Terms and Conditions ("Terms")


Last updated: 2019-oct-01

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the cloudy.sh website and associated client software (the "Service") which were provided by cloudy.sh ("Provider"). Please not that the term pluralis majestatis is used frequently in this document as a way to reckon with the Provider.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.

Privacy and Confidentiality Statement

We are committed to protecting your privacy. Client records are regarded as confidential and therefore will not be divulged to any third party, except if legally required to do so to the appropriate authorities.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Supplier of the Service will only be in connection with the provision of agreed services and products.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. The Suppliers of the Service have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Supplier of the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Content

The content in use on this website is subject to the following terms of use.
  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. The Supplier of the Service is not responsible for any user generated content, it is solely the responsibility of the aforementioned user to correctly identify the lawfulness of the content he publishes via the Service. You may not use the Service for the publication, distribution or transmission of copyrighted text, music, video, art, software, images or other work protected by copyright law unless you have received permission from the copyright holder to do so or copyright law permits such publication, distribution or transmission without the permission of the copyright holder.
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which the Supplier shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. The Supplier of the Service does not own the copyright of the user generated content found on this website.

Unacceptable Content

It is not permitted the use of the Service for the purpose of publishing, transmitting or promoting illegal material including, but not limited to:
  1. Material which constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
  2. Material which is excessively violent, incites violence, promotes violence, or contains harassing content or hate speech
  3. Material which is defamatory or violates a person’s privacy
  4. Material which a risk to a person’s safety or health, creates a risk to public safety or health
  5. Material which improperly exposes trade secrets or other confidential or proprietary information
  6. Material which promotes illegal drugs or addictives
  7. Material which is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us.
  8. Material which directly promotes, advertises or encourages the purchase of commercially available products.

Misuse of the Service

It is not permitted to misuse the Service by knowingly introducing any Malicious Code in the Service or associated products. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service and its provider via a denial-of-service attack or a distributed denial-of service attack. To :
  1. probe, scan, or test the vulnerability of any system or network associated with the Service and its Provider
  2. breach or circumvent any security or authentication measures associated with the Service and its Provider
  3. violate the law by publishing or sharing material that's fraudulent, defamatory, or misleading or violates the privacy or infringe the rights of others
  4. sell the Service without authorization from the Provider
are considered unacceptable behaviour and will be acted upon harshly. We will report any such illegal activity performed by any entities to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity of these parties to them. In the event of such a breach, the right of the offending parties to use the Service will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it. It is not permitted the Reverse Engineering of the client application or associated products. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the Service or associated products or permit or encourage any third-party to do so.

Intellectual Property and Ownership

cloudy.sh shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of cloudy.sh.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Norway and the European Union.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Disclaimer

cloudy.sh is a highly experimental personal (but regardless fun) project initially aimed to learn the coexistence of several web based and desktop technologies by merging them into a product which tries to deliver some value to its users, but as an establishment it is not associated with any business entity, has no commercial activity, and does not generate any profits for its creator. Considering this, please acknowledge that you use this project at your own risk, and the Service might be discontinued any time with or without warnings. We have a very limited budget (and time) we can spend on maintaining and running the Service, so whenever you feel that there is something lacking, that the network speed is slow, the site is irresponsible, it is not you, it is us trying to balance the best of both worlds we live in: the fun one and the one giving food for maintaining our current state of conscious physical existence. We try to provide software of the highest quality, but in no event shall we, the Supplier of the Service be responsible for any direct or indirect losses including but not limited to:
  1. loss of income or revenue
  2. loss of business
  3. loss of business opportunities
  4. loss of profits or contracts
  5. loss of anticipated savings
  6. loss or leak of data
  7. loss of equipment
  8. loss or leak of any other kind of data stored on your computers
  9. any other losses you have suffered
as a result of your use of the Service.

Please consider the statement above, since from this point on you effectively have the possibility to expose the content of the folders from your computer to the outside world, so we ask you, to:

  1. Be responsible. Own what you share, you have the responsibility to verify that it does not fall in any of the categories listed in the "Unacceptable Content" section.
  2. Do know what you share. If you share a folder which has your private information in it and that information is abused by other users we shall not be responsible for that.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Data collection and privacy policy


Last updated: 2019-oct-01

Here we describe what data do we collect when you use our software and services, why do we need it and how we handle that data.

Personal data

Account information is retrieved upon registration. Consists of:
  1. username ("User")
  2. email address ("Email")
The Email is used as a way of communicating with the User, also for account activation and two-factor authentication. We don't sell emails to third parties. The Username should be something that identifies your online presence in our Service, however when taking into consideration security matters, your identity should not be directly derivable from your username. For us it is perfectly reasonable to have a random string as username as long as you can remember it.

Your files. Our Service is designed as a simple and personalized way for you to remotely access your files and photographs ("Your Files"), give access to others or yourself, and work across multiple devices and platforms. To make that possible, we have to process, and transmit Your Files as well as information related to it. This related information includes file size, location on disk and additional metadata you have provided (such as description).

Device information We collect information from and about the computers or devices you use to access the Service. This includes the followings:

  1. IP address
  2. Operating system type
  3. Computer name as reported by the operating system
We use the IP address to try to detect abuse of our system, and to correctly identify the clients connected to it, but also for identifying and troubleshooting bugs. We use the operating system type and computer name as a convenience for you to present nicely rendered information in the user interface.

Security

Our site does not use cookies in order to track your online presence, nor is your online status tracked by us. We made the site as robust as possible, by including several security tightened solutions and two factor authentication, and we are working continuously to enhance and improve the site and the safety around our product. However, please consider this more as a beta-stage science experiment, than a full grown product. In case you detect any behaviour which is not in conformance with your expectations please contact us at contact@cloudy.sh