Terms of Use

Last Updated: January 2025

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and [COMPANY NAME] ("Company," "we," "us," or "our") regarding your use of the Cloudata mobile application and related services (collectively, the "Service").

By creating an account, downloading, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

Cloudata is a cloud storage application that allows users to:

• Back up photos, videos, documents, contacts, and music files from their mobile devices
• Store files securely in the cloud using AWS infrastructure
• Access and restore their backed-up files
• Manage their storage and subscription plans

3. Eligibility

You must meet the following requirements to use the Service:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

4. Account Registration and Security

4.1 Account Creation

• You must register for an account using Google Sign-In
• You must provide accurate, current, and complete information
• You are responsible for maintaining the security of your account credentials
• You may not share your account with others

4.2 Account Security

• You are solely responsible for all activities under your account
• You must immediately notify us of any unauthorized access or security breach
• We are not liable for any loss or damage from your failure to maintain account security

5. User Content and Data

5.1 Your Content

You retain all ownership rights to the files and content you upload to Cloudata ("User Content"). By uploading Content, you grant us a limited license to:

• Store, process, and display your Content to provide the Service
• Create thumbnails and previews for display purposes
• Backup and maintain copies for data redundancy

5.2 Content Restrictions

You agree NOT to upload, store, or share Content that:

• Violates any laws or regulations
• Infringes on intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is illegal, obscene, defamatory, or harassing
• Violates the rights of minors
• Contains sensitive personal information of others without consent

5.3 Content Monitoring

While we do not actively monitor User Content, we reserve the right to:

• Review Content if we receive reports of violations
• Remove Content that violates these Terms
• Suspend or terminate accounts that repeatedly violate these Terms

6. Storage Limits and Subscriptions

6.1 Free Storage

• Free accounts receive 100 GB of storage
• Storage limits may be changed with reasonable notice

6.2 Premium Storage

• Premium subscriptions offer 5 GB of storage
• Subscription fees are billed according to your chosen plan
• Subscriptions auto-renew unless canceled
• Refunds are subject to our refund policy and applicable laws

6.3 Exceeding Storage Limits

• If you exceed your storage limit, you may be unable to upload new files
• Existing files will not be deleted automatically
• You can free up space by deleting files or upgrading your plan

7. Prohibited Uses

You agree NOT to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated tools (bots, scrapers) to access the Service
• Reverse engineer, decompile, or disassemble the App
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to store or distribute malware
• Resell or redistribute the Service without authorization
• Use the Service to violate any third-party rights

8. Intellectual Property Rights

8.1 Our Rights

The Service, including the App, design, logos, trademarks, and all related intellectual property, is owned by [COMPANY NAME] or our licensors. These Terms do not grant you any ownership rights to our intellectual property.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.

9. Third-Party Services

The Service uses third-party services, including:

• Google Sign-In: Subject to Google's Terms of Service
• Amazon Web Services (AWS): Subject to AWS Terms of Service

We are not responsible for third-party services, and your use of them is subject to their respective terms and policies.

10. Data Backup and Loss

You acknowledge and agree that:

• You should maintain your own backup copies of important files
• We are not responsible for data loss due to technical failures, user error, or force majeure
• We do not guarantee continuous, uninterrupted access to the Service
• File restoration is subject to availability and system capabilities

11. Service Availability and Modifications

11.1 Service Availability

We strive to provide reliable service, but we do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected immediately
• That the Service is free from viruses or harmful components

11.2 Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Update these Terms with reasonable notice
• Change pricing or storage limits with advance notification

12. Termination

12.1 Termination by You

You may terminate your account at any time through the App's Settings. Upon termination:

• Your access to the Service will be immediately revoked
• Your User Content will be permanently deleted within 30 days
• You will not be entitled to any refunds for unused subscription time

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Your account poses a security risk
• Required by law or government authority

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Data accuracy or completeness

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY
• WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS

15. Indemnification

You agree to indemnify, defend, and hold harmless [COMPANY NAME], its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your User Content

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to conflict of law provisions.

16.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with [ARBITRATION RULES], except where prohibited by law.

16.3 Class Action Waiver

You agree that disputes must be brought on an individual basis and not as part of any class or representative action.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending an in-app notification

Your continued use of the Service after changes constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and [COMPANY NAME] regarding the Service and supersede all prior agreements.

21. Contact Information

22. Apple App Store Terms

If you downloaded Cloudata from the Apple App Store, you acknowledge that:

• These Terms are between you and [COMPANY NAME], not Apple
• Apple has no obligation to provide support for the App
• Apple is not responsible for addressing any claims related to the App
• Apple is a third-party beneficiary of these Terms and may enforce them

© 2025 [COMPANY NAME]. All rights reserved.