CloudMe > Legal > EULA

CLOUDME USER AGREEMENT

Version 1.2. Updated 2018-05-24.

Welcome to the User Agreement for the CloudMe Service

This User Agreement (“Agreement”) is an agreement between any person or legal entity (“User”) registered to use or access the CloudMe Service from CloudMe AB, registration number 556741-2431, Box 569, 581 07 Linkoping, Sweden, EU (“CloudMe”) the information service provider. This Agreement covers your use of and access to the CloudMe Internet Service, its Application Programming Interface (“API”) and any of its client applications developed by CloudMe (jointly the "CloudMe Service"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with CloudMe for products, software or services.

By registering and activating your account with the CloudMe Service, and by using the CloudMe Service, you accept and agree to be bound by the terms and conditions of this Agreement and any related policies or guidelines as amended by CloudMe from time to time. You are also bound to certify that you are at least of the legal age of 16 years to enter into this agreement and that you have the permission of your guardian if you are under the legal age in your country. If the User is a legal entity, you hereby certify that you have the binding authority for that entity and understand that this Agreement otherwise will be null and void.

IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THIS AGREEMENT, YOU MUST NOT USE THE CLOUDME SERVICE.

The CloudMe Service and its information, content, and software displayed on the CloudMe websites or transmitted through or used in connection with the CloudMe Service, are owned by CloudMe, and are protected by copyright, trademark and other intellectual property laws and international treaties. Each respective User owns and is responsible for the content uploaded, downloaded, synced and shared through the CloudMe Service. The CloudMe Service does not claim any ownership of User content. The User profile photo, username, and name is provided under a non-exclusive, revocable license to CloudMe, to be displayed and used, free of charge, throughout the CloudMe Service and affiliate services during the term of this Agreement.

License to use the CloudMe Service

During the term of this Agreement, CloudMe grants you a non-exclusive, revocable license to use the CloudMe Service, subject to the terms and conditions of this Agreement.

Restrictions

Except as expressly permitted under this Agreement, you agree not to:

Use the encryption and decryption capabilities of the CloudMe Service in countries were such technology is unlawful or use encryption to store unlawful content.
Modify, distribute or create derivative works based on the CloudMe Service.
Rent, lease, lend or sell access to or otherwise make available to others the CloudMe Service or any part thereof.
Decompile, deobfuscate, reverse engineer or copy the CloudMe Service.
Use the CloudMe Service for archiving, the User is responsible for keeping a local mirrored copy of any information stored in the CloudMe Service (use CloudMe Sync with download only as mode to backup folders and/or use additional backup software on connected devices).
Use the CloudMe Service or its API’s to SPAM or mass market information through the service built in mechanisms to recipients who have no prior relationship with you
Use the CloudMe Service for hosting services and/or build services that make accounts or charge money by using free CloudMe accounts without express permission from CloudMe.
Use the CloudMe Service to host content for third party websites, mobile apps or applications.
Use the CloudMe Service for; copyright infringement, terrorism, religious fanaticism, abuse, bullying, child pornography, or any other extreme or unacceptable purpose (as determined by CloudMe in its sole discretion).

Trademarks

The CloudMe registered trademarks (including without limitation; CloudMe and the cloud symbol), logotypes, graphics, photos and trade names displayed within the CloudMe Service may not be used without CloudMe's express permission. CloudMe is a registered trademark â including without limitation; European Union, USA, Canada, Mexico, Korea, Japan, Brazil, and Argentina.

Accounts, Passwords and Security

You must be a registered User to use the CloudMe Service. As a User, you are responsible for keeping your password secure. Usernames are non-transferable and may not be changed. You are responsible and liable for all activities that occur under your username. Sharing and/or providing and/or securing third party access to others’ copyright content may be unlawful and is not allowed under this Agreement. You may not give other people your username and password in order to share content or collaborate, all sharing or collaboration must be done through the built in sharing functionality of the CloudMe Service (“WebShares”). Password recovery will only be allowed to your registered email address, if you fail to register a correct email address and loose your password, you will not be able to access your account, including access to any files.

Cooperation with authorities

CloudMe reserves the right at any point to cooperate and disclose any information with any national or other authorities (in its sole discretion) for the purpose of fighting terrorism, religious fanatics, abuse, bullying, child pornography or any other extreme or unacceptable purpose. CloudMe also reserves the right, in such cases to immediately terminate, block or suspend use of any account, group, content, WebShare, and/or application by, from or to any or all relevant users.

CloudMe deactivating your Account

CloudMe has the right (at its sole discretion) to delete or deactivate your CloudMe Internet account, block your email or IP address, or otherwise terminate your access to or use the CloudMe Service without notice at any time for any reason. Deactivation may be the result of a breach of this Agreement. All free accounts will automatically be deleted after six (6) months of User inactivity, counting from the last login date. Paid for accounts will be active as long as they are paid for. The User agrees to use a paid for subscription plan if information shall be stored for a long time without any logins for periods over 6 months.

User Created Groups, Communities and WebShares

CloudMe has the right (at its sole discretion) to hide, block, suspend, remove, move or rename any created group, community or WebShare without notice at any time and for any reason. When creating a group, community or WebShare, an inoffensive and lawful name should be used. As the creator of a group, community or WebShare, you are responsible for its name, contents, shared storage, followers, and Users. Supervision is thereby required by the User and creator until the WebShare is unpublished, group is removed or community is closed.

Third party sites, services, hardware, applications and bookmarks

Third party sites, services, hardware, applications or otherwise using the API or the CloudMe Service are independent third parties and are not within our control. In order to grant them access you as the User will login to the CloudMe Service using these software and/or services, thereby granting them permission to act on your behalf and to access your account and related information. The sites and services to which we link (including, but not limited to Pixlr, YouTube, and Thumbs.org) are independent third party sites and are not within our control. CloudMe does not condone, encourage, or approve of any illicit activity in relation to any third party sites, services, hardware, applications or otherwise. This includes all sites used with the help of CloudMe's bookmark launcher. Your use of these third party sites, services, hardware, applications, and bookmark capabilities is your sole responsibility. CloudMe is not liable for any claims, suits, losses, damages or costs arising out of your use of such sites, services, hardware, applications or bookmark capabilities.

Third party services

The CloudMe Service uses third party services in order to provide you the service. These services are Matomo, Mixpanel, Google Fabric, and Zoho Office. You hereby grant us the explicit permission to;

Use Matomo and Mixpanel to collect data on usage activity through the CloudMe website and software. We use this information to optimize user interaction workflow, to know which markets we are used on, to find user experience bugs, and to improve the service.
Use Zoho Office to open office productivity related files through the CloudMe Service. This enables you to view and edit office documents, but will temporary transfer the document to the Zoho service while working on the document. Do not double click, open or choose to edit office documents through the CloudMe Service if you think that this will be in breach of your local legislation (Zoho Privacy Policy). This feature can be turned off under My Account.
Use Google Fabric to monitor the local installed CloudMe software on devices in order to understand usage patterns, crash or bugs in our software, and enable us to improve the service.

Our use of the above mandatory services are in compliance with General Data Protection Regulation (GDPR), however the limited information related to an individual stored by these services will be under rule of the US Cloud Act (H.R. 4943). The use of the non-mandatory Zoho Office is not guaranteed to be in compliance with GDPR. CloudMe is entitled to employ subcontractors to perform its obligations pursuant to this Agreement if CloudMe assumes liability for its subcontractors and they are declared under Privacy Policy.

Processing of User information

The User is responsible for keeping all Personal Data up to date, including email address. Failure to do so might result in loss of access to the CloudMe Service and ultimately lead to account and data deletion. CloudMe collects and processes the personal data about the User during registration, through the My Account page, and while using the service (“Personal Data”) in order to provide the CloudMe Service and to full fill its legal obligations under this Agreement and obligations to authorities. The My Account page can always be used to review, correct, or request a data dump of Personal Data.

I consent that CloudMe stores Personal Data (name, email, username, online identifiers, device identifiers, IP address, and billing address if provided) as long as I use the service or it is legally required by authorities to keep the data for CloudMe
I consent that CloudMe stores any personal content that I upload, synchronize, or otherwise make available to the service and that such information is not to be considered Personal Data
I consent that my Personal Data and usage patterns of CloudMe may be used to target emails with campaigns, promotions, competitions, and information about features and things not yet explored in the CloudMe Service
I consent that identifiers in the Personal Data may be used by CloudMe in combination with third party services for usage statistics; Matomo and Mixpanel
I consent that if I signed up to the CloudMe Service through a partner to CloudMe, that my Personal Data is made available to the aforementioned partner. Partner affiliation if any, is displayed under the My Account page.

Through this Agreement the User hereby explicitly consent to the use of Personal Data in accordance to the terms presented in this Agreement and at each time applicable Privacy Policy and Cookie Policy on the CloudMe website.

Communication

The User agrees and consent to that CloudMe may always contact the user in relation to issues that relates to the user account, support, payment, blocking of account access, scheduled removal of account, password recovery, other users sharing information to the User, updates to the software, security issues, legal obligations and similar events through email, postal mail, in app communication or push notification, whatever makes the most sense or all of the aforementioned channels (“CloudMe Subscription Communication”). It is understood that such communication can not be opted-out unless this Agreement is terminated.

All other communication is provided according to an opt-in model as is chosen during sign up or through detailed configuration at the My Account page. This communication include, but are not limited to; Newsletters, Promotions, Campaigns, Feedback, Blog Posts, Surveys, Advertisement re-targeting, and Customized Online Advertisement.

The CloudMe Service will use Push Notification communication as a mean to communicate with a User if any of our applications are installed. Opting out of such communication is handled using the operating system and/or software of each device were push notifications are set. This Agreement consent that CloudMe have the right to use push notification as a mean of communication to each device the User has installed the CloudMe software on.

Premium Subscriptions

The User acknowledges that there is a free price plan of the CloudMe Service and that the free plan allow the user to explore and familiarize with the features and functionality of the service. Upgrades to a paid for plan will add more available storage to the CloudMe Service for the User and/or additional sets of features. All consumer accounts are sold included with applicable value added tax (VAT) for the country of origin of the user. It is the responsibility of the User to provide correct information about the country of residence in order for CloudMe to pay the correct VAT the applicable tax authority. All sales are final and non-refundable. The User agrees to use the free price plan as a trial to see if the CloudMe Service meets the requirements and expectations of the User. All business plan prices are displayed without VAT, the correct VAT will be added depending on the country of origin of the User. Legal entities within the European Union that reside outside of Sweden with a valid VAT number will be billed without any VAT in accordance to the EU reverse charge VAT Directive.

All fees are paid in advance for the upcoming month or year depending on price plan. The CloudMe Service for legal entities includes a 30 day trial, were the invoice for the next month is sent out during the trial period and needs to be paid before the end of the trial period in order for the subscription to continue. VAT invoices are only provided for legal entities and are not provided to consumers, a User requiring a VAT invoice agrees to use a price plan for businesses or legal entities.

If a User has not made payment according to an invoice, credit card charge failed, or the annual subscription was not renewed in time, CloudMe will send out one reminder to the User. If the User still fails to provide payment, CloudMe reserves the right to immediately cancel the subscription and close the User account, terminating this Agreement. Further CloudMe is entitled to seek compensation for recovery of outstanding funds, enforced collection and also statutory interest rate. Payments made in advance will not be paid back upon the termination of this Agreement, however if a price plan is downgraded to a smaller price plan, any prepaid amount not used and sufficient, count as additional available months upon the expiration of the smaller subscription.

Limitation of Liability

YOUR USE OF THE CLOUDME SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE CLOUDME SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT OF THE LAW, CLOUDME EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR APPLICABLE BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT. TO THE FULLEST EXTENT OF THE LAW, CLOUDME SHALL NOT BE LIABLE FOR ANY CLAIMS, SUITS, LOSSES, DAMAGES OR COSTS ARISING OUT OF ANY ERROR(S) IN RELATION TO THE CLOUDME SERVICE.

Indemnification

You agree to indemnify, defend, and hold harmless CloudMe, its officers, directors, employees, agents, licensors and suppliers from and against all claims, suits, losses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement or any activity related to your CloudMe Service account by you or any other person accessing CloudMe or third party sites, services, hardware or applications using your account.

Amendments to Agreement

This Agreement may be amended by CloudMe from time to time. Any amendment shall be effective from the time of posting on the webpage. CloudMe may restrict access to your account until you have explicitly accepted a new Agreement.

Disputes and Governing Law

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity of any provisions of the Agreement, shall be handled by a public court in Sweden, European Union. The place of the proceedings shall be Linköping, Sweden, and the language to be used Swedish.

This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of Sweden.

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