Terms of Service

Agreement to these terms

These Terms of Service ("Terms") form a binding agreement between you and CloudGate Technologies Pty Limited (ACN 673 209 553) ("CloudGate", "we", "us" or "our") governing your use of the CloudGate cloud storage application and website on Android, iPhone and the web (together, the "Service").

By creating an account, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" includes that organisation.

Eligibility and your account

You must be at least 16 years old, or the minimum age required in your country, to create an account.

• You must provide accurate information when registering and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account, whether or not authorised by you.
• You must notify us immediately at support@cloudgate-app.com if you suspect unauthorised access.
• You may not share, sell, transfer or licence your account to any other person.

We may refuse registration, or suspend or close any account, at our discretion where we reasonably believe these Terms have been breached.

The Service, plans and storage limits

CloudGate provides cloud storage and backup for personal files. The Service includes a free plan and paid plans with larger storage allowances.

• Free: 100GB of storage
• Plus: 250GB of storage
• Pro: 500GB of storage
• Family: 1TB of storage

We may change plan inclusions, storage allowances, features and pricing. Where a change materially reduces what you have paid for, we will give you reasonable notice before it takes effect and, where required by law, offer a pro-rata refund of the unused portion.

Fair use: we may apply reasonable limits on file sizes, upload rates, sharing volumes and API requests to protect the stability of the Service for all users.

Billing, renewals and cancellation

Paid plans are available on monthly or yearly billing.

• Prices are shown and charged in the currency applicable to your country. Prices displayed include GST or any other sales tax that applies to you.
• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Where you subscribe through the Apple App Store or Google Play, billing, renewal and refunds are handled by that store under its own terms, and you must manage or cancel your subscription there.
• You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Except where required by law, payments are non-refundable and we do not provide refunds for partial periods.
• If a payment fails, we may retry, suspend paid features, or downgrade your account to the free plan after reasonable notice.

If your account is downgraded and your stored data exceeds the free allowance, you will have until the end of your current billing period to reduce usage or upgrade before we may restrict uploads or remove content in excess of the allowance.

Your content

You retain all ownership rights in the files you upload ("Your Content"). We claim no ownership over them.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, reformat and display Your Content solely to the extent necessary to provide, maintain and secure the Service for you. This licence ends when Your Content is deleted, subject to routine backup cycles.

You represent and warrant that:

• You own Your Content, or have all rights and permissions necessary to upload, store and share it
• Your Content does not infringe any third party intellectual property, privacy or other rights
• Your Content does not breach any applicable law

You are solely responsible for Your Content and for anything that happens as a result of you sharing it.

Acceptable use

You must not use the Service to store, share, transmit or facilitate any of the following:

• Content that is unlawful, or that infringes copyright, trade marks or other intellectual property rights
• Child sexual abuse material, or any content that sexualises or exploits minors
• Content that harasses, threatens, defames or incites violence or hatred against any person or group
• Malware, viruses, ransomware or code designed to disrupt or gain unauthorised access to systems
• Content that breaches the privacy of others, including intimate images shared without consent
• Material supporting terrorism, or instructions for constructing weapons

You must also not:

• Attempt to gain unauthorised access to the Service, other accounts or our infrastructure
• Reverse engineer, decompile or attempt to derive source code, except to the extent this restriction is prohibited by law
• Use the Service to distribute unsolicited bulk messages or operate a public file distribution or hosting service
• Circumvent storage limits, rate limits or access restrictions, including by operating multiple accounts to obtain additional free storage
• Resell, sublicence or commercially exploit the Service without our written permission
• Use automated systems to access the Service in a way that imposes an unreasonable load on our infrastructure

We may investigate suspected breaches and may remove content, suspend or terminate accounts, and report unlawful activity to authorities.

Copyright and takedown requests

We respect intellectual property rights and expect users to do the same.

If you believe content stored on the Service infringes your copyright, send a notice to support@cloudgate-app.com including: identification of the copyrighted work, the location of the allegedly infringing material, your contact details, a statement that you have a good faith belief the use is not authorised, and a statement that the information in your notice is accurate.

We may remove or disable access to content that is the subject of a valid notice and may terminate accounts of repeat infringers.

Service availability and backups

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error free operation. The Service may be unavailable during maintenance, upgrades, or due to events outside our control.

We may modify, suspend or discontinue any part of the Service. If we discontinue the Service entirely, we will give you reasonable notice and a reasonable opportunity to export Your Content.

Suspension and termination

You may stop using the Service and close your account at any time.

We may suspend or terminate your access, with or without notice, where:

• You breach these Terms or our acceptable use requirements
• We are required to do so by law or by a lawful request
• Your use poses a security risk, or may cause harm or liability to us, other users or third parties
• Your account has been inactive for an extended period, following notice to your registered email
• Payment for a paid plan has failed and remains unresolved

Where practical and lawful, we will give you notice and a reasonable opportunity to export Your Content before termination. Following termination, we will delete Your Content in accordance with our Privacy Policy.

Sections concerning content ownership, disclaimers, limitation of liability, indemnity and governing law survive termination.

Disclaimer of warranties

To the maximum extent permitted by law, and subject to the Australian Consumer Law section below:

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Service will meet your requirements, that it will be uninterrupted, timely, secure or error free, that defects will be corrected, or that Your Content will always be available or free from loss or corruption.

No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded or limited.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are entitled to do so, our liability for breach of a non-excludable guarantee is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

Limitation of liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law section above:

• We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss, corruption or unavailability of data, however caused and whether in contract, tort (including negligence), statute or otherwise.
• Our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the greater of: (a) the total amount you paid us for the Service in the twelve months immediately before the event giving rise to the claim; or (b) AUD $100.
• For users on the free plan who have paid us nothing, our total aggregate liability is limited to AUD $100.

These limitations apply even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose. You acknowledge that these limitations are a reasonable allocation of risk and form a fundamental basis of the bargain between us, including our ability to offer a free plan.

Indemnity

You agree to indemnify, defend and hold harmless CloudGate, its officers, directors, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or connected with:

• Your Content, including any claim that it infringes the rights of a third party
• Your use or misuse of the Service
• Your breach of these Terms or of any applicable law
• Your breach of the rights of any third party

We will notify you of any such claim and may, at our option, assume the exclusive defence and control of the matter at your expense.

Changes to these terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable notice by email or in the app before they take effect.

Your continued use of the Service after the effective date means you accept the updated Terms. If you do not accept them, you must stop using the Service and may close your account.

Governing law and disputes

These Terms are governed by the laws of Western Australia, Australia, without regard to conflict of laws principles.

You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from them.

Before starting proceedings

If a dispute arises, you agree to first contact us at support@cloudgate-app.com and attempt to resolve it informally. Most issues can be resolved quickly this way. If a dispute is not resolved within 30 days, either party may commence proceedings.

Nothing in this section prevents either party from seeking urgent injunctive relief.

General

Entire agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings.

Severability

If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.

No waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.

Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, industrial action, network or power failures, or acts of government.

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