legal-terms

GeoFolder Terms of Service

Posted: January 5, 2016

Thanks for using GeoFolder! Before you get started, it’s important that you read and understand the following terms of service (“Terms”). They cover your use and access to the services, apps, client software and websites (“Service”, “Services”) provided by GeoFolder Inc (“Us”, “GeoFolder”, “we” “our”, etc). Our Privacy Policy explains how we collect and use your information and is incorporated by reference to these Terms, so be sure to read and understand them, as well.

By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy policies. If you’re using our Services for an organization, you are agreeing to these Terms on behalf of that organization and are representing that you have the power to bind your organization to these terms. If you do not agree to be bound to these terms, you must not use GeoFolder. If you have any questions about this agreement, you may contact us at privacy@geofolder.com for more information.

Customer Data

When you use our Services, you provide us with data like your files, content, etc. This data is yours. These Terms don’t give us any rights to your data except for the limited rights that enable us to offer the Services, such as hosting it, backing it up, sharing it (only at your request), and so on.

As an analogy, when you mail a letter, you need to give the post office enough rights to your letter so they can touch it, move it, protect it and deliver it. They never own it, but they get enough of a right to it that they can do the job you’ve asked them to do. Cloud storage is like that – we need the minimum rights necessary to your data to do the job you are asking us to do, and you are agreeing to that when you use GeoFolder.

For the purposes of Privacy Law in the EU and UK, GeoFolder is a “data processor” and will act only on instructions from the “data controller” (you).

The data processor (GeoFolder) will also comply with security obligations equivalent to those imposed on the data controller (You) itself.

GeoFolder applies these standards to ALL jurisdictions, not just the EU.

Location: GeoFolder will apply its best efforts to make sure that your data stays in the country or jurisdiction that you have chosen to store it in. That’s the point of GeoFolder, and we take it very seriously.

However, in the event of a disaster or similarly urgent event, we reserve the right to attempt to move your data to the nearest safe location, which may be in a different jurisdiction, rather than allowing it to be destroyed or lost. For example, in the event of a severe earthquake in California, it may be faster to move critical data to our west coast cloud servers in Canada than to the east coast of the US. We will always try to maintain data sovereignty, but data protection must take priority in the hierarchy of needs. You will be notified if this ever happens and we will repatriate your data as soon as it’s possible to do so. Since we enforce the highest security standards for any jurisdiction to all jurisdictions, your data will always comply with the data security standards in your location no matter where it is, even temporarily.

We also reserve the right to “lock” or completely prevent all access (including you) if we are forced to move or treat data in a way where we are not completely confident in its security. We don’t actually expect to ever do this, but you should know that any security expert would agree that in the event of an emergency like a critical breach, it’s best to lock everything down first, then fix the problem, then let all the authorized users back in. We would undertake to complete this as fast as possible.

Finally, it is Your ultimate responsibility to maintain privacy law compliance and data sovereignty. You should be aware that if you have, for example, Canadian files in the sync folder on your laptop in Canada, and then you take that laptop to another country, we have no way to stop you from doing so, and the responsibility for exporting that Canadian data out of the country on the laptop is Yours and Yours alone. GeoFolder is a tool, and like any tool can be misused. We are responsible for how GeoFolder works, but You are responsible for how You use it, and GeoFolder specifically waives any and all responsibility for Your misuse and failure to comply with privacy laws.

Acceptable Use

You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or GeoFolder. You must not intentionally or negligently: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by GeoFolder) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:

  1. use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies“);
  2. sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
  3. remove, obscure or alter any proprietary rights notice pertaining to the Service;
  4. access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
  5. use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
  6. interfere with or disrupt servers or networks used by GeoFolder to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service;
  7. access or attempt to access GeoFolder’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
  8. cause, in GeoFolder’s sole discretion, inordinate burden on the Service or GeoFolder’s system resources or capacity; or
  9. share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

GeoFolder reserves the right, in its sole discretion, to deactivate, change and/or require you to change your GeoFolder user ID and any apps or other services you may obtain through the Services for any reason or for no reason. GeoFolder may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.

We will not assume or have any liability for any action or inaction with respect to any Content. Please don’t copy, upload, download or share content unless you have the legal right to do so.

We will NOT monitor your content or activity routinely – your privacy is very important to us. However, we may review your conduct and content for compliance with these Terms if we have reason to believe there may be a breach of the Terms, though we have no obligation to do so.

We aren’t responsible for the content people post and share via the Services, and actively avoid learning or knowing what our users store unless we have a strong reason for a review (such as a legally valid warrant). The only scanners we use on content are for virus checking, corruption detection, and similar data protection methods. GeoFolder is built around security and privacy and we take that seriously.

Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13 and thus legally entitled to enter into a binding agreement.

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

GeoFolder Intellectual Property

The Services are protected by copyright, trademark, and other laws, both domestic and foreign. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, GeoFolder trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. GeoFolder is designed to comply with the law, not evade it.

Paid Accounts

Billing. We’ll automatically bill you from the date you sign up to GeoFolder and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel renewal of your GeoFolder Account at any time but you won’t be issued a refund unless it’s legally required.

Admin Accounts

If you join a GeoFolder account connected to an Admin Account, you must use it in compliance with your employer’s terms and policies. Please note that GeoFolder accounts controlled by Admin accounts are subject to your employer’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your account. They may also be able to restrict or terminate your access to an account. If you join an existing GeoFolder account to a GeoFolder Admin account, your administrators may prevent you from later disassociating your account from the account. We recommend you keep your personal and work GeoFolder accounts separate.

Termination

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.

Services “AS IS” with no Warranty

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GEOFOLDER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILLGEOFOLDER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT GEOFOLDER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $15 OR THE AMOUNTS PAID BY YOU TO GEOFOLDER FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions don’t allow the types of limitations in this paragraph, so they may not apply to you.

Controlling Law

These Terms will be governed by Canadian (Alberta) law.

Specific application of EU Law: The data processor (GeoFolder) is to act only on instructions from the data controller (You).

The data processor (GeoFolder) will comply with security obligations equivalent to those imposed on the data controller (You) itself.

Note: GeoFolder applies these terms to ALL jurisdictions, not just the EU.

Entire Agreement

These Terms constitute the entire agreement between you and GeoFolder with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

GeoFolder’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. GeoFolder may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Revisions

We may revise these Terms from time to time, and will post the most current version on our website. If in our exclusive opinion a revision meaningfully affects your rights or usage, we will directly attempt to notify you (eg. by sending a message to the email address associated with your account or as a notice in your dashboard). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

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