The following terms and conditions (the “Agreement”) govern the use of the Alt Text Magic and Minegap LLC websites and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by Minegap LLC (“Minegap”). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.  Minegap reserves the right to terminate the Agreement and/or your use of the Service if you will not comply with any or all of the terms of the Agreement.

This Agreement is between Minegap and you, and any individual, group, or legal entity that you represent in any capacity (“you”). If you enter into this Agreement on behalf of another legal entity, you represent and warrant that you have authority to bind such entity to this Agreement.

1. Submitted content

You retain any rights you may have to content you submit to the Service. You grant Minegap and its service providers the right to temporarily store and modify any content insofar as necessary to provide the Service to you. You represent and warrant to Minegap that you have the rights and legal authority to upload any content you submit to the Service and that your submission of any and all content that you submit to the Service does not violate any law or legal agreement.

2. Limits

You acknowledge and agree that Minegap imposes a limit on the size and the number of requests you may send to the Service. Minegap may change such limits at any time, at Minegap’s sole discretion.  The use of the Service is restricted solely to legal purposes, and you represent and warrant that your use of the Service shall be solely for legal purposes.

3. Payments

By purchasing a product you agree to pay Minegap the listed price. Payments will be charged immediately after purchase.

By purchasing a paid subscription you agree to pay Minegap the applicable fees for your usage of the Service as published on our website and/or as adjusted pursuant to the terms of this Agreement (the “fees”).

You authorize Minegap to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.

Listed prices are in U.S. dollars (USD) and include any sales tax when applicable. The charged prices are equal to the fees plus any estimated amount of sales tax to be paid. Payments are not refundable. You represent and warrant to Minegap that any taxes arising from your use of the Service are your sole responsibility and that any tax-related information you supply to Minegap is accurate.

Should you fail to make payments of any fees, Minegap reserves the right to block your access to your account and use of the Service without derogating from Minegap’s right to collect any unpaid fees including via taking legal actions against you.

Minegap reserves its right at any time and at its sole discretion (1) to change the subscription fees and the Service, (2) to add additional features to the Service, and/or (3) to determine that your use of the Service requires a different subscription fee arrangement.  You agree that you shall not have any claims against Minegap in any such case.

4. Renewals

Subscriptions will be renewed automatically at the end of the subscription period. Renewals will be based on the listed prices at the moment of renewal. You may cancel the automatic renewal at any one time. Your account will then be downgraded to the free service at the end of the current subscription period. For yearly subscriptions we strive to inform customers by mail of upcoming renewals.

5. Ownership

When subscribing to the Service, Minegap grants you a non-exclusive, non-transferable, non-sublicensable, restricted license during your subscription period to use the Service for your own personal or commercial uses.

You may use the Free version without charge provided you are the end user and do not intend to distribute or incorporate it with or into any other product or software package intended for resale or distribution for any purpose whatsoever.

6. Intellectual property

Minegap respects the intellectual property rights of others and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: [email protected].

Minegap asks you to respect the intellectual property rights of Minegap and any owners of any content uploaded via the Service.  You agree that your use of the Service shall in no way be construed as a violation of your intellectual property rights.

All intellectual property rights, including without limitation any patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence in relation to Alt Text Magic and Minegap, including but not limited to the Alt Text Magic website and all content therein, the Alt Text Magic logo, program code, design, and blog posts, are solely reserved to Minegap.  You agree that you will not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the content appearing in the Alt Text Magic website without Minegap’s express written consent.

FOR THE AVOIDANCE OF DOUBT: I) MINEGAP RESERVES ALL RIGHTS IN THE SOFTWARE NOT EXPRESSLY GRANTED TO YOU. II) EXCEPT AS PERMITTED IN THIS AGREEMENT, YOU MAY NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, SELL, DISTRIBUTE, ASSIGN, PLEDGE, SUB LICENSE, LEASE, LOAN, RENT, TIMESHARE, DELIVER, ELECTRONICALLY TRANSMIT OR OTHERWISE TRANSFER THE SOFTWARE, NOR PERMIT ANY THIRD PARTY TO DO ANY OF THE FOREGOING. III) YOU MAY NOT REMOVE FROM THE SOFTWARE, OR ALTER ANY OF THE TRADEMARKS, TRADE NAMES, LOGO’S, PATENT OR COPYRIGHT NOTICES OR MARKINGS, OR ADD ANY OF THE FOREGOING TO THE SOFTWARE. IV) YOU MAY NOT DERIVE OR ATTEMPT TO DERIVE ANY OF THE SOURCE CODE BY ANY MEANS, NOR PERMIT A THIRD PARTY TO DO SO. V) YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR TRANSLATE THIS SOFTWARE OR ANY PART THEREOF. VI) NO LICENSES ARE GRANTED UNDER THIS AGREEMENT UNDER ANY PATENTS OF IMAGES. IF YOU BELIEVE YOU NEED ANY SUCH LICENSES YOU MUST CONTACT ANY THIRD PARTIES YOURSELF DIRECTLY TO OBTAIN THEM.

7. Responsibility

You represent and warrant that:

• your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• you will not use the Service in any manner that may disable, damage or overburden it;
• your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).

Minegap in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.

8. Privacy

At Minegap we take your privacy seriously. Only a minimum of personal information is collected and used in order to administer your account and to provide you the requested products and services.

If you would like to review, correct, or update your personal data, you may do so by signing in to your account dashboard or by contacting Minegap support representatives. Minegap only processes personal data that is required to provide the Service to you. You have the right to data portability, right to access and right to be forgotten. Personal data stored in your account will be deleted upon request, within a reasonable amount of time considering the particular circumstances and the volume of data involved.

If you have privacy related inquiries please contact Minegap by email at [email protected].

9. Data processing operations

Images uploaded to the Service are temporarily stored, optimized and deleted within a reasonable amount of time considering the particular circumstances and volume of images. Requests to the Service can be logged in order to understand how the Service is used and to avoid misuse. A log entry contains information such as browser type, IP address, any API key, date, time, and fingerprint of the transferred file. Log entries are deleted within a reasonable amount of time considering the particular circumstances.

Payments are handled by Minegap’s payment providers. Personal data regarding a payment is stored only with the payment provider.

10. Service providers

Minegap uses data processors in order to provide the Service. This section explains how data is processed. Submitted content will only be shared with these service providers unless required otherwise to comply with the law or requests of governmental entities.

Google LLC, California, USA – Minegap uses Google Cloud Platform for website hosting, information technology and infrastructure services. Your personal data and purchase information is stored with Google. Minegap has a data processor contract with Google for processing of personal data and Google has certified to the EU-US Privacy Shield.

Stripe Payments Europe, Ltd, Dublin, Ireland – Credit card payments are processed by Stripe. Tokenised payment information is used to securely process payments. Card number, expiry date and CVC cardholder information is stored only on the servers of Stripe. For payment purposes Stripe may disclose data to banks and credit card networks. Stripe has certified to the EU-US Privacy Shield.

11. Disclaimer of warranties

The Service is provided “as is”. Minegap and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Minegap nor its suppliers and licensors, make any warranty (1) that the Service will be error free or that access thereto will be continuous or uninterrupted, or (2) that your use of the Service will reach any of your desired results, projections, or other goals. 

You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.

12. Limitation of liability

In no event will Minegap, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement, including without limitation any liability under any contract, negligence, strict liability or other legal or equitable theory, for: (i) any damages, including without limitation any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Minegap under this Agreement during the twelve (12) month period prior to the cause of action. For example, the activity of the Service may be interrupted from time to time, and you agree that neither you nor any third party will have any claims against Minegap in such case.

It is further clarified that Minegap shall have no liability for any interaction between any of its products and your website (for example, Alt Text Magic’s influence on your website’s loading time, SEO optimization, ranking of your website, etc.), or failure or delay in the Service or the use of the Service, and you agree to indemnify and hold harmless Minegap, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of any interaction between any of Minegap’s products and your website or any interruption of your use of the Service. 

IN NO EVENT SHALL MINEGAP, ITS OWNERS, OFFICERS, EMPLOYEES, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13. Indemnification

You agree to indemnify and hold harmless Minegap, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your or any third party’s violation of (1) this Agreement, (2) any law, including without limitation any statute or regulation, and (3) any contract, legal obligation, or other agreement with any third party, including without limitation any government or government entity.

14. Changes

Minegap reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized agent of Minegap, or by the posting by Minegap of a revised version.

15. Applicable Law, Venue, Jurisdiction, Arbitration, Interpretation, and Severability

All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the state of Pennsylvania, without regard to principles of conflict of laws.

The parties to this agreement will submit all disputes arising under this agreement to arbitration in Lancaster, Pennsylvania before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Pennsylvania. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction. If arbitration or any other action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which such party may be entitled.

The descriptive headings contained in this Agreement are included for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.  The use of the word ‘including’ in this Agreement will be by way of example rather than by limitation.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

16. Entire agreement

This Agreement constitutes the entire agreement between Minegap and you concerning the subject matter hereof.  The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.