CleanShot Cloud Terms of Service

General terms of service

Please read these Terms of Service carefully before using Services. “Services” are understood as any services provided by us, that is Make The Web Oślizło & Magiera s.c. address: ul. Wałowa 49, 44‐300 Wodzisław Śląski, NIP: 6472582030 (“MTW”), in particular Services involving provision of functionalities of the application CleanShot Cloud (“Application”), and other services stated further in these Terms of Service.

It is extremely important you understand your rights and responsibilities, so our cooperation goes smoothly and you are satisfied with our Services. You may use our services, if you satisfy the conditions referred to in these Terms of Service, in particular if you enjoy full capacity to perform acts in law, then you are “User”.

These Terms of Service should be interpreted and applied taking into account the paragraph “Consumers” below.

In our Services you can upload a screenshot / screen recording to your CleanShot Cloud account and generate publicly available link. You can share that link with your friends and make it available for them at any time with any device having access to the Internet.

We also provide newsletter service for Users. If you are interested in receiving it, you can subscribe to it. If you wish to unsubscribe just use the bottom link in the message you got or inform us at hello@cleanshot.com.

Acceptance of the Terms of Service is voluntary, but it is a prerequisite for accessing and usage of Services. You will also be asked to confirm your acceptance of these terms and conditions when setting up an account in our Application (“Account”). The following terms and conditions govern all use of the CleanShot Cloud application, including cln.sh website. By using any of CleanShot Cloud's Services, or accessing any of our websites you are agreeing to be bound by and comply with these Terms of Service.

Violation of any of the terms and conditions below will result in the termination of your Account and stopping rendering Services immediately.

While we prohibit certain actions and Content, you understand and agree that we cannot be responsible for the full Content provided on the Services to which may be exposed to such materials. You agree to use the CleanShot Cloud application, including the cln.sh website at your own risk.

You are prohibited from providing unlawful content. You are not allowed to use CleanShot Cloud to share and store Content which CleanShot Cloud deems prohibited, including, but not limited to: pornography, racist Content, offensive Content, Content to which you do not have rights.

Any comments, requests and complaints regarding the functioning of the Services provided by MTW should be reported to the email address hello@cleanshot.com.

Save for Consumers, MTW shall not be liable against users for any lost profit and damage resulting from unintentional fault.

Upon the final acceptance of these Terms, an agreement for the provision of electronic Services is concluded between MTW and the User for an indefinite period (hereinafter: the “Agreement”)

General requirements for user's account

To use CleanShot Cloud Services you must:

• be a natural person or legal person with full legal capacity;
• provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
• accept and respect Terms of service.

Your CleanShot Cloud Account can only be used by one individual. A single login shared by multiple users is not permitted unless agreed to upon with one of our representatives. You may create separate login Accounts for as many people as your plan allows for.

You are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify CleanShot Cloud of any unauthorized uses of your Account or any other breaches of security. CleanShot Cloud will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Technical requirements

To use the Services, a device connected to the Internet and equipped with an appropriate web browser, compliant with generally available technological standards for home and mobile devices, is required.

In order to avoid potential threats, the MTW advises all Users to provide electronic devices which are connected to the Internet with an antivirus program and to constantly update it.

In order to avoid potential threats, the MTW warns all Users against the potential threat related to the activity of the so-called hackers, aimed at breaking into both the User's system and the CleanShot Cloud's.

The data transmission costs required to download and use the website and Application are borne by the User himself.

The MTW is not responsible for any limitations or technical problems in systems used by Users' devices that prevent or limit Users from using the Services.

If you share comments on the CleanShot Cloud's website or social media profile, they may be deleted by CleanShot Cloud.

Payments

User may learn the amounts of fees for the Services (“Fees”) in the pricing available on the MTW website here: https://cleanshot.com/pricing (“Pricing”). The Pricing is not an integral part of the Agreement. The Pricing determines plans (“Plan”), which are understood as variants determining the objective scope of the Services and their duration, selected by the User from among the options offered by MTW.

Using the Services rendered by MTW is against payment to the extent determined by the Pricing as well as the objective scope of the Plan and Subscription Term chosen by the User. A Subscription Term, in turn, is understood as the period of Service provision whose length is determined by the Plan selected by the User and for which Fees are payable. A Subscription Term expires upon the end of the day which corresponds with its name or date to the commencement day of the Subscription Term, and if there is no such day in the following month – on the last day of the relevant month. A Subscription Term may cover monthly or annual periods.

The prices presented in the Pricing are net prices.

Fees are non-returnable, save for Consumers.

MTW may amend the terms and conditions prescribed by the Pricing, what does not constitute an amendment to the Agreement within the Subscription Term in which the Pricing is amended. In the case of failure to terminate the Agreement in connection with the expiration of the Subscription Term, a new Pricing becomes binding upon the User as at the commencement of the next Subscription Term.

Subscription Fees are paid in advance according to a schedule prescribed in the Plan, throughout the entire Agreement term.

Invoices are issued in electronic form and sent to the User to his/her e-mail address.

If the User fails to pay the Fee, upon the lapse of another payment date set in the payment reminder sent to the User’s e-mail address, MTW may block the Account with the possibility to re-activate it upon settlement of the amount due. If the User fails to settle the amounts due within another period set by MTW, MTW has the right to terminate the Agreement with immediate effect and to remove the Content immediately. If the User fails to settle the amounts due for second time (or more), MTW has the right to delete the Account without the right to claim reimbursement of the paid Fees. MTW is also entitled, in the event of non-payment, to downgrade the Plan to the charge-free version of the Services and to delete any files that take up storage beyond the storage provided for such Plan.

The User may upgrade the Plan at any time within the Subscription Term. Change of the Plan takes place by purchase of the relevant Plan, whereby the foregoing provisions are applied accordingly. The Plan will be changed immediately after the payment made by the User.

The Plan may be downgraded, in the case of an annual settlement term, only with the effect for the following annual Subscription Term.

Some of the plans are subject to recursive payments. For recurrent payments, fees will be charged monthly or annually. By providing your data relating to recurrent payments, you agree to collect this fee with the use of this payment data. If you do not want to pay this fee, you must cancel your Plan on the subscription page of your Account or delete your Account from the system before the end of the Subscription Term.

The scope of provided services depends on the selected Plan and is indicated at https://cleanshot.com/pricing. Before choosing any of the Plans (Cloud Basic, Cloud Pro or others), please see https://cleanshot.com/fair-use for information on the existing limitations of this Plan. Changing of those rules does not constitute a change to the Terms of Service. MTW ensures that the changes will not be aimed at limiting the services provided, but at enabling the proper operation of the Application and equal access to it by all Users.

Users' responsibility

This paragraph should be interpreted and applied taking into account the paragraph “Consumers” below.

Content is every electronic file or link that you upload and store on your CleanShot Cloud Account (“Content”). You are responsible for all Content uploaded into your Account.

It is forbidden for all Users to provide illegal Content and to use the Services in a manner that is against the law, decency, regulations or infringes the personal rights of third parties. You are entirely responsible for the Content and any harm resulting from that Content.

By making any content available, you declare and warrant that:

• the downloading, copying and use of any Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from employer to post or make available the Content, including but not limited to any software, or (ii) secured from employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and has done all things necessary to successfully pass through to end users any required terms;
• the Content does not link to, contain or install any viruses, worms, malware, trojan horses or other harmful or destructive Content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; user's Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

Without limiting any of those representations or warranties, MTW has the right (though not the obligation) to, in their sole discretion (i) refuse or remove any Content that, in MTW's reasonable opinion, violates any MTW policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in MTW's sole discretion and without prior warning or subsequent notification to the individual Account holder or entity, and MTW will have no obligation to provide a refund of any amounts previously paid.

The User must keep in mind that it is possible that a third person, in a manner beyond our control and arbitrarily, guesses the sequence of characters comprising the URL and thus becomes able to view what is stored under it. Mind this possibility and do not store any confidential information under the given URL.

Indemnification

This paragraph should be interpreted and applied taking into account the paragraph “Consumers” below.

You agree to indemnify and hold harmless MTW and it's provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Terms.

Cancellation and Termination

MTW may terminate User's access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this Agreement or your CleanShot Cloud Account (if you have one), you may simply discontinue using the Services and delete your Account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright and Content Ownership

As MTW asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to our Application violates your copyright, you are encouraged to notify MTW. MTW will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of the User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MTW or others, MTW may, in its discretion, terminate or deny access to and use of the Application. In the case of such termination, MTW will have no obligation to provide a refund of any amounts previously paid to MTW.

Downgrading your Service may cause the permanent loss access to your Content, features, or capacity of your Account.

The Services, including in particular software, graphic and functional layout, works, trademarks, logos, databases, texts, photos, graphics, sounds, IT programs and multimedia materials are subject to legal protection provided for in the applicable scope of the law.

All rights to the Services and all its elements are entitled to the MTW or third parties that we cooperate with.

The use of the Content provided in the Services does not mean that you acquire any intangible rights to the shared works or databases.

Disclaimer

This paragraph should be interpreted and applied taking into account the paragraph “Consumers” below.

The Services are provided "as is". MTW and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MTW nor its suppliers and licensors makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or Services through, the Application at your own discretion and risk.

MTW does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

In no event will MTW, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or Services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MTW under this agreement during the six (6) month period prior to the cause of action.

MTW shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Consumers

A “Consumer” means any natural person who in agreements acts for purposes other than connected with business, economic or craft activity or freelance profession.

We respect consumer rights. A Consumer may not waive the rights granted thereto by relevant legal acts. Any agreement provisions which are less favourable to a consumer than provisions in relevant legal acts protecting consumers shall be invalid, and the respective statutory provisions shall be used instead. That is why the provisions of these Terms of Service are not intended to exclude or limit any consumer rights granted thereto under unconditionally applicable legal provisions, any possible doubts should be clarified to the advantage of a consumer. In the case of any discrepancy between the provisions of these Terms of Service with the foregoing provisions, these provisions shall prevail and be applicable.

In particular, MTW shall not apply towards consumers the provisions of these Terms of Service which exclude or considerably limit the liability towards a consumer for non-performance or improper performance of our liabilities. In the case of consumers, we shall not make provision of Services dependant on circumstances under our sole control, we shall apply neither the right to binding interpretation of the Agreement and these Terms of Service nor other provisions which would grossly infringe consumer’s interest.

Personal data processing

At the time of accepting these Terms of Service, the user simultaneously accepts the Data Processing Addendum. This document is an integral part of these Terms of Service and can be found here.

Miscellaneous

Accepting this Terms of Service constitutes the entire agreement between MTW and you concerning the subject matter hereof.

If any part of this Terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

Modifications and amendments

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

MTW may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law or change of the organizational form of MTW) or technical (modernization of the Application or Services, change of the operation manner of the Application or Services).

The User will be notified on any amendment to the Terms of Service along with the reasons of such amendment via an e-mail 14 days before the new Terms of Service come into effect. During this time, the User should accept the new provisions of the Terms of Service or refuse to accept them and terminate the Agreement with immediate effect. For Users other than consumers, failure to terminate the Agreement upon that time shall be deemed acceptance of the amended Terms of Service without reservations.

Complaints

If you have any complaints or requests on our Services please contact us using email address: hello@cleanshot.com.

The complaint should contain the data necessary for its consideration, such as: User's contact details, the current version of the operating system installed on your device, as well as a detailed description and indication of the reason for the complaint.

MTW considers complaints within 14 days of receipt of the complaint.

In the event that the submitted complaint contains deficiencies that prevent its consideration, if it deems it necessary for the proper consideration of the complaint, we shall immediately contact you to supplement it, specifying the date, not shorter than 7 days and the scope of this supplement.

The consumer has the right to use extrajudicial means of dealing with complaints and redress. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organizations whose statutory tasks include consumer protection, voivodeship inspectorates of the Trade Inspection and at the following website http://ec.europa.eu/consumers/solving\_consumer\_disputes/non-judicial\_redress/national-out-of-court-bodies/index\_en.html.

At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of Services.

Any disputes arising between MTW and the User not being a Consumer are referred to the court with the local jurisdiction over the registered office of MTW.

Final Provisions

The User has no right to transfer the rights and obligations related to the performance of the Service, in whole or in part, to third parties without the prior written consent of the MTW otherwise null and void.

In matters not covered by these Regulations, the provisions of Polish law shall apply.

Any disputes arising in connection with or on the occasion of non-performance or improper performance of the Services, the parties undertake to settle by mutual negotiations, and in the event of failure to reach an agreement, these disputes will be submitted to the court competent for the seat of the MTW. The law applicable to the settlement of the dispute will be Polish law.