Terms of Service

The basics

We-Amp B.V., a company registered in the Netherlands (KvK: 57898138), operates modpagespeed.com, we-amp.com, iispeed.com, and ngxpagespeed.com, and provides ModPageSpeed software. These terms govern your use of all websites and services operated by We-Amp B.V., and your use of the ModPageSpeed software — whether you run it unlicensed to evaluate it or under a paid subscription. See How these terms apply to you below for when they take effect.

How these terms apply to you

These terms form a binding agreement between you and We-Amp B.V. as soon as you first do any of the following:

• download the software;
• install or run it — including running it unlicensed to evaluate it; or
• accept these terms where we present them — for example, a checkbox on the download page, or an acceptance step for our container images.

We make these terms available to you before you are bound — on this page, at the download and purchase step, and as the license file included with the software package and container image — so you can read them in full before you accept.

The software is free to run and stays fully functional whether or not you hold a paid license (see Evaluation and licensing below), so these terms apply to evaluation use as well as to paid subscriptions. Accepting these terms is separate from buying a license. Using the software in production requires a paid license; evaluating it does not.

If you accept these terms on behalf of a company or other organization, you confirm that you are authorized to bind it, and “you” means that organization. If you are a consumer in the EU/EEA, the Liability section below explains which parts do not apply to you and confirms that your statutory rights are unaffected.

Software license

The software (ModPageSpeed 2.0 and mod_pagespeed 1.15) is distributed today as a commercial binary. These Terms of Service govern your use of the software — whether you run it unlicensed to evaluate it or under a paid subscription — including billing, support, and operational use. Source publication of ModPageSpeed 2.0 under the Business Source License 1.1 is on our public roadmap; see the source license roadmap for details. If source-availability ships during your subscription term, these Terms continue to govern the commercial relationship and the BSL will govern your rights to the published source.

Intellectual property

ModPageSpeed 2.0, mod_pagespeed 1.15, and their documentation are owned by We-Amp B.V., apart from third-party and open-source components that remain under their own licenses (including the Apache 2.0 optimization libraries inherited from the original mod_pagespeed). Your subscription grants a limited, non-exclusive, non-transferable right to use the software on the number of servers included in your plan. Each license is scoped to one or more specific products (for example, ModPageSpeed 2.0 or mod_pagespeed 1.15). A license for one product does not grant rights to use another — the software enforces this technically by rejecting license tokens that do not include the running product. All other rights are reserved.

mod_pagespeed is an open-source project originally developed at Google. ModPageSpeed 2.0 and mod_pagespeed 1.15 are developed by We-Amp B.V. and are not affiliated with or endorsed by Google.

Your subscription

Subscriptions are available on monthly or annual billing cycles. All billing is handled through FastSpring, our Merchant of Record. You can cancel your subscription at any time through the FastSpring customer portal — no emails to support, no hoops to jump through.

Subscriptions are billed immediately when you purchase and then renew automatically at the then-current rate for your plan on each renewal date for your billing cycle until you cancel. You can cancel at any time through the FastSpring customer portal.

Your subscription grants you an Ed25519-signed license key for the number of servers included in your plan. Each key specifies which products it covers and a maximum number of concurrent server instances. The key is for your use only and may not be shared, resold, or transferred to third parties.

The instance limit is a contractual limit — the software will not stop working if you exceed it. However, the software does report the number of active instances (see Data processing below), and we may contact you to arrange an upgrade if your usage consistently exceeds your plan.

Product scope is technically enforced. If you hold a license for ModPageSpeed 2.0 and attempt to use it with mod_pagespeed 1.15 (or vice versa), the software will reject the key. Contact [email protected] if you need to add a product to your license.

Instance limits

Each plan includes a maximum number of concurrent server instances. For example, a Pro plan covers up to 5 servers. This limit is contractual, not technical — the software will continue to operate normally even if you temporarily exceed it.

We monitor instance counts using the heartbeat described under Data processing. If your usage consistently exceeds your plan limit, we will contact you to discuss an upgrade. We will not disable a running service over an instance-count overage without first contacting you.

Ephemeral instances (containers, autoscaling groups) that appear and disappear are normal. Heartbeat records expire after a period of inactivity (typically around 30 days), so short-lived instances do not permanently count against your limit.

We consider usage "consistently exceeding" your plan when the average number of active instances over a rolling period (approximately 30 days) exceeds your plan limit. We will always contact you to discuss an upgrade before taking any action. Short-term spikes from deployments, autoscaling, or testing do not trigger enforcement.

Evaluation and licensing

ModPageSpeed is always functional: it optimizes regardless of license state. To evaluate the software, install and run it unlicensed — you get the same features and the same performance as a licensed installation. While unlicensed, the engine adds an X-PageSpeed-Warn: unlicensed header to every response, logs a startup warning, and shows a notice in the admin console.

A commercial license is required for production use. When you are ready, purchase a subscription through FastSpring, our Merchant of Record. Subscriptions are billed immediately on purchase and renew automatically at the then-current rate until cancelled (see Your subscription above).

Payment

FastSpring is our Merchant of Record. They handle all billing, sales tax, VAT, and invoicing on our behalf. Your payment relationship is with FastSpring, and their terms apply to the payment process.

Cancellation & refunds

You can cancel your subscription at any time through the FastSpring customer portal. When you cancel, your subscription remains active until the end of the current billing period. You continue to receive updates and support until then. After the billing period ends, the engine keeps optimizing, but the installation becomes unlicensed for production use: it adds an X-PageSpeed-Warn: unlicensed header to every response, logs a startup warning, and shows a notice in the admin console until a license is restored.

Refund requests are handled by FastSpring as Merchant of Record, subject to their refund policy.

EU/EEA consumers have a 14-day right of withdrawal under EU Directive 2011/83/EU. Because the software is downloadable digital content, this right ends before the 14 days are up only if all of the following are true: (i) you give your prior express consent to begin the download immediately, (ii) you acknowledge that you thereby lose your right of withdrawal, and (iii) we confirm this to you on a durable medium (for example, by email). Until all three apply, your withdrawal right is unaffected. For details on exercising this right, contact [email protected] or use the FastSpring customer portal.

Acceptable use

You may not:

• Reverse engineer the license key signing mechanism
• Tamper with, disable, or circumvent the instance heartbeat or license renewal mechanism
• Share, redistribute, or sell license keys
• Use the software to attack, disrupt, or overload third-party systems
• Scrape, benchmark, or load-test our website or demo infrastructure without permission

Data processing

ModPageSpeed runs entirely on your servers and does not process or transmit your visitors' data to us.

Unlicensed (evaluation) installs transmit nothing to us. When you run the software without a configured license key — the always-functional evaluation mode described under Evaluation and licensing — it makes no connection to We-Amp: no license renewal, no instance heartbeat, no activation attempt, and no telemetry. The soft “unlicensed” signals (the X-PageSpeed-Warn: unlicensed header, the startup warning, and the admin-console notice) are produced locally on your own server and are never sent to us.

If you hold a license, the software communicates with our license service at api.modpagespeed.com in two ways:

• License renewal. As your license approaches renewal — on a periodic check, or when the admin console is used — the software contacts our API to renew its license token.
• Instance heartbeat. During the same renewal call, the software sends a pseudonymous instance identifier, the product identifier (e.g., "mps2"), the software version, and basic build information about the package (server type, operating system, architecture, and distribution). The instance identifier is a SHA-256 hash derived from your subscription ID and a locally generated random UUID — no hostnames, MAC addresses, or other machine-identifying information ever leaves your server.

License activation and consent calls happen only when you initiate them yourself from the admin console — never automatically.

We use the heartbeat data solely to count concurrent server instances per subscription. Heartbeat records are automatically deleted after a period of inactivity (typically around 30 days). The legal basis for the renewal itself is performance of your subscription contract. The legal basis for the instance count is our legitimate interest (license compliance in a B2B context). You have the right to object to this processing by contacting [email protected]. Full details are in our privacy policy.

Termination

We may suspend or terminate your license if you breach these terms. We will notify you by email and provide 14 days to remedy the breach before termination, except where the breach involves redistribution of license keys or circumvention of the licensing mechanism (immediate termination).

Upon termination, your license key is invalidated and the installation reverts to the unlicensed state: the engine keeps optimizing but adds an X-PageSpeed-Warn: unlicensed response header and logs a startup warning. Continued production use after termination requires a new commercial license.

Your responsibilities

The software runs inline in your web stack and rewrites your live HTTP responses. Because of that, 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 quickly disable the software or revert your configuration if you need to.
• 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. You should roll out gradually — for example, to a subset of traffic — and monitor before a full rollout. We are not responsible for loss that results from deploying to production without testing in staging first, from misconfiguration, or from a failure to keep backups or a rollback plan. If loss results in whole or in part from your not meeting these responsibilities, that loss is attributable to you and reduces our liability accordingly.

Liability

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.

The software is provided “as is.” We work hard to ship reliable software, but we do not warrant that it will be uninterrupted or free of bugs. How you deploy and run it is your responsibility (see Your responsibilities above).

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 for each claim. This cap and the exclusions above apply regardless of the legal basis of the claim — whether in 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; intent (opzet) or deliberate recklessness (bewuste roekeloosheid) of We-Amp B.V. or of the persons charged with its management or direction (leidinggevende functionarissen); death or personal injury caused by our negligence; or 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 your 14-day right of withdrawal under EU Directive 2011/83/EU. None of the limits in this section — the “as is” disclaimer, the exclusion of indirect or consequential loss, the liability cap, and the time limit for claims — applies to you to the extent it would conflict with those rights. Your purchase is processed by our Merchant of Record (FastSpring), whose terms also apply to the sale.

Circumstances beyond our control

We are not responsible for any failure or delay in operating our websites, the license service, 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 the affected subscription, and we will refund any fees you have paid for the unused period. This does not affect your right to cancel as described above, or any mandatory statutory rights you have as a consumer.

Governing law & disputes

These terms are governed by the laws of the Netherlands. Any disputes arising from these terms or your use of the ModPageSpeed software (ModPageSpeed 2.0 or mod_pagespeed 1.15) shall be submitted to the competent courts of Amsterdam, the Netherlands.

Severability

If any provision of these terms (or part of one) is found invalid or unenforceable, it will be reduced to the minimum extent needed to make it enforceable — for example, an over-broad liability limit will be read down to the maximum permitted by law rather than struck out entirely — or, if it cannot be, severed. The remaining provisions stay in full force.

Survival

The following continue to apply after your subscription or these terms end, are cancelled, or expire: Intellectual property, Liability, the time limit for claims, Data processing, Acceptable use, and Governing law & disputes.

Changes to these terms

We may update these terms from time to time — for example, as the product, the law, or our processes change. Material changes — anything that affects your rights or obligations — will be communicated via email at least 30 days before they take effect, and the version identifier at the top of this page will be updated. If you keep using the software after a change takes effect, you accept the updated terms; if you do not agree, stop using it in production and, if you hold a subscription, you may cancel as described under Cancellation & refunds.

Contact

Questions about these terms? Reach us at [email protected].