Terms & Conditions
Last updated: December 1, 2024
1. Agreement to Terms
By accessing or using firsttutum's cloud storage services, website, and related applications (collectively, the "Services"), you agree to be bound by these Terms & Conditions. If you disagree with any part of these terms, you may not access our Services.
2. Eligibility
To use our Services, you must:
- Be at least 16 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete registration information
- Maintain the security of your account credentials
3. Account Registration and Security
When you create an account with firsttutum, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and accept all risks of unauthorized access
- Notify us immediately of any unauthorized use of your account
- Take responsibility for all activities that occur under your account
4. Services Description
firsttutum provides cloud storage services that allow users to:
- Upload, store, and manage files in the cloud
- Record live video, audio, and capture pictures directly to cloud storage
- Convert between different file formats
- Access files across multiple devices
- Share files with other users (subject to sharing limitations)
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
5. Acceptable Use
You agree not to use the Services to:
- Upload, store, or share illegal, harmful, or offensive content
- Violate any laws, regulations, or third-party rights
- Distribute malware, viruses, or other destructive code
- Engage in unauthorized access or interference with our systems
- Spam, phish, or engage in fraudulent activities
- Infringe upon intellectual property rights
- Share content that violates privacy rights
We reserve the right to remove any content that violates these terms and suspend or terminate accounts of repeat infringers.
6. Intellectual Property Rights
Your Content
You retain all intellectual property rights to the content you upload to firsttutum. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, and transmit your content solely for the purpose of providing the Services to you.
Our Services
All rights, title, and interest in and to the Services (excluding your content) are and will remain the exclusive property of firsttutum and its licensors. The Services are protected by copyright, trademark, and other laws.
7. Payment Terms
For paid subscription plans:
- Fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
- We may change service fees with 30 days' notice
- Late payments may result in service suspension
- Taxes are not included in subscription fees unless specified
8. Free Trial
We may offer a free trial period for new users. At the end of the free trial period, you will be automatically charged unless you cancel before the trial ends. Only one free trial is allowed per user.
9. Cancellation and Termination
You may cancel your account at any time through your account settings. Upon cancellation:
- Your subscription will remain active until the end of the billing period
- You will not receive a refund for any unused portion of your subscription
- Your stored files will be deleted according to our data retention policy
- We may retain certain information as required by law
We reserve the right to suspend or terminate your account for violation of these terms.
10. Data Storage and Backup
While we implement robust backup systems, you are responsible for:
- Maintaining independent backups of important files
- Ensuring you do not exceed your storage quota
- Managing file versions and recovery from trash
We are not liable for data loss due to user error, system failures, or force majeure events.
11. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using our Services, you agree to our collection and use of information as described in the Privacy Policy.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, firsttutum SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO firsttutum IN THE SIX MONTHS PRECEDING THE CLAIM.
14. Indemnification
You agree to indemnify and hold harmless firsttutum and its affiliates, officers, agents, and employees from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your use of the Services, your content, or your violation of these terms.
15. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
16. Dispute Resolution
Any dispute arising from these terms shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.
You agree to waive any right to participate in class-action lawsuits or class-wide arbitration.
17. Changes to Terms
We reserve the right to modify these terms at any time. We will provide notice of material changes through the Services or via email. Continued use of the Services after changes constitutes acceptance of the modified terms.
18. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
19. Entire Agreement
These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and firsttutum regarding the Services and supersede all prior agreements and understandings.
20. Contact Information
If you have any questions about these Terms & Conditions, please contact us:
legal@firsttutum.com
Address
123 Cloud Street
San Francisco, CA 94105
By using firsttutum services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
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