Terms of Service for Cloudy Clip Application
Introduction to Cloudy Clip Terms of Service
This document establishes a legally binding agreement between Cloudy Clip (referred to as "we," "us," or "our") and the user ("you" or "user") governing your access to and use of the Cloudy Clip application and its services. The primary function of Cloudy Clip is to offer a secure, cloud-synced clipboard manager that allows users to store, manage, search, encrypt, and synchronize copied content across devices. By using this application, you agree to adhere to the terms and conditions outlined herein. This agreement becomes effective immediately upon your first use of the application.
These terms apply to all features and functionalities currently available within the Cloudy Clip application and any future updates or additions, unless explicitly stated otherwise.
As the Cloudy Clip application evolves, it may become necessary to modify these Terms of Service. We expressly reserve the right to change these terms from time to time without providing direct notice to you. You acknowledge and agree that it is your responsibility to periodically review this document to familiarize yourself with any modifications. Your continued use of the Cloudy Clip application after any such modifications will constitute an acknowledgement of the updated Terms of Service and an agreement to be bound by them. This ensures that the terms remain relevant and applicable to the application's current state and any changes in legal or regulatory requirements.
Acceptance of Terms
By accessing or using the Cloudy Clip application, you unequivocally acknowledge that you have carefully read, fully understood, and willingly agree to be bound by these Terms of Service and our Privacy Policy. This agreement governs your relationship with Cloudy Clip and outlines the rules and regulations for using our services. If you do not agree with any part of these terms, you must immediately cease all access to and use of the application. This condition is fundamental to your right to use the application, as it ensures a mutual understanding and acceptance of the terms that govern the platform.
Consideration should be given to including an age restriction for using the Cloudy Clip application. While the application focuses on clipboard management and does not directly involve financial transactions, users will be inputting their data, which may have personal implications. Establishing a minimum age, such as 18 years or older, as suggested in other terms of service examples, could be a prudent measure. This can help ensure that users are of legal age to make their own decisions and to understand the implications of the data they are recording within the application.
Description of the Service
Cloudy Clip is a clipboard manager . Core capabilities may include:
- Saving clipboard items (e.g., text, links, images) into a local or cloud-synced history;
- Optional cloud sync across signed-in devices;
- Search, tagging, pinning, previewing, and organizing items;
- Optional end-to-end encryption for content you choose to encrypt.
Cloudy Clip does not execute system actions beyond permitted clipboard operations, provide content moderation for your copied items, or guarantee recovery of deleted content. Feature availability can vary by platform, plan, and region. We may add, modify, suspend, or discontinue features at any time.
Plans, Billing & Refunds
We may offer free and paid tiers with varying features. Fees, features, and limits are described in-app or on the website. We reserves the sole and absolute right to modify, temporarily suspend, or permanently discontinue the application, or any specific feature or part thereof, at any time. This can be done with or without prior notice to users. Such actions may be necessary for various reasons, including but not limited to performing maintenance, implementing updates, addressing security concerns, or making strategic business decisions. Cloudy Clip will not be held liable to you or any third party for any loss or inconvenience resulting from any such modification, suspension, or discontinuation of the application or its features. This provision ensures operational flexibility for Cloudy Clip to adapt and evolve over time.
Unless stated otherwise, subscriptions renew automatically until you cancel. Except where required by law or our posted refund policy, fees are only refundable for the unused portion of the subscription.
Your Content & Permissions
You retain ownership of clipboard content you store in the Service (“Your Content”). To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content as necessary to provide and improve the Service (for example, syncing between your devices). This license ends when Your Content is deleted from our systems. We do not claim ownership over Your Content.
If you enable encryption features, encrypted items are protected according to the documentation. You're responsible for safeguarding any passphrases or recovery keys; we may be unable to decrypt encrypted items without them.
User Accounts
To access and utilize the full range of services offered by the Cloudy Clip application, users will be required to create a personal account. The registration process will involve providing an arbitrary display name, a valid email address and creating a secure password. As part of the registration process, users may be asked to complete an online registration form that requests certain information and data. It is imperative that all information provided during registration is truthful, accurate, and kept current. Users are responsible for maintaining and promptly updating their registration data to ensure it remains complete and accurate at all times. This ensures the integrity of user data within the application and facilitates effective account management.
Maintaining the security and confidentiality of your account credentials, including your username and password, is your sole responsibility. You are entirely responsible for all activities that occur under your account, regardless of whether you authorized them. This includes any actions taken, data entered, or modifications made within the application using your credentials. Should you become aware of any unauthorized access to or use of your account, or any other breach of security, you must immediately notify Cloudy Clip. This prompt notification allows us to take appropriate measures to help secure your account and mitigate any potential risks.
Users may have the option to terminate their Cloudy Clip account at any time. The specific procedure for account termination, if available, will be clearly outlined within the application's settings or help documentation. Upon termination, your access to the Cloudy Clip application and your account will be revoked. Consideration should be given to whether users will have the ability to export their data prior to or upon termination, as this is a common expectation for data-centric applications.
User Conduct and Responsibilities
You agree to use Cloudy Clip lawfully and ethically for its intended purpose of clipboard management.. This includes using the application in compliance with all applicable laws and regulations.
Certain types of conduct are strictly prohibited when using the Cloudy Clip application. This includes, but is not limited to, using the application for any purpose that is illegal, unlawful, or unauthorized. Users must not attempt to interfere with the proper functioning of the application, including but not limited to introducing viruses, malware, or any other technologically harmful material.
You're solely responsible for the content you copy, store, and organize — Cloudy Clip does not verify or vet any user-provided content, and assumes no liability for it. Engaging in any form of harassment, abusive behavior, or hate speech towards other users (if community features are introduced in the future) is strictly forbidden. Furthermore, users must not infringe upon the intellectual property rights of Cloudy Clip or any third parties. Any attempts to spam other users or post irrelevant, misleading, or malicious content (if sharing features are added later) are also prohibited.
Intellectual Property Rights
Cloudy Clip and its licensors are the exclusive owners of all rights, title, and interest in and to the Cloudy Clip application. This encompasses the application's design, including its visual interface and user experience, the underlying software code that powers the application, all trademarks, service marks, logos, and any content created by Cloudy Clip and made available within the application. These elements are protected by applicable intellectual property laws, including copyright and trademark laws.
By using Cloudy Clip, you grant us a non-exclusive, royalty-free, worldwide license to store, access, transmit, display, and process your clips solely for providing the clipboard management service. You are strictly prohibited from engaging in any activities that infringe upon Cloudy Clip's intellectual property rights. This includes, but is not limited to, copying, modifying, distributing, selling, leasing, or creating derivative works based on the Cloudy Clip application or its underlying code, in whole or in part, without the express prior written permission from Cloudy Clip. Reverse engineering, decompiling, or otherwise attempting to extract the source code of the application is also strictly prohibited, except to the extent expressly permitted by applicable law.
Data Privacy and Security
The collection, use, and disclosure of users' personal information by Cloudy Clip are governed by a comprehensive Privacy Policy. This policy is a separate document that provides detailed information about the types of personal data we collect, how we collect it, the purposes for which we use it, and the circumstances under which we may disclose it. The Privacy Policy also outlines the measures we take to protect user data and the rights users have regarding their personal information. It is essential that you review the Privacy Policy to understand our practices concerning your data.
Cloudy Clip implements reasonable and appropriate security measures designed to protect user data from unauthorized access, use, alteration, or destruction. These measures may include encryption of data in transit and at rest, secure server infrastructure, access controls, and regular security audits. While we strive to protect your personal information, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.
Users also have a crucial role to play in maintaining the security of their own data. As previously mentioned, users are responsible for safeguarding their account credentials, using strong and unique passwords, and protecting their devices from unauthorized access. Cloudy Clip will not be held responsible for data breaches or unauthorized access resulting from a user's failure to maintain adequate security measures on their end.
Limitation of Liability
To the maximum extent permitted by applicable law, Cloudy Clip, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Cloudy Clip application. This exclusion applies regardless of the legal theory under which such damages are sought, including breach of contract, tort (including negligence), strict liability, or any other legal theory. This limitation is a fundamental element of the agreement, reflecting the inherent risks associated with software applications and online services.
In no event shall the total aggregate liability of Cloudy Clip to you for all claims arising out of or relating to these Terms of Service or your use of the Cloudy Clip application exceed the amount paid by you (if any) to Cloudy Clip for the application in the twelve (12) months immediately preceding the event giving rise to the liability, or if no such payments have been made, the sum of one United States dollar (USD $1.00). This limitation of liability is a contractual provision that allocates risk between you and Cloudy Clip.
Disclaimer of Warranties
The Cloudy Clip application is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Cloudy Clip expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability.
Cloudy Clip does not warrant that the application will be error-free, uninterrupted, secure, or that any defects or errors will be corrected. We do not guarantee the accuracy, completeness, reliability, or timeliness of any data or content available through the application, except as explicitly stated otherwise.
Termination of Service
Cloudy Clip reserves the right to suspend or terminate your access to the Cloudy Clip application, or any part thereof, at any time, with or without cause and without prior notice. Reasons for such termination may include, but are not limited to, your violation of these Terms of Service, engagement in illegal or unauthorized activities, or at Cloudy Clip's sole discretion for any business reason.
Upon termination, your right to access and use the Cloudy Clip application will immediately cease. Cloudy Clip may also, at its discretion, delete your account and any associated data, although we may retain certain information as required by law or for legitimate business purposes. It is your responsibility to ensure that you have backed up any important data you have stored within the application prior to any potential termination of your account.
Governing Law and Dispute Resolution
Governing Law. These Terms are governed by the laws of the State of Washington , U.S.A., without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Informal Resolution First. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at https://cloudyclip.com/contact-us with a brief description of the dispute. If we cannot resolve it within 30 days , either party may start arbitration as described below.
Agreement to Arbitrate (AAA) . Except for the matters expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement.
Arbitration Procedures. The arbitration will be conducted by a single arbitrator . The seat and venue of arbitration is Franklin County, Washington , and the language is English . At the consumer's option and consistent with AAA rules, the arbitration may proceed by telephone, video conference, document-only submission , or in-person hearing in Franklin County.
Fees and Costs. Cloudy Clip will pay all AAA administrative and arbitrator fees beyond any small consumer filing fee under the AAA rules. Each party is responsible for its own attorneys's fees and costs unless the arbitrator directs otherwise under applicable law.
Relief and Remedies. The arbitrator may award individual relief including damages and injunctive relief required for the individual claimant. The arbitrator has sole authority to decide issues regarding arbitrability, scope, or validity of this arbitration agreement, in accordance with the FAA.
Class-Action Waiver. All proceedings must be on an individual basis. Class actions, class arbitrations, consolidated arbitrations, and private attorney-general actions are prohibited . If disallowed, that claim must proceed in court rather than arbitration.
Small-Claims Carve-Out. Either party may pursue an individual claim in small-claims court in Franklin County, Washington instead of arbitration.
Injunctive/Emergency Relief. Either party may seek temporary or emergency injunctive relief in a court of competent jurisdiction in Franklin County, pending arbitration.
Severability & Survival. If any part of this arbitration agreement (excluding the class-action waiver) is found unenforceable, the rest remains operative. This arbitration section survives termination of these Terms.
Consumers in Certain Jurisdictions. Consumers in the EEA, UK, or other jurisdictions with mandatory consumer rights also retain non-waivable rights under their local laws and may choose local courts despite this arbitration clause.
Optional 30-Day Opt-Out. You may opt out of arbitration by contacting us within 30 days of your first acceptance of these Terms at https://cloudyclip.com/contact-us . Once opted out, only the Governing Law section applies; disputes will be handled in court.
Venue for Non-Arbitrable Claims. Any claims not subject to arbitration (or where the class-action waiver is invalid regarding a particular claim) will be resolved exclusively in the state or federal courts of Franklin County, Washington.
Modifications to the Terms of Service
Cloudy Clip reserves the unqualified right to update, modify, or revise these Terms of Service at any time without prior direct notification to users. Any changes to these terms will be effective immediately upon being posted within the Cloudy Clip application or on a designated website.
We may provide notice of significant changes to these Terms of Service through a general announcement within the application or via email to the address associated with your account. However, it remains your responsibility to periodically review these Terms of Service to stay informed of any updates. Your continued access to or use of the Cloudy Clip application after the posting of any modified Terms of Service constitutes your explicit acceptance of and agreement to be bound by the revised terms.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service or the Cloudy Clip application, please do not hesitate to contact us at https://cloudyclip.com/contact-us . We are committed to addressing your inquiries in a timely and appropriate manner.