Amaryllo Cloud is a cloud-based content management platform. Our products make it easier for people to back up files and 24/7 access to your files anywhere, anytime. Since our products are cloud-based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.
This document, the Amaryllo Cloud Terms of Service (“Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Amaryllo so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing, or browsing the Amaryllo Cloud Service, platform, and products including applications, mobile, software, websites, or other properties owned or operated by Amaryllo or by registering for an Amaryllo account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by Amaryllo (“Amaryllo” or “we”).
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Amaryllo that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
In order to use the Service, you must be legally permitted to accept these Terms.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms. We will post the most current version of these Terms at cloud.amaryllo.us (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing firstname.lastname@example.org. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
3. YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Amaryllo you must: (a) provide true, current, and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current, and complete. You are entirely responsible for all materials and information that you upload, post, or otherwise transmit via the Services.
4. ACCOUNT ACCESS BY EMAIL ADDRESS
Using our Services and accessing your Content requires an email address and a password. Email address is the account you use to gain access to your files. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Amaryllo is not responsible for any losses arising from the unauthorized use of your account. Please contact Amaryllo if you suspect that your account has been compromised.
It is solely your responsibility to ensure that you keep your password confidential. WE STRONGLY RECOMMEND THAT YOU ABIDE BY BEST PRACTICES WHEN CHOOSING A PASSWORD FOR YOUR ACCOUNT and may require you to follow rules such as using special symbols or a minimum number of characters in your password, as well as prompt you to change passwords from time to time, and prohibit using previously used passwords. Do not share your password with anyone else, including Amaryllo representative. We will never ask for your password. You understand the security risks if you do decide to share your password with any other person, and that you will be held responsible for any illegal or prohibited herein actions that that person may take with regard to your account and/or Content.
5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with Amaryllo or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Amaryllo's products and services. Please review your settings in your account to control the messages you receive from us or you may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communication s by following the instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.
We call all the electronic documents that you upload and store on your account “Content”. All Content uploaded by you into your account is yours! We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content in your Amaryllo account(s) and that you share through the Services and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using, or transmitting Content you confirm that you will not violate any law or these Terms. You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.
You are solely responsible for the security of your Content and understand that while there may be tools available to help you reset your password, losing both your password and the associated email account you used when you signed up for the service will result in you losing access to your Content.
7. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
Amaryllo respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
8. SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion if a) you are in breach of these Terms; or b) your use of the Services could cause a risk of harm or loss to Amaryllo or our other users; or c) Amaryllo declines to renew your Subscription Period. When reasonable and as permitted by law, Amaryllo will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Amaryllo’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Amaryllo, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Amaryllo may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services. It is your responsibility to download or back up your Content prior to termination of Service.
9. UPDATES TO THE SERVICE
We can make necessary deployments of changes, updates, or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
10. NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, AMARYLLO AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
11. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR AMARYLLO AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF AMARYLLO HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU ACKNOWLEDGE THAT AMARYLLO. DOES NOT CONTROL THE INTERNET AND THAT UNAUTHORIZED PERSONS (E.G HACKERS), TROJAN HORSES, VIRUSES, WORMS, AND OTHER MALWARE MAY ATTEMPT TO GAIN ACCESS TO AND/OR DAMAGE YOUR CONTENT AND/OR DEVICES. AMARYLLO SHALL NOT BE RESPONSIBLE FOR ANY SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT AND DATA.
12. DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end-users, and end-use.
(a) Contact Amaryllo First. If a dispute arises between you and Amaryllo, our goal is to learn about and address your concerns. You agree that you will notify Amaryllo about any dispute you have with Amaryllo regarding these Terms & Conditions by contacting Amaryllo at email@example.com.
(b) You must first present any claim or dispute to Amaryllo by contacting Amaryllo at firstname.lastname@example.org to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Amaryllo. Amaryllo may request arbitration against you at any time after it has notified you of a claim or dispute. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms & Conditions provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor Amaryllo nor the arbitrator may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(c) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(d) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Amaryllo. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration hearing.
(e) YOU MUST CONTACT AMARYLLO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(f) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Amaryllo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(g) This arbitration section shall survive termination of these Terms & Conditions.
13. SERVICE PLANS AND STORAGE ALLOCATION
(a) Service Plans; Trial Plans; Lifetime Plans. The Cloud Service offers plans with different limits and fees (each a “Service Plan”). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.
(b) Fees. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Cloud Service.
(c) Changing Your Service Plan. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as defined below), we may delete or restrict access to Your Files.
(d) Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a “check” or “ATM” card, a debit card typically has the word “debit” printed on the face of the card.
(e) Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
(f) If you exceed your storage capacity on your Service plan, and do not respond to our notice via email and/or within the Software to fix your account by either removing excess Content from your account, or upgrading your Service plan, we reserve the right to disable certain functions of the Service (such as upload, duplicate, copy or edit), terminate your account, disable your access to your Content, or delete your Content.
14. BILLING & PAYMENT
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Amaryllo has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services, and subsequently the deletion of all your Content without the ability to recover.
15. SUBSCRIPTION PERIOD
You may select one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
A monthly subscription plan (“Monthly Subscription Plan”). 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.
An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least three (3) business days prior to your renewal date.
A one-time payment lifetime plan ("Lifetime Plan"). Lifetime Plans require a single purchase and are in effect for 99 years or the lifetime of the account owner, whichever may be shorter. Amaryllo Lifetime Storage Plans require no recurring monthly/annual payments and cannot be refunded for unused days.
Note that under the Annual Subscription Plan you will not be permitted to cancel or downgrade the Amaryllo Service you have selected until the anniversary date. If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
16. Subscription Auto-Upgrade
In order to ensure that Customers will not experience any interruption or loss of service, customer have the option to enroll into the automatic subscription upgrade. When customers have less than 10% of storage space remaining the plan will automatically be upgraded to the next storage tier; For example 100GB to 200GB. You will be billed in full for the upgraded plan immediately. If any credits remain after the initial purchase of the original service plan it will be applied towards the duration of the new subscription.
(a) Use of the Software. We may make available to you software for your use in connection with the Cloud Service (the “Software”). Your use of the Software is subject to Amaryllo's Terms of Service.
(c) Automatic Software Updates. Amaryllo may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Amaryllo provides. Your continued use of the Product is your agreement to this ULA.
If you have questions or concerns about Amaryllo's Terms of Service, please email us at email@example.com.