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Terms of Use

Updated: August 28th, 2024

INTRODUCTION

The following Terms of Use (these "Terms of Use") are a legally binding agreement governing your use of the products and services available at the website located at the URL tools.rotato.app/compress (the "Site"), which was created, and is controlled and operated by Otato GmbH ("Rotato", "we", "us", "ours"). "You", "your", and "user", as applicable, refer to the person or entity registering onto or otherwise using the Site and/or Service (defined below). The Service is provided solely for your own use. These Terms of Use describe the terms and conditions under which we offer you our Compresso's proprietary technology in its various forms (collectively, the "Service") which may be used on the Site, a downloadable software application, or on your website or affiliated websites via any software code that we may make available to you from time to time.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

By registering, clicking "I Agree" or otherwise accessing, using, and/or participating in the Service, you represent that you are capable of entering into and performing legal agreements, and that you agree to be bound by these Terms of Use and the Privacy Policy on this Site. If you register on behalf of a business, you represent to Otato GmbH that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. If you do not agree to all of these Terms of Use and the License, then you may not access the Site or use the Service. The Service is available only to individuals who are at least 13 years old. If you do not qualify, do not attempt to register for or use the Service.

MODIFICATIONS OF TERMS OF USE

Otato GmbH reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. Please review these Terms of Use from time to time to ensure you are updated on the most recent version. Your continued use of the Service constitutes your acknowledgment and consent to the amended Terms of Use.

DESCRIPTION OF SERVICE

A. The Service provides file compression to reduce the file size of users’ files. Users select their files and use the Service to compress and reduce the size of their files while maintaining, to the extent possible, the quality of the files.

B. You remain the owner of your files and compressed files. You may save the files from the Service, and upload your compressed files to other platforms.

C. The Service is provided on a personal basis, and you may not transfer your rights as granted herein to any third party.

D. Otato GmbH may, in its sole discretion, reject, suspend users from the Service at any time if they are found to be in breach of these Terms of Use.

E. All content compressed, optimized or otherwise inserted into the Service is provided by our users. Otato GmbH does not verify the qualifications of users, nor does it evaluate, screen, control, or monitor the content inserted by users into the Service, nor do we have access to the content as it is processed on the user's device locally and not uploaded to our servers unless explicitly and clearly stated otherwise.

F. You are responsible for backing up your content before inserting it to our Service. Uncompressed files are larger (bytes-wise) because they contain more information. This extra information may not be needed in most cases, like serving on a website, but you may need it if you decide to edit, transform, upscale, re-edit, change, correct mistakes, or otherwise repurpose content in those files. We recommend keeping a cold storage of your big files if you're not sure if you'll need it again. When you insert files to the Service, the original resolution, quality, and/or format of your files may be modified. Furthermore, your original files are never stored outside of their original location, and the same goes for the compressed files, unless you explicitly choose to do so. Therefore, you should always preserve your original content or make backup copies of such content (including your compressed files) on your personal system.

G. Otato GmbH may add, change, suspend, or discontinue the Service, in whole or in part, for any reason, at any time, including the availability of any feature or content, without notice or liability to you. Otato GmbH shall not be responsible nor held liable for any failures, errors, unavailability, and/or damages to your content and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality, or applicability of any content inserted into or provided by the Service. In most cases, earlier versions of the desktop software may be available for download on our site or upon request.

You understand and agree that the free version of the Service may be supported by advertising. The Service may display advertisements and promotions on or through the Service, including third-party applications. The manner, mode, and extent of advertising by Otato GmbH on the Service are subject to change at Otato GmbH's sole discretion.

H. The Service may provide links and applications to other Internet websites or resources. Because Otato GmbH has no control over such websites and resources, you acknowledge and agree that Otato GmbH is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

USER SUBMISSIONS

A. You are solely responsible for all content you transmit or submit to Otato GmbH or through the Service, whether created by or for you, including but not limited to graphics, images, files, photos, animation, artwork, text, data, information, scripts, or other material (collectively, "Content"). Otato GmbH disclaims all liability relating to your content. As more fully set forth in this section, you may not submit content that contains any pornographic, infringing, hate-related, violent, or illegal content.

B. You retain copyright and any other rights you already hold in content that you submit, post, or display on or through the Service. The Company does not currently offer any cloud-based services.

C. We cannot scan or otherwise evaluate the content you insert into our Service other than what is possible on your device locally. We do not have access to the content as it is processed on your device locally and not uploaded to our servers unless explicitly and clearly stated otherwise.

D. You represent, warrant, and covenant that (i) you own or otherwise possess all necessary rights with respect to your content, (ii) your content does not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, and (iii) you hereby consent to the use of your content, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the content to use such individual's image for purposes of using the Service in the manner contemplated by these Terms of Use, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release, and/or permission from such individual's parent or guardian (and you agree to provide Otato GmbH with a copy of any such consents, releases, and/or permissions upon Otato GmbH's request). If you submit content that contains the image of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such content.

E. None of the content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Otato GmbH's part, and we will not be liable for any use or disclosure of any content. You acknowledge and agree that Otato GmbH may (but is not obligated to) do any or all of the following, at Otato GmbH's discretion: (a) screen, monitor, and/or filter any content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit, or otherwise use any content (including, without limitation, by suspending the processing and distribution of any order relating to any content); and/or (c) disclose any content, and the circumstances surrounding the transmission or use thereof, to any third party solely to the extent necessary in order to (i) operate the Service; (ii) protect us and our affiliates, distributors, partners, licensors, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; and (iii) comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

USER CONDUCT

A. As a condition of use, you agree not to use the Service or the content for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Otato GmbH. By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate, or intimidate other Otato GmbH users or content providers;
  • In any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
  • For any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Otato GmbH user;
  • To create or submit unwanted email (Spam) to any other users or any URL;
  • To violate any laws in your jurisdiction (including but not limited to copyright laws);
  • Via use of any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
  • To take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
  • To interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • To bypass any measures we may use to prevent or restrict access to the Site.

Otato GmbH, in its sole discretion, may remove any content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), at any time. Please see our copyright policy below.

REGISTRATION

A. You may use our Service either by registering directly on the Site or by connecting to Google account if available. When you set up your Compresso account and register to use the Service, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, Otato GmbH reserves the right to terminate your access to and use of the Service. Otato GmbH's use and disclosure of any such information that you provide is governed by Otato GmbH's Privacy Policy. As part of the account set-up and registration process, you may be asked to select a username and password. Otato GmbH may refuse to grant you a username for any reason in its sole discretion, including in the event that it determines that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. Your username and password are personal. You agree not to transfer or resell your use of or access to the Service to any third party.

B. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

INTELLECTUAL PROPERTY

A. The Service is protected by federal and international copyright, trademark, and other intellectual property laws. All right, title, and interest in and to the Site, the Service, compilations, magnetic translations, digital conversions, software, and other materials related to the Service and any derivatives thereof, including any intellectual property rights therein, are and shall remain at all times the sole and exclusive property of Otato GmbH. All data related to the Site and/or collected by way of the Service on any website shall be the sole property of Otato GmbH. You acknowledge that you do not acquire any ownership rights in or to the Service or such data.

B. All third-party media is the property of the respective third parties. All pages within the Service are the property of Otato GmbH (provided that such pages may contain or link to third-party intellectual property). No portion of the pages within the Service may be reprinted, republished, modified, or distributed in any form without the express written permission of Otato GmbH. Certain content may be licensed by us from third parties; any such licensed third-party content and all intellectual property rights related to such content belong to the respective third parties. You shall not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Service or its content. Any rights not expressly granted by this Agreement with respect to the Service or the Site or any part thereof are reserved by Otato GmbH.

C. As between Otato GmbH and you, any content submitted by you or inserted onto the Service and any intellectual property therein are and shall remain at all times your sole and exclusive property.

D. All trademarks and logos used on this Service are the trademarks, service marks, or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any trademarks to you. Further, nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark used or displayed on the Service without the express written permission of Otato GmbH or the trademark owner.

WARRANTY DISCLAIMER

A. You acknowledge that Otato GmbH has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you, your content, your website, or equipment; the accuracy of how you may interpret, rely, or use the Service, including without limitation any loss of data, loss of quality, or loss of reputation, or what actions you may take as a result of having been exposed to the Service. Otato GmbH assumes no responsibility with respect to the results of any content generated via the Service. You release Otato GmbH from all liability with respect to the Service, and any content inserted onto or provided or accessed via the Service or through the Site.

B. THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OTATO GMBH AND ITS AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. OTATO GMBH DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITATION

A. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL OTATO GMBH OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, ANY API, AND THE CONTENT, EVEN IF OTATO GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

B. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

C. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST OTATO GMBH IS TO DISCONTINUE USE OF THE SERVICE.

INDEMNITY

You agree to indemnify, defend, and hold harmless Otato GmbH, its parents, subsidiaries, affiliates, and their respective officers, directors, and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) your use of the Service, the content, and violation of the Terms of Use by you; or (ii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

TERMINATION

Otato GmbH, in its sole discretion, may terminate or suspend user accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Otato GmbH account, you may simply discontinue using the Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

GOVERNMENT USE

If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and the content each are a "commercial item," "commercial computer software," and "commercial computer software documentation." In accordance with such provisions, any use of such items by the Government shall be governed solely by the terms of these Terms of Use.

EXPORT CONTROLS

You shall comply with all export laws, restrictions, and regulations applicable to the Service. You shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws, or regulations. By using the Service and the content, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Otato GmbH pertaining to the subject matter hereof and supersede any and all written or oral agreements with respect to such subject matter. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind Otato GmbH in any respect whatsoever. These Terms of Use, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of [Your Country]. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. These Terms of Use may be amended only by a writing executed by Otato GmbH. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Otato GmbH to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Otato GmbH's rights with respect to such breach or any subsequent breaches.

OTATO GMBH PRIVACY POLICY

Otato GmbH and Compresso's current privacy policy is available here, which is incorporated herein by this reference.

END-USER LICENSE AGREEMENT

You acknowledge that any software and related documentation that may be available to download through the Service (the "Software") is the copyrighted work of Otato GmbH. You agree that the use of the Software is governed by the terms of the End-User License Agreement which accompanies or is included with the Software.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Otato GmbH's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Otato GmbH, [Your Business Address],
[City, Country, Postal Code];
Email: info@rotato.com

QUESTIONS OR COMMENTS

To report abuse of these Terms of Use, or for any questions or comments regarding the Service, email should be sent to support@rotato.com.

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