June 22th, 2014
Jotta AS (“Jotta”) offers a cloud storage service (“Service”) that lets you back up, store, synchronize and share files over the internet.
BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
2. USER ACCOUNTS
To use the Service you need to set up a Jotta account. You may set up an individual free account (“Free Account), an individual paid account (“Individual Account”), or a Jotta for Business account (“Business Account”).
3. FREE ACCOUNT
Free Accounts are available for individuals only and, not for business customers, organization, etc. The Free Account is provided free of charge with a limitation in storage capacity and features. Jotta reserves the right to apply other limitations on Free Accounts. Jotta reserves the right to display paid ads on Free Accounts. A Free Account may be terminated by Jotta if it has been inactive for a period of one year or longer. A Free Account holder may upgrade to an Individual Account.
4. INDIVIDUAL ACCOUNT
Individual Accounts are paid subscriptions accounts available for individuals only, and not for business customers, organizations, etc. The Individual Accounts are provided with storage capacity and features according to selected Subscription plan.
Individual Accounts have an initial term of 1 month and will be automatically renewed for an additional identical subscription period unless the User cancels or terminates the paid subscription within 7 days prior to the current subscription period ends.
The User’s credit card will be charged automatically when a subscription is renewed. The User can choose to buy a monthly or yearly subscription plan. All payments are non-refundable. The User can change his Subscription at any time.
5. BUSINESS ACCOUNT
A business, organization or individual can create a Business Account. When creating a Business Account, a Business Account Administrator will be created automatically. The Business Account Administrator is responsible for adding and maintaining Business Account Members. For Business Accounts special terms apply, see section 14.
6. LICENSE TO USE THE SERVICE
When a User has subscribed for an account in compliance with Jotta´s instructions, Jotta provides the User the right to utilize the Service.
The User shall only use the Service within the purpose and with the limitations and instructions provided by Jotta.
Jotta grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute the Service only for the purpose of using the Service. Certain third party code may be provided with the Service. The third-party code are governed by accompanying third-party licenses. Third party licenses: https://www.jottacloud.com/software/Third-party_licenses.txt.
The Service and its structure, organization, source code and documentation contain trade secrets of Jotta. Jotta is the sole owner of the Service and the software utilized to provide the Service and all the related documentation.
The Service allows the User to share, send and exchange digital content with other people. The User must have all necessary rights to distribute this digital content. By using the Service you acknowledge that Jotta has no control over any digital content sent through or used with the Service and Jotta can therefore not be held responsible or liable in any way neither for the use, content or storage of the said digital content. Jotta reserves the right in its sole discretion to remove content or take any action it deems necessary relating to content that are in violation with applicable laws. Jotta reserves the right to conduct virus checks and may block certain files from being uploaded.
The User may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.
7. UPGRADE AND DOWNGRADE
You can upgrade from a Free Account to an Individual Account by following the Jotta upgrade procedures.
You can downgrade an Individual Account to a Free Account.
Downgrading an account means changing from an Individual Account to a Free Account. Before you can downgrade from an Individual Account to a Free Account, you must delete files from your Individual Account so it does not contain more than 5 GB of storage.
Jotta will not refund payments for the applicable term if the User downgrades his Subscription.
8. RENEWALS, CANCELLATION AND TERMINATION
Subscriptions on Individual Accounts and Business Accounts are automatically renewed when the current subscription period ends.
The User can at any time Cancel his Subscription. When the Subscription is Cancelled, the Subscription will not be renewed at the end of the Subscription period.
Jotta will downgrade the the User’s Individual Account to a Free Account after the Subscription has ended. If the Individual Account contains more than 5 GB of storage, all files in the account will be deleted during this downgrade.
The User can at any time Delete or Terminate the User account. This can be done on the “My Account” page. Jotta will not reimburse any outstanding amount or credit if a user account is terminated.
For Free Accounts and Individual Accounts, Jotta reserves the right to store User data for up to 90 days after the User account has been Terminated.
Jotta has the right to Terminate the User’s User account if the User acts in a manner that is not compliant with this Agreement.
The User’s data will be deleted immediately on termination of accounts. If the User Cancel’s his Subscription we will deleted the User’s data immediately after the subscription period has ended.
If the User has failed to pay fees or other sums owed to Jotta, Jotta has the right to terminate the account and delete all User data after 90 days.
9. AGE LIMIT
The age limit for using Jotta is 13 years. We will delete any information including User account and data if we learn that the User is under 13 years of age.
10. CHANGES IN PERSONAL INFORMATION
The User shall notify Jotta about changes such as email address, credit card information and other matters of importance immediately by changing the account settings under the My Account page. The User is solely responsible for any costs that may occur from failure to update User information or by providing incorrect information.
11. PRIVACY AND DATA COLLECTION
Jotta may collect and store non-personally identifiable information that resides on your computer. This includes, without limitation, statistics and performance metrics related to the software. This information is sent to Jotta and may be used by Jotta without restrictions.
If presented with a binding court order from a Norwegian Court, Jotta will hand over personal user data to Norwegian authorities in accordance with the court order. Jotta will notify the User of such events, to the extent permitted by Norwegian law.
12. BONUS STORAGE
You can earn extra free storage (“Bonus Storage”) on your account. Bonus Storage is free storage that is added to your storage capacity for a limited time. Bonus Storage is only available for Free Accounts and Individual Accounts.
Jotta reserves the right to cancel or modify the terms of Bonus Storage and withdraw any Bonus Storage given to Users for any reason at any time in its sole discretion.
13. SPECIAL TERMS FOR BUSINESS ACCOUNTS
If you have elected to convert to a Business Account or if you have a Business Member Account (described below), then in addition to the other provisions of these terms, this section (“Special Terms for Business Accounts”) shall apply to your use of the Service.
A Business Account is setup by a Business Account Administrator (“Administrator”) who selects the Business Subscription Plan and adds Business Account Members (“Members”). The Administrator identifies Members of the Business Account by providing email addresses for each Member. As an Administrator, you are required to pay the fees for the use of your Business Account by all Members.
The Administrator maintains exclusive control over management over the Business Member Accounts. It is the Administrator’s sole responsibility to insure that the amount of data to be stored by Business Account Members is increased or decreased as necessary. It is also the Business Account Administrator’s sole responsibility to add or remove Business Account Members from the Business Account.
As a Member, you acknowledge and agree that, since the Administrator maintains management control over Business Member Accounts, Jotta is not responsible for, and will not have any liability to you for, any actions taken by the Administrator with respect to your Business Member Account or Member Files. As an Administrator, you acknowledge and agree that Members maintain control of how the Files are used with the Service and that Jotta is not responsible for, and will not have any liability to you for, any actions taken by a Member with respect to the Business Account or Member Files.
The Administrator can upgrade the Business Account Subscription at any time. The Administrator can add storage or user licenses.
The Administrator can downgrade your Business Account to a Business Account with a lower storage level, with fewer user licenses, and/or with a shorter Subscription Period. However, any downgrade will apply and you will be charged for the downgraded account type only after the end of the Subscription Period for your existing account type.
The Administrator cannot access other Members or other Administrators files unless they are shared with the Administrator. The Administrator has access to read activity logs for the Business Account, including Member activity, and can thus read file and folder names of uploaded files, and other account activity details.
Users can only access their own files. Files shared by the User can be accessed by other people. The User can access files shared with the User.
A Business Account has a one year minimum Subscription period. The Subscription is automatically renewed yearly.
The Administrator can terminate a Business Account at any time. Termination will delete all Administrator files and Member files immediately.
Jotta reserves the right to keep Administrator’s and Member’s data up to 30 days after Business Account termination.
14. REQUIREMENTS TO USE THE SERVICE
To use the Service, you’ll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You understand and agree that the Service may include certain communications from Jotta, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Jotta may also send you promotional offers and news about Jotta, but you can opt out from receiving those communications at any time.
The User is responsible for keeping passwords secure. The User is solely responsible and liable for any activity that occurs under his/her username. If the User lose his/her password for the User’s account, the User may not be able to access his/her data. The User’s username and password is personal and may not be shared with any third party. If Users become aware of any misuse of their account, they must notify Jotta immediately.
15. FAIR AND ACCEPTABLE USE
All use of the Jotta Products and Services shall be in accordance with the principles and objectives as outlined in the Agreement and in accordance with applicable statutory laws and regulations.
Individual Users with an unlimited subscription plan may use the Service for normal individual usage. Although Jotta does not limit bandwidth or storage on Unlimited Subscription plans, we reserve the right to limit excessive abuse. The Users total storage and network usage may be deemed excessive if your usage greatly exceeds the average usage of Jotta customers. As an example, we would define storage consumption over 10 TB as excessive and beyond the scope of normal usage.
In the event the User is deemed to have violated this policy, we reserve the right to offer an alternative Jotta Product or Subscription. Following prior written notification, we reserve the right to terminate the User account and delete User data in such events.
You may not resell accounts or any account features. The User cannot share his password with third party and must store this in a safe manner.
You may not use Jotta Products or Services for any illegal and/or unlawful purposes.
You may not store or distribute data on the Service that in any way violates Norwegian law and regulations, including privacy or copyright laws, includes child pornography and/or other illegal content.
Jotta may establish or amend general operating practices to ensure availability of the Service and to prevent abuses. As a part of these practices, we reserve the right to monitor our systems to identify excessive consumption of storage and network resources and to take such technical and other remedies, as we deem appropriate.
Jotta reserves the right to block access and deny use of the Service, delete user data and / or terminate the User account and content if the User in Jotta’s sole discretion violates this Agreement.
Storage and/or distribution of data in violation of this Agreement may be reported to the proper authorities.
16. LIMITATION OF LIABILITY AND DISCALIMER OF WARRANTIES
UNDER NO CIRCUMSTANCES SHALLL JOTTA OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE SERVICES EVEN IF JOTTA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF JOTTA, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO JOTTACLOUD OVER THE LAST TWELVE (12) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN JOTTA AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JOTTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS. THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES. The User is solely responsible for the data stored and its content. Jotta is not responsible in any way for data and its content stored and/or distributed by the User.
17. CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Jotta reserves the right to modify the terms and conditions of the Agreement with 30 (thirty) days notice. Jotta also reserves the right to cancel, modify, suspend or terminate the Service, fully or on in part after having notified the User at least 30 (thirty) days preceding the cancellation of Service.. Jotta reserves the right to change the prices of running subscriptions. . Changes will take effect 30 (thirty) days after notification. All notifications of the above mentioned changes will be sent to the User via email.
18. RIGHT TO CANCEL
The User has the possibility to test the service with a free account before purchase. Therefore there is no right to cancel after the purchase.
Jotta reserves the right to transfer this agreement to a third party. Jotta will give Users notification of such change. The User will be notified 3 (three) days in advance via email.
20. LEGAL JURISDICTION
This Agreement is governed by and construed in accordance with the laws of Norway. For any legal disputes arising out of this Agreement, jurisdiction falls to the Court of Oslo, Norway.