All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these Terms of Service and our Privacy Policy.
The following terms and conditions incorporate a legal agreement between you (“You”) and Everything Data Solutions (“Everything Data Solutions”, “SuperPic”) and set forth the terms and conditions by which Everything Data Solutions will make the SuperPic service available in order to electronically provide You with use of and access to SuperPic Data & Services.
For the purposes of this Agreement, “SuperPic Services” shall consist of:
By accessing or otherwise using the SuperPic Service, You acknowledge that You:
superpic.io is a site operated by Everything Data Solutions, an Romanian technology company registered in Bucharest, Romania at the following location:
Everything Data Solutions SRL
11 Logofatul Luca Stroici St, Bucharest, Romania
Everything Data Solutions hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the SuperPic service and use SuperPic Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display SuperPic Data & Services to individual end-users of your application(s), provided
For clarity, and without limiting the forgoing, You are permitted solely to use SuperPic Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of SuperPic Data & Services outside of your application(s).
You shall not:
While usage of the SuperPic Service is not subject to Your end users being made aware by You that Everything Data Solutions is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the SuperPic website at superpic.io would be highly appreciated.
You shall use Your best efforts and take all necessary steps to safeguard SuperPic Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any SuperPic Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of SuperPic Data & Services, You shall immediately notify Everything Data Solutions by emailing support@superpic.io.
In the event that You or any end users use SuperPic Data & Services or the SuperPic in violation of this Agreement, as applicable, Everything Data Solutions shall have the option of electing liquidated damages.
Subject to the terms herein, Everything Data Solutions will provide You with access to SuperPic Data & Services over the Internet through the SuperPic Service. All calls to the SuperPic Service must reference the credentials issued to You by Everything Data Solutions. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the SuperPic Service in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
The extent of Your usage of the SuperPic Service is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the SuperPic Service will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. Everything Data Solutions will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. Everything Data Solutions reserves the right to limit or throttle the number of network calls available to Your application(s) if Everything Data Solutions (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.
You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the {siteName} Service, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the SuperPic Service.
You hereby acknowledge that from time to time, the SuperPic Service may be inaccessible or inoperable for any reason, including, without limitation:
If the SuperPic Service is unavailable to all SuperPic customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT+01:00) and ending at 11:59:59 PM London time (GMT+01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT+01:00) on a Monday and ending at 11:59:59 PM London time (GMT+01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to Everything Data Solutions of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by Everything Data Solutions, You shall be entitled to a refund equal to the amount You have paid for the latest term.
You acknowledge that Everything Data Solutions may from time to time, and in its sole discretion, update or change the content or format of SuperPic Data or the SuperPic Service. Everything Data Solutions shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since Everything Data Solutions strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the SuperPic Service in order to ensure functionality of Your application(s) with SuperPic Data & Services.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that SuperPic (Everything Data Solutions) may include such Subscriber’s name and trademarks in a list of SuperPic (Everything Data Solutions) Subscribers, online or in promotional materials. Each Subscriber also agrees that SuperPic (Everything Data Solutions) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting superpic.io Support.
"SuperPic", "superpic.io", the SuperPic logo and other identifying marks of SuperPic are and shall remain the trademarks and trade names and exclusive property of Everything Data Solutions, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Use of SuperPic Data & Services and the SuperPic Service is licensed, and not sold.
In the course of providing the SuperPic Service, Everything Data Solutions collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the SuperPic Service, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read Everything Data Solutions’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to Everything Data Solutions’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.
You acknowledge that Everything Data Solutions owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the SuperPic Data & Services or the SuperPic Service, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any SuperPic Data & Services or the SuperPic Service.
Everything Data Solutions reserves the right at any time to terminate this Agreement, or withdraw from distributing SuperPic's Data & Services or providing access to the SuperPic Service, if for any reason it no longer retains the right to publish or distribute the SuperPic Data & Services.
The SuperPic Service is provided by Everything Data Solutions in good faith and although Everything Data Solutions endeavours to ensure that SuperPic Data & Services and the SuperPic Service are accurate and obtained from sources believed to be reliable, Everything Data Solutions does not guarantee or warrant:
The SuperPic Service and SuperPic Data & Services are provided “as is” and “as available”, without any warranty of any kind and Everything Data Solutions, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall Everything Data Solutions be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall Everything Data Solutions, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the SuperPic Service, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that Everything Data Solutions’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.
You acknowledge that Everything Data Solutions is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by Everything Data Solutions pursuant to this agreement. Although Everything Data Solutions has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, Everything Data Solutions makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the SuperPic Data or the SuperPic Service. You acknowledge that no part of SuperPic Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end users should seek independent professional advice before making any decisions regarding such issues.
Everything Data Solutions does not represent or warrant that the SuperPic Service, or access to the SuperPic Service, will be uninterrupted or error-free or that errors in the SuperPic Service and/or SuperPic Data & Services will be corrected.
In no event shall Everything Data Solutions, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the SuperPic Service be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the SuperPic Service and/or the SuperPic Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if Everything Data Solutions knew or should have known of the possibility of or could have prevented such damages.
You shall indemnify, defend, and save harmless Everything Data Solutions, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and SuperPic with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and SuperPic relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and SuperPic.
If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. SuperPic's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.
You agree that these Terms of Service, SuperPic's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by Romanian law. You and we both agree to that the courts of Romania will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Romanian law. We both agree to the exclusive jurisdiction of the courts of Romania.
Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.