Effective Date: application release date
Welcome to use EverSave online disk service (hereinafter referred to as"This service") . This service is provided by the EVERSAVE operator ("We") to provide secure and efficient file storage, synchronization and sharing services for users worldwide. This"EVERSAVE network disk user terms of service"(hereinafter referred to as"The terms") is between you and US on the use of this service entered into a legally binding agreement. Before you register or use this service, please read and fully understand all of the terms and conditions, especially those that exempt or limit our liability and your rights. By registering an account, clicking"Agree" or actually using the service, you fully understand and agree to be bound by these terms. If you are a minor, you should read the terms and conditions with your legal guardian and use the service with his/her express consent.
1. Recognition and acceptance of services
1.1 scope of services
This service covers the core functions provided by EverSave, including but not limited to file upload, cloud storage, cross-device synchronization, file sharing, account management, etc. , specific services to EverSave official website and client real-time display shall prevail. We have the right to upgrade, optimize or adjust the service function, content or form according to the technical development, market demand and the requirements of laws and regulations.
Prerequisites for the use of services
You confirm that you have the legal capacity and civil capacity to bear the legal liabilities arising from the use of this service. If you use this service on behalf of an entity such as a business, organization, etc. , you should ensure that you have the legal authorization of that entity and that your actions will be considered actions of that entity.
2. Account Registration and Management
2.1 account registration requirements
You need to submit your true, accurate and complete registration information (including, but not limited to, your email address) and set up a secure account password through the registration channels provided by EVERSAVE. When registration information changes, you should update the account settings to ensure the validity of the information.
2.1.1 specification of names of Accounts
Registration account, you set the account name, nickname and other identification information must not contain the following: (1) violations of laws and regulations and public order and good customs content; (2) content that infringes on the legitimate rights and interests of third parties, such as trademark rights, copyright, portrait rights, and reputation rights; (4) content that imitates a national institution, celebrity or our official logo; (5) content that is likely to cause misunderstanding or interfere with the normal operation of the service. If you set the identity information in violation of the above provisions, we have the right to modify or cancel the account without notice.
2.1.2 third-party login instructions
You can choose to log in to this service through an account association with a third-party platform such as Google or Apple. In this case, you authorize us to obtain the account identification information (such as username, email, etc.) that the third-party platform is allowed to provide in accordance with its terms of service and privacy policy for login and account binding purposes. You should ensure that the use of third-party accounts in accordance with the relevant provisions of the platform, if the third-party account is restricted, frozen or canceled, you will not be able to log on to the normal use of this service, the resulting loss is at your own risk.
2.2 rules for account usage
2.2.1 attribution of the right to use the account
Upon completion of the account registration, you will be granted a limited right to use the account, which belongs only to the initial registrant, it may not be transferred to any third party by gift, loan, lease, transfer, sale or sharing. We prohibit any form of account transaction and have the right to freeze or withdraw the account without notice if we find that the account user is not the original registrant, the resulting account data loss, service interruption and other losses, by your own.
2.2.2 account security responsibilities
You should take full responsibility for the security of your account password and account-related authentication information (e. g. e-mail verification code-RRB- , keep your account information safe, and avoid disclosing it to any third party. You are responsible for all the consequences caused by the disclosure, embezzlement or illegal use of your account password. You should inform US immediately through official channels and take security measures such as changing the password when you find the account has abnormal login, use behavior or security risk.
2.3 freezing and cancellation of Accounts
2.3.1 freezing of Accounts
We have the right to block your account or limit some/all of our services without notice if: (1) the registration information you provide is false, inaccurate or incomplete, (2) the use of the service in contravention of this provision has not been corrected within a reasonable period of time upon our notice, (3) as required by law, judiciary or administrative authority; (4) necessary to protect the legitimate rights and interests of users or to maintain the normal operation of this service.
2.3.2 rules for the closure of Accounts
You can submit an account cancellation request through the EVERSAVE client or the"Account setup" channel on the website. We will provide you with a 15-day cooling-off period after the application is submitted, during which you can cancel the application. At the end of the cooling-off period and after approval, the account will be officially cancelled, and all data in the account (including stored files, account information, etc.) will be permanently deleted and can not be restored. After the account is cancelled, the service relationship agreed in this clause is terminated, but your legal liabilities arising during the use of this service shall not be affected.
3. Service Usage Specification
3.1 obligation of lawful use
You undertake to use this service in strict compliance with the General Data Protection Regulations (GDPR) , the California Consumer Privacy Act (CCPA) and other relevant laws and regulations of the world and your region, do not use this service to engage in any activities that violate laws and regulations or violate public order and good customs.
List of Prohibited Acts
When using this service, the following actions are strictly prohibited: (1) upload, store, transmit or share files containing reactionary, violent, pornographic, terrorist, discriminatory, libelous, insulting and other illegal or undesirable content; (2) uploading, storing or disseminating documents that infringe third parties' legitimate rights and interests in intellectual property (including copyrights, trademarks, patents, etc.) , portrait rights, reputation rights, trade secrets, etc. ; Upload, store or disseminate files containing computer virus, Trojans, malicious programs, etc. , or perform any act that interferes with or disrupts the normal operation of this service; (4) unauthorized access or attempted access to our servers, databases, or other user accounts and data; (5) use of this service beyond the agreed scope of this service, (6) using this service to engage in money laundering, fraud, dissemination of false information and other illegal and criminal activities; (7) any other act in violation of laws and regulations, this clause or damage to the legitimate rights and interests of US and third parties.
3.1.2 liability for content
You acknowledge and agree that you have the legal right to own or use all files and content (hereinafter referred to as"User content") uploaded, stored and shared through this service, and such user content does not violate any laws and regulations and the provisions of this agreement. You are solely responsible for any disputes, claims, or lawsuits arising from the illegality, infringement, or violation of these terms and conditions of the user's content, if you have caused us any loss (including but not limited to damages, legal fees, attorney's fees, etc.) , you should compensate us in full.
3.2 storage and bandwidth usage limits
3.2.1 storage capacity rules
We will provide you with the corresponding cloud storage capacity according to the service package you choose. The specific capacity standard is based on the EverSave official website and client display. The storage capacity of the free package may have a validity period or use limitation. We have the right to adjust the free capacity standard according to the operation of the service. If your files exceed the limit of your current package, we have the right to suspend your file upload function or temporarily archive the excess files, you need to upgrade the package or delete some files to resume normal use.
3.2.2 bandwidth usage specification
In order to protect the service experience of all users, we have the right to reasonably regulate the file upload, download speed and bandwidth use of this service. If you have an unusually large amount of bandwidth consumption in a short period of time (such as frequent batch uploads/downloads of very large files) , we have the right to temporarily limit your bandwidth usage or require you to adjust the way you use it, services can be suspended if necessary.
4. Intellectual Property Declarations
4.1 our intellectual property
All content of this service, including but not limited to software programs, interface design, trademarks, logos, captions, graphic materials, technical solutions, etc. , the intellectual property rights are owned by US or related rights holders. Without our written permission or the relevant rights holders, you may not copy, modify, translate, decompiler, decompiler, reverse engineering, and other means of infringement of intellectual property rights.
4.1.1 scope of permitted use
We grant you a non-exclusive, non-transferable, restricted license to use this service, subject to the terms and conditions of this agreement, install and run client software for this service on your terminal device. The license is for personal or legally authorized commercial use only and may not be used for any other purpose.
4.2 intellectual property rights of user content
You have full intellectual property rights over user content uploaded to this service (unless third party rights are involved) . You agree to grant us a global, non-exclusive, free license to store, transfer, back up, and convert user content for the purposes necessary to provide this service. This license expires automatically when you log off your account or delete the user's content, unless you have made a reasonable backup as agreed in this clause.
4.2.1 handling of intellectual property complaints
If a third party believes that the user content you upload violates their intellectual property rights, they may file a notice of complaint with us through the contact information specified in clause 10 of this clause and provide relevant proof of rights. Upon receipt of a valid complaint, we will, in accordance with relevant laws, regulations and industry practices, take measures including but not limited to the suspension of access to relevant content, notice you to respond and so on. If you feel that the complaint is not true, you can submit a counter-notification and relevant supporting documents, we will deal with the dispute according to the situation.
Changes, interruptions and terminations of services
5.1 service changes
We have the right to change the function, content and charge standard of this service according to the business development. If the changes have a significant impact on your core interests, we will notify you 30 days in advance through account binding email, client notification, etc. . If you do not agree with the changes, if you continue to use this service, you will be deemed to have agreed to accept the changes.
5.11 special note on free services
For services provided free of charge, we have the right to adjust the service function, limit the duration of use or terminate the service at any time without prior notice, and shall not be liable for any compensation, however, we will try our best to publicize the relevant adjustments to our users in a reasonable way.
5.2 interruption of services
We are not responsible for the following circumstances: (1) server system upgrade, maintenance, repair and other planned operations, we will announce the operation time and the expected interruption time through the official website or client in advance. (2) earthquake, Typhoon, flood, fire and other force majeure factors; (3) technical failures beyond our control, such as hacking attacks, network congestion, and service failures of telecommunications operators. (4) unavailability of services due to your own equipment failure, network problems, or improper operation.
Emergency Interruptions
In order to protect the rights and interests of users, maintain service order or respond to unexpected security incidents, we have the right to interrupt some or all of the services without prior notice, and resume services in a timely manner after the risk is eliminated, and explain the situation to the user.
5.3 termination of service
We have the right to terminate the service relationship and stop providing this service to you in the following cases: (1) you violate this agreement and fail to correct within the stipulated period after our notice; (2) your account has been suspended for more than 90 days and the related issues have not been resolved. (3) your account has not been logged in or used for 24 months and we still have not received any response after notification via registered email (4) in accordance with the requirements of laws and regulations, judiciary or administrative authorities, (5) if we cease to operate this service, we will make an announcement 60 days in advance through official websites, clients and other channels.
Data processing after termination of service
Upon termination, we will process your account data and user content in accordance with this agreement and relevant laws and regulations. In case of service termination due to your violation of this clause, we have the right to retain relevant data to hold you accountable; in case of normal service termination, we will provide you with reasonable time to download or migrate data, we will delete or anonymize the data if it is out of date.
6. Third-party services and links
6.1 Third-party service integration
This service may integrate with software, sdks or services provided by third parties (e.g. payment processing services, data analysis tools, etc.) . The use of such third party services will be subject to the third party terms of service and privacy policy. We integrate these services for convenience only. We assume no responsibility for the security, reliability or legality of third-party services. You are responsible for assessing the risks of third-party services and complying with their requirements.
Definition of third-party liability
If the third party service has defects, malfunctions or the third party violates the relevant regulations and causes you to suffer losses, you should directly negotiate with the third party. We do not assume any liability for compensation. If you believe that a third party service violates your legal rights and interests, you may notify us in the manner specified in Article 10 of this clause, and we will assist you in communicating with or terminating your cooperation with the third party, as appropriate.
6.2 third-party link tips
This service may contain links to third-party websites or resources. We provide such links only for your convenience and are not responsible for the content, authenticity or legality of such third-party websites or resources, nor does it imply our approval of such websites or resources. When you visit a third-party link, you should comply with the relevant rules of the third party, and bear the corresponding risk.
7. Limitation and exemption of liability
7.1 scope of limitation of liability
To the extent permitted by law, we make no warranties, express or implied, including but not limited to the availability, stability, safety, accuracy or suitability of the service. We are not liable for any direct, indirect, incidental, special or punitive damages arising out of our use or inability to use this service, such losses include, but are not limited to, loss of profits, loss of data, disruption of business, etc. , even if we have been advised that such losses may occur.
Statement of responsibility for fee-for-service
For paid services, we will provide the service in accordance with the terms and conditions of the package, but do not guarantee that the service is flawless or uninterrupted. If the paying customer suffers direct loss as a result of our wilful or gross negligence, our liability shall not exceed the total amount actually paid by you for the paid service.
7.2 exemptions
We are not responsible for any loss caused by (1) force majeure failure or deterioration of service quality; (2) the loss caused by your own reasons (such as equipment failure, network problems, operational errors, account password leakage, etc.) ; (3) losses due to third-party actions (e.g. hacking attacks, third-party service failures, intellectual property infringement complaints, etc.) , (5) interruption of services or processing of data resulting from relevant measures taken in accordance with laws, regulations or judiciary, or at the request of administrative authorities.
8. Minor use clause
8.1 restrictions on the use of minors
Minors under the age of 13(hereinafter referred to as"Minors") may not register to use this service on their own. They must, with the consent and guidance of their legal guardians, the Guardian shall be responsible for all the responsibilities arising from the use of this service by minors.
8.11 responsibilities and rights of Guardians
The Guardian shall monitor the use of this service by minors and ensure that they comply with this article and relevant laws and regulations and do not upload, store or share content that is illegal, inappropriate or inappropriate for minors. If a guardian discovers that a minor is using this service without permission or is making improper use of it, he or she may contact us through the contact information specified in Article 10 of this clause. After submitting proof of guardianship, we will assist with account freezes, cancellations or content deletions.
Measures for the protection of Minors
We do not send commercial advertisements or marketing messages to minors, nor do we collect personal information from minors for commercial purposes. If a minor uploads content that violates this agreement, we have the right to immediately remove the content and notify the guardian or take measures to restrict the account function.
9. Variation and interpretation of provisions
9.1 rules of variation
We have the right to amend or update this clause according to the amendment of laws and regulations, service Operation Requirements or technology development. The revised terms and conditions will be posted on Eversave.com and on the client side. If any changes to the core terms and conditions are involved, we will send you a notice via the account binding email address. If you continue to use this service after notice or notice of change, you will be deemed to have agreed to the terms. If you do not agree to the terms, you should immediately stop using this service and cancel your account.
9.1.1 historical version
You may refer to the"Legal terms" section of Eversave.com for historical versions and changes to the terms and conditions.
9.2 right of interpretation
The laws of the country where the main operation of the service is located (excluding conflict of laws rules) shall apply to the establishment, entry into force, performance, interpretation and settlement of disputes of this clause. If any provision of these articles is held by a competent court to be invalid, unlawful or unenforceable, that provision shall be deemed strikeable from these articles, the validity, legality and enforceability of the remaining terms shall not be affected.
10. Contact Information and dispute resolution
10.1 channels of communication and complaints
If you have any questions, comments, or complaints about the use of this service, or need to submit an account question, intellectual property complaint, etc. , please contact us at: NathalieSnydervpl@outlook.com.
10.1.1 response time commitment
We will provide an initial response within 5 working days of receipt of your email. For complex issues (such as intellectual property disputes, account disputes, etc.) , a detailed treatment plan or progress statement will be given within 10 working days.
10.2 means of dispute settlement
Due to the performance of this clause or any dispute related to this service, both parties shall first resolve it through friendly negotiation. If the negotiation fails, either party shall have the right to sue in the court of the main operating place of the service.