Degoo - Terms of Service

Last updated 2013-07-02

1. General

The following provisions shall apply between Degoo Backup AB, org. nr. 556886-0729, ("Degoo") and you, as a user of the Degoo Services ("User").

2. Definitions

User – Companies, organizations, educational facilities as well as employees and/or students or other individuals that could be a User or hold a User Account.

User Account – The Platform log on account which is created by the User.

Content – The content which is uploaded by the User, including but not limited to pictures, texts and videos.

Services – All of or parts of the backup services and storage, including the Software and backup storage on third party storage devices, as well as other services which Degoo may offer its customers from time to time.

Software – The Degoo software available for download on the Platform, required in order to use the backup services.

Platform – Degoo's current website, where the User can access and download the Software. The current URL is www.degoo.com.

3. Information regarding the Service

3.1. Degoo offers an opportunity for Users to utilize the Platform Services. Such Services consist of backup of User’s Content to third party storage devices. The form and nature of these Services might be extended or reduced in the future. Information regarding the form and nature of the Services will be updated regularly on the Platform.

3.2. The Services are provided by Degoo in cooperation with Users who make storage space available. For that purpose only, such Users are considered subcontractors to Degoo, and these Terms of Service apply to the Services, including storage services.

3.3. Degoo may from time to time modify the Services, parts of the Services or additional Services without prior notice. If the User does not accept the proposed modification or amendment, the User may terminate his/her Platform User Account with 30 days of written notice.

4. User Accounts

4.1. The minimum age for opening a Platform User Account is 18 years of age, unless parental consent is obtained. Regarding students enrolled in educational facilities, the educational facility shall ensure that these provisions are met. Degoo reserves the right to determine whether these provisions are met.

4.2. If Degoo suspects that someone unauthorized has obtained or may obtain access to a User Account password, Degoo may disable access to such User Account. Degoo may also disable access to and/or terminate a User Account when it is suspected that the User has violated any provisions of the Terms of Service or other Degoo guidelines, including, but not limited to, the circumvention of technological measures, tampering with the Software or the Services, or the deliberate destruction of Users’ data.

4.3. It is the User who is solely responsible for any Content such User transmits while using the Services.

5. User Support

5.1. Degoo is in no event liable for improper functioning with regards to the Services (including the Software). The User is not entitled to any compensation or sanction if such improper functioning occurs. However, Degoo does strive to keep the Services as error-free as possible.

5.2. If the User discovers default or disorder in relation to the Services, the User is required to notify [email protected] without delay.

6. The use of the Service and the User's liability

6.1. The User may use the Services only for such purposes that are permitted by applicable law or regulation. The User undertakes to comply with Degoo's from time to time applicable guidelines and Terms of Service. The User may not use the Services in a way that causes Degoo or a third party harm. If a User becomes aware of the Services being used in violation of these provisions, the User shall, if possible, immediately terminate such use and inform Degoo of the violation.

6.2. In relation to Degoo as well as Degoo's subcontractors and partners, the User is solely responsible for all Content communicated, transmitted or uploaded through the Services and the User Account, including for example text, pictures, sounds, data, video and links.

6.3. The User is not permitted to assign or otherwise transfer his/her rights and obligations under these Terms of Service.

6.4. The User specifically agrees not to upload, communicate or publish information that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation).

6.5. The User is solely responsible for not infringing Degoo's or third party's copyright or other intellectual property right.

6.6. The User shall indemnify and hold harmless Degoo from any direct or indirect claim made by any third party arising out of Users’ use of the Services. This means that if a User or someone acting on the User's behalf should cause Degoo or a third party damage, User shall indemnify and hold harmless Degoo from any such claim.

6.7. Degoo reserves the right to, without prior notice and without compensation, remove any material that Degoo finds obscene, contains inappropriate material and/or in any other way should violate the Terms of Service, Swedish law and/or infringes someone else's intellectual property rights. Degoo reserves the right to immediately terminate the User Account or the Services in accordance with the provisions above, without liability for any damages in relation to the User.

7. The liabilities of Degoo

7.1. Degoo is not responsible for Content in or access to User Accounts or linked content. By providing access to the Services, Degoo is not responsible for intellectual property infringement.

7.2. The User is aware of the fact and accepts that system down time, system disruption and system disorders in relation to the Platform, Services, data systems or data networks might occur from time to time. The User is further made aware that the quality of the Services is affected by the quality of networks, Internet suppliers and third party's server and data performances, including subcontractors. Degoo does not warrant or guarantee certain accessibility in regards to the Services.

7.3. The User is in no event entitled to compensation due to defaults or improper functioning of the Services.

7.4.Degoo's aggregate liability with respect to the Services shall be limited to direct damage of property and in total not exceed the annual amount payable by User when not sharing any storage (even if storage in practice is shared). Degoo is not liable for any indirect losses or indirect damage such as loss of profit, loss of savings, loss of potential agreements and loss of data. Degoo is in no event liable for the User's or someone else's loss or damage, no matter how the claim arose.

8. Force majeure

8.1. Degoo is in no event liable for damage, loss or inconveniences due to circumstances beyond Degoo’s reasonable control. This includes but is not limited to fire, explosion, war, flooding, default or deficiency in telecommunication and data communication, weather conditions, the quality of the networks, operations by Internet service providers, third party's servers, data performance, labor disputes or regulatory actions.

9. Users providing storage

9.1. As part of the Services, Users may provide storage space for other Users’ backup purposes. For that purpose, Users providing storage are regarded as subcontractors to Degoo (“Subcontractor”). The Subcontractor warrants that these Terms of Service shall apply to its storage service. The Subcontractor further indemnifies Degoo for any and all damages, losses or inconveniences due to circumstances on the Subcontractor’s part.

9.2. As a User of the Services, you understand and acknowledge that your Content will be stored on other Users’ computing devices, including but not limited to handheld devices, PCs and servers.

10. Fees and Payment

10.1. User shall pay the applicable fees for use of the Services as described on the Platform. User shall pay fees by using Paypal or other methods of payment as may be supported by Degoo. Degoo may increase or add fees and charges for any existing Services by giving User at least 30 days advance notice. Late interest of 3 % per month may be charged on all late payments.

11. Personal Data, Cookies and storage of Content

11.1. It is of utmost importance for Degoo to protect its Users' integrity. However, the User bears the sole responsibility and takes on all the risk associated with using the Platform and Services, Internet in general, as well as uploading or accessing Content via the Services.

11.2. Degoo does not share the User's personal data. The User decides whether to share his/her personal data with others. Degoo processes personal data in order to open User Accounts and process User’s upload of Content for backup purposes. Personal data might be processed in Degoo's internal market analysis, business development and for statistics.

11.3. Degoo is the personal data controller regarding the opening of Platform User Accounts and the processing of such User Account data.

11.4. For any Content uploaded for backup purposes, the User uploading the Content is considered a personal data controller for personal data included in Content and the communication of a User Account. The User must in that sense abide by the Swedish Personal Data Act (1998:204) and the EU Directive 95/46/EC. The Subcontractor is considered a personal data assistant (i.e. a data processor), subject to instructions from the User uploading the Content.

11.5. To better understand, protect and meet the demands and expectations of its Users, Degoo automatically collects data from time to time relating to the traffic from the computing devices where data is stored to Degoo’s servers. This information is collected for Degoo’s internal research in order to optimize quality of its Services. The data collected may include indications on time to restore a file, a User's amount of time online, notifications on errors occurring in the Software, notifications on attempts to tamper with the Services.

11.6. As a User, you acknowledge that voluntarily submitted personal data will be stored by other Users. Such storage of personal data and Content may be hosted in several different countries, depending on where other Users are located. Please review information on www.degoo.com or contact Degoo at [email protected] to learn more about where data may be stored.

11.7. If there are questions regarding the processing of personal data or the purpose of processing personal data, the User may use the online form available on the Platform to contact Degoo. The User may also use the same form to request any correction of personal data with regards to account information registered or if the User finds that Degoo has processed personal data unlawfully.

12. Termination, notice and inactivation of User Account

12.1. The agreement is entered into for an unlimited period of time. Either party may request termination in writing at least 30 days prior to the end of the current payment period, for termination at the end of the current payment period.

12.2. Degoo may immediately terminate the User's account and terminate this agreement if the User has breached any provision of the Terms of Service. Degoo is entitled to deny a certain User access to the Platform and the Services and also deny the opening of accounts.

13. Amendments

13.1. Degoo may modify and amend these Terms of Service. Such amendments shall enter into effect 30 days from the date which Degoo has provided notice of the changes to the User. If the User finds that the proposed modifications or amendments encompass a limitation of the User’s rights in a way that the User cannot accept, the User is entitled to terminate his/her Platform User Account with 30 days of written notice. The User is required to stay updated in regards to the current Terms of Service applicable at the time of accessing the User Account and the Services.

14. Dispute

14.1. The interpretation and application of the Terms of Service shall be done according to Swedish law. Any dispute regarding the Platform and the Services shall be settled in Swedish courts, with the Stockholm city court (Stockholms tingsrätt) as the court of first instance.