Last Updated: February 10, 2022
“Information” means information, data, text, content, analysis, news, reports, programmes, photographs, pictures, graphics, videos, audios, software and other materials, communications, transmissions and other items, tangible or intangible;
“Personal data” personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts and other personal details etc.);
“We”, “our” or “us” means the One2Cloud Limited;
“Users”, “you” or “your” means any person who accesses this Website
2. Changes to Website
We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from this Website, or alter the presentation, substance, or functionality of this Website.
3. Changes of Terms
4. Grant of License
The Service is not available to persons under 18 years of age or to any users previously suspended or removed from the Service by One2Cloud. When using the Service, including uploading or making available any User Data, you agree not to:
Upload or transmit via the Service any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair the Service;
Attempt to gain unauthorized access to the Service, or any part of them, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
Modify the Service in any manner or form, or use any modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service;
Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
Share passwords issued by One2Cloud with any third party or encourage any other User to do so;
Misrepresent the source, identity, or content of User Data;
Modify, adapt, translate or create derivative works based upon the Service;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, unless and only to the extent that such activity is expressly permitted by applicable law;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party; provide time sharing or similar services for any third party; or use the Service for any purpose other than your own internal business use;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service or Service;
Access the Service if you are a direct competitor of One2Cloud, except with One2Cloud’s prior written consent, or for any other competitive purposes; or
Collect or harvest any personally identifiable information, including account names, from the Service.
7. Account Activity Responsibility
7.1 User Accounts
In order to use certain aspects of the Service, you will have to register for the Service and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify One2Cloud. You may be liable for the losses incurred by One2Cloud or others due to any unauthorized use of your User Account. You may not establish more than one User Account for the same entity without One2Cloud’s written consent.
7.2 System Access
You may choose to allow One2Cloud to automatically retrieve data from your system or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow One2Cloud to so automatically access such system and services and you hereby grant One2Cloud permission to access such system and services and retrieve User Data therefrom by indicating the same within your User Account. One2Cloud disclaims any and all liability associated with accessing and retrieving User Data from such system and services on your or your Subscribing Organization’s behalf. In order to connect the Service with any third-party service, you hereby designate One2Cloud as your agent and attorney-in-fact in connection with such service and further authorize it to: (a) store your User Data relating to such service; (b) access such service using User Data you provide us; (c) use any materials you provide us in order to provide you the Service; (d) gather and export from such service any User Data reasonably necessary for us to provide the Service to you; and (e) otherwise take any action in connection with such service as is reasonably necessary for us to provide the Service to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. If at any time you do not have the right and authority to allow One2Cloud automatic access to such system, then you hereby agree to immediately disable such functionality within your user account.
7.3 Account Information
7.4 Payment and Refunds
8. User Data
8.1 Use of User Data
8.2 Your Responsibilities for User Data
8.3 Security Incidents
In the event that User Data is disclosed to or accessed by an unauthorized party, One2Cloud will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.
8.4 No Responsibility for Backups
One2Cloud will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.
8.5 Rights to User Data
You own all right, title and interest (including all intellectual property rights) in and to your User Data.
9. Ownership; Proprietary Rights
10. Third-Party Sites, Third-Party Information
The Service may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). One2Cloud makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
11. Security and Privacy Settings
We have implemented commercially reasonable technical and organizational measures designed to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Service and that you provide any such information at your own risk.
One2Cloud makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any content. One2Cloud does not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server that make the Service available are free of viruses or other harmful components. The Service and all content is provided to you strictly on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by One2Cloud.
13. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will One2Cloud or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Service, or any other interactions with One2Cloud, even if One2Cloud or a One2Cloud authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, One2Cloud’s liability will be limited to the fullest extent permitted by applicable law.
In all cases where copyrighted data may be included as part or all of the Service, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. You agree that One2Cloud will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
One2Cloud may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice. In addition, One2Cloud reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Data. You agree that any termination of your access to the Service or any account you may have, or portion thereof may be affected without prior notice, and you agree that One2Cloud will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies One2Cloud may have at law or in equity.
16. Governing Law and Dispute Resolution
16.1 Governing Law
16.2 Dispute Resolution
17.1 Notice and Modifications
17.2 Variation and Waiver
17.7 Entire Agreement