Terms of Service for G Cloud

Registration and Account Security

You must register with G Cloud to use the Services, and you agree to keep your registration information accurate, complete, and up-to-date as long as you continue to use the Services. G Cloud currently offers a free personal account with limited storage capacity ("Free Account") and various fee-bearing accounts offering larger storage capacities and other feature enhancements ("Paid Accounts").

If you sign up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees with a 30-day money-back period, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that G Cloud may restrict your ability to backup further data until you reduce your storage usage or upgrade your account.

Security

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify G Cloud immediately of any unauthorized use of your accounts or any other security breach related to the Service.

Privacy

You agree that G Cloud's collection, use, and disclosure of your personal information, backup data, or any other data will be governed by G Cloud's Privacy Policy, which is incorporated into these Terms by reference.

License and Restrictions

Subject to these Terms, G Cloud grants you a limited, non-exclusive, non-transferable, and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type.

You specifically agree that you will not, nor will you permit another person to:

• Sublicense, lease, rent, loan, transfer, or distribute any portion of the Products;
• Modify, adapt, translate, or create derivative works from the Products;
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Products;
• Remove, obscure, or alter any trademark, copyright, or other proprietary rights notices displayed in the Software or on the Site.

User Conduct

You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products to:

• Violate any laws or regulations;
• Infringe the intellectual property or other rights of third parties;
• Transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms, or time bombs.

G Cloud respects the intellectual property of others and requires that users of the Service do the same. In appropriate circumstances, G Cloud will terminate the accounts of infringers.

Indemnification

You agree to defend, indemnify, and hold G Cloud, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and costs, in connection with:

• Your use of the Products;
• Your violation of these Terms;
• Your violation of any third-party right, including any intellectual property right;
• Any claim that use of your backup data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of your account and these Terms.

Modification and Termination

G Cloud reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, G Cloud will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message, or by posting relevant information on the Site.

G Cloud reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms.

Termination

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing the use of the Products.

If you have a Free Account, G Cloud may terminate your account and these Terms immediately and without notice if G Cloud software fails to access the Service or to perform a backup for more than thirty (30) days or you fail to comply with these Terms. If you have a Paid Account, G Cloud may terminate your account and these Terms after thirty (30) days and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due, or otherwise fail to comply with these Terms.

On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. You specifically agree that G Cloud has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from G Cloud systems.

Disclaimer of Warranties

YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU SPECIFICALLY AGREE THAT G CLOUD, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES.

If you have a Paid Account, you agree that the aggregate liability of G Cloud for any and all claims in connection with the Products is limited to the amount paid for that account during the 30-day period before the relevant claim. If you have a Free Account, you agree that the aggregate liability is limited to one US dollar ($1).

Export Control

You acknowledge that use of the Products may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowledge that the Products may not be exported or re-exported to any U.K. embargoed countries or to anyone on the U.K. Treasury Department's list of Specially Designated Nationals or the U.K. Department of Commerce Denied Persons List or Entity List.

Governing Law and Dispute Resolution

These Terms and the relationship between you and G Cloud will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in London to resolve any dispute or claim arising from these Terms.

Miscellaneous

These Terms constitute the entire agreement between you and G Cloud and completely replace any prior agreements between you and G Cloud in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of G Cloud. G Cloud may freely assign this Agreement.