EULA. Terms & Conditions.
IMPORTANT: Please read the Terms and Conditions of this License Agreement carefully before continuing with this program install.
This End-User License Agreement ("EULA") is a legal agreement between you (an individual or an entity) and NOS Microsystems Limited, 7-12 Tavistock Square, London, WC1H 9BQ, United Kingdom ("NOS Microsystems Ltd."), that governs your use of the app get®2Clouds ("the Software").
You agree to be bound by the Terms of this EULA by installing, copying, or using the Software. If you do not agree, do not install, copy, or use the Software.
Your agreement with NOS Microsystems Ltd. will also include the disclaimer of the NOS Microsystems Ltd. website and the the Software privacy policy. The current versions of these documents shall be deemed to be incorporated into this EULA. These documents may be amended by NOS Microsystems Ltd. at any time.
1. Grant of License
NOS Microsystems Ltd. grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. A limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license to download, install and use the Software on phone for the sole purpose of personally using the Software and Services provided by NOS Microsystems Ltd. and any other applications that may be explicitly provided by NOS Microsystems Ltd.
1.2 License Grant for Documentation. Documentation that accompanies the Software (if any) is licensed for non-commercial reference purposes only.
1.3 TRIALS. You can sign-up for a trial for the Services when available. Your trial period starts on the day you create the trial account and lasts until indicated on the specified offer. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the trial period.
If you do not cancel the account will be converted to a paid subscription at the end of the trial period, then you authorize us (or a third company) to charge your credit card for that specific Service. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
1.4 FEES. The Software offers paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency The Software quoted at the time of purchase. The Software reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.
The Software reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel your service. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period.
1.5 SUBSCRIPTION PERIOD. A monthly subscription plan ("Gold Service"). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
2. Rights and Limitations
2.1 Your Data & Your Permissions
When you use the Services, you provide us with things like your files, content, messages, contacts, and so on ("Your Data"). Your Data is yours. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Data, backing it up, and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, image thumbnails, document previews, easy sorting and organization, and personalization to help reduce busywork. To provide these and other features, The services accesses, stores, and scans Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
2.2 You may not use any NOS Microsystems Ltd. services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment thereof. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Software and Services.
3. Reservation of Rights and Ownership
3.1 NOS Microsystems Ltd. reserves all rights not expressly granted to you in this EULA. The Software is protected by UK copyright law and other intellectual property laws and treaties. NOS Microsystems Ltd. owns the title, copyright, and other intellectual property rights in the Software.
3.2 The software is licensed to you, not sold.
This EULA does not grant you any rights to trademarks or service marks of NOS Microsystems Ltd.
4. Limitations on reverse engineering, decompilation, and disassembly
You may not, modify, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Consent to use of data
You agree that NOS Microsystems Ltd. and its affiliates may collect your personal information in accordance with the Privacy Policy.
6. Links to third party sites
6.1 The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by NOS Microsystems Ltd.
6.2 Your use of all content including but not limited to images and fonts obtained from Third Party Sites is subject to the limitations of copyright law and you may not utilize any content obtained from Third Party Sites without the express permission of the copyright owner. You hereby (a) represent and warrant that you have obtained the permission of the copyright owner with respect to each such image and (b) that you will indemnify and defend NOS Microsystems Ltd. from and against any claims or lawsuits, including attorneys' fees that arise or result from your use or distribution in any manner of images obtained from Third Party Sites.
6.3 NOS Microsystems Ltd. is not responsible or liable for the contents of any Third Party Sites or services, any links contained in Third Party Sites or services, or any changes or updates to Third Party Sites or services. NOS Microsystems Ltd. may provide these links and access to Third Party Sites and services only as a convenience to you and the inclusion of any link or access does not imply an endorsement by NOS Microsystems Ltd. of the Third Party Sites or service.
6.4 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. NOS Microsystems Ltd. MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
7. Additional Software/services
7.1 This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that NOS Microsystems Ltd. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms.
7.2 NOS Microsystems Ltd. reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
8. Export restrictions
You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, and destination restrictions issued by the UK and other governments.
9. Separation of components
The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
10. Termination
Without prejudice to any other rights, NOS Microsystems Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
11. Limited warranty
11.1 Where the Software is provided to you "as is" with no warranties whatsoever and you acknowledge and agree that NOS Microsystems Ltd. will have no liability in connection with or arising from your use of the Software. Your only right or remedy with respect to any problems or dissatisfaction with the Software is to immediately de-install and cease use of such Software.
12. Disclaimer of implied warranties
12.1 The Limited Warranty that appears in Section 11 above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
12.2 EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOS Microsystems Ltd. PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. Exclusion of incidental, consequential and certain other damages
To the maximum extent permitted by applicable law, in no event shall NOS Microsystems Ltd., including any of its affiliates or suppliers, be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of NOS Microsystems Ltd. or any of its affiliates or suppliers, even if advised of the possibility of such damages.
14. Misuse of the software
NOS Microsystems Ltd. reserve, to the maximum extent possible, all rights, without limiting other remedies, to limit, suspend or terminate our Services and/or user accounts, suspend or block access to our Services or remove any content and take any technical or legal measures to to block users.
Without limiting the exact reasons for taking the above actions, the following behaviors could lead to this reaction:
- Using our services for unlawful or bona fide purposes and fraud
- If it causes problems with other users or possible legal liability
- Violation of the intellectual property rights of third parties
- Acting contrary to the letter or spirit of any of our policies
- Abuse of employees, including inappropriate or inappropriate communication
- Any attempt to use our Platform or Services for any objectionable purpose
15. Limitation of liability
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), NOS Microsystems Ltd. and any of its suppliers under any provision of this EULA shall not be liable for the actual damages you incur in reasonable reliance on the Software. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12, 13, 14, and 15) shall not exceed total amounts paid to NOS Microsystems Ltd.
In no event will we, our affiliates and our or their employees be liable for anything. We will also not be liable in any contract, warranty or tort. This does not exclude negligence or any other form of liability. We expressly exclude this for:
- any indirect, special, incidental or consequential damages that you may suffer as a result of the use of our Platform
- any direct or indirect loss of income, business or profits you suffer
- any claims, damages or losses that you may incur as a result of your transactions in connection with our Platform
Notwithstanding the foregoing, nothing in this User Agreement shall limit or exclude the liability of us and our affiliates and affiliates if and to the extent applicable law otherwise provides and in violation of relevant fair dealing laws.
To the extent we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of any non-excludable condition or warranty implied by law to the following remedies at our sole discretion.
16. Acceptable use policy and applicable law
This EULA shall be governed by and construed in accordance with the laws of the United Kingdom. This specific chapter is regulated by the "Copyright, Designs and Patents Act 1988 (Chapter 48) " and the "World Intellectual Property Organization Copyright Treaty". NOS Microsystems Ltd. respects the intellectual property rights of others. NOS Microsystems Ltd. has no responsibility for content of other owners that you may find, access, download and/or upload when using the Software. Any such material may be protected by copyright and the intellectual property laws of the jurisdiction from which it originates. The terms of use that are posted by the respective owners of those materials, and not of NOS Microsystems Ltd., govern your use of that material. You are responsible for complying with all laws and regulations applicable to the material that are made available, downloaded or shared using the Software. NOS Microsystems Ltd. does not accept responsibility for inappropriate or illegal activity whilst using the Software and will discontinue any illicit communication or abuse of the service which it may detect. This includes:
- Harmful or threatening actions against, or the exploitation of children.
- Sharing of inappropriate content (nudity, bestiality, pornography, graphic violence or other criminal activity).
- False, misleading or defamatory activity (fraud).
- Other illicit or harmful activity (transmitting viruses, stalking, sharing terrorist content, hate speech, advocating violence, or asking for money under false pretences).
- Infringing the rights of others (unauthorized distribution or resale of copyrighted content).
- Violating the privacy or data protection rights of others.
- Other illegal or inappropriate activity.
17. Entire agreement; severability
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and NOS Microsystems Ltd. relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any NOS Microsystems Ltd. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. Changes to terms
We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
19. Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.