ISIZE Terms of Service

Posted: June 20, 2019

Effective: June 20, 2019

These terms of service (“Terms”) cover your use and access to our services, software-as-a-service and websites (“Services“). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your Data & Your Permissions

When you use our Services, you provide us with digital items, such as your files, contact information, media content such as video and audio streams, file metadata, etc. (“Your Data”). Your Data belongs to you. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.

By uploading or linking our Services to Your Data, you are giving us permission to host Your Data, back it up, and share it when you give us permission to. We retain Your Data for a limited amount of time, as described in our FAQ and our Pricing information. Our Services also provide you with features like image or video file previews, easy sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Data. By using our Services, you give us permission to do these actions, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Data

Our Services let you share Your Data with others, e.g., when you generate and share publicly-accessible http links to it, so please think carefully about what you share.

Your Responsibilities

You’re responsible for your conduct. Your Data and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

Help us keep you informed and Your Data protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.

Application Programming Interfaces and Software

Some of our Services allow you to download software or application programming interface components (API), collectively termed as “Software”, which we may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services are marked as: beta, preview, early access, or evaluation (or with words or phrases with similar meanings), and may not be as reliable as iSIZE’s other services, so please keep that in mind.

Our Data

The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, iSIZE or BitSave trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

By using our Services, you acknowledge your responsibilities in respecting the intellectual property of others. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

iSIZE Ltd
3 Falconet Court, 123 Wapping High Street,

London, United Kingdom, E1W 3NX

info@isize.co

Accounts

Billing. You can increase your usage of our Services by adding credit to your account (“Credit”). We shall automatically deduct from your Credit for the use of our Services according to our information in our pricing page (“Pricing”). You are responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

No Refunds. You may close your Account at any time. Refunds are only issued if required by law.

If Credit is not available for the services requested via your Account, we reserve the right to suspend your Account or reduce its functionality.

Changes. We may change the Pricing in effect but will give you advance notice of these changes via our pricing page. We recommend that you check the Pricing information often via that page to ensure you are fully-aware of Pricing.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you are in breach of these Terms,

(b) your use of the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you have not accessed our Services for 12 consecutive months

(d) your Account is in negative Credit for more than a period of 7 days.

We’ll provide you with reasonable advance notice via your Account (at least 7 days) to remedy the activity that prompted us to suspend or terminate your access to the Services and give you the opportunity to export Your Data from our Services, subject to your Account having sufficient Credit to do so. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we’re prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond iSIZE’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Data from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, iSIZE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some regions do not allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR iSIZE’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, iSIZE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

  1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
  2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT iSIZE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, iSIZE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. iSIZE AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO ANY AMOUNT YOU’VE PAID UNDER YOUR ACCOUNT WITH US.

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against iSIZE, you agree to try to resolve the dispute informally by contacting info@isize.co. We shall try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 90 days of submission, you or iSIZE may bring a formal proceeding.

You and ISIZE agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of the UK, subject to the mandatory arbitration provisions below. Both you and ISIZE consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

Controlling Law

These Terms will be governed by UK law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and ISIZE with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

ISIZE’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 Terms 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 under these Terms, and any such attempt will be void. ISIZE may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

We ask that you check this webpage periodically, to ensure you are fully aware of these Terms.

If you don’t agree to the updates we make, please delete your account. Where applicable, we shall offer you a refund based on the amount remaining in your account at the time of deletion and excluding any free credit provided in your account when it was set up. To receive the refund, before deciding to delete your account, you must contact us at info@isize.co. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

iSIZE Acceptable Use Policy

We trust you to use our services responsibly.

You agree not to misuse the iSIZE services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • 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 or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • 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;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved;
  • circumvent storage space limits;
  • sell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  • harass or abuse iSIZE personnel or representatives or agents performing services on behalf of iSIZE;
  • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.