What is What?
1. Kiliaro AB provides a Cloud Hosting Service, mainly in its first layer referred to as “Infrastructure as a Service”. The users manage and maintain the data, while Kiliaro AB rents out the computing resources to do so. Since there is software involved to manage the data it might also be considered a “Software as a Service”. The purpose of this service is to provide cloud hosting for content to businesses and consumers.
2. These terms of service constitutes a binding legal agreement between you as a user and us as a provider and governs your use of the services that Kiliaro AB provides to you, for storing and accessing your videos, photos, other image files and content on your personal account. Your use of the services that we provide means that you accept these terms in its entirety. The ”Agreement” means the complete and entire understanding between the parties, exclusively represented by the totality of the following documents.
3. The term ”Agreement” does not mean and/or shall not refer to any statement, supposition or understanding not recorded in writing in such document.
4. This agreement covers all types of uses of our services by any legal entity, physical or legal person, worldwide. Everyone and everywhere.
Type of Service
5. Our service is a cloud storage service and comes in two versions depending on where you use it. The app solution for mobile is governed by a license and the desktop platform is governed by a subscription scheme, simply based on how the usage is constituted. Both types of usage are covered by those terms and conditions in this agreement that also constitute the End-User License Agreement.
End-User License Agreement
6. When software needs to be installed locally on your smartphone, tablet laptop or computer the usage is governed by this End-User License Agreement. By using the application you are in addition to the rest of this agreement bound by the following limitations;
7. Here is the deal. We want nothing that is yours, apart from the fee that you pay us. But we need to deal with the law on its terms, so here goes. You retain full ownership to your photos, videos and other files that you upload on our storage service. By submitting, uploading, posting or displaying content on or through our services, you grant us a non-exclusive, royalty free license to transmit, display and distribute that content as we need to, in order to provide our services to you. (We are sorry about the firm lingo, but those are the words we need to use to get universally understood in what we are trying to do and keep it right.)
Content and Subject Matters
8. Regarding the stuff you want us to handle for you. There are some rules. We want to keep things clean so here are our requirements. You must not store, publish or share any inappropriate, defamatory, infringing, obscene, pornographic, abusive, racist, terrorist, politically slanted, indecent or unlawful files via our service. What is out of line is up to us. We also need to keep ourselves out of trouble by establishing that you do not have the right to pursue any activities that under any law or contract anywhere might be deemed unlawful, make any form of advertising, solicitations for business of promotional materials or ”spam”. You must not infringe any sort of intellectual property rights, patent, trademark, trade secret copyright or any proprietary rights of any party (including privacy rights). Neither party shall take any action or intentionally omit to take any action that would jeopardize, limit or interfere in any manner with the other party´s products services, documentation or intellectual property. We can promise you that we will not use your content to match any commercial activities and direct them to you. However, we will check in on what is hosted at our place and if necessary we will take appropriate action against any wrongdoings. That will, for example, mean that we will take down content that constitute a breach of this agreement.
8.1. We know that the services we provide can be used in many different ways and we would like to keep it clean on our part. We hope that you as a user will share and honor this vision. As you probably have seen on TV regarding warrants to search properties, also we are obliged to open any account to an authorized third party if we asses that it is necessary for us in order to follow applicable laws, legal or administrative procedures or request from authorities. We can also do it if we feel that is inecessary in order to prevent serious physical harm or death. The same goes for circumstances where we need to avoid fraud or wrongful use of the service in order to protect ourselves and our customers, where we need to protect our rights, interest, security or property or execute something that is in the public interest. We can not be made responsible for the material that is shared through our services.
9. We do not want you to publish share or otherwise disseminate anything containing software viruses or any other computer code, files or programs designed or having the effect to interrupt destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data, either ours, or of any users or viewers of the site, or anything that compromises any user’s privacy. Content of that nature will be taken down and we will act as we might be forced to do under law or other reason.
10. We know that the content you offer us to store for you is precious and it is of great importance to us. But, this service in all its components is provided ”as is” and any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Kiliaro AB be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of this service, even if advised of the possibility of such damage. Under no circumstances will we be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including without limitation any damages, costs or errors that result from your use of or your inability to use the services, including loss of or corruption of data files. Kiliaro AB makes absolutely no warranties and accepts no liabilities whatsoever, expressed or implied.
11. We want to be good to each other. You have the right to stop using our service at any time. There are a number of ways to cancel your subscription. For your own safety and integrity we would prefer you to cancel your subscription through your own user account on the web or in the app. That way we know that we are deleting your account because you and no one else are giving us permission to do so. If, for any reason, that is not an option for you, contact us at email@example.com and we will take it from there and verify that you are you by other means, to honour your safety and integrity.
We reserve the right to terminate your ability to access our services. This may be due to breach in terms of service, legal or regulatory requests, discontinuance or major modification to the services or unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice to help you secure your data, however in some cases the termination may not include removal of the materials uploaded by you.
12. We may alter, suspend or discontinue our services at any time and for any reason, but will endeavor to provide advance notice. Our services may be un-available from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the website without notice.
13. We endeavor to store safely and use secure connections when transmitting sensitive information, including your data. However, you are responsible for safeguarding your password that you use to access the service and you are responsible for any activities or actions under your password. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We will neither accept any liabilities for breaches, hacking or any other way that the data security is breached or compromised. We are to our best knowledge and effort in compliance with the General Data Protection Regulation (EU 2016/679) and will act accordingly.
Altering the Terms
14. We reserve the right to modify these terms from time to time and will always post the most current version on our website.
15. Kiliaro AB warrants that the service at any time will perform substantially, or in all material respects to standard, as long as the performance is within the control of the provider. Our services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the website without notice.
16. The service provided is billed in advance for periods of 30 days or one (1) year. Billing is based on time periods and not usage and we are not able to offer any refunds for unused portions of the service.
Length of term
17. The following terms shall apply for this agreement.
a. Contract start date
This agreement enters into force in the same moment as the user account is registered, processed and ready to use.
b. Contract end date
This agreement is no longer in force at the same moment as the user account is cancelled, apart from any outstanding claims or extraordinary circumstances in its relevant parts.
c. Renewal date
This agreement is automatically renewed if not cancelled by the user three days prior to renewal date.
18. Let us not make it happen, but if it does and we are unable to find a solution through an out-of-Court dispute settlement; This agreement will be governed by Swedish law and any court proceedings shall take place in Stockholm, Sweden under Swedish law.