General Terms of Service

Last Modified: July 1, 2016

Thank you for using Cloak Apps! These general terms of service (the “Terms”) govern your use of Clault (“we” or “our”) website and our Cloak Apps product & services (the “Services”), so please read them carefully before using the Services.

By using the Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Clault, or on behalf of your organization if you are representing an organization, and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

YOUR INFORMATION AND YOUR PRIVACY

We may need your permission to do things you ask us for the operation of the services. These include, but are not limited to, hosting your files or sharing them with your collaborators. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).

Through using our Services, you provide us with files, folders and information that you submit to Clault (together, “your information”). You retain full ownership to your information. Clault do not claim any ownership to any of your information. These Terms do not grant us any rights to your information or intellectual property except for the limited rights that are needed to run the Services.

Aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

During the product usage, you are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that Clault has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

SHARING YOUR INFORMATION

The Services provide features that allow you to share your information with others or to make it public. There are many things that users may do with that information (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Clault has no responsibility for that activity.

YOUR RESPONSIBILITIES

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Clault, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. You, and not Clault, are responsible for maintaining and protecting all of your information. Clault will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

ACCOUNT SECURITY

You are responsible for safeguarding passwords, security certificates and encryption keys that you use to access the Services and you agree not to disclose passwords, security certificates and encryption keys to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Clault of any unauthorized use of your account.

SOFTWARE AND UPDATES

Some use of our Service requires you to download a client software package (“Software”). Clault hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

Our software products will have its licensing agreement, which you will have to review and agree before installing the products. The software product licensing agreement will supercede and replace terms covered in this agreement.

CLAULT PROPERTY AND FEEDBACK

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of United States, Singapore and foreign countries. These Terms do not grant you any rights to use the Clault trademarks, logos, domain names, or other brand features.

ACCEPTABLE USE POLICY

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Clault Acceptable Use Policy.

COPYRIGHT

We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

OTHER CONTENT

The Services may contain links to third-party websites or resources. Clault does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

TERMINATION

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. Paid subscription fees will not be refunded. Our software products' licensing agreement will have additional termination clauses that supercede and replace the termination clause in this agreement.

CLAULT SERVICES IS AVAILABLE “AS-IS”

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Clault will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLAULT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLAULT 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 THE AMOUNTS PAID BY YOU TO CLAULT FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

EXPORT RESTRICTION

The export and re-export of the Software may be controlled by certain countries Regulations. Cloak Apps software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Software. In addition, the Software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.

MODIFICATIONS

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

MISCELLANEOUS LEGAL TERMS

Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the Singapore.