Terms | Cloudbrand

These Terms of Service (“Terms“) govern your use of the Cloudbrand website located at https://cloudbrand.io/ (the “Site“) and the Cloudbrand services, including the API (Application Program Interface) and all other services available on or through the Site (collectively the “Services“). These Terms apply to all users of the Site and Services. By using the Site or Services, you agree to these Terms.

Information About us

The Site is operated by Cloudbrand Technologies, Inc. dba Cloudbrand (hereinafter referred to as “Cloudbrand“, “we“, “us” and “our“). We are a Delaware corporation. Our registered office is at: 1309 Coffeen Avenue, Suite 15023, Sheridan, WY 82801, USA.

Changes to these Terms

From time to time, we may change these Terms and Conditions (“The Terms“). If we change these Terms, we will inform you by posting the revised Terms on the Site. When visiting the Site, we encourage you to make sure you have read the most recent version of these Terms. Those changes will take effect on the Revision Date, shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms.

Eligibility

You must be at least 18 years old to use the Site or the Services.

Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms“). Where Additional Terms apply to a Service, we will make them available for you to read through, prior to your use of that Service. By using the Services, you agree to the Additional Terms.

Access to the Site

In order to use the Site or Services, you must first register to set up an account with us by completing the account registration form available on the Site. Millions of people trust Cloudbrand with their files. We also trust you to use the Cloudbrand services responsibly. You only need to register once. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. Registering more than one Cloudbrand account on your behalf will be treated as an abuse of our service, and we reserve the right to suspend your access to the services.

If your application to register for the Site and Services is approved, you’ll be assigned the email address and password you provided during registration (collectively referred to as your “Account Credentials“). It’s crucial that you maintain the confidentiality of your Account Credentials and refrain from sharing them with anyone. You bear responsibility for all activities conducted under your Account Credentials.

You must promptly notify Cloudbrand if you become aware of or suspect any unauthorized access to your Account Credentials, or if you detect any other security breach related to your account. While Cloudbrand implements robust security measures, the protection of your Account Credentials is primarily your responsibility.

Cloudbrand reserves the right to disable access via your Account Credentials at any time if we determine it necessary to maintain the security and proper functioning of our Site or Services, if you fail to comply with any provisions of these Terms, or if we discover that any information you provided during registration is false or inaccurate.

It is your responsibility to ensure that your computer system and internet connection meet the technical requirements for accessing and using the Site and Services. You are also responsible for ensuring that anyone who accesses the Site or Services through your Account Credentials or internet connection is aware of and complies with these Terms.

Cloudbrand provides access to the Site and Services on a temporary basis and reserves the right to modify, suspend, or withdraw the Site or Services, or any part thereof, without prior notice. We will not be held liable for any unavailability, modification, suspension, or withdrawal of the Site or Services, or any of their features or content, at any time or for any duration.

Cloudbrand is committed to providing reliable service and will make commercially reasonable efforts to ensure that our storage services are available and functioning properly for a minimum of 99.9% of each calendar year. However, please note that 100% availability cannot be guaranteed due to factors beyond our control, such as internet connectivity issues or force majeure events.

User Responsibilities

Content stored or posted on the Site or the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download or share files unless you have the right to do so. You will be fully responsible and liable for what you or anyone using your account copies, shares, uploads, downloads or otherwise uses while using the Site or Services.

Cloudbrand will work to ensure that User Content (as defined below) and data is not lost or corrupted, but we advise that you ensure that you back up all of your User Content and data.

Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Cloudbrand. When you use the Site or Services, you may not and agree that you will not:

violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others without their permission;
transmit anything that is illegal, abusive, defamatory, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although Cloudbrand may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of such materials, and Cloudbrand reserves the right to revoke these capabilities either generally or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the Cloudbrand servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
sell or resell your Cloudbrand account. While agencies are allowed to have multiple accounts for different businesses under one email, transfer of ownership for these accounts is only permitted if the related organization is acquired, changes its legal name, or is legally transferred to another organization. Any other form of selling or reselling Cloudbrand accounts is strictly prohibited;
recruit or otherwise solicit any user to join third party services or websites that are competitive to Cloudbrand, without Cloudbrand’s prior written approval;
use, display, mirror or frame the Site or any individual element within the Site or Services, Cloudbrand’s name, any Cloudbrand trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cloudbrand’s express written consent;
access, tamper with, or use non-public areas of the Site or Services, Cloudbrand’s computer systems, or the technical delivery systems of Cloudbrand’s providers;
attempt to probe, scan, or test the vulnerability of any Cloudbrand system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cloudbrand or any of Cloudbrand’s providers or any other third party (including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, except to the limited extent as may be allowed by the applicable law; or advocate, encourage, or assist any third party in doing any of the foregoing;
circumvent storage limits;
sell or resell any of the Cloudbrand Services unless specifically authorized to do so;

Cloudbrand will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. Cloudbrand may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms. You acknowledge that Cloudbrand has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. Cloudbrand reserves the right, at any time and without prior notice, to remove or disable access to any content that Cloudbrand, at its sole discretion, considers as objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Cloudbrand reserves the right to limit the traffic generated by one or more of the download links you have generated based solely on Cloudbrand’s discretion. In such occurrences, access to content on these links may be restricted for registered users with paid plans only.

In the case of such a restriction being imposed, users who have subscribed to paid plans may be given the option to purchase additional traffic for the limited download link(s). The threshold for traffic generated from the download links of paid plan subscribers is set higher than that of users on a free plan.

If the usage of the Service exceeds the storage quota of your account, Cloudbrand will inform you. If you do not correct your overuse (by upgrading your service plan or deleting files), Cloudbrand may, in its sole discretion and without further notice, move files to the Trash of your account on a random basis.

Once you delete a file from your Cloudbrand account, it will be moved to a section named “Trash” in your account. The file will be stored there for a limited time period that is based on your service plan. Cloudbrand reserves the right to limit the size of the Trash at Cloudbrand’s sole discretion. The Trash has a size limit equal to the storage quota included in your current Cloudbrand account, up to 2 TB. In case the Trash size limit is exceeded, Cloudbrand reserves the right to permanently remove the oldest files from the Trash to fit the preassigned limits.

You acknowledge that the Services may be subject to export controls, trade sanctions laws, or other restrictions under the laws of your jurisdiction or other countries. You may not use, access, export, or disclose the Services in violation of any such laws and you represent and warrant that (a) you are not a citizen of, resident of, or located in any country or territory that is subject to any such laws (including, without limitation, Cuba, Iran, North Korea, or Syria) and that you will not access the Services from any such places; and (b) you are not identified, nor are you owned or controlled by any persons identified, as any applicable lists that would prohibit you from receiving or using the Services.

User Content

In these Terms, “User Content” shall be used to refer to all content and information that you, your workspace, and its team members store, upload, post or share using the Site or Services. This includes, but is not limited to, content uploaded by workspace owners and team members. All User Content shall be owned by you, your workspace, or the person who made it available to store or upload via the Site or Services. These Terms don’t give us any rights to your User Content, except for the limited rights that enable us to offer the Services.

In order for us to be able to provide our Services with respect to your User Content, we need your legal permission (a license). Our Services include hosting your User Content, making backups, and sharing your User Content at your direction. Our Services also include features such as commenting, sharing, searching, image thumbnails, document previews, optical character recognition (OCR), sorting and organization, and personalization. Therefore, you grant your legal permission for us to use, copy, perform or display your User Content for the purpose of providing our Services.

We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others. Where your User Content includes reviews, comments or feedback about the Site or Services, we may use those reviews, comments or feedback, to advertise and promote Cloudbrand, the Site or the Services.

Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to use your User Content as set out above is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise the rights you grant us anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. Your permission extends to our affiliates and service providers.

You hereby undertake that:

you own all rights to your User Content or, alternatively, you have the right to give Cloudbrand the authorization described above;
you have paid and will pay in full any fees or other payments that may be necessary for your User Content; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

It is important to note that all members of a workspace need to understand and have the right to the User Content associated with that workspace. By using the Services, you confirm that you have the necessary rights and permissions from all workspace members to grant Cloudbrand the license described above for any User Content uploaded by the workspace and its team members.

Ownership

Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content (jointly referred to as “Content“) and Cloudbrand’s name, trademarks, logos, and brand elements (referred to as “Marks“). The Content and Marks are protected under U.S., EU, and international laws.

Copyright and Intellectual Property Policy

Notice of Copyright or Intellectual Property Infringement We respect the intellectual property rights of others. Please notify us in writing, by e-mail: abuse@cloudbrand.io or postal mail, to our designated agent listed below if you believe that a user of the Site or Services has infringed your intellectual property rights. In the United States, this policy is provided pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA“).

To be effective, your notification should include:

identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted or other intellectual property works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Cloudbrand to locate the material on the Site or Services;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (not required for European Union users);
a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (not required for European Union users); and
your physical or electronic signature. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may promptly remove the identified materials from the Site and Services without liability.

Counter-Notice by Accused User If we have taken down your materials due to suspicion of copyright or other intellectual property infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent listed below. Your written communication should include the following:

your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (not required for European Union users); and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal District Court for the judicial district in which such an address is located, or, if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person (not required for European Union users).

Please send all notices under the above infringement policies by e-mail or mail to the following individual, designated as Cloudbrand’s agent for receipt of notifications of claimed infringement:

Copyright Agent
Cloudbrand Technologies, Inc.
1309 Coffeen Avenue, Suite 15023
Sheridan, WY 82801
United States
Email: copyright@cloudbrand.io

Note: Please do not send notices or inquiries about anything other than alleged copyright or other intellectual property infringement to our agent for notice as detailed above.

Repeat Infringers We can undertake measures, in our discretion, if you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted. Those measures on our part may include limiting part of the functionalities of the Cloudbrand service you are using.

Privacy Cloudbrand respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Site or the Services, you also agree to our Privacy Policy.

Encryption

Cloudbrand may provide an encryption service as part of its offerings. This feature, when available, performs client-side encryption, which means that the encryption process is executed on the user’s device, and the plain text files never leave the user’s computer. This ensures zero-knowledge privacy for the user’s data, which means that we, as a service provider, have absolutely no information about the content users store in their accounts, such as file names or file types.

All files transmitted through our service may be end-to-end encrypted, from the workspace or the organization to the end recipient. The user content is stored in an encrypted form, which is locked and unlocked using a secure passphrase. Cloudbrand has no access to the user’s passphrase, and once lost, it cannot be restored.

Encrypted Content and Ownership

In these Terms, “Encrypted Content” shall be used to refer to all content and information that you store or upload using the Encryption Service, when available. All Encrypted Content shall be owned by you, your workspace, or the person who made it available to store or upload via the Service. You retain full ownership of your files, folders, directories, including their metadata (file names, thumbnails, etc.) and any information you submit to Cloudbrand for encryption purposes. We don’t claim any ownership of any of your content.

These Terms do not grant us any rights to your content or intellectual property except for the limited rights needed to run the Service: we may redundantly store or backup your respective data as set below, and we might use trusted third parties, like our collocated data center, to provide the Encryption Service. You give us permission for all actions that we need to undertake to provide the Service. In particular, but not limited to, you agree that Cloudbrand may transfer your data to its servers and between its servers.

Cloudbrand states that your encrypted content, encryption key, and passphrase used by you or otherwise submitted to the Service, are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by Cloudbrand or any third party. Your Encrypted Content can only be decrypted or inverted by you or authorized members of your workspace.

When using our Encryption service, you undertake that:

you own all rights to your Encrypted Content and you have the right to give Cloudbrand the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use of your Encrypted Content and the Service; and
your Encrypted Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Global Policies on Encryption

In some countries, using encryption services may be limited, restricted, or forbidden by law. Before using our Encryption Service, make sure that using such a service is permitted and legal in your state of residence. In any case, Cloudbrand cannot be held liable for any claims that may be filed against you in relation to using such a service. By agreeing with the present Terms and Conditions, you confirm that you will at all times and in any instances hold Cloudbrand harmless of any claims that may arise in relation to your personal decision to use an Encryption Service.

Workspace owners and team members are required to adhere to the Copyright and Intellectual Property Policy outlined in these Terms. This includes respecting the intellectual property rights of others and following the procedures for reporting copyright infringement and submitting counter-notices.

All members of a workspace, including owners and team members, are responsible for ensuring that the content they upload, share, or store within the workspace does not infringe on any third-party intellectual property rights. In the event of a copyright infringement claim related to workspace content, the designated workspace owner or administrator will be responsible for addressing the claim and taking appropriate action, which may include removing the infringing content or submitting a counter-notice if the claim is believed to be erroneous.

Workspace owners and administrators should educate their team members about these policies and ensure compliance within their organization. Repeated violations of the Copyright and Intellectual Property Policy by workspace members may result in limitations or termination of the workspace’s access to Cloudbrand services.

Third Party Content and Interactions The Site and Services may contain features and functionalities that may link you or provide you with access to third-party content or services independent of Cloudbrand, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Cloudbrand shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you have with third parties.

Disputes with Other Users If there is a dispute between users of the Site or Services, you understand and agree that Cloudbrand is under no obligation to investigate or become involved further than any action it may take in accordance with notification it receives pursuant to the copyright and intellectual property notice section above. Subject to this, Cloudbrand may, in its discretion, attempt to assist in the resolution of such a dispute, but in doing so it does not undertake any obligation to do so, and will not be subject to any liability arising either from the conduct giving rise to the dispute or from any efforts to resolve it.

Disclaimer and Waiver of Liability In the event that you have a dispute with any other user of the Site or Services or with any third party whose content or services you have accessed through the Sites or Services, you hereby release Cloudbrand, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a resident of California, U.S.A., you waive California Civil Code Section 1542, which stipulates the following: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Payment

Some of our Services are free, whereas others are subject to a fee. For a full description of the different Services that we offer, along with the different prices applicable, please see the Pricing page on the Site.

Subscription Plans

Cloudbrand users can pay for several paid plans for extra space and sharing options. By subscribing once, you authorize Cloudbrand to charge your chosen payment method. Cloudbrand offers renewal subscriptions.

Renewal Subscriptions

Cloudbrand users can pay for paid plans on a renewing period basis (for example, monthly and yearly plans).

Renewal

All paid renewal subscriptions are renewed for the Services on the date such renewal subscriptions expire. If you have a renewal subscription, this will be extended automatically until you terminate it and every further payment will be due at the beginning of the new payment cycle.

Payments for and Cancellation of Subscriptions

You can cancel your subscriptions for the Cloudbrand Service at any time from your payment account. However, no refund will be provided for any unused days.

All users who subscribe for Services subject to a fee (“Paid Services“) must enter valid credit [or debit] card or PayPal account credentials. The Service is billed in advance on a monthly or yearly basis (depending on the selection you make at the point of subscription) and paid on an automatic basis. You hereby authorize Cloudbrand to automatically charge your credit card or PayPal account for charges that apply to your account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including VAT, and you shall be responsible for payment of all such taxes, levies, duties or VAT, excluding only United States (federal or state) taxes.

If, for any reason, you are not satisfied with the Paid services, you can cancel your subscription for Paid Services at any time.

Cloudbrand has a fourteen (14) calendar days money back guarantee, beginning on the day you have submitted your payment for the Paid services. During this period, you are eligible to request a refund. If you issue an explicit written request for a refund within the fourteen (14) days referenced above, we will process the refund due to you in full within 30 calendar days, counting from the day you have confirmed your request.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

In case you have purchased Paid services through a promotional campaign or provided discount, Cloudbrand reserves the right to decline providing a refund.

Links

Our Site and Services may contain links to other websites, or allow other users to send you such links. A link to a third-party website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Changes to the Site or Services

Cloudbrand enhances and updates its Site and Services often. We may change or discontinue the Site or any Services although we will, in such circumstances, use reasonable efforts to provide you with prior notice so that you can make alternative arrangements for the storage of any User Content and we will not terminate a Service under this section during a subscription period for which you have already paid without refunding you a fair portion of your payment based on how long is left until the end of the subscription.

No Transfer of Accounts

User accounts are not transferable. Only the user who signs up for an account may use the account. If a user transfers an account in violation of this section, Cloudbrand may terminate the account and the users’ right to access the Site and Services.

Change of Ownership

Cloudbrand may at any time, without explicit notice, change the company ownership, be subject to merger or sale, partnership or else. In the case of such change of ownership, merger, sale or other, Cloudbrand only has the obligation to notify you through updating the present Terms and Conditions. Such an action will in no way affect your use of the Service or the Site, or your subscriptions and accounts.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you breach any of these Terms, your permission to use the Site and Services and your account automatically terminate. If Cloudbrand ceases operation, your account will be terminated and Cloudbrand will no longer provide the Site or Services. If your account is terminated in accordance with this section, you will not receive any refund of any fees paid for the account.

Unverified Accounts

Free Cloudbrand accounts that haven’t verified their email address within a reasonable time period, will be permanently deleted, along with the files inside.

Account inactivity

Free Cloudbrand accounts that have been inactive for 12 months, will be permanently deleted, along with the files inside.

Disclaimer and Limitations on Our Liability (For European Union Users) Cloudbrand tries to keep the Site and the Services up, error-free, and safe, but Cloudbrand does not guarantee that the Site and/or the Services will be safe or secure or that access to or use of the Site and/or the Services will be uninterrupted or free of errors or omissions or that defects will be corrected. Cloudbrand does not warrant that the Site and/or the Services will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. Cloudbrand uses reasonable care and skill in providing the Site and the Services, but beyond that, the Site and the Services are provided without any warranties of any kind. Cloudbrand disclaims all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. Cloudbrand makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Services.

Nothing in these Terms shall exclude or limit Cloudbrand’s liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) or for any other liability that may not, under the applicable law, be limited or excluded.

Subject to the above, in no event will Cloudbrand, or any of its respective directors, officers, employees, and agents, be liable to you in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.

Where you use the Site or Services in the course of a business, Cloudbrand’s aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to the higher of: (a) total fees paid by you to Cloudbrand for use of the Site or Services; and (b) [EUR5,000].

Disclaimer and Limitations on Our Liability (For Users Outside of the European Union)

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CLOUDBRAND AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, CLOUDBRAND AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. CLOUDBRAND AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES OR THE UNAVAILABILITY OF THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES. YOU, AND NOT CLOUDBRAND, ARE RESPONSIBLE FOR MAINTAINING, PROTECTING, AND BACKING UP ALL OF YOUR USER CONTENT AND DATA. CLOUDBRAND WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR USER CONTENT OR DATA OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING ANY OF IT.

CLOUDBRAND AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE CLOUDBRAND SITE OR SERVICES OR ANY LINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUDBRAND OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER CLOUDBRAND NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

Indemnification

You agree to indemnify and defend Cloudbrand and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account or your Credentials store, upload, submit, post or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account or your Credentials; (c) breach of these Terms by you or anyone using your account or your Credentials; or (d) breach of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or your Credentials. Cloudbrand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Cloudbrand in such defense.

Other Provisions

Under no circumstances will Cloudbrand be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms, and any claim or action, of whatever nature, against Cloudbrand arising from or relating to these Terms, the Privacy Policy, the Site, or any Services, will be governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to any conflict of laws rules or provisions, except that the laws of Wyoming will not apply to European Union users of the Site or Services who are located outside of the United States, in which case the law applicable to the territory where the user is resident shall apply.

Subject to the final sentence of this paragraph, you agree that any claim or action, of whatever nature, against Cloudbrand arising from or relating to these Terms, the Privacy Policy, the Site, or any Services will be filed only in the appropriate court located in Wyoming, United States. You consent and submit to the personal jurisdiction of such courts for the purposes of any such claim or action. If a European Union user of the Site or Services is located outside of the United States, then, for the purposes of any claim or action relating to these Terms, the Privacy Policy, the Site, or any Services, the applicable jurisdiction will be the courts that are located in the territory of residence of such European User.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Cloudbrand to enforce any right or provision of these Terms will not prevent Cloudbrand from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

These Terms, together with the Privacy Policy and any Additional Terms, as they may be revised from time to time, constitute our complete agreement with you, and supersede any other written materials, communications, discussions, representations, or understandings relating to the Site or the Services or your use of them.

Updated: 15 October 2024

Terms and Conditions

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