Oodrive Personal Cloud General Conditions
ATTENTION: new registrations for the service will not be permitted after December 15, 2015. Users who register before this date may continue to use the service, subject to acceptance of these general conditions
Article 1. Definitions
Service: means the service provided by Oodrive through the Oodrive Personal Cloud solution on various devices (PC, Mac, cellular phones, and tablets) in addition to web access. This service is provided by Oodrive under the name Oodrive Personal Cloud, free of charge, solely for users registered before December 15, 2015. No new registrations may be made after this date.
General Conditions or Contract: the present document, which governs the conditions under which the Oodrive Personal Cloud Service is provided by Oodrive.
User: Any natural person, private individual or professional, under private and public law, who has subscribed to the Oodrive Personal Cloud Service and accepted the present General Conditions.
Software: means all of the programs provided as part of the Service, installed on the User’s desktop and mobile devices (computers and portable devices) in order for the User to have all of the features at his or her disposal.
Article 2. Scope
The present General Conditions define the conditions under which the User is authorized to use the Service. Access to the Service requires unreserved acceptance of the present General Conditions by the User.
Article 3.Duration and termination
The Service shall take effect from the online subscription date for an indefinite period subject to the User connecting regularly and as a minimum once every six (6) months. If the User fails to connect during a period of 6 (six) consecutive months, the Service shall be automatically terminated with thirty (30) days’ notice. In this instance, an email shall be sent to the email address provided by the User when registering for the Service, stating that the account is due to expire. The User shall receive a reminder fifteen (15) days before final termination of his or her account.
The User may cancel the Service, without notice, by deleting his or her user account in the “Settings” area of the site www.oodrivepersonalcloud.com.
All of the User’s data stored as part of the Service shall be deleted as soon as the termination takes effect.
Article 4. Operation of the Service
The Service developed by Oodrive allows the User to store his or her data electronically, to share the data with his or her contacts, and to access the data from various devices (computers, cellular phones, tablets).
The files shall be accessible from any computer with an Internet connection. The Service assumes that the User has at his or her disposal a computer that is compatible with the Service, a high-speed internet connection, and a valid email address. The User may also install the Software on his or her desktop and mobile devices. The User is aware that the devices that he or she will use to access the Service must comply with the minimum system requirements (details available on the website www.oodrivepersonalcloud.com).
The User must be aware that the Service is not intended as backup space. He or she is advised to always keep a copy of his or her data on a removable storage device.
Article 5. Intellectual property
The User undertakes to install and use the Service for his or her sole and exclusive use. Following successful installation, the User shall have custody over all of the Software and is responsible for the Software. The User therefore undertakes not to copy the Software, transfer it, reverse engineer it, modify it in any way whatsoever, translate it, grant any license or lease, or combine it with other software.
The User recognizes Oodrive’s intellectual property rights to the Service and to the Software, in addition to any and all documentation supplied by Oodrive and any brands and logos belonging to Oodrive. Oodrive grants the User the right to use the Service and the Software under the conditions set out in the Contract.
At the end of the Contract, irrespective of the cause, the User undertakes to uninstall the Software from his or her computers and from all of his or her devices (Tablets, Smartphones, etc.).
Article 6. Obligations and responsibility of the user
The User installs the Software entirely at his or her own risk. Oodrive can only warn the User of the risks of installing a program on his or her devices. Any User data that the User saves on Oodrive servers which come to be corrupted or infected by a virus or by any other computer program that could damage equipment or software belonging to Oodrive or third parties may be erased by Oodrive or quarantined, with Oodrive promptly informing the User of this by email.
In all cases, the User’s data will be saved at his or her own risk.
The User may contact the support department by filling out the contact form available in the Help section of the website www.oodrivepersonalcloud.com. Oodrive undertakes to respond as soon as possible.
The User alone shall be responsible for any third parties whom he or she authorizes to access the Service using his or her login information: email address and password. This login information is personal and confidential and the User alone shall be responsible for their use.
The User must use the Service in accordance with the Law and with Regulations. The Client is therefore strictly forbidden to use the storage space made available under the present Contract to store, in any form whatsoever, any files containing content which may be in violation of applicable Laws and Regulations (in particular intellectual property rights, etc.). In such cases, Oodrive shall be permitted to take action against the User.
The User shall remain the sole and exclusive owner of the data and files that he or she stores and/or transfers using the Service. The User shall refrain from transferring, storing, copying, or sharing data unless he or she holds all the rights thereto or, failing this, authorization from the rightholders.
It is strictly forbidden to use the Service for anything other than private or reasonable purposes (usage which is clearly excessive for a private individual, for example).
Oodrive reminds the Client that use of the Service via mobile internet may be charged by his or her telephone operator and it is the Client’s responsibility to check this. Oodrive shall not be held liable in the event that the User’s use of the Service results operator charges.
The User recognizes and accepts that the data saved by the User on Oodrive’s servers are considered to have no market or commercial value.
Article 7. Security and confidentiality
Oodrive undertakes to take all necessary measures, in accordance with the state of the art and technology, to protect the security of the User’s files and data that are stored through the Service.
However, these security measures shall not exempt the User from having the necessary software (in particular, email antivirus and back web, etc.) and from analyzing and processing his or her data on a regular basis.
File transfers between Oodrive’s applications and servers are secured using a 256-bit SSL (Secure Sockets Layer) encryption. The files saved in the Service are all stored anonymously and encrypted using a 256-bit AES algorithm.
Users wanting an even higher level of security may opt to use his or her own encryption key by selecting the option “Use a personalized key” when he or she first uses the Service. The encryption key must be entered upon each authentication. The Service is unable to retrieve any files without the key. If the User forgets the key, he or she will be required to reinitialize his or her account and all of the data shall be permanently lost and deleted.
For users not wishing to take advantage of this option, the data shall be encrypted with an automatically-generated encryption key. Oodrive undertakes not to carry out any work involving the User’s data other than to potentially duplicate the content of the storage space for Service failsafe and/or backup purposes in the event of potential disruption.
The Service’s facilities are installed in two separate data centers located in France, where Oodrive has its own storage space. These two data centers are equipped with the best security available on the market.
Oodrive undertakes to keep the existence and content of the User’s files and data stored on its servers through the Service strictly confidential and is forbidden from disclosing them to third parties, unless the User is in breach of applicable legal provisions and/or requests are sent by the competent Administrative or Judicial Authorities.
Article 8.Personal data
The data provided by the User in the context of the Service shall be considered confidential by Oodrive. In particular, Oodrive shall refrain from selling on or disclosing such data, except to satisfy its regulatory and judicial obligations.
Information such as “last name, first name, mailing address, email address, phone numbers, [and] connection IP addresses” shall all be kept by Oodrive for the entire duration of the contractual relationship and for up to twelve months following expiry or termination of the Service. The personal information collected is essential to Oodrive in providing and managing the Service. The User specifically authorizes Oodrive to process, in electronic form, data concerning him or her in accordance with the amended French Data Protection Act of January 6, 1978 and to provide such data to its sub-contractors or partners in accordance with the General Conditions of Service and its purpose.
The User may, for legitimate reasons, object to his or her data being processed. To exercise his or her rights to access, rectify and oppose, the User must contact in writing: Oodrive, Correspondant Informatique et Libertés, 26 rue du Faubourg Poissonnière 75010 Paris. All requests must be accompanied by a copy of a valid form of identification.
Article 9. End of service
Oodrive undertakes to maintain the service free of charge until December 31, 2016, for all Users registered before December 15, 2015 and whose accounts have not already been terminated in accordance with Article 3 “Duration and termination”. Oodrive reserves the right to end the Service after this date. In this case, the User shall be notified by email with one (1) month’s notice.
Article 10. Right to withdraw
This article shall apply solely to those Clients who are considered to be consumers, as defined by the French Consumer Code.
Pursuant to Article L. 121-17 of the French Consumer Code, Users who are considered to be a consumer are granted a cancellation period that expires fourteen (14) days following online sign-up.
The User agrees that his or her first use of the Service constitutes performance of the Service and expressly waives his or her right to withdraw, including upon resubscription to the Service and changes in the services offered, pursuant to Article L. 121-21-8 of the French Consumer Code.
Article 11. Liability
Each of the parties shall be liable for their own faults, errors, or omissions, in accordance with the conditions laid down by law, with the understanding that this liability shall be limited to direct damage only. The User alone shall decide whether or not to save his or her files and data and to keep or to delete them and shall be solely and exclusively liable for his or her choices.
Furthermore, Oodrive may not under any circumstances be held liable for any indirect damage, such as loss of profits and clients, loss of revenue or reputation, loss of usage, and/or any other unforeseeable damages, even if Oodrive was informed of the possibility of such damage occurring.
In any event, in the event of litigation, the amount of damages and interest that Oodrive may be liable for, if its liability has been engaged, shall be limited to a fixed sum of one hundred and fifty (150) euros.
The Client recognizes and accepts that the Internet or any other network used to transmit stored data may be overloaded and/or that the data being exchanged through the network may be diverted and, therefore, discharges Oodrive of all liability in this regard.
Similarly, Oodrive’s liability will not be engaged by third party interference in the User’s communication and transmission systems or by malfunctions or disruptions of the Service as a result of negligence, faults, or any action whatsoever taken by the User or by a third party to the present Contract.
In particular, Oodrive shall not be held liable for any fault during receipt of data where these faults are caused by filtering and/or blocking technologies put into place by technical intermediaries, such as service providers, which are external to the present Contract. If the User observes such faults, he or she is invited to contact his or her Internet access provider.
The User is reminded that Oodrive provides no identification service or antivirus protection. The User may not under any circumstances invoke Oodrive’s liability more than one (1) year after damage occurs.
Article 12. General provisions
The present Contract and the Service shall be subject to French law.
In the event of force majeure, the obligations under the Contract shall be suspended for the duration of the force majeure. The notion of force majeure shall be expressly interpreted in accordance with that which is usually reported in the case law of the French Courts and Tribunals, in particular in cases of disruption or overloading of the Internet itself or of the User’s Internet service provider.
The parties agree that Oodrive may, ipso jure, modify the present terms and conditions without formality, save for informing the User by means of an online notice on the site www.oodrivepersonalcloud.com or by email. Online terms and conditions take precedence over printed terms and conditions. If these modifications are unfavorable to the User, he or she has one (1) month to request termination of the present Contract without penalty. If the Contract is not terminated, the User shall be considered to have accepted the new conditions.
Any dispute between the parties arising from the formation, interpretation, execution, cessation, or termination of the Contract shall be subject to an attempt to reach an amicable settlement.
Should an amicable settlement fail to be reached, any disputes with Users considered to be a consumer, as defined by the French Consumer Code, shall be brought before the relevant Court in accordance with the French Civil Procedure Code. Any disputes with a Client not considered to be a consumer, as defined by the French Consumer Code, shall be brought before the relevant Court in Paris with jurisdiction over the matter, as agreed by the parties, even in the case of multiple defendants or third-party claims.