Terms of Service
Last updated: 2024.8.9
These Terms of Service ("Terms") govern your access to and use of the mobile application, website, and related services provided under the eseecloud brand through eseecloud.org. By accessing, downloading, installing, or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the service.
These Terms are written as a general set of conditions for a mobile app and related web experience. Some features may be subject to additional rules, policies, or guidelines that will be presented to you when relevant.
Eligibility and Account Responsibility
You must be legally capable of entering into a binding agreement in your jurisdiction to use the service. If you use the service on behalf of a business, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.
You are responsible for maintaining the confidentiality of any account credentials, device access, and login information associated with the service. You are also responsible for all activities that occur under your account or through your device, except to the extent caused by our own failure to maintain reasonable security controls.
Use of the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service for personal or internal business purposes, depending on the intended use of the product.
You agree not to:
- Use the service in violation of any law, regulation, or third-party right
- Copy, distribute, license, sell, resell, or exploit the service except as expressly permitted by us
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the service, except where prohibited by law
- Interfere with the operation, security, or integrity of the service
- Upload, transmit, or distribute malware, harmful code, or disruptive content
- Access the service using unauthorized automated means, scraping tools, or abusive traffic patterns
- Misrepresent your identity or affiliation, or submit false or misleading information
We may suspend or restrict access if we reasonably believe your use violates these Terms, creates security or legal risk, or harms other users or the service.
User Content and Submissions
If the service allows you to upload, submit, share, send, or otherwise make content available, you retain ownership of any rights you hold in that content. However, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and display that content solely for the purpose of operating, maintaining, improving, and providing the service.
You represent and warrant that you have all rights necessary to submit your content and that your content does not infringe, misappropriate, or violate any personβs rights, including intellectual property, privacy, publicity, or contractual rights.
We are not obligated to monitor user content, but we may review, remove, refuse, or restrict content that we reasonably believe violates these Terms, applicable law, or the rights of others.
Intellectual Property
The service, including its software, design, text, graphics, trademarks, logos, features, and underlying technology, is owned by us or our licensors and is protected by applicable intellectual property and proprietary rights laws. Except for the limited license expressly granted in these Terms, no rights are transferred to you.
You may not use our trademarks, branding, domain names, or visual identity without prior written permission, except as necessary to identify our service in a truthful and non-misleading way.
Third-Party Services
The service may include links, integrations, content, or functionality provided by third parties, such as analytics providers, hosting vendors, payment processors, app stores, or external websites. We do not control and are not responsible for third-party services, and your use of them may be subject to separate terms and privacy policies.
We encourage you to review the terms and policies of third-party services before using them.
Payments and Subscriptions
If the service includes paid features, subscriptions, or in-app purchases, pricing, billing cycles, trial periods, renewal terms, and cancellation terms will be disclosed at the time of purchase or through the relevant app store or payment provider.
Unless otherwise stated, subscriptions may renew automatically until canceled. You are responsible for managing your subscription through the platform where you purchased it. Fees are generally non-refundable except where required by law or expressly stated otherwise.
Availability and Changes
We may modify, update, suspend, or discontinue any part of the service at any time, with or without notice, to the extent permitted by law. We may also release patches, bug fixes, updates, or upgrades that become required for continued use of the service.
We do not guarantee that the service, or any feature or content, will always be available, uninterrupted, error-free, secure, or compatible with all devices, systems, or jurisdictions.
Termination
You may stop using the service at any time. We may suspend or terminate your access if we reasonably determine that you have violated these Terms, created risk or possible legal exposure, or if we are required to do so by law.
Upon termination, the rights granted to you under these Terms will stop immediately. Sections that by their nature should survive termination, including ownership, disclaimers, liability limitations, indemnity, dispute provisions, and miscellaneous terms, will survive.
Disclaimers
To the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the service will meet your requirements, achieve any intended result, be compatible with your systems, operate without interruption, or be free of bugs, errors, or harmful components.
Limitation of Liability
To the maximum extent permitted by law, we and our affiliates, licensors, suppliers, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or use, arising out of or related to the service or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the service or these Terms will not exceed the greater of the amount you paid us, if any, for the service in the twelve months preceding the event giving rise to the claim, or fifty U.S. dollars (USD $50).
Some jurisdictions do not allow certain disclaimers or liability limitations, so some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless eseecloud, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees arising out of or related to your misuse of the service, your violation of these Terms, or your infringement of any third-party right.
Governing Law
These Terms are governed by and interpreted in accordance with the laws applicable in the jurisdiction where the service operator is established, without regard to conflict of law principles, unless a different law is required by applicable consumer protection rules.
If a dispute arises, you agree that it may be resolved in the courts or dispute forums that have lawful jurisdiction over the matter, unless applicable law requires otherwise.
Changes to These Terms
We may update these Terms from time to time. When we make material changes, we may provide notice by updating the date above, posting a notice in the service, or using another reasonable method where appropriate. Your continued use of the service after updated Terms become effective means you accept the revised Terms.
Contact Us
If you have questions about these Terms, you can contact us at support@eseecloud.org.