These Terms and Conditions (these “Terms”) are made and entered into by and between SpeedSize Ltd. (“SpeedSize”) and the client indicated in the applicable Purchase Order (“Client”) with respect to the website/domain URL(s) specified therein (the “Website(s)”), who wishes to receive SpeedSize’s Services (as defined below).
These Terms apply to all Purchase Orders and renewals that take effect on or after the Effective Date (January 1, 2026). Purchase Orders and renewals that have taken effect prior to the Effective Date are governed by the previous version of the Terms, available at: https://speedsize.com/terms/.
Reference is also made to the following documents: Uptime Policy (SLA) and Privacy Policy.
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DEFINITIONS
1.1. Actively Used Images/Actively Used Videos – Client Media which are available on Client’s Website, calculated by SpeedSize prior to the Initial Term and upon each Renewal Term.
1.2. Annual Cap Usages - the maximum annual Usage of the Services, measured on an annually accumulated basis for Actively Used Images, Actively Used Videos, and Traffic, as specified in the Purchase Order.
1.3. Client Media – Images, videos, icons, thumbnails, banners, animations, visual products, and other media assets provided or made available by Client.
1.4. Confidential Information – Any non-public information, such as images and videos or website code, disclosed by one party to the other that is designated as confidential or that reasonably should be considered confidential, including account information, credentials, API keys, tokens, integration details, and business data (excluding information that is publicly known, independently developed, or rightfully received from a third party without confidentiality obligations).
1.5. Fees – The fees payable by Client as set forth in the Purchase Order and below.
Initial Term – The initial non-cancellable term set forth in the Purchase Order (typically between one (1) to three (3) years).1.6. Optimized Media – Client Media after processing by the Services.
1.7. Renewal Term – any additional term following the expiration of the Initial Term during which Services are provided by SpeedSize.
1.8. Purchase Order – A mutually executed Purchase Order, commercial proposal or AWS Marketplace
1.9. Private Offer or sales quote, which specifies the Services, Fees, term, and other commercial details.
1.10. Services – SpeedSize’s media optimization services provided under these Terms.
1.11. Start Date – The commencement date as specified in the Purchase Order or the date of commercial integration, whichever occurs first.
1.12. Success KPIs – KPIs defined by SpeedSize and agreed by the Client as part of the signup process.
1.13. Usage – Client’s usage of the SpeedSize Services, measured on an annually accumulated basis for Images, Videos, and Traffic, subject to the Annual Cap Usages as specified in the Purchase Order.
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PURCHASE ORDERS
All Services are subject to an executed Purchase Order. These Terms control in the event of any conflict with a Purchase Order, unless the Purchase Order expressly modifies a specific provision herein. Purchase Orders not signed and returned within ten (10) days (or such other period specified therein) will void any special pricing or discounts. For initial Purchase Orders, payment must be made in advance prior to SpeedSize commencing Services.
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TERM AND TERMINATION
3.1. Term
The Services commence on the Start Date and continue until the last active Purchase Order expires or is terminated, unless renewed as provided herein. Each Purchase Order shall have its own Initial Term as specified in such Purchase Order. When the Initial Term ends, the Purchase Order will automatically renew for successive Renewal Terms of the same length as the Initial Term, unless Client sends written notice of non-renewal to SpeedSize at support@speedsize.com during the following period before the end of the then-current term: (i) for Clients with a one (1) year Initial Term who are not Enterprise Clients, thirty (30) days’ prior notice; (ii) for Clients with an Initial Term of more than (1) year who are not Enterprise Clients, sixty (60) days’ prior notice; and (iii) for Enterprise Clients, ninety (90) prior days’ notice.3.2. Non-Cancellability or Termination
Client may not cancel or terminate any Purchase Order during the Initial Term or any Renewal Term and Client shall remain obligated to pay all Fees for contracted usage and the actual overage for the entire duration of the Initial Term and each Renewal Term, regardless of Client’s actual use of the Services during the applicable period.3.3. Termination or Suspension for Cause
SpeedSize may terminate these Terms or suspend the Services for material breach that remains uncured after the applicable cure period. The cure period shall be thirty (30) days for all breaches, except that SpeedSize may immediately suspend or terminate the Services following forty-eight (48) hours’ written notice for non-payment. Notwithstanding any termination or suspension, Client shall remain obligated to pay all Fees through the end of the Initial Term or Renewal Term, as applicable.3.4. Effect of Termination or Expiration
Upon termination by SpeedSize or expiration of the Services: (i) Client shall immediately cease using the Services and, after technical consultation with SpeedSize, remove all references to SpeedSize service Subdomains/Prefix/URLs from its Websites and applications; (ii) SpeedSize shall cease serving Optimized Media to Client’s Websites and upon Client's request shall delete all Client Media and Optimized Media within a reasonable period thereafter; (iii) Client shall pay all Fees (including for usage and overage) due, even post termination; and (iv) no refunds shall be due except as expressly provided in these Terms. -
FEES AND PAYMENT
4.1. Fees and Commencement
Client shall pay the Fees set forth in each Purchase Order. Fees commence on the Start Date, irrespective of integration progress or commencement of use in any environment.4.2. Usage Measurement and Annual Cap Usages
All processing counts toward Annual Cap Usages regardless of source, including unauthorized third-party usage, bots, crawlers, or automated access. Client is responsible for all Usage exceeding Annual Cap Usages regardless of the source.Overage for each of Images, Videos, and Traffic is calculated as:
Actual Annual Usage – Purchase Order Annual Cap Usage = Overage.
4.3. Payment Obligations and Consequences
Client may view its Usage at any time in its SpeedSize console. Client acknowledges full responsibility for all Usage and overage fees, for monitoring Usage and to contact SpeedSize when Overage has occurred. No refunds will be provided for usage at a level below the Annual Cap Usage.4.4. Billing and Payment Terms
(a) Invoices shall be issued either directly by SpeedSize, its official partners or via AWS Marketplace, and payment shall be due in each case as set forth in the applicable Purchase Order or, if no payment terms are specified, within ten (10) days of the invoice date.
(b) Where AWS Marketplace is used or a greater scope of Services is required, Client shall accept such revised private offer within no more than seven (7) days. Failure to accept such private offer within such period will incur interest as provided below.
(c) All Fees are non-refundable and non-cancellable.
(d) Prior to renewal, SpeedSize and Client will jointly review Client’s needs based upon historic Usage data and expected growth. SpeedSize may increase fees upon each renewal in an amount of up to ten percent (10%) with respect to the unit price of Images, Videos, and Traffic.4.5. Late Payment
Overdue amounts accrue interest at the lesser of (i) two percent (2%) per month or (ii) the maximum rate permitted under applicable law. Client shall pay all collection costs, including reasonable attorneys’ fees. If any amounts are not paid when due, SpeedSize may terminate or halt the Services upon forty-eight (48) hours’ written notice as provided above.4.6. Taxes
Fees exclude all taxes except taxes on SpeedSize’s net income, which Client shall pay or reimburse. -
MARKETING AND SHARING OF DATA
Client agrees to share the before/after performance analytics data (Bounce rate, Traffic analysis, Time on page, CTR, Loading speed, metrics, etc.) and upon Client’s approval, to share business metrics improvements (including Demo before/after results), for SpeedSize’s promotional and marketing purposes. Client authorizes SpeedSize to use Client’s images, videos, name and logo in its promotional and marketing materials.
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SPONSORED POC
SpeedSize may provide a fourteen (14) day Integration period for use in Client’s development environment only, with no public or commercial deployment permitted during this period. During the Integration period, Client may test the integration and evaluate the Services against Success KPIs related only to (i) Client Media quality; and (ii) Loading Speed improvements. Upon completion of the fourteen (14) day Integration period, if Client-defined Success KPIs have been successfully achieved, Client will use SpeedSize on the production Website and be invoiced for a twelve (12) month Initial Term commencing on the Start Date, and be committed to the total contract duration, as defined in the Purchase Order. If Success KPIs are not achieved, either party may terminate without further obligation within five (5) days thereafter.
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SUPPORT
SpeedSize provides tiered support based on Client’s plan: (i) SMALL & MEDIUM: onboarding support, ongoing email support upon Client’s request, and yearly impact reports; (ii) LARGE: onboarding live support, ongoing email and dedicated expert Slack support, and quarterly impact reports; and (iii) ENTERPRISE: onboarding live support, ongoing email support, dedicated expert Slack support, real-time technical chat, and quarterly or monthly impact reports upon request.
Support is provided during Support Hours (weekdays 9:00 am to 5:00 pm CET / EST (based upon Client’s location), excluding local/national holidays). Client may initiate support tickets during Support Hours by emailing support@SpeedSize.com or via the dedicated Slack channel. SpeedSize will attempt to respond to support tickets within 24 hours on business days. For Enterprise clients SpeedSize will attempt to respond much faster via the dedicated Slack channel based on custom SLA terms with the Client. SpeedSize may provide additional media or other technical consulting services to enhance Website performance. SpeedSize shall not be liable for any claims or damages resulting from implementation of its recommendations.
Further details can be found in the Uptime Policy (SLA).
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INTELLECTUAL PROPERTY
8.1. Client retains all right, title, and interest in Client Media, and is only subject to the limited license to SpeedSize to use Client Media for the Services provided. Upon termination, the Client may request that SpeedSize delete the Client Media, subject to full payment of all outstanding fees.
8.2. SpeedSize retains all rights, title, and interest in the Services, platform, console, algorithms, code, optimizations, and any improvements (even if suggested by Client).
8.3. Subject to payment, SpeedSize grants Client a limited, non-exclusive, non-transferable license during the Initial Term and any Renewal Term to use the Services solely for the pre-specified Websites stated in the Purchase Order by the Client.
8.4. Client grants SpeedSize a worldwide, royalty-free license to process, cache, store, and deliver Client Media solely to provide the Services.
8.5. Client shall not reverse engineer, decompile, rent, modify, resell, time-share, or create derivative works of any SpeedSize technology.
8.6. Client shall treat all account information, including login credentials, SpeedSize’s Client ID, API keys, authentication tokens, and integration details, as confidential and for Client’s exclusive use. Client shall not disclose any such details to third parties without SpeedSize’s prior written consent.
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CONFIDENTIALITY AND NON-DISPARAGEMENT
Each party shall maintain the other’s Confidential Information in confidence (five (5) years post-termination; perpetual for trade secrets) and shall not disparage the other party during the provision of the Services and thereafter.
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WARRANTY AND DISCLAIMER
SpeedSize shall use reasonable efforts, consistent with industry standards, to maintain the Services in a manner that minimizes errors and interruptions and to perform the Services in a professional and workmanlike manner, in accordance with the Uptime Policy. However, the Services may be temporarily unavailable for scheduled or unscheduled maintenance, whether performed by SpeedSize or third-party providers, or due to causes beyond SpeedSize’s reasonable control. SpeedSize makes no warranty that the Services will be uninterrupted or error-free, and does not guarantee any results from the use of the Services. Unless expressly stated otherwise in this section, the Services are provided “AS IS,” and SpeedSize disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, SPEEDSIZE AND ITS SUPPLIERS (INCLUDING TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERRORS OR INTERRUPTIONS IN USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS; (C) FOR ANY MATTER BEYOND SPEEDSIZE’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY THE CLIENT TO SPEEDSIZE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SPEEDSIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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REPRESENTATIONS AND WARRANTIES
11.1. Each party represents it has full authority to enter these Terms and will comply with applicable laws in the performance of these Terms.
11.2. Client represents it has all rights in Client Media necessary to authorize SpeedSize to provide the Services hereunder, without infringement of third-party intellectual property rights.
11.3. The undersigned, represents that the Client executing the Purchase Order has the full authority to bind the Client to the Purchase Order and these Terms of Use on behalf of the Client.
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INDEMNIFICATION
12.1. Client shall defend and indemnify SpeedSize against claims that Client Media (including the processing thereof by SpeedSize) infringes third-party intellectual property rights.
12.2. SpeedSize shall defend and indemnify Client against claims that the Services (excluding Client Media) infringe third-party intellectual property rights.
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MISCELLANEOUS
13.1. Force Majeure.
Neither party is liable for delays or failures due to causes beyond its reasonable control (including acts of God, natural disasters, war, terrorism, government actions, or system failures). The affected party must promptly notify the other and use reasonable efforts to mitigate. Either party may terminate upon sixty (60) consecutive days of force majeure.13.2. Dispute Resolution.
The parties agree that any dispute, claim, or controversy arising out of or relating to these Terms (collectively, “Disputes”) shall be resolved through the following sequential process:(a) The parties shall first attempt in good faith to resolve any Dispute through direct negotiations between senior executives of each party who have decision-making authority for a period of sixty (60) days following written notice of such Dispute.
(b) If the Dispute is not resolved through negotiation, the parties shall attempt to resolve the Dispute through mediation conducted by a mutually acceptable mediator, or if the parties cannot agree, a mediator appointed by the American Arbitration Association in New York, NY, USA;
(c) If mediation is unsuccessful within sixty (60) days of commencement, the Dispute shall be finally resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration taking place in New York, NY, USA before a single arbitrator.
(d) Either party may seek injunctive relief in the courts of New York to prevent irreparable harm. The prevailing party in arbitration shall recover reasonable attorneys’ fees and costs. Subject to applicable law, any Dispute must be brought within twelve (12) months after the cause of action accrues, or such claim shall be permanently barred.
(e) If the Client fails to cooperate with SpeedSize, does not respond to emails or Slack, or refuses to pay for the Services received from SpeedSize for a period of fourteen (14) days or more, SpeedSize shall be entitled to initiate debt collection proceedings and in parallel proceed to the next stage of dispute resolution without any delay or postponement.
13.3. Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles.13.4. Entire Agreement; Amendment
These Terms, together with all Purchase Orders, embody the complete and exclusive understanding between the parties and supersedes all prior negotiations, discussions, and agreements, whether written or oral. SpeedSize reserves the authority to modify these Terms unilaterally by publishing revised terms on its website, which modifications shall become effective upon posting.13.5. Assignment.
Neither party may assign or transfer these Terms or any of its rights or obligations hereunder, without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that either party may assign these Terms without such consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section shall be null and void ab initio. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.