Terms of Service

1.1 The Agreement

These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and AXSA Technologies Private Limited, a company incorporated under the laws of India, operating as "CloudSave" ("CloudSave," "Company," "we," "us," or "our").

1.2 Services Covered

These Terms govern your access to and use of:

• The CloudSave mobile application (iOS and Android)
• The CloudSave website and web application
• CloudSave API and developer tools
• All related services, features, content, and functionality (collectively, the "Services")

1.3 Acceptance of Terms

By doing any of the following, you acknowledge that you have read, understood, and agree to be bound by these Terms:

• Creating a CloudSave account
• Downloading or installing the CloudSave application
• Accessing or using any CloudSave Services
• Clicking "I Agree" or similar acceptance mechanism

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.4 Additional Terms

Certain features or services may be subject to additional terms, guidelines, or policies ("Additional Terms"). Such Additional Terms will be presented to you when you access those features. In the event of a conflict, Additional Terms shall prevail over these Terms for the specific feature or service.

1.5 Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last Updated" date, sending an email to your registered email address, and displaying a prominent notice within the application.

Material changes will become effective 30 days after notice, unless stated otherwise. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

3.1 Age Requirements

You must be at least 18 years old to use CloudSave. By using the Services, you represent and warrant that you meet this age requirement.

We do not knowingly collect information from or provide Services to anyone under 18 years of age. If we learn that we have collected personal information from a user under 18, we will delete the account and associated data.

3.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into a binding agreement in your jurisdiction.

3.3 Compliance with Laws

You represent and warrant that your use of the Services will comply with all applicable local, state, national, and international laws, rules, and regulations.

3.4 Restrictions

You may not use the Services if:

• You have previously been suspended or removed from the Services
• You are prohibited from receiving the Services under applicable law
• You are located in a country subject to comprehensive sanctions
• You are on any government prohibited party list

4.1 Account Creation

To access most features of CloudSave, you must create an account by providing a valid email address, a secure password, your name, and any other required information. You may also register using third-party authentication providers (such as Google or Apple Sign-In).

4.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access or security breach

4.3 Account Security

You are solely responsible for all activities that occur under your account, maintaining the confidentiality of your login credentials, and any consequences resulting from your failure to maintain account security.

4.4 One Account Per Person

Unless expressly permitted, each individual may maintain only one personal account. Creating multiple accounts to circumvent restrictions, abuse promotions, or violate these Terms may result in termination of all associated accounts.

4.5 Account Recovery

If you lose access to your account, we will attempt to verify your identity before restoring access. Due to our zero-knowledge encryption, we cannot recover encrypted content if you lose your password and have not set up recovery options.

5.1 Cloud Storage

CloudSave provides cloud storage services allowing you to upload, store, and organize files, access your files from multiple devices, share files and folders with others, and encrypt your private files using zero-knowledge encryption.

5.3 Channels and Social Features

CloudSave offers social features including creating and managing Channels, subscribing to and unlocking Channel content, and discovering content from other users.

5.4 Cloud Coins Economy

CloudSave operates a virtual currency system where you can earn Cloud Coins through various activities, use Cloud Coins to unlock Channels and premium features, and purchase Cloud Coins through in-app purchases.

5.5 Creator Monetization

Eligible users may participate in the Creator Monetization Program to earn revenue from Channel subscriptions, track subscriber metrics and earnings, and receive payouts according to program terms.

6.1 Free Plan

CloudSave offers a free plan that includes up to 1 TB of storage, basic features as described in our documentation, and an advertisement-supported experience.

The free plan is provided at our discretion. We reserve the right to modify free plan features, storage limits, or availability with 30 days notice to affected users.

6.2 Premium Plans

Premium subscription plans offer extended storage capacity, ad-free experience, and additional features as described at time of purchase. Current pricing and features are available in the application and on our website.

6.3 Pricing Changes

We may change subscription prices at any time. Price changes will not affect current subscription periods, apply to renewals after the price change effective date, and be communicated at least 30 days before taking effect. You may cancel your subscription before the price change takes effect.

6.4 Fair Usage Policy

All storage plans, including "unlimited" plans, are subject to our Fair Usage Policy:

Permitted Uses:

• Personal file storage and backup
• Storing photos, videos, and documents
• Sharing content with friends and family
• Creating and managing Channels

Prohibited Uses:

• Operating as a public file hosting service
• Reselling or redistributing storage
• Cryptocurrency mining or plotting (including but not limited to Chia)
• Storing content solely for the purpose of distribution via other platforms
• Automated or bulk uploading that strains system resources
• Any use that negatively impacts service performance for other users

7.1 Nature of Cloud Coins

Cloud Coins are a virtual currency for use within CloudSave Services:

• Cloud Coins are a limited license to use a digital feature, not property
• Cloud Coins have no monetary value outside the Services
• Cloud Coins cannot be exchanged for cash, except through the Creator Monetization Program
• Cloud Coins are non-transferable between accounts, except as specifically permitted

7.2 Earning Cloud Coins

You may earn Cloud Coins by watching rewarded advertisements, completing promotional offers, participating in special events, referral programs (when available), and other methods as we may introduce. Earned Cloud Coins are subject to verification and may be revoked if obtained fraudulently.

7.3 Purchasing Cloud Coins

You may purchase Cloud Coins through in-app purchases. Prices are displayed at the time of purchase. Purchases are processed through the applicable app store (Apple App Store or Google Play).

7.4 Using Cloud Coins

Cloud Coins can be used to unlock Channel content, access premium features, and other purposes as we may introduce.

7.5 Expiration

Earned Cloud Coins expire 12 months after acquisition. Purchased Cloud Coins do not expire while your account remains active. Upon account termination, all Cloud Coins are forfeited.

7.6 No Refunds for Cloud Coins

Except as required by applicable law or as described in Section 11 (Refund Policy), Cloud Coins purchases are final and non-refundable, unused Cloud Coins will not be refunded upon account closure, and we are not obligated to convert Cloud Coins to cash.

8.1 Creating Channels

Users may create Channels to share content. Channel names, descriptions, and thumbnails are public and not encrypted. You are responsible for all content in your Channels and must have the rights to share all Channel content.

8.2 Channel Access and Unlocks

Channels are accessed by spending Cloud Coins to "unlock" them. Each unlock provides temporary access (typically 12 hours). Access duration may vary and is displayed at the time of unlock. We do not guarantee permanent availability of any Channel content.

8.3 Channel Content Guidelines

Channel content must comply with our Acceptable Use Policy (Section 12). Prohibited content includes but is not limited to illegal content, infringing content, adult content involving minors, violent or hateful content, and spam or misleading content.

8.4 Content Removal

We reserve the right to remove Channel content that violates these Terms or applicable law. We may provide notice of removal, but are not obligated to do so in cases of serious violations.

9.1 Program Overview

The Creator Monetization Program allows eligible users to earn revenue from their Channels based on subscriber activity.

9.2 Eligibility Requirements

To participate, you must have an account in good standing, meet minimum subscriber thresholds, provide required legal and financial information, comply with all program policies, and be legally able to receive payments in your jurisdiction.

9.3 Revenue Calculation

Revenue is calculated based on the "15-Unlock Rule": An "Active Subscriber" is a user with 15 or more unlocks of your Channel per month. Revenue is calculated based on Active Subscribers only. CloudSave's records regarding subscriber activity are final and binding for revenue calculations.

9.4 Revenue Share

The revenue share percentage is specified in your Creator agreement. CloudSave reserves the right to modify the revenue share with 30 days notice.

9.5 Payouts

Minimum payout threshold is as specified in Creator documentation. Payout frequency is monthly. Payout methods include bank transfer, UPI (India), or other methods as available. Payment processing time is up to 30 days after the end of each month.

9.6 Tax Obligations

You are responsible for providing accurate tax information, paying all applicable taxes on your earnings, and complying with tax reporting requirements in your jurisdiction. CloudSave may be required to withhold taxes or report earnings to tax authorities.

9.7 Program Termination

We may suspend or terminate your participation if you violate these Terms or program policies, engage in fraudulent activity, fail to maintain eligibility requirements, or request termination. Upon termination, you will receive any earned but unpaid revenue, less any amounts owed to CloudSave.

10.1 Subscription Terms

Premium subscriptions are offered on monthly (billed monthly), annual (billed annually at a discounted rate), or other periods as may be offered.

10.3 Billing

Subscription payments are processed by Apple App Store (for iOS users), Google Play Store (for Android users), or our direct payment processor (for web purchases). You authorize the applicable payment processor to charge your selected payment method.

10.4 Cancellation

To cancel your subscription:

• iOS: Settings > [Your Name] > Subscriptions > CloudSave > Cancel Subscription
• Android: Google Play Store > Menu > Subscriptions > CloudSave > Cancel Subscription
• Web: CloudSave Settings > Subscription > Cancel

Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until then.

10.5 Free Trials

We may offer free trial periods. Trial eligibility is determined at our discretion. Payment information may be required to start a trial. If you do not cancel before the trial ends, your subscription will begin and you will be charged.

10.6 Promotional Offers

Promotional pricing is subject to eligibility requirements stated in the offer, limited duration as specified, and standard subscription terms after the promotional period.

13.1 CloudSave Intellectual Property

CloudSave and its licensors retain all rights, title, and interest in the Services and all software, technology, and infrastructure, the CloudSave name, logo, and branding, all patents, trademarks, copyrights, and trade secrets, and all improvements, modifications, and derivative works.

13.2 Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, download and install our mobile applications on your devices, and use the Services' features as intended.

This license does not include the right to modify, adapt, or create derivative works, reverse engineer or access source code, or sublicense, sell, or transfer access.

13.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback. We may implement Feedback without compensation or attribution.

14.1 Your Ownership

You retain all ownership rights in your User Content. CloudSave does not claim ownership of any User Content you upload or store.

14.2 License to CloudSave

By uploading User Content, you grant CloudSave a limited license to store, process, and transmit your Content (necessary to provide the Services), create backups and redundant copies, display Content to users you authorize, and use technical measures to protect your Content.

This license is non-exclusive, worldwide, royalty-free, limited to what is necessary to provide the Services, and terminable upon deletion of your Content or account.

14.3 Channel Content License

For Content you make available through Channels, you grant CloudSave a license to display, distribute, and make the Content available to users who unlock your Channel, and users who unlock your Channel a limited license to view the Content for personal use.

14.4 Representations and Warranties

You represent and warrant that you own or have the necessary rights to upload your User Content, your User Content does not infringe any third party's rights, your User Content complies with these Terms and applicable law, and you have obtained any necessary consents from individuals depicted in your Content.

15.1 Respect for Copyright

CloudSave respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement in accordance with applicable law.

15.2 DMCA Notice (United States)

If you believe your copyrighted work has been infringed, please submit a notice containing:

• Your physical or electronic signature
• Identification of the copyrighted work(s) claimed to be infringed
• Identification of the infringing material and its location
• Your contact information (address, telephone, email)
• A statement that you have a good faith belief the use is unauthorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

15.3 Counter-Notification

If you believe your Content was wrongly removed, you may submit a counter-notification containing your physical or electronic signature, identification of the removed material and its prior location, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, and consent to jurisdiction.

15.4 Repeat Infringers

We will terminate accounts of users who are repeat copyright infringers in appropriate circumstances.

15.5 International Copyright

For copyright claims outside the United States, please contact dmca@cloudsave.org with equivalent information under your local law.

17.1 Third-Party Integrations

The Services may integrate with or link to third-party services, including payment processors (Apple, Google, Stripe), authentication providers (Google, Apple Sign-In), analytics providers (Google Analytics, Firebase), advertising networks (Google AdMob, AppLovin), and cloud infrastructure providers (AWS, Google Cloud, Azure).

17.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services, content, or practices.

17.3 No Endorsement

Links to or integration with third-party services do not constitute endorsement or responsibility for those services.

18.1 Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Services may be unavailable due to scheduled maintenance, unscheduled maintenance for critical issues, factors beyond our control, or security incidents.

18.2 Service Level

We do not offer formal Service Level Agreements (SLAs) for consumer accounts. Enterprise customers should contact us for custom arrangements.

18.3 Support

Support is available through email at support@cloudsave.org, in-app help center, and online documentation. Response times vary based on issue severity and support volume.

19.1 Right to Modify

We reserve the right to add, modify, or remove features, update pricing and plans, change service specifications, and discontinue the Services entirely.

19.2 Notice of Changes

For changes that materially reduce functionality, we will provide at least 30 days notice. You may cancel your subscription before the change takes effect. Prepaid amounts for discontinued services will be prorated and refunded.

19.3 Discontinuation

If we discontinue the Services entirely, we will provide at least 90 days notice. You will have the opportunity to download your data. Prepaid subscription amounts will be prorated and refunded.

20.1 Termination by You

You may terminate your account at any time through account settings in the application or by contacting support@cloudsave.org. Upon termination, your right to access the Services ends immediately, you may download your data before termination (encrypted files require your password), and subscription fees are not refunded for partial periods (except as required by law).

20.2 Termination by CloudSave

With Notice (14 days): For violation of these Terms (with opportunity to cure if reasonable), for extended periods of inactivity (12+ months), and for non-payment of fees.

Without Notice: For severe or repeated violations of these Terms, for illegal activity, for activity that threatens the security or integrity of the Services, for activity that harms other users, and as required by law.

20.3 Effect of Termination

Upon termination, all licenses granted to you terminate, you lose access to stored Content and Cloud Coins, we may delete your data after a reasonable retention period (typically 30 days), and provisions that should survive termination will survive.

20.4 Data Export

Before termination, you may export your data. Unencrypted files can be downloaded directly. Encrypted files require your password to decrypt. Export features are available in account settings.

21.2 Disclaimer of Warranties

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

21.3 Content Disclaimer

WE DO NOT WARRANT THAT USER CONTENT IS ACCURATE, COMPLETE, OR RELIABLE, THAT CHANNEL CONTENT MEETS ANY PARTICULAR STANDARD, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED.

21.5 Data Loss Disclaimer

WHILE WE IMPLEMENT SECURITY MEASURES, WE CANNOT GUARANTEE AGAINST DATA LOSS. YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF IMPORTANT DATA.

21.6 Limitations on Disclaimers

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. SEE SECTION 24 FOR JURISDICTION-SPECIFIC TERMS.

22.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: THE AMOUNT YOU PAID TO CLOUDSAVE IN THE 12 MONTHS PRECEDING THE CLAIM; OR ONE HUNDRED US DOLLARS ($100 USD).

22.3 Exceptions

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW, YOUR INDEMNIFICATION OBLIGATIONS, AND YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS.

22.5 Basis of the Bargain

THE LIMITATIONS OF LIABILITY IN THESE TERMS ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLOUDSAVE. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

23.1 Your Indemnification Obligations

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CloudSave, its parent company, affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your User Content, your use of the Services, your violation of any third party's rights, and your violation of any applicable law.

23.2 Indemnification Process

We will promptly notify you of any claim subject to indemnification, provide reasonable cooperation in the defense, and allow you to control the defense and settlement (subject to our approval for settlements that affect our rights). We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

23.3 Limitations

This indemnification obligation does not apply to the extent that a claim arises from CloudSave's gross negligence or willful misconduct. Some jurisdictions do not allow indemnification provisions; in such jurisdictions, this section applies to the maximum extent permitted by law.

24.1 European Economic Area, Switzerland, and United Kingdom

If you are a consumer in the EEA, Switzerland, or UK:

• Nothing in these Terms affects your statutory consumer rights
• You have the right to withdraw from digital content purchases within 14 days
• Mandatory arbitration provisions do not apply to you
• You may bring claims in the courts of your country of residence
• You may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

24.2 California, United States

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy.

24.3 Australia

If you are an Australian consumer, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for reasonably foreseeable loss or damage.

24.4 India

If you are in India, nothing in these Terms excludes rights under the Consumer Protection Act, 2019. Disputes may be filed with consumer forums as provided under applicable law. These Terms are governed by the laws of India.

24.5 Brazil

If you are in Brazil, these Terms do not limit rights under the Brazilian Consumer Defense Code (CDC). You may bring actions in the courts of your domicile.

24.6 Canada

If you are in Canada, provincial consumer protection laws may provide additional rights. Class action waivers may not be enforceable in all provinces.

24.7 Other Jurisdictions

If you are in a jurisdiction with consumer protection laws that provide rights beyond those in these Terms, your statutory rights are not affected. In case of conflict, mandatory local law prevails. Please contact legal@cloudsave.org with questions about your jurisdiction.

25.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at disputes@cloudsave.org and attempt to resolve the dispute informally for at least 30 days.

25.2 Binding Arbitration (Where Permitted)

FOR USERS IN JURISDICTIONS WHERE ARBITRATION AGREEMENTS ARE ENFORCEABLE:

You and CloudSave agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except for claims within small claims court jurisdiction, claims for injunctive relief regarding intellectual property, and disputes excluded by applicable law.

Arbitration shall be conducted under the Arbitration and Conciliation Act, 1996 (India). The seat and venue shall be Thane, Maharashtra, India. The language shall be English. The arbitrator's decision shall be final and binding.

Class Action Waiver:

YOU AND CLOUDSAVE AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This arbitration agreement does not apply to users in the EEA, UK, or other jurisdictions where such agreements are not enforceable against consumers.

25.3 Judicial Forum

For disputes not subject to arbitration, or where arbitration is not enforceable: Exclusive jurisdiction is in courts located in Thane, Maharashtra, India. Exception: Users in jurisdictions with mandatory consumer forum rights may bring claims in their local courts.

25.4 Time Limitation

Any claim must be brought within one (1) year after the cause of action arises, except where prohibited by applicable law.

26.1 Governing Law

Except as otherwise specified in Section 24, these Terms are governed by the laws of India. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

26.2 Entire Agreement

These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and CloudSave regarding the Services and supersede all prior agreements and understandings.

26.3 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed. The remaining provisions will continue in full force and effect.

26.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

26.5 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

26.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, labor disputes, internet or telecommunications failures, or cyberattacks.

26.7 Notices

Notices to you may be sent to your registered email address or posted within the application. Notices to CloudSave must be sent to legal@cloudsave.org.

26.10 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to comprehensive sanctions and are not on any government prohibited party list.

26.12 Survival

The following sections survive termination: Definitions, Intellectual Property Rights, User Content and Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.