Terms of service

The Summary

Klokan Technologies GmbH operates the DriveUploader.com service, which we hope you use. If you use it, please use it responsibly. If you don’t, we’ll have to terminate your account.

For paid accounts, you’ll be charged on a monthly basis. You can cancel anytime, but there are no refunds.

You own the data and files that are uploaded via DriveUploader.com and you’re responsible for keeping it safe. We provide the service “AS IS”, without any guarantees. If you require guarantees or business support contract, contact us.

The Terms of Service, DriveUploader.com itself, and our prices can change at any time. We’ll warn you 30 days in advance of any price changes. We’ll try to warn you about major changes to the Terms of Service or DriveUploader.com, but we make no guarantees.

That’s the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).

Your Agreement with Klokan Technologies GmbH

Your use of the DriveUploader.com service is governed by this agreement (the “Terms”). The “Service” means the DriveUploader.com online service, which Klokan Technologies GmbH makes available includes our web sites (https://driveuploader.com/), our blog and social network channels, our API, and any other software, sites, and services offered by Klokan Technologies GmbH in connection to any of those. “Customer Data” means any data you or third parties submit via the Service to Klokan Technologies GmbH for the purpose of saving it in the Google Drive cloud storage. “Content” means all content generated by Klokan Technologies GmbH on your behalf (including metric data and usage analytics) and does not include Customer Data.

In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that Klokan Technologies GmbH will treat Your use of the Service as acceptance of the Terms from that point onwards.

Klokan Technologies GmbH may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Klokan Technologies GmbH will treat Your use as acceptance of the updated Terms.

Your Account

  • To use the Service you need a Google Account
  • You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
  • You may not use the service unless you are over the age of 13.
  • You must be a human. Account created by automated methods are not permitted.

Use of the Service

  • You must provide accurate and complete registration information any time You register to use the Service.
  • You are responsible for the security of Your passwords and for any use of Your account.
  • Your use of the Service must comply with all applicable laws, regulations and ordinances.
  • You agree to not engage in any activity that interferes with or disrupts the Service.
  • Klokan Technologies GmbH does not enforce quotas and usage limits on the Service, but the Service rely on the Google Drive APIs controled by Google Inc., who reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in disabling or throttling your usage of the Service for any amount of time. Klokan Technologies GmbH implemented the service according the official documentation and conducts technical steps to avoid disruption of the Service, but cannot provide any guarantees.
  • You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.

Service Policies and Privacy

The Service shall be subject to the privacy policy for the Service available at privacy policy. You agree to the use of Your data in accordance with Klokan Technologies GmbH’s privacy policies. The Customer Data submitted via the Service to your Google Drive storage are not saved on the servers of Klokan Technologies GmbH. If in future the data need to be stored on our servers for technical reasons, we guarantee we will delete the Customer Data immediatelly after the transfer to Google Drive storage and, in case of repeated failure of submission we give up latest within 24 hours after finished submission to our server - and in that moment we delete the Customer Data.

Fees for Use of the Service

  • The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
  • Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
  • For all purchased resources and services, we will charge Your credit card on a monthly basis.
  • Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  • Charges are solely based on published pricelist and are fixed for a selected plan, unless otherwise agreed to in writing. You are never going to be charged more then you agreed in the moment of purchase.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  • You acknowledge and agree that any credit card and related billing and payment information that You provide to Klokan Technologies GmbH may be shared by Klokan Technologies GmbH with companies who work on Klokan Technologies GmbH’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Klokan Technologies GmbH and servicing Your account.
  • Klokan Technologies GmbH may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Cancellation and Termination

  • You must downgrade (=cancel) your account via https://driveuploader.com/plans/. An email or phone request to downgrade (=cancel) Your account is not considered cancellation.
  • You will not receive any refunds if You cancel Your account.
  • If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.
  • All of Customer Source Code and Content will, within a reasonable amount of time to be determined solely by Klokan Technologies GmbH, be deleted from the Service upon cancellation.
  • You agree that Klokan Technologies GmbH, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Klokan Technologies GmbH will not be liable to You or any third party for such termination.

Customer Data

  • Klokan Technologies GmbH claims no ownership of any Customer Data. You retain copyright and any other rights You already hold in the Customer Data and You are responsible for protecting those rights, as appropriate.
  • You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Data transferred via the Service.
  • You understand that the uploader pages you create, embed or use with API are available to any party on the Internet, including search engines and web spiders.
  • You understand that the uploader pages you create, embed or use with API can be used to submit data to your private Google Drive account. Such submitted data counts towards your storage plan on Google Drive.
  • You retain sole responsibility for any collaborators or third-party services that you integrate with the Service and entrust them at your own risk.
  • Klokan Technologies GmbH is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties view any Customer Data.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Klokan Technologies GmbH under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Please use the “Contact us” feedback widget in the footer.

Modification of the Service

  • You acknowledge and agree that the Service may change from time to time without prior notice to You.
  • Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
  • Klokan Technologies GmbH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Klokan Technologies GmbH is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

License from Klokan Technologies GmbH and Restrictions

Klokan Technologies GmbH gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Klokan Technologies GmbH as part of the Service as provided to You by Klokan Technologies GmbH. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Klokan Technologies GmbH, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Klokan Technologies GmbH, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Klokan Technologies GmbH for the use of the components of the Service released under an open source license.

Exclusion of warranties

  • You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available.”.
  • You agree that Klokan Technologies GmbH has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Data submitted by the Service.
  • Klokan Technologies GmbH does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, © the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

Limitation of liability

You expressly understand and agree that Klokan Technologies GmbH, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Klokan Technologies GmbH has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify Klokan Technologies GmbH, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Klokan Technologies GmbH and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, © Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Klokan Technologies GmbH will provide You with written notice of such claim, suit or action.

The Terms constitute the whole legal agreement between You and Klokan Technologies GmbH and govern Your use of the Service and completely replace any prior agreements between You and Klokan Technologies GmbH in relation to the Service.

You agree that if Klokan Technologies GmbH does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Klokan Technologies GmbH has the benefit of under any applicable law), this will not be taken to be a formal waiver of Klokan Technologies GmbH’s rights and that those rights or remedies will still be available to Klokan Technologies GmbH.

This agreement and all matters arising out of it shall be governed by the Swiss Law. The parties expressly waive the application of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes between the parties shall be Unterägeri/Zug, Switzerland.

Klokan Technologies GmbH shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Contacting Us

If there are any questions regarding this agreement, you may contact us using the "Contact us" widget in the footer or at the address:

DriveUploader.com
Klokan Technologies GmbH
Hofnerstrasse 98
Unterageri, Zug 6314
Switzerland
Last Edited on 2016-11-30