This document sets forth the terms and conditions for undertaking all activities, services and transactions through the tools provided by the Service Provider within the FitMeCloud platform, hereinafter referred to as the “Service”.
The Service is available only to companies and organizations doing business in the European Union. Users’ use of the Service shall simultaneously constitute acceptance of the provisions set forth herein.
The Service is understood as a series of functionalities implemented through the platform belonging to the Service Provider consisting of providing the Client with the possibility of storing and sharing files between Users defined by the Client. The Service is implemented using software known as Owncloud, and distributed under the AGPLv3 license and in a manner that does not violate this license.
The company or organization represented by the Panel User.
The person acting on behalf of the Customer who has registered and manages Users, disk resources, shared directories, permissions and any other settings available in the Administration Panel.
A set of software available after logging in to the Fitmecloud website, allowing you to manage the Services.
The maximum allowable amount of space, specified in GB (gigabytes), that a customer can use within a Service. The amount of space is determined as part of the creation of the Service or its expansion, and is directly proportional to the maximum number of Users.
The maximum number of users that can use the Service.
A User is a person who has access to the cloud. Each user is defined using the Panel. Each user can connect to cloud resources via a web browser, Windows client, macOS, linux, Android.
Paid Period means the period for which the Panel User on behalf of the Customer has made full payment in accordance with the provisions of the Agreement, allowing the use of the Service during this period. This period shall commence from the date of payment or renewal of the Service, depending on receipt of payment, and shall continue for the period of time indicated at the time of order.
The state of the Service in which the functionalities of the Service are limited, in the context of the limit of Users, space and resources, and serves to demonstrate the technical capabilities of the Service. At the end of the demo period, the service will be removed along with all resources, or will be converted to a full-fledged commercial service, if the Panel User decides to pay for it
Agreement means an agreement concluded between the Service Provider and the Client, specifying the terms of use of the Service, including the rights and obligations of both Parties. The Agreement is entered into electronically by accepting the Terms and Conditions and is effective from the moment of commencement of the Order by Paying for the service and continues until terminated in accordance with the provisions of the Agreement.
The Service is built on OwnCloud software distributed under the AGPLv3 license. OwnCloud software is not modified in any way, and the Service is only a bridge between the Customer and its users. It facilitates access to most functions, takes away the Client’s need for administration, the need to configure and manage the software.
FitMeCloud software resides on servers rented from third-party services, which are listed in the Privacy Policy. The service selects servers automatically depending on where the Client’s Users connect from and the current capabilities of the platform. Servers can be changed according to the needs and reconfiguration of the service in a way that does not inconvenience the Client.
The service has a built-in automatic data backup mechanism. The system periodically backs up the entire cloud to another server to protect against data loss in case of physical damage to the disk or the entire server on which it resides. Backups consume a limit of data, so the customer has the right to disable automatic backup to increase its disk space. Note, however, that the only copy of the data will be the copy placed on the Customer’s devices, and restoration of the service after a disaster will be related to downloading the data from the Customer’s devices.
The Service is available to Users throughout the term of the Agreement. The exception will be the period when the Service is in Suspension mode for administrative purposes (backup, transfer of resources) or in case of potential failure. Administrative work will be carried out during hours that are not inconvenient for the customer.
The service has built-in mechanisms to limit the number of simultaneous connections and transfers in case unnatural traffic caused by connecting too many clients to one User account is detected. The mechanisms are designed to implement the principle of “Fair Play”, so that other users of the platform do not experience problems with the operation of the service in case of a nuisance of another of the Clients.
The service assumes that the number of simultaneously connected clients synchronizing data with the cloud does not exceed twice the User Limit. Connecting a larger number of users may be considered an attempt to violate the Terms of Service, and thus will result in termination of the Agreement by the Service Provider.
The service has built-in mechanisms to monitor disk space consumption. Consumed disk space consists of space associated with:
The system automatically limits the number of copies of modified files, as consumption increases. If more than 90% of the limit is consumed, the customer is warned by email.
In the case of consumption of 100% of the data, the service goes into Suspended state, and the customer can turn it back on for 24H to reduce the consumed resources, or can extend the Data Limit by making a payment.
Payments on the service are made electronically through the relevant payment service provider. All settlements are made in prepaid mode, i.e. Services are provided only after they are paid for by the Customer.
The Customer pays for the Service using one of the following modes:
The service allows you to flexibly change the limit of users and maximum storage space.
Invoices are generated automatically after payment of the Order within 24H after payment. The Customer is required to provide their billing information in order to be able to use the Services that the platform offers.
Invoices are available in the Administration Panel. When an invoice is issued, the system automatically sends a notification.
The customer has the right to cancel the service at any time and decide to remove his data from the cloud.
No payment for the service is equivalent to cancellation of the service.
Before the expiration of the paid period, the customer is informed of the need to extend the service in order to prolong its operation.
After the expiration of the paid period, the Service goes into a state of Suspension, and the Customer is informed about this fact.
If the service is not extended for another period, after one month of suspension, the service is irreversibly removed from the service.
All legal conflicts related according to the contract will be interpreted in accordance with the laws of Poland, where the Service Provider is located
Except for breach of confidentiality, in no event shall either party be liable to the other for damages other than direct damages, including but not limited to: any incidental, consequential, special, indirect, exemplary or punitive damages, whether arising in tort, contract or otherwise, or any damages arising out of or in connection with any failure, non-compliance, delays, loss of data, lost profits, lost savings, interruption of services, loss of business or anticipated profits, even if a party has been advised of the possibility of such damages. Liability for such damages will be limited and excluded, even if any exclusive remedy provided for in this Agreement fails of its primary purpose.
In no event shall Service Provider be liable for any loss of data by Customer or its users. The customer shall be fully responsible for data backup. At the same time, the Service Provider shall make every effort to ensure that the operation of the service is trouble-free and secure, and shall provide solutions to protect the Client from data loss.
With the exception of breach of confidentiality, with respect to all events and circumstances, the aggregate and cumulative liability of each party arising out of or related to these Terms and Conditions and the Agreement between the Client and the Service Provider for performance or non-performance of obligations, regardless of the form of the cause of action, whether based on contract, tort (including, without limitation, negligence), or otherwise, shall be limited to direct damages and shall not exceed the amounts received by the Service Provider from the Client during the 12 months immediately preceding the first event giving rise to liability, with respect to the specific items (software, services or otherwise) giving rise to liability.
The Service Provider reserves the right to change the regulations. In the event of such a change, the Client will be informed 30 days before the new version of the regulations becomes effective by means of information contained in an e-mail.
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