These Terms and Conditions govern your use of the Eltima Software (Eltima Software, we, us) CloudMounter (the Service). By using our Service, you confirm that you are at least 18 years of age and agree to comply with the provisions below. If you do not accept any part of these terms and conditions, you must not use the Service.
TERMS & CONDITIONS
These terms apply to all subscribers of the Service.
You agree to protect your data and the Service from unauthorized use.
The following actions are also prohibited:
- Using the Service in any manner that violates any applicable industry standards, third party policies or requirements that Eltima Software may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
- Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using the Service to harvest or otherwise collecting information about others, including email addresses or phone numbers.
- Using the Service to engage in fraudulent activity with respect to third parties.
- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Taking any action to encourage or promote any activity prohibited under this Terms & Conditions.
- Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Downloading and transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
1. Age Restriction
Subscribers affirm that they are either at least eighteen (18) years of age, or an emancipated minor, or are in possession of legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.
2. Service Quality and Limitations (Service Level Agreement)
Actual Service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for any limited periods required for technical maintenance and repair. However, the Service may be unavailable due to a variety of factors beyond our control, including emergency situations, transmission, third party service failures, equipment or network problems or limitations, interference and signal strength, and may be interrupted, refused, limited or curtailed.
3. Copyright, Patent and Trademark Information
Copyright© 2017 Eltima Software All Rights Reserved. Patents applied for and pending. Eltima Software Service, client app, and the information that it contains, are the property of Eltima Software and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Software or service names or logos appearing in the Service are either trademarks or registered trademarks of Eltima Software, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of Eltima Software’s trademark or other intellectual property rights concerning that name or logo.
4. Usage Restrictions
CloudMounter is provided under such terms of conditions:
1. Free Subscription plan. The user can install CloudMounter from the App Store and use all the basic functions of the program for free for unlimited time. The number of devices on which Free Subscription of CloudMounter can be used by a single user is regulated by App Store Policy of Terms and Conditions.
2. 3-Months Subscription. Three-month subscription with 1 week trial. Subscription can be canceled during Trial Period or disabled after by unchecking Auto Renewal option. The user has right to use the full functionality of the program for 3 months, the number of devices on which CloudMounter can be used by a single user is regulated by App Store Policy of Terms and Conditions.
3. 1-Year Subscription. Annual subscription with 2 weeks trial. Subscription can be cancelled during Trial Period or disabled after by unchecking Auto Renewal option. The user has right to use the full functionality of the program for one year, the number of devices on which CloudMounter can be used by a single user is regulated by App Store Policy of Terms and Conditions.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
1. The Service may only be used for lawful purposes.
2. The Service may be a subject to a time-based subscription fee to operate the Service on a computer and to gain access to the functionality depending on the selected subscription.
3. Eltima Software, will not under any circumstances, have access to the data stored in your accounts or their local backup copy.
4. Eltima Software services offer free trial periods for each auto-renewal subscription plan of the Service.
5. During the trial period you may use the Service without any additional limitations comparing to the paid subscriptions.
6. You may not use CloudMounter service for free after the trial period. You may purchase one of the paid subscriptions offered in our Pricing Plans to gain access to the Service.
6. Content/Usage Disclaimer
We log only general statistics of used connection types and the average time of connection sessions We do not get involved in any form of censorship. We do not give your personal information to any third parties. We do not cooperate with any requests for information unless ordered to by a court of competent jurisdiction (the vast majority of information requests would not be from a court of competent jurisdiction). Our system is set to protect you to the maximum possible level. We fully respect the hundreds of good reasons for remaining anonymous. Hacking, cracking, fraudulent activities, the distribution of viruses, phishing, network sabotage and/or any conduct deemed illegal or unwanted will be subject to immediate suspension or the termination of your subscription . Users are responsible for the proper secure configuration of their services and are responsible for any damage caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.
Eltima Software has a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions. Additionally, the Client understands that Eltima Software expressly reserves the right to hold the Client or any third-party using the service on the client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to, attorney’s fees, fees for expert witnesses, court costs, and other charges.
8. Subscription Fees, Payment Terms and Refund Policy
8.1 Subscription Fees for CloudMounter
The fees charged by Eltima Software are referred to as Subscription Fees. Upon upgrading from the free version Service to advanced features and benefits, you will be a subject to Subscription Fees in accordance with the Pricing Plans as shown on the corresponding website. You will be required to submit payment in advance for the Service (unless you have already provided payment or means of payment, such as credit card information on file). Advanced features will be disabled until payment is received. Subscription Fees will be billed and collected in advance, based on your subscription plan.
All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against Eltima Software, will be payable by you. You will not withhold any taxes from any amounts due to Eltima Software.
8.2 Pricing Plans & Discounts
You are responsible for reviewing the Pricing Plans from time to time and remaining aware of the fees charged by Eltima Software, including subscription terms, quantities and pricing, are subject to change at any time in Eltima Software’s sole discretion. Eltima Software will use good faith efforts to notify you via email before changing of the Pricing Plans.
As a condition for using the Service, you must provide us with payment. If you opt to pay for the use of our Service, we will direct you to make payment through a third party payment processor. We currently use the following method of payment: iTunes in-app-purchases for iOS devices and Mac OS X version from the Apple Mac Store. To pay for a subscription users must have a valid Apple ID. We do not store your name, home address and payment details (e.g. credit card details), although this data may be stored by the third party payment provider handling the transaction and may be accessible by us. If Eltima Software is for any reason unable to effect automatic payment from your Apple ID, Eltima Software will attempt to notify you via email your subscription, will be disabled until payment is received. You may upgrade or cancel your subscription at any time.
8.4 Refund Policy
Our support team will be happy to help you with any technical difficulties. Simply email us at firstname.lastname@example.org. If you are not completely satisfied with our services, you are entitled to a full refund in accordance with the Apple refund policy.
Note that Apple In-App Purchases refunds can be claimed from Apple (https://expresslane.apple.com).
This Agreement is personal to you, is your obligation and therefore, you may not assign your rights or obligations of this to anyone.
9. Restrictions and Responsibilities
9.1. No Rights in Software
This is an Agreement for you to use the Software, which provides you the access to CloudMounter service. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by Eltima Software in connection with the Software. Violation of these restrictions may result in the termination of this Agreement.
9.2. Compliance with Laws; Monitoring
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.
You hereby agree to defend, indemnify and hold harmless Eltima Software, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that Eltima Software has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
You may terminate this Agreement at any time by notifying Eltima Software Customer Support in writing Since access to the Service is delivered in full at the beginning of the subscription period, amounts paid for the Service under this subscription plan are not refundable. Eltima Software may terminate this Agreement or the Software, disable your subscription or put your subscription on inactive status, in each case of this Terms violation, at any time, and with or without notice. Eltima Software shall have no liability to you or any third party because of such termination or action. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
11. Warranty Disclaimer; Remedies
USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Eltima Software DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” AND Eltima Software DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for Eltima Software to use commercially and timely reasonable efforts to adjust or repair the Software. Eltima Software regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid subscription plans.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Eltima Software OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS ” Eltima Software ” BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Eltima Software SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, Eltima Software IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF Eltima Software TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY Eltima Software TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13.1 If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
13.2 Eltima Software and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
13.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Eltima Software in any respect whatsoever.
13.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.