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Terms of Use for Jotta

October 21st, 2009

1. GENERAL

Jotta AS ("Jotta") offers an online backup service ("Service") that lets you transfer digital files to secure servers, and gives you access to those files over the Internet.

Jotta is offered as a free service ("Free Service" or "Free Account") and as a paid service ("Paid Service" or "Paid Account"). This agreement (the "Agreement") is a legal agreement between you (the "Customer") and Jotta.

References to “we,” “our” and “us” refer to Jotta, while “you”, “your” and "user" refer to the Customer.

BY USING THE SERVICE, ALL USERS AND CUSTOMERS AGREE TO THE TERMS OF THIS AGREEMENT.

2. USER ACCOUNTS, PASSWORDS AND SECURITY

You must be a registered user to access the Service. The Service is only available for personal use, and thus only individuals can sign up for a user account. The Customer may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.

An individual Customer can only sign up for one user account on the Service.

The Customer is responsible for keeping passwords secure. The customer is solely responsible and liable for any activity that occurs under his/her user name. If the Customer lose his/her password for the Customer's account, the Customer may not be able to access his/her data.

The Customers user name and password is personal and cannot be shared with any third party. If Customers become aware of any misuse of their account they should notify Jotta immediately.

You acknowledge and agree that Jotta may occasionally send you administrative communications regarding your account or the Service via email.

3. FREE SERVICE

Jotta Free is a free service that lets you use the Service for as long you want without paying for the Service, but with a limitation in storage capacity. Jotta reserves the right to apply other limitations on the Free Service.

Jotta reserves the right to display paid ads on the Free Service.

4. PAID SERVICE

Jotta's paid services, Jotta 10 GB and Jotta Unlimited are Paid Subscriptions that shall automatically renew for an additional subscription period unless the Customer cancel the Paid Subscription or downgrade to a Free Account. The Customers credit card will be charged when a running subscription is renewed.

The Customer can choose to buy a monthly or yearly subscription plan. All payments are non-refundable.

The Customer can upgrade his account at any time. The new subscription will immediately be made available after successful payment.

5. DOWNGRADE AND TERMINATION

The Customer can at any time Downgrade from a Paid Account to a Free Account. If the Customer downgrades the account less than 10 days before the Subscription automatically renews, the Customer will be charged for the full amount for the next Subscription Period. Downgrade can be done on the "My Account" page of the Service.

Downgrading the account means changing from a Paid Account to a Free Account. When the Customer downgrades his account Jotta will delete all the files uploaded to the Service.

The Customer can at any time Delete or Terminate the user account. This can be done on the "My Account" page. Jotta will not reimburse any outstanding amount or credit if a user account is deleted before the Subscription Period ends.

Jotta reserves the right to store Customer data for up to 90 days after the Customer account has been Terminated.

Jotta has the right to Terminate the Customers user account if the Customer acts in a manner that is not compliant with this Agreement, or if the Customer has failed to pay fees or other sums owed to the Jotta.

6. AGE LIMIT

The age limit for using the Service is 13 years. We will delete any information including user account and data if we learn that the Customer is under 13.

7. CHANGES IN PERSONAL INFORMATION

The Customer shall notify Jotta about changes such as email address, credit card information and other matters of importance immediately by changing the account settings under the My Account page. The Customer is solely responsible for any costs that may occur from failure to update Customer information or by providing incorrect information.

8. CONSENT TO COLLECT NON-PERSONAL INFORMATION

The Software and Service may collect certain non-personally identifiable information that resides on your computer. This includes, without limitation, statistics and performance metrics related to the software. This information will be sent to Jotta and may be used by Jotta without restriction.

Read more about our Privacy Policy.

9. LICENSE TO USE THE SERVICE AND SOFTWARE

Jotta provides the Customer the right to utilize the software. That right may not be used for purposes other than those envisioned by this Service. Jotta grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the Software only for the purpose of using the Service. Certain third party code may be provided with the Software. The third-party code are governed by accompanying third-party licenses.

The Software and its structure, organization, source code and documentation contain trade secrets of Jotta. Jotta is the sole owner of the software utilized to provide the service and all the related documentation.

The Service allows the Customer to share, send and exchange digital content with other people. The Customer must have all necessary rights to distribute this digital content. By using the Service the you acknowledge that Jotta has no control over any digital content sent through or used with the Service and Jotta can therefore not be held responsible. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to distribute this content.

Jotta reserves the right in its sole discretion to remove content or take any action it deems necessary relating to content that it consider obscene, harassing, racist, malicious, fraudulent or libelous, or violate or infringe the rights of third parties, or in other ways are in violation with Norwegian laws.

10. BONUS STORAGE

You can earn extra free storage ("Bonus Storage") on your account by referring friends and family to the Service. Bonus Storage is free storage that is added to you storage capacity ("Capacity") on Free Accounts and Paid Accounts.

Referring can be done on the "Invite" page of the Service. You will only qualify for Bonus Storage if the person you invite ("Friend") accept Your invitation. This can only be done if the Friend clicks your special referral link when signing up for a user account on the Service. If the Friend use the referral link from another Customer or if he signs up without using a referral link you will not qualify for Bonus Storage even if you have sent an invitation to this person.

You will receive 512 MB Bonus Storage for each Friend that accepts your invitation. Each Customer can receive maximum 3 GB Bonus Storage.

An invitation is considered accepted when your Friend sign up using your referral link, install the Software and back up minimum 1 file. If your Friend does not maintain a Customer account for at least 6 (six) months following the creating of the Friend's account then any Bonus Storage earned from this referral will be withdrawn.

Bonus Storage many not be redeemed for cash or other products or transferred to other user accounts.

Jotta reserves the right to cancel or modify the terms of Bonus Storage and withdraw any Bonus Storage given to Customers for any reason at any time in its sole discretion.

11. MINIMUM TECHNICAL REQUIREMENTS

The Service and Software requires the following minimum requirements:

  • Processor: Intel Pentium 4 or better.
  • Operating System: Windows 2000, Windows XP or Windows Vista with latest Microsoft updates.
  • Memory: 256 MB minimum (512 MB recommended)
  • Web Browser: Internet Explorer (version 6 or later), Mozilla Firefox (version 2.0 or later), Safari (version 3 or later), Google Chrome (version 1 or later) and Opera (version 9 or later).
  • Internet Connection: Broadband (DSL, Cable etc.).

12. ACCEPTABLE USE AND CONDUCT

The user account is personal and is only for your individual use. You may not resell accounts or any account features.

The Customer cannot share user name and password with third party and must store this in a safe manner.

Storage of content that violates privacy or copyright laws violates this Agreement. Jotta assumes no responsibility for what Customers saves and publishes on the Service.

Jotta reserves the right to inspect a user account if we suspect that the terms of this Agreement are being violated.

All unauthorized use of the Service and Jotta's servers is a violation of this Agreement and will be reported to the proper authorities.

Jotta reserves the right to block access and use of the Service and / or Terminate the Customer account and content if the Customer in Jotta's sole discretion violates the following conditions:

  • The Customer shall not attempt to harm or harass others, or participate in such activity.
  • The Customer shall not prevent other users from using the Service.
  • The Customer shall not pretend to be someone else.
  • The Customer shall not try to access other peoples user account.
  • The Customer shall not try to access other peoples content unless they explicitly want to.
  • The Customer shall not directly or indirectly use the Service to send advertising or inappropriate content.
  • The Customer shall not use the Service to harass, defraud, pursue, surveil or threat other people.
  • The Customer shall not use the Service to gather information such as other peoples email addresses.

13. LIMITATION OF LIABILITY AND DISCALIMER OF WARRANTIES

UNDER NO CIRCUMSTANCES SHALLL JOTTA OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE SERVICES EVEN IF JOTTA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF JOTTA, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO JOTTA OVER THE LAST TWELVE (12) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN JOTTA AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

You agree to indemnify, defend and hold Jotta and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs.

THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

The customer is solely responsible for the data stored and its content. Jotta is not responsible for any illegal data or data that was acquired in an illegal manner. Any illegal data which may be identified by delegated judicial supervisory authorities shall be removed from Jotta's servers.

All complaints must be presented to Jotta in due time.

14. CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Jotta reserves the right to modify the terms and conditions of the Agreement and the Service upon renewal of the Agreement. Jotta also reserves the right to cancel, modify, suspend or terminate the service, fully or on in part, after having notified the Customer via email at least 60 (sixty) days preceding the cancellation of Service. Jotta will post significant changes to this Agreement on our website.

Jotta reserves the right to change the prices of running subscriptions. The new prices will be notified to the Customer via email. Changes will take effect 30 (thirty) days after notification.

15. RIGHT TO CANCEL

In compliance with current law, the Customer has a period of 14 (fourteen) days after purchasing the Service to exercise the right to cancel without any penalty and without explanation.

16. MISCELLANEOUS

Jotta reserves the right to transfer this agreement to a third party. Jotta will give Customers notification of such change. The Customer will be notified 3 (three) days in advance via email.

17. LEGAL JURISDICTION

This Agreement is governed by and construed in accordance with the laws of Norway. For any legal questions, jurisdiction falls to the Court of Oslo, Norway.

18. CUSTOMER SERVICE

For questions about the service, please contact customer service via email on support@jotta.no. Jotta will try to answer all requests within a reasonable time frame.

19. CONTACT INFORMATION

Email: support@jotta.no

Address:
Jotta AS
Øvre Slottsgate 5
0157 Oslo
Norway

Phone: +47 2104 2900