Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SMAC Cloud Application.

 

smaccloud.com (“SMAC Cloud”, “Us”, “Our”, “We”) offers its Services to you (“Member”, “User”, “you”, “Customer”, “Client”) under the terms and conditions of this SMAC Cloud Terms of Service agreement (“TOS”). This TOS outlines the rules and regulations for your use of the SMAC Cloud Services. The TOS includes the entire agreement between Member and SMAC Cloud and supersedes all prior agreements between the parties regarding the subject matter contained herein. SMAC Cloud reserves the right, at its sole discretion, to update or revise TOS at any time. Please check the TOS periodically for changes. Your continued use of the Service following the posting of any changes to the TOS constitutes acceptance of these changes. SAMB INFO is the development partner for SMAC Cloud.

  1. DESCRIPTION OF SERVICE

SMAC Cloud offers the Services at its Website https://www.smaccloud.com. The Services are:

  • SMAC Cloud Paid Service

You will be charged fees (the “Fees”) for this service. This service is hereinafter referred to as “Standard Account”, or “Enterprise Account”

  • SMAC Cloud Free Service

You will not be charged any fees for this service. This is a Free Service supported by advertisements. This SMAC Cloud service is hereinafter referred to as “Free Account”

SMAC Cloud provides space storage for each Service type mentioned above. Space is provided in gigabytes (“GB”). For practical reasons, whenever space is mentioned in GB on the SMAC Cloud website, 1 GB represents 1024 MB of storage space.

  1. USER ACCOUNTS AND PASSWORDS

A Member account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with SMAC Cloud. To open a Member account, you or your company must complete the registration process by providing SMAC Cloud with current, complete and accurate information as prompted by the registration form. The information requested on join form shall be referred to as registration data (“Registration Data). In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should SMAC Cloud suspect that “Registration Data” is untrue, inaccurate, not current or incomplete, SMAC Cloud has the right to suspend or terminate your usage of the Service. Member account cannot be “shared” or used by more than one individual.

You may not register for this Service if you are under 12 years of age. By registering for this Service you represent to SMAC Cloud, that you are 12 years of age or older. Upon acceptance of this agreement and completion of the registration process you will have opened an account with SMAC Cloud and will become a subscriber to the SMAC Cloud Service.

You will choose a personal, non-transferable password. You are solely responsible for the safeguard of your password. The password may not be shared with any other individual or group. A user is fully responsible for all activities, which occur through the use of the password.

  • Paid Service Usage; Fair Use Policy

YOUR USE OF THE PAID SERVICE IS SUBJECT TO SMAC CLOUD’S “FAIR USE” POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OTHER SMAC CLOUD’S PAID SERVICE SUBSCRIPTION MEMBERS GENERALLY. FOR PURPOSES OF THIS POLICY, “USAGE” MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR SUBSCRIPTION MEMBERS GENERALLY).

  • Free Service Usage; Fair Use Policy

The Free Service and all software associated with it is for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE (1) FREE SMAC CLOUD ACCOUNT. If you intend to use the Service for commercial use, or you or your company desire more than one (1) Free SMAC Cloud account, then you must, and you agree to, upgrade to a Paid Service. If SMAC Cloud ultimately determines, in its sole discretion that you have violated the foregoing limitations on the Free Service or any associated software, SMAC Cloud reserves the right to immediately terminate your Service and to collect from you the amount you would have been required to pay for our Paid Service during the period of your non-compliance. You agree to pay this amount to SMAC Cloud, plus SMAC Cloud’s cost of conducting any audits that, in SMAC Cloud’s sole discretion, reveal non-compliance.

YOUR USE OF THE FREE SERVICE IS SUBJECT TO SMAC CLOUD’S “FAIR USE” POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OTHER SMAC CLOUD’S MEMBERS GENERALLY. FOR PURPOSES OF THIS POLICY, “USAGE” MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR MEMBERS GENERALLY).

  1. ACCOUNT INFORMATION AND DATA

SMAC Cloud does not own any data, information or material that you submit to the Service or store in your account (“Data”). SMAC Cloud will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except when required by law enforcement officials to do so or by public authorities or when we believe in good faith that law requires it. Please be aware that SMAC Cloud does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties and that your Internet protocol address is not transmitted with each message sent from your SMAC Cloud account. SMAC Cloud may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not SMAC Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and SMAC Cloud shall not be responsible or liable for the deletion, correction, destruction, damage, loss, failure or whatsoever to any Data.

IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, SMAC CLOUD WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SERVICE SUBSCRIPTION. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY SMAC CLOUD TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.

  1. DATA CENTERS

SMAC Cloud’s hosting is powered by one of the leading data centers in Germany. It provides state-of-the-art data center parks with brilliant and friendly infrastructure for your data storage and security. Multi-redundant network connections to important Internet exchanges ensure fast data access. Use your private storage or have opted for on-premises service.

We reserve all rights to change server location, providers or storage policies without notice, at any time.

WE DON’T TAKE ANY LIABILITIES, WHATSOEVER FOR THE THIRD-PARTY DATA CENTERS.

  1. USER RESPONSIBILITIES
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify SMAC Cloud immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. SMAC Cloud shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by SMAC Cloud, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
  1. NON-TRANSFERABLE MEMBERSHIP
SMAC Cloud grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the “Content”) solely for your own internal purposes. All rights not expressly granted by SMAC Cloud to you are retained.
  1. RESTRICTIONS
You are permitted to store, manipulate, analyze, reformat, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without SMAC Cloud’s prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
  1. PAYMENT TERMS

You will be charged Fees for the Paid Service, which you will pay to SMAC Cloud by authorized payment methods. The Fees applicable for the Service are available at www.smaccloud.com and as published within the Service. SMAC Cloud reserves the right to change the Fees or applicable charges and to enforce new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). You will be charged from your prefer payment mode. You will be charged automatically and immediately with the amount of Fees on the day you sign up for the Service or the expiration of the initial trial period, if any, whichever is later.

  • Free Service

If you registered for a Free Service and at a later time decide to upgrade your account Paid Service, you will immediately be charged applicable Fees, and your upgrade date will become Billing Date on your account

If account is upgraded on 29th, 30th, or 31st day of the month, Billing Date will be set as the 1st of the next month.

  • Paid Service

If you registered for Paid Service on 29th, 30th, or 31st day of the month, Billing Date will be set as the 1st of the next month.

Your SMAC Cloud account will be considered irresponsible if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is irresponsible for more than one billing cycle. SMAC Cloud may impose a charge to restore archived data from irresponsible accounts.

If you believe SMAC Cloud has billed you incorrectly, you must contact SMAC Cloud no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to SMAC Cloud’s Customer Support department.

Please remember that SMAC Cloud bills you immediately for the extra space you order, with the amount of Fees prorated for the number of days remaining until your Billing Date. Thereafter, combined Fees (your previous monthly Fees plus Fees for the extra space) will automatically be charged to your authorized credit card, in advance, on your Billing Date. If you choose to cancel the extra space after your card has been billed for that month, you will not be reimbursed for the days you did not use the extra space.

  1. TRIAL OFFERS, COUPONS, CREDITS AND SPECIAL OFFERS
SMAC Cloud reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with SMAC Cloud Paid Service entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period you will be automatically subscribed and we will charged for the fees to the Service plan you selected at registration or to a default Service plan for trial subscribers selected by SMAC Cloud. If you wish to terminate the trial and do not wish to subscribe to a plan, you must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the My Account option.
  1. Rules of Conduct

When using our services, you agree that you will not:

  • Violate any provision of law applicable in the State of Germany or the Germany.
  • Violate any applicable legislation, treaty, or other rule in force of the Germany or any other political entity having jurisdiction over this Agreement, you, SMAC Cloud, or the website or any service that we provide.
  • Upload any unlawful files.
  • Upload files which infringe or are alleged to infringe on anyone’s intellectual property rights, if such allegations are reasonable.
  • Upload files which any party alleges are unlawful, if such allegations are reasonable.
  • Upload files which, the possession, creation, or distribution of which constitutes an unlawful act, or which depict an unlawful act.
  • Upload any material that is pornographic; provides instructions, aid, or otherwise facilitates illegal activities such as piracy, hacking, building explosives, or obtaining drugs; aids or abets unlawful activities; is considered a hate crime; is a violation of anyone’s privacy, whether legally or otherwise; or is a malicious file, such as viruses, malware, spyware, worms, or Trojans.
  • Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users or whatsoever.
  • Reverse or attempt to reverse engineer our code, regardless of whether your intent is to recreate our code or simply use your access to our service to copy the operations of our service by using a similar algorithm.
  • Run any bots to aggregate our content, including but not limited to our files or file descriptions.
  • Infringe on anyone’s intellectual property rights.
  • Defame anyone.
  • Defraud, mislead, or otherwise act dishonestly.
  • Otherwise act in a manner which, at SMAC Cloud’s sole discretion, is objectionable, or which may bring SMAC Cloud into disrepute.

Violation of these or any other provisions of our Agreement may result in the immediate termination of your account and/or the removal of any infringing files. We are not responsible for any loss which may result from such termination and/or removal.

  1. COPYRIGHTED MATERIAL
You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the SMAC Cloud service. SMAC Cloud retains the right to terminate an account that contains copyrighted music, images or other copyrighted material that has not been legally obtained. In addition, SMAC Cloud does not permit sharing copy-protected works including copyrighted music files.
  1. THIRD PARTY INTERACTION AND LINKS

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. SMAC Cloud shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

SMAC Cloud does not endorse any sites on the Internet that are linked through the Service. SMAC Cloud is providing these links to you only as a matter of convenience, and in no event shall SMAC Cloud be responsible for any content, products, or other materials on or available from such sites.

  1. CANCELLATION AND TERMINATION

SMAC Cloud, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this TOS. You may terminate your account upon notice to SMAC Cloud at any time; however, you will not receive a refund of any portion of your fees paid to SMAC Cloud. Upon termination of an account, your right to use such account and the Service immediately ceases. SMAC Cloud shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

SMAC Cloud, in its sole discretion, may terminate your account if it determines that your account is using excessive bandwidth resources. In such event, SMAC Cloud will notify you of its decision but will not be liable for showing proof of bandwidth usage since it is a proprietary information.

SMAC Cloud reserves the right to cancel the Service or to discontinue accounts for users who have Free Service accounts that have been inactive for more than one hundred and twenty (120) days.

  1. COOKIES
Cookies are files that your web browser places on your computer’s hard drive and are used to tell us whether you have visited the Service previously. SMAC Cloud uses a persistent cookie to help save and retrieve information used on the Service. SMAC Cloud issues a session cookie only to record information for the duration of a specific session. The session cookie does not include either the user name or password of the Member.
  1. INDEMNITY
You shall indemnify and hold SMAC Cloud and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities or whatsoever, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
  1. PROPRIETARY RIGHTS
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that SMAC Cloud or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data.
  1. DISCLAIMER OF WARRANTIES

SMAC CLOUD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.

SMAC CLOUD DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SMAC CLOUD.

  1. LIMITATION OF LIABILITY
BY USING SMAC CLOUD’S SERVICE, YOU RELEASE SMAC CLOUD AND ITS SUBSIDIARIES, PARENTS, LICENSORS, AGENTS, MEMBERS, AFFILIATES, SERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR OTHER PARTNERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY REGARDING THE SERVICE. IN NO EVENT SHALL SMAC CLOUD BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF SMAC CLOUD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  1. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effects to the parties’ intentions as reflected in the provision, and the other provisions of the documents remain in full force and effect.
  1. ENTIRE TOS

This TOS will be governed by the laws of the Ludwigsburg, Germany, without reference to rules governing choice of laws, and you irrevocably consent to the jurisdiction of such courts.

No joint venture, partnership, employment, or agency relationship exists between you and SMAC Cloud as a result of this agreement or use of the Service. The failure of SMAC Cloud to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SMAC Cloud in writing.