1. Acceptance of terms
These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and [Company Name], a company registered in [Jurisdiction] ("WooCloud", "we", "us"), governing your access to and use of the WooCloud service available at woocloud.net and its associated applications, APIs and software clients (collectively, the "Service").
By creating an account, installing a client, or otherwise using the Service, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, you must not use the Service.
2. Description of the service
WooCloud provides online storage, synchronisation and sharing of files, with client-side end-to-end encryption ("E2EE") designed so that file contents and file names you store are encrypted on your device before transmission and cannot be read by WooCloud in the ordinary course of operating the Service.
The Service is provided on a continuous, best-effort basis. We may modify, enhance, suspend or retire specific features from time to time. We will provide reasonable notice of material changes that adversely affect functionality on paid plans.
3. Accounts and registration
To use the Service you must create an account by providing a valid email address and choosing a password. You are responsible for:
- maintaining the confidentiality of your credentials, encryption keys and recovery codes;
- all activity that occurs under your account, whether or not authorised by you;
- providing accurate information and keeping it up to date;
- notifying us promptly of any suspected unauthorised access.
You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to create an account. Accounts are for a single user unless you are on a Business plan that expressly permits multiple seats.
4. Your content and zero-knowledge encryption
You own your content. You retain all rights in the files, data and materials you upload, create or store through the Service ("Your Content"). We do not claim ownership of Your Content.
You grant WooCloud a limited, non-exclusive, royalty-free licence to host, store, transmit, back up and display Your Content solely to the extent necessary to operate and provide the Service to you (for example, replicating encrypted blobs across storage nodes, delivering them to your devices, and processing share links you create).
You represent and warrant that you have all necessary rights to upload, store and share Your Content through the Service, and that doing so does not violate the rights of any third party or applicable law.
5. Acceptable use policy
You agree not to use the Service to store, transmit, share or facilitate any content or activity that:
- infringes intellectual property rights or misappropriates trade secrets;
- constitutes child sexual abuse material or otherwise sexualises minors in any form;
- is defamatory, harassing, threatening, or invades another person's privacy;
- promotes or facilitates terrorism, violent extremism, or the trafficking of human beings or controlled substances;
- contains malware, viruses, or other code designed to disrupt or compromise systems;
- violates any applicable law or regulation in your jurisdiction or in [Jurisdiction].
You also agree not to:
- reverse-engineer, decompile or attempt to derive source code of non-open-source parts of the Service;
- probe, scan or test the vulnerability of the Service except through our published security programme;
- circumvent storage quotas, rate limits, or access controls;
- use the Service to provide a substantially equivalent hosted storage service to third parties without our prior written consent;
- resell, sublicense or transfer your account to another person.
6. Plans, billing and renewals
The Service is offered under a free plan and several paid plans. Current features and prices are published on our pricing page and are incorporated into these Terms by reference.
6.1 Fees and taxes
Fees are stated exclusive of applicable taxes, which will be added where required. You are responsible for any taxes associated with your use of the Service in your jurisdiction, other than taxes based on our net income.
6.2 Automatic renewal
Paid subscriptions renew automatically at the end of each billing period on the same cadence (monthly or annual) unless cancelled before the renewal date. We will attempt to charge the payment method on file. You may turn off automatic renewal at any time from your account settings.
6.3 Failed payments
If a renewal payment fails, we will retry for up to 14 days. If payment is not received, your account may be downgraded to the free plan. Encrypted content exceeding the free plan storage limit may be placed in a read-only state for a further 30 days before deletion.
7. Cancellation and refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you will continue to have access to paid features until then.
Except where required by mandatory local consumer law, paid fees are non-refundable. For annual plans, we may, at our sole discretion, provide a pro-rata refund for unused months if you cancel within 14 days of the initial purchase or of a renewal.
8. Suspension and termination
We may suspend or terminate your access to the Service, in whole or in part, if:
- you breach these Terms, the Acceptable Use Policy, or applicable law;
- your account remains inactive on the free plan for 12 consecutive months, after at least one prior email notice;
- we are required to do so by a binding legal order or regulatory obligation;
- continued provision of the Service to you would expose WooCloud or other users to material risk.
On termination, your licence to use the Service ends. You will have a reasonable period (at least 30 days for paid plans not terminated for cause) to export your content using the client applications, after which we may delete encrypted data associated with the account.
9. Intellectual property
The Service, including its software, design, trademarks and branding (other than Your Content), is owned by WooCloud and its licensors and is protected by applicable intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose.
Open-source components of our clients are licensed separately under the licences published in the relevant source repositories and remain governed by those licences.
10. Disclaimers of warranty
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.
We do not warrant that the Service will meet your requirements, that stored data will never be corrupted, or that the Service will be free from unauthorised access despite our security measures. You are responsible for maintaining independent backups of any data that is critical to you.
11. Limitation of liability
To the maximum extent permitted by law, in no event shall WooCloud, its officers, employees, agents or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, however arising and under any theory of liability.
Our aggregate liability to you for all claims arising out of or in connection with the Service and these Terms will not exceed the greater of (a) the fees you paid us for the Service in the 12 months immediately preceding the event giving rise to the claim, and (b) fifty euros (EUR 50).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify and hold harmless WooCloud and its affiliates from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with (a) Your Content; (b) your use of the Service in violation of these Terms; or (c) your violation of any law or of the rights of a third party.
13. Governing law and disputes
These Terms are governed by the laws of [Jurisdiction], without regard to its conflict-of-law rules. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts located in [Jurisdiction], except where mandatory consumer-protection law entitles you to bring proceedings in your country of residence.
14. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will provide notice by email (to the address associated with your account) and/or through the Service at least 30 days before the changes take effect, unless the changes are required for legal, regulatory or security reasons and must take effect sooner. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be sent to legal@woocloud.net, or by post to [Company Name], [Registered Address].