Please read this. KLOUDERY is a place to store and send files. It is not a backup service, a law firm, or a guarantor of delivery. You keep your own copies. You are responsible for what you upload and for every person you let into your space or send a link to. If you do not agree, do not create an account and do not use the service.
1. Agreement
These Terms of Use govern access to the KLOUDERY websites, the client space, flash send, shared links, file transfer, and any related service (the “Service”). “We,” “us,” and “our” mean KLOUDERY. “You” means the person or organization using the Service. By creating an account, signing in, uploading a file, sending a flash transfer, opening a shared link, or otherwise using the Service, you agree to these terms. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes it.
2. Who we are
The Service is operated by KLOUDERY, located in San Francisco, California 95101, United States. Notices to us under these terms must be sent in writing to that location, or to any email address we publish on the site for legal notices.
3. Eligibility
You must be at least 18 years old and able to form a binding contract. You may not use the Service if the law of your country prohibits you from doing so, or if we have previously suspended or banned you. The Service is not directed to children.
4. The Service
The Service lets an account holder store files up to the space of the plan, invite people into a work group, send files, and create links. Plans, storage, the number of people, and how long a transfer or flash send stays available are whatever we publish at the time. We may change features, limits, and availability. We do not promise that the Service will be uninterrupted, error-free, or available in any particular country.
Expired transfers and flash sends may be deleted automatically. We may also delete files that exceed your space, that we believe violate these terms, or that remain after your account ends. Deletion can be immediate and permanent.
5. Accounts and security
You must give accurate account information and keep it current. You are responsible for your password, for every sign-in to your account, and for the activity of every person you invite, including collaborators and anyone with read-only access. Tell us promptly if you believe the account is being used without permission. We may refuse a registration, require email confirmation, or close an unverified account.
We may suspend or close an account, or block a file or link, at any time if we believe these terms were broken, the account creates risk for us or for others, a fee is unpaid, or the law requires it. We do not have to give advance notice when we believe delay would create risk.
6. Your files and content
You keep ownership of the files, names, messages, and other material you submit (“Content”). You give us a worldwide, non-exclusive license to host, store, reproduce, transmit, display, and create technical copies of that Content solely to operate, secure, and improve the Service, including previews, delivery to the people you choose, and backups we may make for our own operations. That license ends when the Content is deleted from our systems, except for copies we are required to keep by law or that remain in routine backups for a limited time.
You represent that you have all rights needed to submit the Content and to grant that license, and that the Content and your use of the Service do not violate law or anyone else’s rights. We do not review Content as a matter of course and we do not adopt it as our own. We may remove Content at any time.
7. Acceptable use
You will not, and you will not allow anyone else to:
- upload or send anything illegal, including material that sexually exploits a minor;
- infringe copyright, trademark, privacy, or other rights;
- distribute malware, ransomware, phishing, or other harmful code;
- break into, scan, overload, or disrupt the Service or any other system;
- bypass a limit, a quota, an access control, or a confirmation step;
- use the Service to stalk, threaten, or defraud anyone;
- resell the Service or use it to build a competing store of other people’s files, except through the work group we provide;
- use the Service if you are barred under applicable sanctions or export rules.
We may investigate a suspected violation and cooperate with law enforcement. We have no obligation to monitor Content, and we have no liability for declining to monitor it.
8. Links, flash sends, and the work group
A shared link or a flash send can be opened by anyone who has the address or the code. People can forward them. You choose the recipients and the files, and you accept that risk. An expiration date is a target, not a promise that the file becomes unreachable at that exact minute, and not a promise that every copy everywhere is destroyed.
People in your work group may be able to see, add, or change files according to the role you give them. You are responsible for those people and for what they do in the space. Removing a person does not by itself recall files they already downloaded.
9. Plans and fees
Storage, the number of people, and transfer time depend on the plan shown in the Service. Prices are those we display at the time, in the currency we display (currently Mexican pesos, unless we show another currency). We may change prices, plans, and what a plan includes. A change applies going forward, or at the next billing period if we are charging you.
If a fee is due and you do not pay it, we may suspend the space, refuse new uploads and sends, and later delete the account and its files. Taxes are your responsibility where the law places them on you. We do not provide refunds except where the law requires a refund we cannot waive.
10. No backup. No duty to keep files.
The Service can fail. Disks fail. Accounts get closed. Links expire. You must keep your own copies of anything you cannot afford to lose. We have no obligation to store a file after these terms allow us to delete it, to restore a file you deleted, or to keep a backup for you. Any backup we make is for our operations and may be incomplete. To the fullest extent the law allows, we are not liable for lost, corrupted, intercepted, late, or deleted Content.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM EVERY WARRANTY, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT FILES WILL BE PRIVATE FROM EVERYONE YOU DID NOT INTEND, THAT A PREVIEW WILL BE ACCURATE, THAT A MESSAGE WILL BE DELIVERED, OR THAT THE SERVICE WILL BE SECURE OR FREE OF HARMFUL CODE. SOME PLACES DO NOT ALLOW THESE DISCLAIMERS, SO THEY APPLY TO THE MAXIMUM EXTENT THEY CAN.
12. Limit of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, KLOUDERY AND ITS OWNERS, STAFF, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, HOWEVER CAUSED, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
These limits do not apply to liability that California law does not allow us to limit, including our fraud or willful misconduct, or death or personal injury caused by our gross negligence. They otherwise apply to every theory, including contract, tort, and statute.
13. Indemnity
You will defend, indemnify, and hold harmless KLOUDERY and its owners, staff, and suppliers from any claim, loss, damage, cost, and reasonable attorney’s fee arising out of your Content, your use of the Service, a person you invited or sent a link to, or your breach of these terms. We may take exclusive control of the defense, and you will cooperate. You will not settle a claim in a way that admits our fault or imposes an obligation on us without our written consent.
14. Copyright complaints
If you believe Content on the Service infringes a copyright you own, send a notice to KLOUDERY, San Francisco, California 95101, that includes: your signature; the work you claim is infringed; the material you want removed and enough information for us to find it; your address, telephone number, and email; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or the owner’s agent. We may remove the material and close repeat offenders’ accounts. A person who sends a false notice can be liable for damages.
15. Disputes, California law, and individual arbitration
These terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The Federal Arbitration Act governs the arbitration agreement in this section.
Except for a claim that qualifies for small-claims court, and except for a request for temporary injunctive relief to protect intellectual property or the security of the Service, any dispute arising out of these terms or the Service will be resolved by binding individual arbitration in San Francisco, California, administered by JAMS under its rules then in effect. The arbitrator may award the same individual relief a court could award, and nothing more. The arbitrator may not preside over a class, collective, or representative proceeding.
You and KLOUDERY waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action. If a court finds that waiver unenforceable as to a particular claim, that claim will proceed in court and the rest will stay in arbitration.
You may opt out of arbitration within 30 days after you first accept these terms by sending written notice to KLOUDERY, San Francisco, California 95101, that includes your name, the email on the account, and a clear statement that you opt out. Opting out of arbitration does not opt out of the rest of these terms. If you do not opt out, and if arbitration cannot be compelled for a claim, the state and federal courts located in San Francisco County, California, are the exclusive venue, and you consent to personal jurisdiction there.
16. Changes
We may change these terms by posting the new version on this page and changing the effective date. If you have an account, we may also show a notice in the Service. If you keep using the Service after the new date, you accept the new terms. If you do not agree, stop using the Service and close the account. We are not required to keep a feature that an older version of these terms described.
17. Ending the relationship
You may stop using the Service at any time. We may stop providing the Service, in whole or in part. Sections that by their nature should survive — including ownership of Content you have not deleted, licenses needed for leftover backups, disclaimers, limits of liability, indemnity, and disputes — survive the end of your account.
18. Other terms
These terms are the entire agreement between you and us about the Service and replace earlier understandings on that subject. If a part of these terms is held unenforceable, the rest stays in effect, and the unenforceable part will be modified to the minimum extent required. Our failure to enforce a provision is not a waiver. You may not assign these terms. We may assign them, including to a successor of the business. There are no third-party beneficiaries. Headings are for convenience only. The English version controls.
Force majeure: we are not liable for a failure or delay caused by something beyond our reasonable control, including power, networks, suppliers, labor, natural events, war, and government action.