Legal
Terms of service
These are the rules between you and us. They are written in plain language on purpose: if anything here is unclear, write to hello@nimbocdn.net and we will explain it.
1. Who we are
NimboCDN is a service operated by DIO Digital E-Commerce Services LLC, a company formed in the state of Wyoming, United States, with its address at 30 North Gould St, Sheridan, WY 82801, USA. When we say "we" or "NimboCDN", we mean that company. When we say "you", we mean the person or business that owns the account.
You accept these terms when you create an account or install the connector on your site. If you accept on behalf of a company, you are stating that you have the authority to do so.
2. What NimboCDN does
We rewrite the addresses of your site's images, convert those images into lighter formats, and deliver them from our global network. Your original files stay exactly where they have always been, on your platform, untouched.
The service has two parts: the connector, which you install on your platform, and the service itself, which does the conversion and the delivery. The WordPress connector exists today; others are planned, with no date. These terms cover the service on any platform.
One measurement, and it does not touch your site: the visits to our own pages — this site, nimbocdn.net — are counted with Google Analytics, to know which pages work. It sees nothing from the sites where the connector is installed. What it collects, for how long, and how to switch it off are in the Privacy policy.
3. Your account and your key
Each site is one account. When you register a site we generate a key that identifies it and authorises delivery of its images. Keeping that key safe is your responsibility: anyone holding it can read the account data and open the billing screen. If you think it has leaked, write to us and we will replace it.
The contact email address comes, by default, from the administrator email of your platform, and is sent when the site is registered. You can change it in the panel at any time. That is the address we use for account and billing notices, and for the occasional emails about the product that you can switch off at any time.
There is no limit on sites: you can register as many as you like, each with its own account and, where applicable, its own subscription.
4. The plans
Free. Covers your home page, with up to 50 new images per month, delivered as WebP in three widths. Unlimited visits, with no charge per visit. It asks for no credit card and it does not expire.
- The allowance of 50 new images renews on the 1st of each month, in universal time (UTC).
- An admitted image counts once and for good: its three widths and whatever formats browsers ask for never consume the allowance again.
- An image that stops appearing on your home page for 30 days stops being served and makes room for another.
- The service, not the connector, decides what your home page is. We visit your site's address and verify every declared image. Only what is really there gets in.
- We never deliver an image larger than the one your platform was already serving.
Pro. Covers the whole site: every page, every image, with no limit on quantity, and in AVIF, which is lighter than the WebP of the free plan. Unlimited visits as well.
Granted plan. A third party — an agency, for instance — can grant Pro to your site for a period. While it lasts, it works as Pro. When it ends, the site returns to free on its own, with no charge and no broken image.
5. Pricing, billing and currency
Pro comes in two billing periods, and you pick the one you want:
- Monthly — R$ 49.90 per month in Brazil, $ 9.90 per month everywhere else.
- Annual — R$ 499 per year in Brazil, $ 99 per year everywhere else. That is twelve months for the price of ten: two months off in either currency.
Either one renews automatically until you cancel.
- The currency is set by the country the paying connection comes from, and is fixed when the subscription is created. It does not change afterwards: switching currency means cancelling and signing up again.
- Monthly to annual, straight away. We credit the days you paid for and did not use, charge the annual price with that credit already applied, and the renewal date starts counting from then. The exact amount is shown before you confirm. If you pay by Pix you will need to authorise a new debit in your banking app, because the previous authorisation was given for a monthly amount.
- Annual to monthly, at the end of the period. Annual Pro runs to its renewal date, and only from there does billing become monthly. There is no refund for time already paid, and you lose none of what you bought.
- We warn you 15 days before an annual renewal. You get an email with the date and the amount, in time to cancel or switch to monthly if you want to. This is a commitment, not a courtesy: a charge a year after you signed up should never be a surprise. Monthly renewals are announced by our payment processor a few days ahead.
- The advertised price is the final price. We do not itemise tax on the charge today. If we become required to collect it in some country, we will tell you before applying it.
- Anyone already on an earlier price keeps it for as long as the subscription stays active.
- Payment is handled by our payment processor. We never see or store your card details.
6. Cancelling and failed payments
You cancel in the panel, whenever you want, without having to talk to anyone. Pro keeps working until the end of the period you already paid for; after that the site returns to free.
If a charge fails, there are three days of grace while further attempts are made. After those three days the subscription is closed and the site returns to free. A payment left incomplete — because a bank confirmation never arrived, say — expires after 15 days.
In none of these cases do your images break. The site goes back to serving what it served before, with no blank page and no missing image.
7. Refunds
We do not refund amounts already charged. You cancel in the panel whenever you want and there is no further charge; unused time in the current month is neither refunded nor prorated.
This rule does not displace the rights that the law of your country gives to someone signing up as a consumer. Read section 18: it prevails over this one.
If you are a consumer in the European Union, you have 14 days to change your mind. They run from the day the contract is made. You do not have to give a reason, and you do not have to use a particular form: an email to hello@nimbocdn.net saying you withdraw is enough, and it counts from the day you send it.
Because you asked us to start delivering straight away, what you pay for is the part you used: we work out the days between the start and your withdrawal, and refund the rest. We return it within 14 days of receiving your notice, by the same means you paid. That is Arts. 9, 14(3) and 16(a) of Directive 2011/83/EU — and note the difference from what many services claim: a subscription is a digital service, not digital content, so starting to use it does not take the right away from you.
If you would rather use the standard form, this is it, and copying it into an email works: “To DIO Digital E-Commerce Services LLC, 30 North Gould St, Ste R, Sheridan, WY 82801, USA — hello@nimbocdn.net: I hereby give notice that I withdraw from my contract for the supply of the NimboCDN service, ordered on [date]. Name: [name]. Address: [address]. Site: [domain]. Date: [date].”
8. What you allow us to do with your images
To run the service we need your permission over your site's images. You grant us a limited, non-exclusive, worldwide, royalty-free licence, revocable at any time, to:
- fetch those images from your site;
- copy and store them;
- resize them, re-compress them and convert their format;
- create derivative versions, which is what a conversion to AVIF or WebP produces;
- cache those versions and deliver them to people visiting your site.
We list it verb by verb on purpose: permission to "cache and deliver" does not cover creating a derivative work, and converting a format is exactly that.
This licence exists solely to provide the service to you and ends when you stop using it. We use your images for nothing else: we do not sell them, do not license them to third parties, do not use them in advertising, and do not train any model on them.
Your original files are not touched, moved or deleted. Everything of yours stays yours.
9. What you promise us
By asking us to serve an image, you state that you hold the necessary rights over it and that delivering it through our network infringes nobody else's rights. If someone sues us over an image you asked us to serve, that liability is yours.
10. Acceptable use
Do not use the service for:
- content that is illegal in any country where it is delivered;
- child sexual abuse material — we report it to the authorities and close the account immediately, without notice;
- content that infringes someone else's copyright, trademark or likeness;
- distributing malware or files disguised as images;
- storing files that are not images, as though we were a file locker;
- opening several accounts for the same site to get around the free plan allowance;
- reselling the service without a written agreement with us;
- generating automated load that degrades the network or other customers' service.
Faced with illegal content, we may suspend the account and purge the cache immediately, with no prior notice.
11. Copyright and reports
To report an image, write to hello@nimbocdn.net with the address of the image, proof that you hold the right, and a statement that the report is made in good faith.
It helps to understand our role: we keep converted copies of images that are hosted on the customer's own site. We do not host the original file and cannot remove it from there. That is why an effective report goes to the originating site. Once the image is gone from the originating site, or where there is a court order, we purge the cache and block delivery.
Accounts that repeatedly infringe the rights of others are closed.
12. How the service can change
We may add, change or remove features. If a change materially harms a paying customer, we give 30 days' notice and you can cancel at no cost within that window.
Price changes are also given 30 days' notice and take effect from the following cycle. Anyone who does not want to continue cancels before then.
13. Availability
We do not promise an availability percentage. The reason is simple: we do not measure it, and we do not publish numbers we have not measured.
What we do promise is the behaviour when something fails. If the service, an image, or any other piece fails, the person visiting your site sees the original image, exactly as it was before. If NimboCDN goes down, your site keeps working with its own images and the connector stops rewriting on its own. We are not a single point of failure for your site. And turning the connector off puts everything back the way it was, immediately.
14. The connector is free software
The connector is distributed under the GPL version 2 or later. You can read the code, modify it and redistribute it under the terms of that licence.
One contractual consequence of that: the connector does not decide plan, allowance or billing. It always rewrites addresses; what gets delivered, in what format and under which plan is decided by the service, on the server side. Modifying the connector does not change your plan.
15. No warranty
The service is provided as it is. We work to keep it running well and we measure what we promise, but we do not guarantee that it will be free of errors, that it will suit a particular purpose of yours, or that it will never be unavailable.
16. Limit of liability
If we cause you harm, our total liability is limited to one month's fee: what you paid us in the month before the event. We are not liable for indirect damages, lost profits, lost revenue or lost data.
On the free plan there is no amount paid, and therefore no monetary compensation under this limit.
This limit does not apply, and we are liable in full, in cases of:
- our wilful misconduct or gross negligence;
- harm caused to you or to third parties by a personal data breach attributable to us;
- any liability that the applicable law does not allow to be limited.
17. When we can suspend or close your account
We may suspend or close an account where section 10 is breached, where payment remains outstanding past the window in section 6, or where an order from a competent authority requires it. Except for illegal content, we give notice first and time to put things right.
You can close whenever you want, by cancelling in the panel. To erase the account data, the procedure is in the Privacy policy.
18. If you sign up as a consumer
Nothing in these terms takes away the rights that the law of your country gives to someone signing up as a consumer. Those rights prevail over any clause here that contradicts them, and the contradicting clause does not apply to you in that respect.
In Brazil that includes the Consumer Defence Code and the General Data Protection Law. In the European Union it includes Directive 2011/83/EU on consumer rights — the 14 days in section 7 come from there — Directive 93/13/EEC on unfair terms, and Directive (EU) 2019/770 on contracts for digital content and services. You may also bring a claim against us in the courts of your own domicile, and where you live in the European Union the mandatory rules of your country apply to you whatever section 19 says.
19. Governing law and venue
These terms are governed by the laws of the state of Wyoming, United States, and matters not resolved otherwise go to the courts of Sheridan, Wyoming — always subject to section 18, which comes before this one.
20. Changes to these terms
When we change these terms, the effective date at the top changes with them. Material changes are announced 30 days in advance to the account's contact email. Continuing to use the service after that means accepting the new version.
21. Get in touch
Any question about these terms: hello@nimbocdn.net. We answer in English, Spanish and Portuguese.