IDrive Service Agreement

IDrive Terms and Conditions of Service

Last Updated: [Current Date]

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and IDrive ("we," "us," "our," or "IDrive") governing your access to and use of IDrive's cloud storage, backup, and related services (collectively, the "Services").

By registering for an account, accessing our website, downloading our software, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Definitions

For purposes of these Terms:

• "Services" refers to IDrive's cloud storage, backup, synchronization, and related services.
• "Content" means any data, files, documents, images, or other materials you store, backup, or transmit using our Services.
• "Account" means your registered user account with IDrive.
• "Subscription" means the paid plan you select for accessing premium Services.
• "Software" means IDrive's applications, mobile apps, and desktop clients.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

3.2 Account Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent that you meet this age requirement.

4. Service Description and Limitations

4.1 Service Availability

We strive to maintain 99.9% service availability but do not guarantee uninterrupted access to our Services. We may perform maintenance, updates, or modifications that temporarily affect service availability.

4.2 Service Changes

IDrive reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4.3 Storage Limitations

Your storage capacity is determined by your subscription plan. We reserve the right to impose limits on file size, bandwidth, storage space, or other aspects of the Services.

5. User Responsibilities and Acceptable Use

5.1 Acceptable Content

You retain all rights to your Content. You are solely responsible for:

• The nature, quality, and accuracy of your Content
• Ensuring your Content does not violate any laws or third-party rights
• Maintaining appropriate backups of your Content

5.2 Prohibited Activities

You agree not to use the Services to:

• Store, transmit, or share illegal, harmful, or infringing content
• Violate any local, state, national, or international law or regulation
• Infringe upon intellectual property rights, privacy rights, or other rights
• Distribute viruses, malware, or other harmful code
• Engage in spamming, phishing, or other fraudulent activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Use the Services for high-risk activities where failure could lead to death, personal injury, or severe environmental damage

5.3 Compliance with Laws

You agree to comply with all applicable laws, including data protection, privacy, and export control laws.

6. Intellectual Property Rights

6.1 Your Content

You retain all intellectual property rights to your Content. By using our Services, you grant IDrive a limited, worldwide, non-exclusive license to store, transmit, and process your Content solely to provide the Services to you.

6.2 IDrive Property

All rights, title, and interest in the Services, Software, website, and related materials (excluding your Content) are owned by IDrive or our licensors. You may not copy, modify, distribute, sell, or lease any part of our Services or Software without our prior written consent.

7. Payment and Billing Terms

7.1 Subscription Fees

Access to premium Services requires payment of subscription fees. Fees are specified on our website and are subject to change with prior notice.

7.2 Billing Cycle

Subscriptions are billed in advance on a monthly, annual, or multi-year basis, as selected during purchase. Your subscription will automatically renew unless cancelled before the renewal date.

7.3 Taxes

All fees are exclusive of taxes, which will be added to your invoice where applicable by law.

7.4 Refunds

Refunds are governed by our Refund Policy. We do not provide prorated refunds for partial subscription periods.

8. Data Security and Privacy

8.1 Security Measures

We implement industry-standard security measures to protect your data. However, no security system is impenetrable, and we cannot guarantee absolute security.

8.2 Encryption

Data is encrypted during transmission and storage. You may choose private key encryption, which means only you can decrypt your data. If you lose your private key, we cannot recover your data.

8.3 Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to such processing.

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

9.2 Termination by IDrive

We may suspend or terminate your access to the Services immediately, without notice, if:

• You violate these Terms
• You fail to pay fees when due
• We discontinue the Services
• Required by law or government request

9.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• You must stop using the Software
• We may delete your Content after a reasonable period
• You remain liable for any fees incurred before termination

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, IDRIVE DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA OR CONTENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDRIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless IDrive, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your Content
• Your violation of any law or third-party rights

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiations. If unresolved, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association].

13.3 Class Action Waiver

You waive any right to participate in class actions or class arbitrations related to these Terms or the Services.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through our website. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and IDrive regarding the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any affiliate or successor.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us:

• Email: legal@idrive.com
• Address: [Company Legal Address]
• Phone: [Legal Department Contact]