THESE GENERAL TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND CLOUDINARY LTD FOR YOUR USE OF THE CLOUDINARY SERVICES. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE CLOUDINARY SERVICE.
By using the service provided on the cloudinary.com websites ("Service"), a service of Cloudinary Ltd. ("The Company"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Use of Your Cloudinary Account
- You must use a valid email address for your Service account.
- You must not use the Service for any illegal or abusive purposes.
- Only one free account per person or legal entity is allowed.
- You are solely responsible for the security of your account and keeping your password safe.
- The Service is free of charge in the Free plan.
- The Service is a pay-service for the Non-Free plans. When you enter a Non-Free plan you also agree to the additional terms for payment, billing and refund of the plan.
All content included on cloudinary.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of The Company and protected by Israel and international copyright laws. Reproduction of the content of cloudinary.com without the written permission of The Company is prohibited.
- The Cloudinary API is provided "as is" and "as available".
- The API is subject to change and may be modified from time to time.
Service Level Agreement (SLA)
"Uptime" is the percentage of time in a calendar month that the Cloudinary Management Console and Cloudinary API services are available for access, as measured by Cloudinary.
"Service Extension" means an extension of your Cloudinary plan as of the time of the outage.
We strive for a 100% Uptime. Should Uptime fall below 99.9% in a given calendar month, we will offer a Service Extension of 5 days.
Service Extension will not be awarded in the following circumstances:
- Circumstances beyond Cloudinary's reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services, or acts of God.
- Network issues outside the control of Cloudinary, including DNS and connectivity problems.
- Errors in the Cloudinary uptime measurement system.
- Acts or omissions by Cloudinary users.
- Accounts using our Free plan.
- Downtime that has been advised to you 72 hours in advance ("scheduled maintenance")
- Downtime resulting from individual periods of non-availability lasting less than ten minutes
- Suspension or termination of your right to use the Cloudinary service in accordance with the Terms of Service agreement.
To receive a Service Extension you must submit a request by sending an e-mail message to email@example.com within 10 days of becoming eligible to receive it. To be eligible, the request must include supporting documentation, such as log files showing the non-availability of the service.
This SLA is your sole and exclusive remedy for any failure by us to provide the Service.
Use of Customer's Name and Company Name
- The Company reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the cloudinary.com website and other communication with existing or potential Cloudinary customers. To decline The Company this right you need to email firstname.lastname@example.org stating that you do not wish to be used as a reference.
- Users or legal entities that use the service free of charge must publish the Cloudinary logo visible on the homepage of their website and in any other application using the Service.
Cloudinary reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan. Cloudinary is not obligated to provide refunds or credits for partial months or years of the Service, upgrades or downgrades, or unused time during your subscription.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
You retain full copyrights in any of your uploaded materials served through the Service. Depending on the features you select, the Service may modify the content of your uploaded materials. For example, the Service may join together several uploaded images into a single image of different dimensions.
Changes to Terms of Service
- These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://cloudinary.com/terms.
- The Service is provided "as is" and "as available".
- The Company reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
- The Company reserves the right to change the prices for the registration plans and any connected extra services by giving a 60 day notice.
- The Company gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
Limitation of Liability
- You expressly understand and agree that The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the Service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Service; or 5. any other matter relating to the Service.
- Any decisions or claims you make based on data from the Service are your sole responsibility. The Company shall not be held liable for any such decisions or claims.
- In no event shall The Company total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
- You agree to immediately notify The Company of any unauthorized use of your account or any other breach of security known to you.
- If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
- This contract shall be governed by the substantive law of Israel.
- Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Tel-Aviv in Israel.
Last updated: 12/2012