Oficloud Terms of Service
These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). By using our Services, you're agreeing to be bound by these Terms. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.
1. When you use our Services, you provide us with things like your files, content, email messages, contacts and so on ("Your Stuff"). Your Stuff is always encrypted from origin and we don’t receive the keys to decrypt it.
2. If you allow others to access the service (by, amongst other things, inviting them to create an user account associated to your account), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
3. You should keep your password and encryption keys safe and confidential. You must not share your password with anyone else and should not release encryption keys to anyone else unless you wish them to have access to your data. If you lose or misplace your password, you will lose access to your data. We strongly urge you to use best practices for ensuring the safety of your system and devices (e.g. via security upgrades, firewall protection, anti-virus software, securing your devices). Oficloud will never send you emails asking for your password or suggesting that you click a link to login to your account, so do not be fooled by any such email since it will not be from us.
4. You must maintain copies of all data stored by you on our services. We do not make any guarantees that there will be no loss of data or the services will be bug free. You should download all data prior to termination of services.
5. We will store your data on our service subject to these terms and any plan you subscribe to. If you choose to stop using our services, you need to make sure you download your data first because after that we may, if we wish, delete it. If we suspend our services to you because you have breached these terms, or someone you have given access to has breached these terms, during the term of that suspension, we may, if we wish, deny you access to your data but keep it for evidential purposes. If we terminate our services to you because you or someone you have given access to has breached these terms, we may, if we wish, keep your data for evidential purposes. In circumstances where we cease providing our services, we will, if reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 30 days' notice to retrieve your data.
6. You're responsible for your conduct, Your Stuff and you must comply with our Terms. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
7. We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
8. Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
9. You agree not to misuse the Oficloud services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
10. We collect and use the following information to provide, improve and protect our Services:
Account. We collect, and associate with your account, information like your name, email address, phone number, payment info, and physical address. Some of our services let you access your accounts and your information with other service providers.
Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies. We use technologies like cookies, LocalStorage and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
11. We may share information as discussed below, but we won't sell it to advertisers or other third-parties.
Others working for Oficloud. Oficloud uses certain trusted third parties to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy terms.
Other users. Our Services display information like your name and email address to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other users.
Other applications. You can also give third parties access to your information and account - for example, via Oficloud APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
12. Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
13. We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Oficloud’s other services, so please keep that in mind.
14. The Services are protected by copyright, trademark, and other laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Oficloud trademarks, logos and other brand features.
15. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that any content has been copied or used in a way that constitutes law infringement, please provide us with the following information:
- Identification of the document claimed to be in infringement. You can e.g. provide a copy of the document or a reference from a public source.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material including the exact URL link to that material.
- If it doesn’t infringe any law or contract obligation you are subject to, you must provide us an unencrypted copy (without any modification, for the only purpose of verification of infringement) of the material that is claimed to be subject to infringing activity. In that case you will provide also a statement that you obtained that material from the Oficloud service and you were authorized to do so by another user despite the person who authorized you doesn’t own the rights to do so or despite the material infringes the law.
- Your contact information, including your address, telephone number, and an email address.
16. Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
17. No Refunds. You may cancel your Oficloud Paid Account at any time but you won't be issued a refund unless it's legally required.
18. Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
19. Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
20. If you join an Oficloud account contracted by your employer, you must use it in compliance with your employer's terms and policies. Please note that Oficloud accounts are subject to your employer's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Oficloud account. They may also be able to restrict or terminate your access to a Oficloud account.
21. You're free to stop using our Services at any time. We reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
Services "AS IS"
22. We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, OFICLOUD AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
23. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR OFICLOUD’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL OFICLOUD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT OFICLOUD OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, OFICLOUD, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO OFICLOUD FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
24. Before filing a claim against Oficloud, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Oficloud may bring a formal proceeding.
25. Judicial forum for disputes. You and Oficloud agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Barcelona, Spain, subject to the mandatory arbitration provisions below. Both you and Oficloud consent to venue and personal jurisdiction in such courts.
26. These Terms will be governed by Spanish law.
27. These Terms constitute the entire agreement between you and Oficloud with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
28. Oficloud's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Oficloud may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
29. We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.