Terms of Service
Thank you for using CloudApp. These terms of service constitute a binding agreement and govern your use of CloudApp and access to CloudApp’s websites, including getcloudapp.com, my.cl.ly, and cl.ly web sites (the "service"). By using any of CloudApp’s (“we” or “us”, and includes CloudPlus, Inc.) services, or accessing any of our websites, you are agreeing to be bound by the following terms of service. Before using our websites and/or services, we encourage you to carefully read this agreement.
If you are entering this agreement on behalf of a company or other legal entity, you are representing that you have the authority to bind that entity, its affiliates, any all users who access our services through your account. In that case, the terms “you” or “your” refer to the company or legal entity, and the users associated with them. If you don’t have the authority, don’t agree to these terms and conditions on behalf of a company or other legal entity.
We have the right to update and change the terms of service from time to time without prior notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account. While we prohibit certain conduct and content on the service, you understand and agree that we cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
CloudApp Public (free) Accounts. If you have a CloudApp Public (free) account, you understand and agree that all of the information, photos, and other content that you upload, publish, display or create through the services (the “User Content”) will be available to anyone who has access to the internet (“Public User Content”). Public account holders with specific licenses may be able to create Private User Content, as defined below, including the option to create unlisted/private content. You understand and agree that Public User Content (a) can be viewed by other CloudApp users, (b) will appear in the searchable CloudApp database, (c) will appear in publicly available search engines, and (d) will be available for other users to access and view online. Accordingly, you hereby grant to each CloudApp user and to the public, a worldwide, non-exclusive license to access, view, publicly perform, publicly display and communicate to the public your Public User Content. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Public User Content. You further acknowledge and agree that no compensation will be paid to you with respect to the use of your Public User Content. When you provide Public User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the websites. This license ends one year after you delete the Public User Content or your account is closed (either by you or by us), except to the extent that the Public User Content has been shared with others and they have not deleted it. If you choose to remove your Public User Content, you acknowledge that we may retain archived copies of the Public User Content.
Paid Private CloudApp Accounts. If you are making use of the service to display or edit User Content that you do not wish to be accessible or viewable by other Cloudapp users or the public (“Private User Content”) – or if you wish to display or edit your User Content – you are required to have a paid Cloudapp account. User Content designated as Private User Content will not be available to the public. Rather, they will be available to you, and to those Cloudapp users with whom you have chosen to share such Private User Content. You may invite one or more people (a “Viewer”) to view your content by sending them a “share” or “invite” link. You hereby grant to each invited Viewer a worldwide, non-exclusive license to access, view, publicly perform, publicly display and communicate to the public your Private User Content. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Private User Content. When you provide Private User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the websites.
To use the service, you must:
Be 13 years or older and be a human. Accounts registered by "bots" or other automated methods are not permitted. Provide a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password.
We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person - a single login shared by multiple people is not permitted. If you are part of a team or business account each user must have their own email account.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
You may access your CloudApp account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the service, is bound by these terms of service plus the following specific terms:
We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the API or third- party products that access data via the API.
Abuse or excessively frequent requests to CloudApp via the API may result in the temporary or permanent suspension of your account's access to the API. We will determine abuse or excessive usage of the API, in our sole and absolute discretion. We will make a reasonable attempt via email to warn you prior to suspension.
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
Free accounts are not required to provide a credit card number.
All paid plans must enter a valid credit card. You will be immediately billed upon upgrade from the free plan to any paying plan. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Downgrading your service may cause the loss of content, features, or capacity of your account. We are not liable for any such loss.
If you are added to a team account as a user or administrator, after 60 days your existing individual account balance will be credited pro-rata to the team account. During the 60 days your individual subscription will remain active should you wish to leave the team account you may provide a personal email address to the support team and we will remove you from the team domain and revert to your individual subscription.
Cancellation and Termination
You are responsible for canceling your account. Our help center details the steps here or by emailing us at firstname.lastname@example.org (make sure to include your account email address). Using our chat service does not constitute a cancellation as we need to use your submitted email as a way to confirm you own your account.
Modifications to the Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Our prices, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the CloudApp websites or the service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours. However, if you set your User Content to be viewed publicly or if you use the services under a CloudApp Public (free) account and create Public User Content, you understand and expressly agree to allow others to view your content.
We do not pre-screen content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the service.
You represent, warrant, understand and agree that you will not use the websites or the services or upload any User Content that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) adversely affects or reflects negatively on our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the websites, or from advertising, liking or becoming a supplier to use in connection with the websites; (e) circumvent, disable or otherwise interfere with security-related features of the websites or its features that prevent or restrict use or copying of any content; (f) intercept or attempt to intercept email or other private communications not intended for you; or (g) use the service in a manner that adversely affects the availability of its resources to other users.
You agree to defend us against and hold us harmless from any claim, demand, suit or proceeding made or brought against us by a third party alleging (x) any breach of your representations, warranties or obligations of this agreement, or (y) that your User Content (including Public User Content and/or Private User Content) or use of the service in violation of this agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any awarded damages and our reasonable attorney’s fees incurred in connection with any such claim, demand, suit or proceeding; provided, that we (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (3) provide you reasonable assistance, at your expense.
We respect the intellectual property rights of others and will terminate the accounts of users who are repeat copyright infringers. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the websites reasonably sufficient to permit us to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under theDigital Millennium Copyright Act ("DMCA"). Claims can be directed to us at: CloudApp c/o CloudPlus, Inc. 548 Market St. #35577 San Francisco, CA94104 email@example.com.
Disclaimers and Limitation of Liability
The service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website. We makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.
Your use of the service is at your sole risk.
Technical support is provided on the basis of your account plan. You can find more details at getcloudapp.com/pricing
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Our service availability is subject to the availability of these third party service providers.
You grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided relating to the operation our services.
You grant permission to us to use your logo, feedback, or comments on the CloudApp website, or any other marketing material when referring to you. You will retain all title and rights to such logos. If you have questions or concerns about this policy, please contact firstname.lastname@example.org.
You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, CloudApp, CloudPlus, or any other CloudPlus service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without our express written permission.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these terms of service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our customers, employees, members, or officers will result in immediate account termination.
You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
A small number of users are responsible for generating large volumes of traffic on our network, which can impact the service we offer to our other users. Our fair usage policy is designed to ensure that all users receive a fast and reliable service.
Our Pro, Team, and Business subscribers are part of a separate hosted network than our free users to provided dedicated performance.
If your bandwidth usage (also known as data transfer) exceeds the fair usage policy in a single calendar day, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Our failure to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).
This site (excluding any linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California by accessing this site both of us agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof.
Questions about the terms of service should be sent to email@example.com.