Store, distribute, or transmit illegal content, introduce, store, or distribute programs, viruses, macros, applets, or any other logical device or sequence of characters that cause or are likely to cause any type of malicious alteration in the computer systems of the Service Provider, any of its Users, or third parties.
  • The use or installation of programs or devices capable of invalidating the security controls or passwords established by IMG2HTML is prohibited. It is also forbidden to decipher the keys, systems, or encryption algorithms or any other security element involved in the processes or services provided by the contracted services, as well as to attempt to increase permissions or privileges, or fraudulently impersonate or circumvent the credentials of any other User.

The User may not in any case: i) circumvent or bypass technical protection measures contained in the services, the software associated with them, or the Platform itself, or related to them; ii) use reverse engineering, decompilation, or disassembly techniques of the software or any other aspect of the products and services included in or accessible through them, except to the extent that current intellectual property law expressly authorizes it; iii) disaggregate the components of the software or the Products to use them on different devices; iv) copy, publish, lease, rent, or transfer the software or the Products.

However, in the event of any conduct contrary to morality and public order, IMG2HTML will block or delete the User's account, without prejudice to any legal actions that may correspond against those responsible.

11. Technological limitations

IMG2HTML informs the User that, as a result of maintenance work, temporary interruptions in the services provided may occur in certain cases.

IMG2HTML commits, as far as possible, to inform the User in advance of such interruption and to make the greatest effort to ensure that the intervention lasts the shortest possible time and affects the User minimally.

The User acknowledges and agrees that IMG2HTML may modify the services or launch a new version of them at any time and for any reason, including, but not limited to: addressing user needs, meeting competitive demands, responding to government regulations or laws, or continuing to innovate in the product offering.

IMG2HTML informs the User that there are a variety of factors that may affect the Platform and its Services, such as, but not limited to: environmental conditions, network saturation, connectivity, third-party software, etc.

12. Liability

IMG2HTML commits to providing the services contracted by the User, managing the software, and all necessary elements of said software to ensure the correct functioning of the service.

Additionally, IMG2HTML is not responsible for failures or service outages attributable to external causes or beyond IMG2HTML's control, or any circumstances described in these legal terms.

IMG2HTML will not be responsible for damages caused when they occur as a result of the following assumptions:

  • Errors and failures caused by the User.
  • Problems caused by elements external to IMG2HTML, such as deficiencies in the hardware used by the User, internet connection failures or slowness, or hardware failures.
  • Breaches, delays, or malfunctions of services or service levels of third parties external to IMG2HTML (e.g., communication application providers, etc.).
  • Possible errors or security deficiencies that may occur from the use of outdated or insecure software by the User, as well as from activating the devices for saving passwords or identification codes of the User in the browser, or from the damage, errors, or inaccuracies that may result from the malfunctioning thereof.
  • Scheduled maintenance operations and pre-notified at least 24 hours in advance by IMG2HTML.
  • Errors or damage caused by the interaction of software, applications, or any other sequence of code, installed or executed by the User or third parties external to IMG2HTML.
  • Negligent actions, abusive use, or configuration errors by the User.
  • Damage caused by force majeure, terrorist attack, or natural disaster.
  • Damages, including but not limited to: direct or indirect losses or expenses that arise in connection with any service or its use or inability to use by either party, or in connection with any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system or line failure.
  • Malicious attacks by third parties, execution of malicious software, malware, etc., affecting the contracted services.

IMG2HTML will not be responsible for damages caused by the content hosted by the User, the illegitimate or fraudulent use of the services or content, or the violation of current laws and regulations, or contracts signed by the User.

According to Article 16 of Law 34/2002 on Information Society Services and Electronic Commerce, IMG2HTML is not responsible for the content, installed software, or information stored by the User, as there is no dependency, direction, control, or authority relationship over it. The User is the sole owner and responsible for the content hosted in the contracted Products.

Some Products allow communication with third parties and the storage or sharing of various types of files, such as photos, documents, videos, and music. All contents of their communications and files are the responsibility of the User (their Content). It is highly recommended that regular backups of all Content be made.

In any case, the parties acknowledge that IMG2HTML's liability for any damage or harm for which it is responsible, according to the stipulations described above, will be limited, at most, for all purposes, to the proportionate amount paid by the User for the period in which they did not receive the originally contracted service, as indicated in the service level agreement (SLA), or failing that, to the last invoice paid by the User, waiving in any case the claim for lost profits.

The following are not counted for the calculation of access availability:

  • Causes beyond the control of the Service Provider and force majeure causes.
  • Downtime due to failures in the User's own software.
  • Viruses and cyber-attacks that result in the total or partial impossibility of providing the services.

13. Contract assignment and subcontracting

The User may not assign or subrogate their contractual position to third parties without the express consent of IMG2HTML.

IMG2HTML may assign its contractual position to third parties without prior notification to the User.

Likewise, if IMG2HTML deems it appropriate, it may subcontract part or all of the services provided to the User to third parties it considers sufficiently capable of doing so without prejudice to the service it commits to provide to the User.

14. Intellectual property

14.1. Intellectual and industrial property rights of the parties

Each party acknowledges the ownership of the other or any third parties regarding all their intellectual and industrial property rights (such as: texts, images, graphics, source code, drawings, designs, navigation structure, databases, trademarks, trade names, logos, distinctive marks, domain names, and social profiles, trade secrets, and know-how, trade names, and trademarks, copyright, rights similar or related to copyright or sui generis rights over databases, patents, utility models, industrial models, and any other content, regardless of whether they have been registered or not).

The rights granted to the User to use the Services under these Terms do not grant additional rights in the Service or on IMG2HTML's Intellectual Property Rights. Subject only to the limited rights of access and use of the Services, as expressed in this document, all rights, titles, and interests in the Services and all hardware, software, and other components or used to provide the Services, including all Intellectual Property Rights, will remain with IMG2HTML and belong exclusively to IMG2HTML.

IMG2HTML will have a fully paid, royalty-free, worldwide, transferable, sublicensable, assignable, irrevocable, and perpetual license to implement, use, modify, commercially exploit, incorporate into the Services, or use any suggestion, enhancement request, recommendation, or other feedback received from the User.

14.2. Intellectual and/or industrial property rights over software

14.2.1. Software associated with the Products

Unless accompanied by a separate license agreement, all software (for illustrative purposes, but not limited to, software means the source code, object code, user manuals, APIs, supplementary documentation, updates, new versions) provided or recommended by IMG2HTML as part of its Products will be governed by the terms of these Terms. The software is granted under license and is not sold, and IMG2HTML reserves all rights to the software that are not expressly granted under the license terms. The parties expressly acknowledge that IMG2HTML owns or has granted exploitation rights to all intellectual and industrial property rights related to IMG2HTML and its services. IMG2HTML only grants the User the right to use the software recommended or provided as part of its products and services, in a non-exclusive, non-transferable manner, and subject to the terms and conditions set forth in these Terms.

IMG2HTML may automatically check the version of its software, as it is necessary to provide the Products. IMG2HTML may automatically download updates to the software to the User's device at no charge to keep the Products up-to-date, progress, and continue developing them. IMG2HTML may require the User to accept such updates subject to these terms unless the updates are accompanied by additional or different terms.

Additionally, to ensure the correct functioning and legality of its services, IMG2HTML reserves the right to audit any of the Products to ensure that the software installed, executed, or stored in them is correctly licensed and complies with the applicable legal requirements, with the User being directly responsible if these requirements are not met and may be required to take measures to regularize such software or remove or uninstall it, as appropriate.

15. Content

15.1. Access to Content

Initially, the User controls who can access their Content. However, if the User shares content in public areas of the Products through functions that enable public sharing of the Content, or in shared areas available to other users selected by the User, they understand and agree that such content will be available to the users with whom it has been shared. If the User does not want others to have this capability, they should not use the Products to share their content. The User warrants and represents that, while these terms are in effect, they have (and will have) all necessary rights concerning the content they share or upload to the Products, and that the use of that content, as contemplated in this section, does not infringe any law or any third-party rights.

15.2. Prohibited Actions and Content

IMG2HTML reserves the right to reject any Content/Software or remove it from the Products at any time if it is understood to violate applicable law or these Terms, or if it exceeds storage or file size limits. If the content that a User stores in IMG2HTML's Products is legal, complies with these Terms, is protected by intellectual property laws, and the User is authorized to use it, it will be supported. IMG2HTML may also block the delivery of any type of communication (such as an instant message or email) to or from the Products as part of its effort to safeguard the Products and other users.

15.3. Links to third parties

IMG2HTML assumes no responsibility for the links that allow, through the Website and the Platform, the User to access features, software, and services offered by third parties, as long as they are external to IMG2HTML. Therefore, IMG2HTML is not responsible for the information contained therein or for any effects that may result from such information.

If any User or third party observes that such links may be contrary to the law, morality, or public order, they should inform IMG2HTML via email: hi@img2html.com.

16. Confidentiality

Under these Terms, IMG2HTML may have access to the other party's confidential information (hereinafter, Confidential Information).

The Confidential Information of one party will not include information that: (a) is or becomes part of the public domain due to reasons other than the action or omission of the other party; (b) was legitimately in the possession of the other party before its disclosure and was not obtained directly or indirectly from the disclosing party; (c) is legitimately disclosed to the other party by a third party without restrictions regarding such disclosure; or (d) is independently developed by the other party.

The parties agree not to disclose the Confidential Information of the other party to third parties not mentioned below for a period of three (3) years from the disclosure of the Confidential Information by the disclosing party to the receiving party. Notwithstanding the foregoing, IMG2HTML will keep its Confidential Information that resides within the Platform confidential.

The parties may disclose Confidential Information only to those employees, representatives, or subcontractors who are required to protect it from unauthorized disclosure with a level of protection no less than that established under these Terms.

Nothing will prevent the parties from disclosing the terms or prices under these Terms or orders made under these Terms in any legal action arising under or in connection with these Terms, nor from disclosing the Confidential Information to any governmental entity when required by law.

17. Limitation of liability

Neither party will be liable for indirect, incidental, special, punitive, or consequential damages, nor for loss of profit or revenue (except for fees under these terms), data or data usage. IMG2HTML's total liability for any damage or loss arising under or in connection with these terms or its order, whether contractual or non-contractual, or of any other nature, will be limited to the total amount paid to IMG2HTML for the services under the order that gives rise to the liability in the twelve (12) months immediately preceding the event that gave rise to such liability, less the refunds or credits you have received from IMG2HTML under that order.

18. Contact and written communications

The applicable regulations require that part of the information or communications that IMG2HTML sends to the User be in writing. By accepting these Terms, the User agrees that most communications with IMG2HTML will be electronic. IMG2HTML will contact the User via email or through mobile messaging applications. The User acknowledges that they must use these electronic communication means and recognizes that any notification, information, and other communications that IMG2HTML sends electronically meet the legal requirements of being in writing.

For any inquiries or issues, complaints, or claims related to the Services, the User can contact IMG2HTML at the following address:

  • Inquiries, issues, and claims: hi@img2html.com.

19. Service analysis

IMG2HTML may (i) collect statistical and other information related to the performance, operation, and use of the Services, and (ii) use data from the Platform in aggregate form for operations management and security, to create statistical analyses, and for research and development purposes (collectively referred to as Service Analysis). IMG2HTML may make Service Analysis public; however, Service Analysis will not incorporate Your Content or Confidential Information in a manner that could serve to identify the User or any individual, and Service Analysis does not constitute Personal Data. IMG2HTML retains all intellectual property rights over the Service Analysis.

20. Warranties

IMG2HTML warrants that it will provide (i) the Services in all material aspects as described in the Service Specifications, and (ii) the Professional Services in a professional manner in accordance with the Service Specifications.

IMG2HTML does not guarantee that (a) the services will be provided without errors or uninterruptedly, nor that IMG2HTML will correct all service errors, (b) the services will operate in combination with your content or applications, or with any other hardware, software, systems, services, or data not provided by IMG2HTML, and (c) the services will meet your requirements, specifications, or expectations. The User acknowledges that IMG2HTML does not control the transfer of data through communication systems, including the internet, and that services may be subject to limitations, delays, and other issues inherent to the use of such communication systems. IMG2HTML is not responsible for delays, failures in delivery, or other damages resulting from such issues. IMG2HTML is not responsible for problems related to the performance, operation, or security of the services arising from your content, applications, or third-party content. IMG2HTML does not make any representations or provide warranties regarding the reliability, accuracy, completeness, correctness, or usefulness of third-party content or service, and does not assume any responsibility arising under or in connection with third-party content or services. If any breach of the service warranty occurs, the User's sole remedy and IMG2HTML's sole responsibility will be to correct the deficient services that caused the breach of the warranty, or if IMG2HTML cannot substantially correct the deficiency in a commercially reasonable manner, the User may terminate the deficient services.

To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions, including warranties or conditions related to software, hardware, systems, networks, or environments, or warranties of merchantability or fitness for a particular purpose.

21. Specific service conditions

All Products offered by IMG2HTML will be provided in accordance with the general and specific conditions established in these terms, as well as the characteristics and functionalities described on the Website.

IMG2HTML commits to maintaining the hardware and software that supports the infrastructure contracted by the User, as well as to establishing appropriate measures to enable internet connectivity for said infrastructure.

21.1. Service prerequisites

The following requirements are considered prerequisites for the Product. If these requirements are not followed, these Terms will be considered null and void. The User must meet at least the following requirements:

  • A minimum internet access service of ADSL or fiber contracted from any national operator will be required for the installation of the Virtual PBX Service (minimum 65Kbps per contracted extension).

The User understands and agrees that IMG2HTML will not be responsible for losses or damages, including loss of profits, resulting from failures or outages in telecommunications structures.

The User expressly authorizes IMG2HTML to provide this service through its own personnel or by contracting specialized third parties, notifying the User in such cases of the name of the entity or professional to whom tasks involving access to the User's personal data are entrusted.

The User is solely responsible for maintaining the confidentiality of their Usernames and Passwords and for safeguarding this data to prevent unauthorized access. The User is responsible for all activities carried out using their Username, Password, and Account, even if they occur without their permission.

The User agrees to notify IMG2HTML in writing and immediately about any unauthorized or fraudulent use of their Username, Password, or Account. The User agrees to indemnify IMG2HTML against any third-party claims and all liability arising from or related to the use of their Username, Password, or Account. IMG2HTML will not be responsible for any damage resulting from the unauthorized or fraudulent use of the User's Username or Password or the unauthorized use of their Account.

IMG2HTML reserves the right to modify the User's Username or Password if it is for the benefit of the correct operation of the VoIP service or to prevent fraudulent use.

IMG2HTML will not be responsible for any delay or failure in the total or partial implementation of the service, interruptions, or service malfunctions, caused by any network failure due to natural disasters, such as earthquakes, floods, lightning, or fires, terrorist acts, or any force majeure, fortuitous event, and in cases of extreme urgency, such as severe labor disputes or severe lockouts, wars, military operations, civil unrest, or any other situation of a similar nature.

The User acknowledges and agrees to use the IMG2HTML service exclusively for lawful purposes. In this regard, the User may not carry out the following activities, which are illustrative but not exhaustive: a) intercept or monitor, damage or modify any communication not intended for the User; b) send any unsolicited commercial communication that is not permitted by applicable laws; c) use IMG2HTML services or service fraudulently; d) expose other users to offensive, harmful to minors, indecent, or unacceptable material; or e) otherwise violate IMG2HTML etiquette. The User acknowledges and agrees that IMG2HTML has no obligation to offer Emergency Services or short numbers under any law, regulation, or provision in the local or national scope. Additionally, the User acknowledges that IMG2HTML does not replace their primary email service.

The User is solely responsible for the information stored on their device and must refrain from using the Website and the Platform to carry out any illegal activity as outlined in Section 12 (Prohibited Uses).

21.2. Specific Product conditions.

IMG2HTML makes available to the User the resources offered according to the Product selected by the User during the purchase process. This service has the following minimum characteristics:

  • Provision of the logical space contracted by the User for creating emails through the IMG2HTML service.
  • Software based on Python technology.
  • Encrypted connection for the creation and sending of emails.

22. Canceled accounts

If an account exceeds 15 days in a suspended state, IMG2HTML will, after prior notice, proceed to cancel it, resulting in the deletion of all information and services it contains. Likewise, if the User voluntarily cancels their account, IMG2HTML will proceed to deactivate the Organization and delete all associated records. Users may cancel their account at any time through the means provided in these Terms of Use. The User should be aware that each time a Product is deactivated, they are responsible for the information in that Product, and at the time of deactivation, all the information that the service contains may be deleted.

23. Modifications

IMG2HTML will notify the User of changes to these Terms before they occur. If the User does not agree with the changes, they must stop using the IMG2HTML Website and Platform, as well as the services offered through it.

The use of the IMG2HTML Website and/or Platform after notification of changes will constitute acceptance of them by the User.

24. Refund Policy

All payments made to IMG2HTML for services are final and non-refundable. Once a payment has been processed, IMG2HTML does not provide refunds or credits for any reason, including but not limited to: partial use of the service, dissatisfaction with the service, or cancellation of the service by the User. By making a payment, the User acknowledges and agrees to this No Refund policy.

25. Legal regime and jurisdiction

The contract carried out by accepting these Terms is commercial in nature and is governed by its own clauses and, where not provided for, by Spanish legislation contained in the Commercial Code, Special Laws, and commercial practices and, failing that, by the provisions of the Civil Code.

The parties submit to the Courts and Tribunals of Madrid for the resolution of any dispute or discrepancy that arises during the development, execution, and termination of these Terms, expressly waiving any other jurisdiction that may correspond to them, unless such waiver is expressly prohibited by the applicable regulations to these Terms.