Degoo - Terms of Service

Terms of Service

These Terms of Service (“Terms”) constitute an agreement between Degoo Backup AB, org. nr. 556886-0729, (”Degoo”) and you, as a user of the Degoo Services (“User”). These Terms govern the use of the Services and shall apply to all Users using it.

1. Definitions

App – Degoo’s application, available on Apple iOS, Windows, Mac OS and Google Android.

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

Platform – Degoo’s website, with current URL www.degoo.com, and the App.

Services – All of or parts of the backup services and cloud storage, as well as other services which Degoo may offer its Users’ from time to time.

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

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

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

2. Acceptance of the Terms

2.1 Prior to creating a User Account or otherwise using the Services, the User must have read, understood and accepted the Terms. Further, User undertakes to carefully read any and all future revisions of or amendments to the Terms and not to use the Services unless the User has read, understood and accepted such revised or amended Terms. Should the User create a User Account or use the Services on behalf of a company or other legal entity, the User represents and warrants that it has full authority to bind that company or other legal entity to the Terms.

3. User Account

3.1 The User acknowledges that all User Account data provided by the User to Degoo is true and correct and that, when necessary, the User will update the User Account data on the Platform, so that it at all times remains true and correct. The User is solely responsible for maintaining the confidentiality of login information and Degoo shall have no responsibility for any unauthorized use of the User Account.

3.2 The minimum age for opening a 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.

3.3 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 or other Degoo guidelines, including, but not limited to, the circumvention of technological measures, tampering with the Software, Platform or the Services, or the deliberate destruction of Users’ data.

3.4 The User is solely responsible for any Content the User transmits or uploads while using the Services.

3.5 Degoo will delete the User Account and all Content uploaded to that User Account if the User has been inactive for a period of two (2) months. Before a User Account and Content is deleted, however, Degoo will send a notification to the User. Log-in in to the User Account on the website or use of the App will count as activity.

4. The Services

4.1 The form and nature of the Services might be extended or reduced in the future. Information on the Services is provided on the Platform.

4.2 Degoo may from time to time offer premium services, as available on the Platform.

4.3 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 its User Account with 30 days written notice.

5. Right to Use

5.1 Degoo grants the User a non-exclusive, limited license to install the App on the User’s device(s) in accordance with the Terms and any applicable Apple App Store/Google Play Store terms and conditions. The license is only granted to the User for as long as the User has a valid User Account.

5.2 Except as expressly granted in the Terms, the User shall have no other rights to the App. All rights not expressly granted are reserved and retained by Degoo.

5.3 The User may not use, copy or transfer the App, or parts thereof, other than as permitted under the Terms. The User may under no circumstances alter, develop, or create additions to the App. Further, The User may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App, or create backup copies, except as provided by mandatory law.

5.4 The User may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the App.

6. User Support

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

6.2 If the User discovers default or disorder in relation to the Services, the User shall notify [email protected]

7. The Use of the Services and the User´s Liabilities

7.1 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 the Terms. The User may not use the Services in a way that causes Degoo or a third party harm. If the User becomes aware of the Services being used in violation of the Terms, the User shall, if possible, immediately terminate such use and inform Degoo of the violation.

7.2 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.

7.3 The User is not permitted to assign or otherwise transfer its rights and obligations under the Terms.

7.4 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 and child pornography).

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

7.6 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, Degoo’s guidelines, 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.

8. The Liabilities of Degoo

8.1 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.

8.2 The User is aware of the fact and accepts that system down time, system disruption and system disorders in relation to the Platform, Services, Software, 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.

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

8.4 DEGOO’S AGGREGATE LIABILITY WITH RESPECT TO THE SERVICES AND THE PLATFORM SHALL BE LIMITED TO DIRECT DAMAGE OF PROPERTY AND IN TOTAL NOT EXCEED THE ANNUAL AMOUNT PAYABLE BY USER FOR THE SERVICES. 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 OR CONTENT. DEGOO IS IN NO EVENT LIABLE FOR THE USER’S OR SOMEONE ELSE’S LOSS OR DAMAGE, NO MATTER HOW THE CLAIM AROSE.

8.5 7.5 THE SERVICES, THE PLATFORM AND THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DEGOO DOES NOT WARRANT THAT THE USE OF THE SERVICES, THE PLATFORM AND THE SOFTWARE WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET THE REQUIREMENTS OF THE USER.

9. Force Majeure

9.1 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.

10. Users Providing Computer Processing Power

10.1 As part of the Services, a User may choose to share storage computer processing power by using peer-to-peer technology. Such computer processing power shared by the User may be used or licensed by Degoo at its discretion. For that purpose, Users sharing computer processing power are regarded as subcontractors to Degoo (“Subcontractor”). The Subcontractor warrants that these Terms and any applicable guidelines shall apply to its shared computer processing power. The Subcontractor further indemnifies Degoo for any and all damages, losses or inconveniences due to circumstances on the Subcontractor’s part.

11. Fees and Payment

11.1 Degoo may offer free cloud storage for its Users, as described on the Platform.

11.2 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.

11.3 Degoo may offer premium services from time to time. If the User wishes to utilize such premium services, the User shall pay the applicable fees.

12. Privacy

12.1 Personal data provided to us by you in connection Service will be used and processed in accordance with the Privacy Policy and the Swedish Personal Data Act (1998:204) or the General Data Protection Regulation (EU 2016/679), whichever is applicable. Please read the Privacy Policy for more information.

13. Terms Applicable for iOS Devices

13.1 The User acknowledges and agrees that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against the User as a third-party beneficiary thereof.

13.2 Apple Inc. will not provide any support.

13.3 IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APP INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, DEGOO, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.

13.4 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE TERMS.

14. Termination, notice and inactivation of User Account

14.1 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.

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

15. Amendments

15.1 Degoo may modify and amend these Terms. Such amendments shall enter into effect 30 days from the date which Degoo has provided notice of the changes to the User via the Platform. 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 User Account with 30 days of written notice. The User is required to stay updated in regards to the current Terms applicable at the time of accessing the User Account and the Services.

16. Law and Venue

16.1 These Terms shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.

16.2 Any dispute regarding the Platform and the Services shall be settled in Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance. Consumers in the EU may also contact the relevant body for consumer disputes. We participate in such dispute resolution procedures and follow the recommendations given by such bodies.