Terms of Service
Last updated September 7th, 2015
Thank you for using Jolicloud! These are the Terms of Service ("Terms") associated with your access to and use of the website at www.jolicloud.com (the “Site”) and the services, features, content or applications offered by Jolicloud (“we” or “our”) (collectively with the Site, the “Services”). Please read them carefully before using the Services. By using the Services you agree to be bound by these Terms.
The Terms are governed by French law. They may be modified or updated from time to time without prior notice to you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The most current version will always be at http://www.jolicloud.com/tos.
These Terms together with all updates and any additional terms applicable collectively constitute the legal agreement between you ("The Licensee") and Jolicloud.
We value your privacy and will take all reasonable steps to safeguard the security of any information you input or send to us by using secure services and encryption technology.
Subject to these Terms, Jolicloud may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Jolicloud performs for you, any applications offered by Jolicloud that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (including but not exclusively Chrome Web Store, iTunes® Store, Google Play and/or any other application stores available now or in the future) authorized by Jolicloud, as well as the offering of any materials displayed or performed on or through the Services (including Content as defined below).
This section is related to the pro account subscriptions.
To the extent you use a pro account that is made available for a fee, you will be required to select a payment subscription, on a monthly or yearly period.
You will be required to provide Jolicloud accurate information regarding your credit card or other payment instrument and to promptly update your account information with any changes in your payment information.
You agree to pay Jolicloud the monthly or annual subscription fees indicated for that service and you authorize Jolicloud to bill your payment instrument in advance on a periodic basis in accordance with such terms.
Payments will first be charged on the day you sign up for a pro service and will cover the use of that service for a monthly or yearly period as indicated.
If you are delayed with your payment obligations (including immediately after the first default), we may decide to block access to your pro account. If your account is in arrears, starting at one payment, we will be entitled to terminate the agreement without notice. In this case, you will remain obliged to reimburse the outstanding amount.
Pro account fees are not refundable except as required by law and we reserve the right to change our prices in the future. If we increase our fees for your pro account, we will inform you of the change on the Site and by email at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.
For purposes of these Terms, the term "Content" includes, without limitation, text, documents, files, photographs, videos, audio clips, music, sounds, eBooks or other materials or content, links to third party websites and services or directly uploaded on third party websites and services through the Services, comments, information, data, any location information, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Jolicloud on or through the Services.
Rights We grant to You
Jolicloud gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services, in the manner permitted by these Terms.
Any use of third party material shall be subject to specific agreement and/or license with the corresponding third party and your use of such services shall be done in compliance with such terms.
You commit to make a fair use of the Services.
To begin using the Services, you will need to provide information about yourself (such as identification or contact details) to create an account. You agree to a) provide accurate, updated, and complete information about yourself, b) maintain the accuracy and completeness of your information by updating your information as changes occur, and c) keep your password and account information secure.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to enter into the present agreement with Jolicloud.
By connecting to Jolicloud with a third party service, you grant us permission to access and use your information from that service as permitted by that service, and to store access tokens for that service.
You are solely responsible for all and any activity conducted on or with your Account, regardless of whether or not you have authorized such activity. You agree to notify the Jolicloud team immediately of any unauthorized use of your Account.
You are solely responsible for maintaining and protecting your data. We cannot be held liable for any loss or corruption of your data, or for any costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any of your data.
You acknowledge and agree that you are solely responsible for any Content that you upload, submit, post, transmit or display through the Services and that The Company is not responsible to you or any third party for any Content that is used by you or any other Jolicloud user.
You agree that you shall not use any Content that is subject to any third party IP Rights, unless you have a license or specific permission from the owner to use such third party content, and to grant The Company the license set out below.
You agree not to do any of the following while using the Services:
access (or attempt to access) the Services by any means other than through the interface that is provided by The Company. You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services,
engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services),
reproduce, duplicate, copy, sell, trade or resell the Services for any purpose,
reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so,
post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability,
send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services,
attempt to gain access to any account, computers or networks related to the Services without authorization,
attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you,
post or make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any domestic or international law,
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you,
use the Services to participate in pyramid schemes or chain letters,
use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property,
use the Services to download any material sent by another user of the Services that you know, or reasonably should know, cannot be legally distributed in such manner,
use the Services in an unfair manner, for instance that results in excessive bandwidth. The Company reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage.
Rights you grant to us
By submitting information, data, passwords, usernames, other account information, materials and other Content to The Company through the Services, or sharing any Content within or through the Services, you agree to license that Content to us solely for the purpose of providing the Services.
You retain full ownership to your data. We do not claim any ownership to any of it. We may use and store the Content, but only to provide the Service to you. By submitting this Content to us, you represent that you are lawfully entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations, including rights of third parties that would be infringed by your submitting this Content to us.
Modification and Maintenance
The Services may continue to change over time as we refine and add more features. Our Services may update the Software on your device automatically when a new version is available. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any Content from our Services at our discretion.
We will try to provide the Services with minimal disruptions. However, please understand that we cannot guarantee that the Services will always function without disruptions, delay or other imperfections.
The website HTML, text, images, audio, video, software or other Content that is made available on this website are the property of The Company, independent content providers and third parties. To use any of the Content from this website you must ensure that you have the relevant rights and permissions from the copyright holder.
You may display, download, or print pages from this website solely for personal, educational and non-commercial use. You must retain copyright and other notices on any copies or printouts you make. Certain of the materials available on this site are "open source" materials subject to open source licenses and are so marked - use of those materials is governed by the individual applicable license.
The registered Jolicloud trademark, logo and service marks are owned by Jolicloud SAS. Within the website there are also trademarks, logos and service marks which are owned by third parties. You agree not to use or communicate said trademarks, logos and service marks without written consent of the appropriate owners.
Third Party Sites and Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under The Company's control, and you acknowledge that The Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by The Company or any association with its operators. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
The Services are Available "AS IS"
The Services are provided on an "as is" basis without warranty of any kind, whether implied or expressed. You are accessing and using the Services at your own risk. The Company disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained from The Company will create any warranty not expressly made herein. The Company will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Jolicloud with any third party that assumes our rights and obligations under this Agreement.
Limitation of Liability
You accept that The Company may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the Services and any material that is downloaded or obtained through the use of this site and that the limitation of liability applies to The Company and to its affiliated companies, principals, officers, directors, agents, and employees ("The Company Staff"). This includes, without limitation, any damage to computer systems, hardware or software, loss of data, or any other performance failures, any errors, bugs, viruses or other defects that result from, or are associated with the use of this website. The Company is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, The Company will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the services, or if your data is lost, corrupted or exposed to unintended third parties.
To the extent permitted by law, you agree that the aggregate liability of The Company to you for any and all claims arising from the use of the services is limited to one-hundred euros. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Company and you.
You agree to defend, indemnify, and hold The Company and The Company’s Staff, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of this Agreement or (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.
Governing Law and Jurisdiction
To the extent permitted by law, these Terms and the actions performed under them are governed by and construed in accordance with the law of France, without regard to any choice of law principles which would require the application of a different jurisdiction’s law. The United Nations Convention on the International Sales of Goods shall not apply hereto.
To the extent permitted by law, you consent to the jurisdiction of the courts of Paris with appropriate subject matter jurisdiction. You hereby irrevocably waive any objection, which you may have to the laying of venue of any such proceeding brought in this court.
We’d prefer if you didn’t leave, but you can stop using our Services at any time. If you have any issues or concerns with our Services, you can contact our support staff [email protected] and we will work with you to try to resolve the issue.
Free use of Jolicloud
The agreement on free use of Jolicloud is for an indefinite period. You can terminate the agreement at any time by selecting the "delete your account" option in the account settings, thereby deleting your account. On termination, unsecured data will be lost as we will delete your account completely.
Use of Pro Accounts
The agreement is concluded for an indefinite term. You can downgrade your Pro Account at any time by selecting the "downgrade" option in the account settings, thereby downgrading your Pro account to free use.
If you terminate or downgrade a Pro Account, the original agreements will run to the end of the agreed term and will not be renewed. Refund of already-paid fees for the current term is not possible.
Revisions to the Terms
We may revise these Terms from time to time. The most current version will always be found here at http://www.jolicloud.com/tos. If a revision, in our sole discretion, is material, we will notify you (for example, via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
The original English version of these Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.