Terms of Service

What these terms cover

We-Amp B.V., a company registered in the Netherlands (KvK 57898138) and based in Castricum, operates modpagespeed.com and the services around mod_pagespeed and its predecessor lines. These terms govern your use of:

• the websites we operate for the product, and the tools on them;
• the free standard package repository at packages.modpagespeed.com;
• the private package repository for Priority and Enterprise subscribers, once it is live (it is being set up); and
• support subscriptions.

They apply from the moment you use one of these services. If you use them on behalf of a company or other organization, you confirm that you are authorized to bind it, and “you” means that organization. These terms do not govern the software itself — the next section explains what does.

The software license

The software — mod_pagespeed, and the predecessor lines mod_pagespeed 1.15 and ModPageSpeed 2.0 — is licensed under the Apache License 2.0. That license, not these terms, governs your rights to install, run, copy, modify and redistribute the software. It applies to every artifact we publish: an artifact you obtain through a subscription carries the same license as a standard package.

Nothing in these terms narrows the rights the Apache License 2.0 grants you. Where these terms and that license appear to conflict about the software, the license prevails. The license text is on the license page and ships with every package. Third-party components inside the software remain under their own licenses, listed in the packages.

mod_pagespeed is an open-source project originally developed at Google. mod_pagespeed is developed by We-Amp B.V. and is not affiliated with or endorsed by Google.

The free standard packages

The standard signed packages at packages.modpagespeed.com are free of charge for everyone, for any number of servers, in development and in production. The repository is public: no account is needed and none is offered, and we do not ask you to register before you install. Every package is signed so you can verify what you install.

We run the standard repository on a best-effort basis. We aim to keep it available and to keep its packages current, but we do not promise uptime, a release schedule, or continued publication of any particular package, and we may reorganize the repository with reasonable notice on this site. The software in it comes with the warranty terms of the Apache License 2.0 — that is, as-is, without warranty — and these terms add none.

Subscriptions

We sell support subscriptions, in three tiers: Standard, Priority and Enterprise. Support comes from the people who build the product: a direct channel, first-response targets for configuration, upgrade and incident questions, and advance notice of security releases. What each tier includes, its price and its first-response target are published on the support and pricing pages; the scope and contact channel of your subscription are set out in your order.

Everything we sign and attest is the same for every user, with or without a subscription: the apt and yum repositories are GPG-signed, release assets are listed with their checksums in a SHA256SUMS file, an SPDX software bill of materials (SBOM) is published in the source tree, and the container images on GHCR are signed with keyless cosign and carry SBOM and build-provenance attestations. A private package repository for Priority and Enterprise subscribers is being set up; it is not delivered yet.

What a subscription grants. For its term, a subscription gives you the support services of your tier and your order. Once the private package repository is live, a Priority or Enterprise subscription also gives you access to it. That access is for your organization: do not share it outside your organization or use it to mirror the repository for others. You may deploy the packages you obtain on as many of your own systems as you like, and you may redistribute them under the Apache License 2.0 — the restriction is on access to the repository, not on the artifacts.

What a subscription does not do. A subscription covers support and, for Priority and Enterprise once it is live, access to the private package repository. The software itself is the same for everyone and behaves the same with or without one. A subscription grants no rights in the software beyond the Apache License 2.0, and it does not make us responsible for your deployment (see Your responsibilities).

How support works. Support is by email to the support address we give you when your subscription starts, unless your agreement names another channel. Our replies carry a ticket number in the subject; keep it when you write back. Software helps us sort tickets and prepare a first draft, but every reply is read and approved by a person at We-Amp before it is sent. If you report a problem as production down (severity 1), only a person can lower that rating. The first-response targets are as follows. Standard support: First response within 2 business days. Priority support: First response next business day; severity 1 (production down) within 8 business hours. Enterprise: Severity 1 (production down) within 4 business hours; other severities per agreement. Response targets are first-response times. Support runs on CET business days, and business hours are CET. The We-Amp support terms at we-amp.com/licensing/ apply alongside these terms, and the privacy notice at we-amp.com/privacy/ describes how we handle support mail.

Ordering and payment. Prices are published on the pricing page. Standard and Priority subscriptions are bought at checkout from FastSpring, the merchant of record; FastSpring processes the payment, and its terms govern the payment and refunds. Enterprise subscriptions are invoiced by We-Amp B.V. directly.

VAT. Prices exclude VAT. At checkout, FastSpring charges the VAT that applies to you; a business in the EU can enter its VAT number there. On an invoice from We-Amp B.V.: customers in the Netherlands are charged 21% BTW; for business customers elsewhere in the EU with a valid VAT number, VAT is reverse charged (“BTW verlegd”, Art. 6 Wet OB 1968 / Art. 44 Directive 2006/112/EC); for business customers outside the EU, including the United Kingdom, the service is outside the scope of Dutch VAT.

Term, renewal and cancellation. Subscriptions run for one year and renew automatically each year unless you cancel before the renewal date. For a subscription bought at checkout, FastSpring emails you a reminder one month before the renewal date. You can cancel at any time; cancellation takes effect at the end of the current term (for consumers, see below). Apart from refunds under FastSpring’s terms for a checkout purchase and those mandatory law requires, fees already paid are not refunded, except for the pro-rata refunds described under Circumstances beyond our control and Changes to these terms. Where your order or a subscription agreement states something different from these terms, the order or agreement prevails for that subscription; the We-Amp support terms apply alongside these terms.

Consumers (EU/EEA). If you are a consumer, you have a 14-day right of withdrawal under Directive 2011/83/EU; for a subscription bought at checkout you exercise it with FastSpring, the seller. If you asked for the subscription to start within those 14 days and then withdraw, you pay only for the support provided until you withdraw. Once a subscription has renewed automatically, you may cancel it at any time with one month’s notice (Article 6:236(j) of the Dutch Civil Code); it then ends one month after your notice, and the fees paid for the period after that date are refunded pro rata. Your mandatory statutory rights are unaffected.

Ending a subscription. We may suspend or end a subscription if you materially breach these terms and do not remedy the breach within 14 days of our written notice; sharing private package repository access outside your organization ends it immediately. When a subscription ends, for whatever reason, support and any access to the private package repository end with it. Your right to keep using, modifying and redistributing every artifact you already obtained does not end: those artifacts are licensed under the Apache License 2.0, and nothing we do under these terms revokes that license.

Acceptable use of the services

When using our websites, tools and repositories, you may not:

• overload, load-test, scrape or benchmark our websites, demo tools or repositories without our written permission;
• circumvent access controls on the private package repository, or share its access details outside your organization;
• submit sites you have no right to test to the analysis tools on this site;
• use the services to attack, disrupt or overload third-party systems; or
• misrepresent the origin or attestation of a build.

These rules are about the services. They do not restrict what you do with the software, which is governed by the Apache License 2.0.

Your responsibilities

The software runs inline in your web stack and rewrites your live HTTP responses. Before you deploy it to production — and before you deploy any new version, configuration change or filter to production — you agree to:

• Test it first in a staging or non-production environment that mirrors your production setup, and confirm it behaves as you expect.
• Keep your own backups and a tested rollback plan, so you can disable the software or revert your configuration quickly.
• Configure the software correctly for your environment and keep it reasonably up to date.

You are responsible for your server configuration, your content and your deployment decisions. Roll out gradually — for example, to a subset of traffic — and monitor before a full rollout. Loss that results from deploying without testing, from misconfiguration, or from missing backups or a rollback plan is attributable to you and reduces our liability accordingly.

Warranty and liability

The software. The software is provided under the Apache License 2.0 on an “as is” basis, without warranties or conditions of any kind. The license says so, and these terms add no warranty on top of it.

The services. We perform support with reasonable skill and care, and we aim to respond within your tier’s first-response targets. We do not warrant that support will resolve every issue, or that any artifact we publish is free of defects or vulnerabilities: signatures, checksums, SBOMs and attestations describe where an artifact came from and what went into it, not that it is defect-free. The free services are provided as-is.

The rest of this section applies to business customers. If you are a consumer in the EU/EEA, see Consumers at the end of this section — these limits do not take away your statutory rights.

We are not liable for indirect or consequential loss. This includes lost profits, lost revenue, lost or corrupted data, business interruption, loss of goodwill, and claims made against you by third parties — whether or not we were told such loss was possible.

Cap on our liability. For all other loss, our total liability to you in connection with these terms, for all claims combined, is limited to the greater of (a) the total fees you paid us in the 12 months immediately before the first event giving rise to a claim, or (b) €500. This is an aggregate cap across all claims, not a cap per claim. It applies regardless of the legal basis of the claim — contract, tort ( onrechtmatige daad), statute or otherwise.

Time limit for claims. You must tell us about a claim in writing within 30 days of discovering the issue, and in any event within 12 months of the event that caused it. After that, the claim lapses.

What we never limit or exclude. Nothing in these terms limits or excludes our liability for fraud; for intent (opzet) or deliberate recklessness ( bewuste roekeloosheid) of We-Amp B.V. or of the persons charged with its management or direction; for death or personal injury caused by our negligence; or for anything else that cannot be limited or excluded under applicable law.

Consumers (EU/EEA). If you are a consumer, nothing in this section reduces your mandatory statutory rights, including your legal warranty rights for digital content and services and your 14-day right of withdrawal. None of the limits in this section applies to you to the extent it would conflict with those rights.

Circumstances beyond our control

We are not responsible for a failure or delay in operating our websites, repositories or support when it is caused by events beyond our reasonable control — for example, outages at our hosting, network or payment providers, internet or infrastructure failures, security incidents, natural events, or government action. While such circumstances continue, our affected obligations are suspended rather than breached. If they continue for more than 60 days, either you or we may end an affected subscription, and we will refund any fees you have paid for the unused period.

Data

The software runs on your servers, sends nothing to us, and never processes your visitors’ data on our behalf. What our websites and services do with personal data, and what the software does and does not send, is described in our privacy notice.

Changes to these terms

We may update these terms as the product, the law or our processes change. Changes that affect a subscription are announced to subscribers by email at least 30 days before they take effect; if you do not agree, you may cancel before that date and we will refund any prepaid fees for the remaining term. Changes to the terms for the free services take effect when published here. The version and date at the top of this page are updated with every change.

Governing law and venue

These terms are governed by the laws of the Netherlands. Disputes arising from these terms or from your use of the services are submitted to the competent court in Amsterdam, the Netherlands. If you are a consumer, you keep the right to bring a claim before the court that the law designates for you.

Severability and survival

If a provision of these terms (or part of one) is found invalid or unenforceable, it is reduced to the minimum extent needed to make it enforceable or, if it cannot be, severed; the remaining provisions stay in full force. The software license, Warranty and liability, Acceptable use of the services and Governing law and venue continue to apply after a subscription or these terms end.

Contact

Questions about these terms or about a subscription go to info@we-amp.com.