- By using the Services you agree to be bound by these Terms in their entirety for the period of time agreed between the parties (the "Fixed Contract Period"), such period to be renewed automatically in accordance with these Terms.
- If you are using the Services on behalf of an organisation then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "you" and "your" will refer to that organisation.
- 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 Icedrives 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 Files and Privacy
- By using our Services you provide us with information, files, and folders that you submit to Icedrives (together, "your files"). You retain full ownership to your files. We don't claim any ownership of any of your files. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
- We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. 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.
- You can stop using our Services any time by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
- We reserve the right to suspend or terminate the Services at any time, without cause, with or without notice to you. At our sole discretion, we may refund unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.
TERM AND TERMINATION
- In the event of a material breach by you of these Terms, we retain the right to suspend or terminate these Services to you without any notice to you. If we terminate for a material breach of these terms, no refund of any fees paid will be offered. It shall constitute a material breach of these Terms if we have a reasonable belief that you:
- THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY MALTESE LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF SLIEMA, MALTA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Icedrives with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Icedrives'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 Agreement 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 in these Terms, and any such attempt is void, but Icedrives may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Icedrives and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
- Where Services are offered on a free trial basis, payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be requested during the free trial period).
- The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
- If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.
- If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.
Money Back Guarantee
- Some Services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period. If you do not claim a refund of fees during this period then no refund will be due.
- Money back guarantee is not available in combination with a free trial. If you pay for our Services during or at the end of a free trial period then no money back guarantee will be available.
- All fees paid to us are non-refundable except in circumstances set out in these Terms.
- You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
You agree not to misuse the Icedrives Services. For example, you must not, and must not attempt to, use the Services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, Icedrives (or our service providers') computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorization;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.