Terms & Conditions

July 1st, 2019

1. General

Jotta AS (“Jottacloud”) offers a cloud storage service (“Service”) that lets you back up, store, synchronize and share files over the internet.

These terms of use (the “Agreement”), and our Privacy Policy , is a legal binding agreement between Jottacloud and you the user. References to “we,” “our” and “us” refer to Jottacloud, while “you”, “your” and “user” refer to the user or customer.

By using the Service, you agree to and are bound by the terms of this agreement.

2. User Account

To use the Service you need to set up a Jottacloud account. You may set up an individual free account (“Free account”), an individual paid account (“Individual account”), a Family account or a Business account (“Business account”).

3. Free Account

Free accounts are available for individuals only, and not for businesses, organizations, etc. The Free account is provided free of charge, with specified limitations in storage capacity and features. Jottacloud reserves the right to apply other limitations, and to display paid ads on Free accounts. A Free account may be terminated by Jottacloud if it has been inactive for a period of one year or longer. A Free Account holder may at any time upgrade to an Individual account.

4. Individual account and Family account

Individual accounts and Family accounts are available for individuals only, and not for businesses, organizations, etc. The Individual accounts and Family accounts cannot be used to store data for commercial purposes. Individual accounts and Family accounts storage capacity and features according to the selected subscription plan.

Individual accounts have single user subscriptions. Family accounts have shareable subscriptions for up to five users.

Individual accounts and Family accounts have an initial term of one or twelve months and will be automatically renewed for an additional identical subscription period (one or twelve months) unless the user cancels or terminates the paid subscription the day before the current subscription period ends, at the latest.

The account owner's credit card will be charged automatically when a subscription is renewed. All payments are non-refundable, even when the user has cancelled the subscription. The user can change his subscription at any time.

When a Family account is established, a Family administrator will automatically be registered. The Family administrator is responsible for the Family subscription and its members.

The Family administrator must identify each member of the Family account by registering an email-address or mobile number for each member. As a Family administrator, you are responsible for paying for the Family account.

The Family administrator does not have access to data stored in other members account unless it is shared with the administrator.

Each member can only access their own files unless other members have shared their files. The members are free to share data and files with each other.

The Family administrator may at any time upgrade (increase the storage capacity or the number of members), or downgrade (reduce storage capacity or number of members), the account or change the subscription period. The Family administrator may at any time terminate the Family account. Upon termination of the account, all stored data will be deleted 90 days after the subscription expires. All members in a Family account must have the same residential address. Each member must confirm this upon registration.

5. Business Account

A business, organization or individual can create a Business account. When a Business account is established, a Business account administrator will be created automatically. The Business account administrator is responsible for adding and maintaining the Business account and the Business account members. For Business Accounts special terms apply, see section 13.

6. Licence to use the Service

When a user has subscribed for an account in accordance with the licence terms and Jottacloud´s instructions, Jottacloud provides the user the right to utilize the Service.

The user shall only use the Service within the purpose and with the limitations and instructions provided by Jottacloud.

Jottacloud grants you a non-exclusive, non-transferable licence to install and use the Service within the given purpose. The licence cannot be forwarded to others or in any other way be made available for others, other than what is stated in this agreement. Certain third-party code may be provided with the Service, and is governed by the accompanying third-party’s licenses.

The Service and its structure, organization, source code and documentation contain trade secrets. Jottacloud is the sole owner of the Service and the software utilized to provide the Service and all the related documentation.

The Service allows the user to share, send and exchange digital content with other people. The user must have all necessary rights to distribute this digital content. By using the Service you acknowledge that Jottacloud has no control over any digital content sent through or used with the Service and Jottacloud can therefore not be held responsible or liable in any way neither for the use, content or storage of the said digital content. Jottacloud reserves the right in its sole discretion to remove content or take any action deemed necessary relating to content that are in violation with applicable laws. Jottacloud reserves the right to conduct virus checks and may block certain files from being uploaded.

The User may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.

7. Upgrade and downgrade

You can upgrade from a Free account to an Individual or a Family account by following Jottacloud’s upgrade procedures. You can also downgrade an Individual and a Family account to a Free account.

Downgrading an account means changing from an Individual account or a Family account to a Free account. Before you can go through with a downgrade, you must delete files from your Individual account or a Family account so it does not contain more than 5 GB of stored data. For a Family account all members must be deleted prior to downgrading to an Individual or Free account.

8. Renewals, cancellation and termination

Subscriptions on Individual, Family, and Business accounts are automatically renewed when the current subscription period ends.

The User can cancel his subscription at any time. When a subscription is cancelled, it means that it will not be renewed at the end of the subscription period.

After a subscription ends, Jottacloud will terminate the account or downgrade the user’s Individual account to a Free account. If the Individual account contains more than 5 GB of storage, all files in the account will be deleted during this downgrade.

You can delete your account at any time. This can be done under Settings on the “Account and profile” page.

If the user has failed to pay fees or other sums owed to Jottacloud, we have the right to terminate the account 90 days after the original payment was due.

Jottacloud has the right to terminate the user’s account if the user acts in a manner that is not compliant with this agreement, or instructions given by Jottacloud.

We will delete user data no later than 90 days after the user account has been terminated.

9. Age limit

The age limit for establishing a Free account, Individual or Family account is 13 years. Jottacloud has the right to delete any information including the user account and data if we learn that the user who established the account, is under 13 years of age.

For a Family account, the Family administrator must be over the age of 13 years.

10. Changes in personal information

The User shall notify Jottacloud about changes in email address and payment information immediately by changing the account information under Settings. The user is solely responsible for any costs that may occur due to faulty or not updated user information.

11. Privacy and data collection

Jottacloud may collect and store non-personally identifiable information that is connected to the use of the Service. This includes statistics and performance metrics related to the software. This information is sent to Jottacloud and may only be used by Jottacloud according to our Privacy Policy .

If presented with a binding court order from a Norwegian Court, Jottacloud will hand over personal user data to Norwegian authorities in accordance with the court order. Jottacloud will notify the user of such events, to the extent permitted by Norwegian law.

12. Bonus Storage

You can earn extra free storage (“Bonus Storage”) on your account. Bonus Storage is free storage that is added to your storage capacity for a limited time. Bonus Storage is only available for Free Accounts and Individual Accounts.

Jottacloud reserves the right to cancel or modify the terms of Bonus Storage and withdraw any Bonus Storage given to Users for any reason at any time in its sole discretion.

13. Special terms for Business Accounts

If you have a Business account, this section (“Special Terms for Business Accounts”) shall apply to your use of the Service.

A Business account is setup by a Business account administrator (“administrator”) who selects the Business subscription plan and adds Business account members (“members”) to the account and creates a separate account for each member. The administrator identifies members of the Business account by providing email addresses for each member. As an administrator, you are required to pay the fees for the use of your Business account by all members.

The administrator maintains exclusive control over the management of all the member accounts, and ensure that all use of the Service is in accordance with this agreement and other instructions from Jottacloud. It is the Administrator’s sole responsibility to ensure that the storage capacity for members is increased or decreased as necessary. It is also the Business account administrator’s sole responsibility to add or remove members as required.

Business accounts cannot earn Bonus storage.

The administrator cannot access data stored on member’s accounts unless they are shared with the Administrator. The Administrator has access to read activity logs for the Business Account, including Member activity, and can thus read file and folder names of uploaded files, and other account activity details.

Users can only access their own files. Files shared by the user can be accessed by other people. The user can access files shared with the user.

Business account subscriptions are automatically renewed monthly or yearly, depending on the Administrators choice.

The administrator can at any time upgrade (add storage or user licences) or downgrade (remove storage or user licences) or change the subscription period. Such changes will be valid from the end of the current subscription period. The Administrator can at any time terminate a Business account. When an account is terminated, all stored data will be deleted.

14. Requirements to use the Service

To use the Service, you’ll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless connection, increased charges from your wireless carrier may occur. You are responsible for paying all wireless charges and other third party services you use to access the Service.

The user is responsible for remembering and keeping passwords secure. The user is solely responsible and liable for any activity that occurs under his/her username. If the user loses the password for the user’s account, the user may not be able to access his/her data. The user’s username and password is personal, and may not be shared with any third party. If users become aware of any abuse of their account, they must notify Jottacloud immediately.

15. Fair and acceptable use

All use of the Jottacloud products and services shall be in accordance with the principles and objectives as outlined in this agreement, and in accordance with applicable statutory laws and regulations.

Jottacloud may establish or amend general operating practices to ensure availability of the Service and to prevent abuse. As a part of these practices, we reserve the right to monitor our systems to identify excessive consumption of storage and network resources and to take such technical and other actions, as we deem appropriate. Limitations on bandwidth and the number of api calls may occur.

The subscription Jottacloud Personal, with unlimited storage space, was created to provide customer predictability. Unlimited refers to available storage space. If the storage space exceeds 5 TB on a Personal subscription, the upload speed will be reduced.

Users with an Individual or Family account may use the Service for normal non-commercial purposes. We reserve the right to limit excessive use and abuse of the Service. If a user’s total storage and network usage greatly exceeds the normal usage of an average Jottacloud user, and/or indicates that the Service is being uses for other than normal individual and non-commercial use, this may be deemed as abuse of the Service.

In these abovementioned cases, we reserve the right to offer an alternative Jottacloud subscription, cancel the subscription, or in some cases delete the user account and/or user data. The user will be contacted by us with a suggested solution or notice of action in such events.

Users may not resell accounts or any account features. The User cannot share his password with a third party and must store this in a safe manner. It is a breach of this agreement to use Jottacloud Products or Services for any illegal and/or unlawful purposes. You may not store or distribute data on the Service that in any way violates Norwegian law and regulations, including privacy or copyright laws. This includes child pornography, pirated material and/or other illegal or copyrighted material.

User accounts that store and/or share illegal or copyrighted material on the Service will be terminated.

Jottacloud reserves the right to block access and deny use of the Service, delete user data and/or terminate the user account and its content if the user in Jottacloud’s sole discretion violates this agreement.

Storage and/or distribution of data in violation of Norwegian law may be reported to the proper authorities.

16. Limitation of liability and disclaimer of warranty

Jottacloud is under no circumstances responsible for any damage, cost or loss relating to the use of the Service. This also applies to loss of data stored in the Service and consequences of data loss. Jottacloud cannot be held responsible even though Jottacloud has been advised of the danger of loss.

Jottacloud's total liability for any form of damage, cost or loss related to the Service and these license terms is in any event limited to an amount corresponding to what has been paid for that account in the last 12 months before the claim arose.

Jottacloud nevertheless has no liability for indirect loss or consequential damages of any kind.

17. Marketing and communication

Jottacloud will only send information about news, products and services in channels such as email and SMS if the user gives consent. The user can withdraw such consent at any time.

18. Changes to the Service and Terms and Conditions

Jottacloud reserves the right to modify the Terms and Conditions of the agreement with 30 (thirty) days’ notice. Jottacloud also reserves the right to cancel, modify, suspend or terminate the Service, fully or on in part after having notified the User at least 30 (thirty) days preceding the cancellation of Service. Jottacloud reserves the right to change the prices of recurring subscriptions. Changes will take effect 30 (thirty) days after notification. All notifications of the above-mentioned changes will be sent to the user via email.

19. Right to cancel

The user has a period of 14 (fourteen) days after purchasing the Service to exercise the right to cancel without any penalty and without cause. The right to cancel is only available for Individual accounts.

20. Miscellaneous

Jottacloud reserves the right to transfer this agreement to a third party. Jottacloud will give users notification of such change. The user will be notified 3 (three) days in advance via email.

21. Legal Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Norway. For any legal disputes arising out of this Agreement, jurisdiction falls to the Court of Oslo, Norway.

22. Customer support

For questions about the service, please contact customer support via email on support@Jottacloud.com . Jottacloud will try to answer all requests within a reasonable time frame.

23. Contact information

Email: support@Jottacloud.com
Address:
Jotta AS
Øvre Slottsgate 5
0157 Oslo
Norway

Phone: +47 21 04 29 00