SQT Personal Cloud - Terms & Conditions
Your use of SQT Personal Cloud service and related software and applications (“SQT Personal Cloud” or the “Service”) is subject to the following terms and conditions. These terms form a legally binding agreement (“Agreement”) between you and SquareTrade Australia Pty Ltd ABN 52 631 111 861. (“SquareTrade”). SquareTrade has contracted with Synchronoss Technologies, Inc. a Delaware Corporation with a business address at 200 Crossing Blvd, Bridgewater, New Jersey 08807, United States (“Service Provider”) to manage this service on SquareTrade’s behalf. Together SquareTrade and Synchronoss are (“we”, “us” or “our”).
As a user of the SQT Personal Cloud, in addition to this Agreement, the terms of the SquareTrade plan that you accepted apply to your use of the Service. By using the Service, you accept this Agreement, which, to the extent permitted by applicable law, may be modified by us from time to time. We will notify you of changes to this Agreement by: (i) publishing the amended version of this Agreement on the SquareTrade website and App; and (ii) where practicable, providing you with a copy of any amendments to this Agreement by email or other means necessary. If the amendments are materially detrimental, you may terminate this Agreement within 60 days of receipt of the amendments. Following such period, the amendments become effective and your continued use of the Service constitutes your acceptance of the amended Agreement. You agree that you are 18 or older or, if you are younger than 18 years, your parent or guardian has consented to this Agreement. This Agreement also applies to the users on your account and anyone who uses your Service. This Agreement contains important information about the Service, including our ability to make changes to your Service or this Agreement's terms, our liability if things don't work as planned, and how any disputes between us must be resolved.
For the avoidance of doubt, the exclusions and limitations set out in this Agreement do not apply to the extent they are contrary to the rights available to you under the statutory guarantees in the Australian Consumer Law (that are set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”).
The Service. SQT Personal Cloud is a cloud storage service which, subject to device limitations and your storage plan, automatically backs up and syncs your Content across your compatible mobile devices. You can access the Service through the SQT Cloud mobile application (the “App”). You may store photos, videos, call logs, messages, contacts, music, and documents on Android devices and photos, videos and contacts only on iOS devices (“Content”). The maximum upload size limit for an individual file is 10 GB. Your device type (e.g., smartphone) and operating system determine: (i) the types of Content you can back up; (ii) the device locations from which Content can be backed up; and (iii) whether Content is manually or automatically backed up. Contacts, text messages and call logs are not accessible from the App and should be viewed and deleted in the application in which they were created. There may be limits on the types of Content you can store and share using the Service, including Content that is unlawful or otherwise violates this Agreement. The Service will not back up mobile or computer operating systems, settings, applications, application data, servers, email platforms, external storage drives, and uncommon file types. An internet connection is required. Wireless data charges may apply for download. The option to back up only on Wi-Fi may not be available for all Content types, and the Service may continue to back up certain Content types even when your device is not connected to Wi-Fi. You are responsible for maintaining appropriate security for any device from which you plan to access the Service.
By enabling notifications within the App, you agree to receive updates related to your account and updates about the Service.
Customer Conduct. You may use the Service to store, manage, access, and share Content pursuant to the terms of this Agreement and only as permitted by applicable law. To the extent permitted by applicable law, you are solely responsible for your Content, your actions, and any other users' Content or actions in connection with your Service. Content in the Service may be protected by others' intellectual property rights. Do not copy, upload, download or share Content unless you have the right to do so. To the extent permitted by applicable law, we reserve the right to remove any Content that may violate the law or this Agreement or that may harm our users, third parties, Synchronoss or SquareTrade. We retain the right to use automated detection and/or human review to detect child sexual abuse material. We will report apparent child sexual abuse material, and reserve the right to report Content that depicts other forms of child abuse, to the Australian Centre to Counter Child Exploitation (see: https://www.accce.gov.au/) and/or law enforcement in accordance with applicable law.
Without limiting any rights available under the Copyright Act 1968 (Cth) (“Copyright Act”), you acknowledge and agree that the Service shall not be used for any unlawful purpose and that you shall not do any of the following in connection with the Service:
- circumvent storage space limits;
- interfere with the proper working of the Service or impose an unreasonably large
load on Synchronoss's infrastructure;
- access another user's account without their permission;
- upload, store or share Content that violates or infringes upon any third party right,
including any intellectual property right or right of privacy;
- upload, store or share child sexual abuse material or other Content depicting the
abuse of children;
- upload, store or share Content that facilitates human trafficking or harassment,
contains extreme acts of violence or terrorist activity, or advocates bigotry or hatred, or otherwise contains abhorrent violent material (as defined in section 474.30 of the Criminal Code Act 1995 (Cth));
- breach any law, including the Privacy Act 1988 (Cth), Copyright Act and Broadcasting Services Act 1992 (Cth);
- adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software;
- remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software;
- remove, tamper with or modify any security features or other Service components for any reason;
- engage in a denial of service attack, or introduce viruses, worms, harmful code or Trojan horses on the Service or Software;
- upload, store or share Content controlled under export regulations;
- download or use the Service in destinations that are now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under applicable sanction laws (including the Autonomous Sanctions Act 2011 (Cth) (and applicable regulations) and United Nations Security Council sanctions regimes (implemented domestically in Australia pursuant to the Charter of the United Nations Act 1945 (Cth) and
- install and use the Application in a manner that is not in compliance with these
- use the Application or any portion thereof to implement any product or service to
operate on or in connection with the Service for any other purpose than for which
the Application is provided; or
- decompile, reverse engineer, disassemble, or otherwise reduce the Application
and/or related files (including but not limited to databases, news, descriptions or communications between applications) to any human-perceivable form (except to the limited extent permitted under mandatory copyright legislation) as the Service contains or may contain trade secrets of SquareTrade and its licensors.
- Content. Without limiting any rights available under the Copyright Act, by using the Service, you grant a non-exclusive, fully-paid and royalty-free, sub-licensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for us to exercise any license right granted herein, including, without limitation (i) storing and retrieving the Content; (ii) making the Content available to You; (iii) conforming to connecting networks' technical requirements; (iv) transferring your Content from one mobile device you own to another mobile device you own; and (v) transcoding Content into a viewable or otherwise appropriately perceptible format. By using the Service, you grant us the right to access, analyze and use Metadata to provide the Service, including features and options to optimize the display, appearance and organization of Content, where “Metadata” may include the file name, the file type, the date and time the file was created, and any location information that is included in the file, such as in photos taken with a phone that has location settings turned on.
- Limiting or discontinuing the Service. To the extent permitted by applicable law, we may limit or discontinue certain features or functions of the Service, upon notice. If any such change is materially detrimental to your use of the Service, you may terminate this Agreement within 30 days of receipt of the notice. Following such period, the changes become effective and your continued use of the Service constitutes your acceptance of the amended Service.
- Termination.To the extent permitted by applicable law, we reserve the right to suspend or terminate your access to the Service, upon notice to you, if your use of the Service or your Content violates this Agreement or applicable law, or otherwise harms our users, third parties, Synchronoss or SquareTrade, and you fail to remedy such a breach within 14 days of a notice to remedy or you commit a breach which is incapable of being remedied. Except as provided below and to the extent permitted by applicable law, Content will be irretrievably deleted upon (i) your deletion of Content; or (ii) within 30 days of cancellation or termination of your SquareTrade plan; or (iii) cancellation or termination of your SQT Personal Cloud account.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE RESPONSIBLE FOR DOWNLOADING ANY SQT PERSONAL CLOUD CONTENT THAT YOU WISH TO SAVE PRIOR TO TERMINATION OF YOUR SQUARETRADE PLAN OR YOUR SQT PERSONAL CLOUD ACCOUNT.
Software. In connection with the Service, we will provide to you software applications that are owned by us, our affiliates or third-party licensors (the “Software”). To the extent permitted by applicable law, we reserve the right periodically to update, monitor, upgrade, change or discontinue the Software remotely or otherwise. Your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Agreement.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely as authorized in this Agreement. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by us and/or any third-party licensors. However, you retain all of your ownership rights in Content that you create yourself. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the Licenses file in the App.
Beta Features. We may release features or functionality of the Service that are still being evaluated or tested (a “Beta Feature”). We will tell you if something is a Beta Feature. To the extent permitted by applicable law, if you choose to use a Beta Feature, note that it may not perform as reliably as other Service features. We may change, suspend, or discontinue a Beta Feature at any time without notice.
Acknowledgments.TO THE EXTENT PERMITTED BY LAW AND WITHOUT EXCLUDING, LIMITING OR MODIFYING YOUR RIGHTS (IF ANY) UNDER THE AUSTRALIAN CONSUMER LAW, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE APPLICATION IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR USERS IN ANY PARTICULAR INDUSTRY (INCLUDING WITHOUT LIMITATION USE IN PROCESSING AND STORING HEALTH AND HEALTH CARE RELATED DATA,TRANSMITTING OR MANAGING CREDIT CARD TRANSACTION DATA) AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS; (II) YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE APPLICATION SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE; AND (III) YOU AGREE TO USE THE APPLICATION IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE APPLICATION IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON US OR OUR DISTRIBUTORS OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THESE TERMS.
Disclaimer of warranties.
Our goods and services come with guarantees that cannot be excluded under the
Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or
SUBJECT TO THE FOREGOING AND WITHOUT EXCLUDING, LIMITING OR MODIFYING YOUR RIGHTS (IF ANY) UNDER THE AUSTRALIAN CONSUMER LAW, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE APPLICATION, SERVICE, SOFTWARE AND ANY CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE “SQUARETRADE PARTIES”); (II) NO ADVICE OR INFORMATION GIVEN BY THE SQUARETRADE PARTIES SHALL CREATE ANY WARRANTY HEREUNDER; (III) YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLICATION AND RELATED DOCUMENTATION; (IV) WE DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE; (V) USE, AS WELL AS COMPATIBILITY AND INTEROPERABILITY PROBLEMS, CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH; (VI) NO ORAL OR WRITTEN INFORMATION OR INSTRUCTIONS GIVEN BY SQUARETRADE, ITS AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING LIMITED WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR INSTRUCTIONS; AND (VII) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. Subject to clause 11 and to the extent permitted by applicable law, you agree that: (i) the SquareTrade Parties, and any third party application store operators from which you download the App, are not liable in any way under any legal theory, including, but not limited to tort or contract, for any losses, damages or injuries caused directly or indirectly by your or anyone else's use, misuse or removal of the Service, the App, your Content, or other users’ Content; and (ii) the SquareTrade Parties will not be liable to you or any third party for any: security issues that may result from your use of the Services; failure of the Service to perform; loss of Content; losses or damage to your personal property, including but not limited to, your mobile device, personal computer equipment or software, or lost, stolen or damaged data; or damages, including lost income or business opportunity, relating to or caused by any failures of the Software or Service we provide or by any viruses or intrusions to your system, except to the extent such liability has been directly caused or contributed to by SquareTrade.
Indemnification. In the event you act or use the Service in a manner not permitted in this Agreement or breach any of your representations and warranties herein, you will: (i) be in material breach of this Agreement; (ii) indemnify, defend and hold harmless the SquareTrade Parties and other Service users for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including attorneys' fees) arising from or relating to your actual or alleged breach of this Agreement including, without limitation, your representations and warranties, or any claim that your use of Content infringes or otherwise violates applicable law, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; (iii) take, at your expense, prompt action to correct and/or mitigate the effects of your breach of this Agreement; and (iv) provide us with reasonable cooperation and support in connection with our response to your breach of this Agreement, excluding any liability caused or contributed to by the negligence or a breach of this Agreement by SquareTrade. You shall assume and be solely responsible for any reporting requirements under law or contract arising from your breach of this Agreement.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
To the extent permitted by applicable law, the parties agree to resolve any dispute between them that arises out of, or in connection with, this Agreement during the term of the Agreement as follows:
- If a dispute arises out of, or in connection with, this Agreement during the term of the Agreement, then, subject to paragraphs i. and k. below, the aggrieved party must submit a notice in writing to the other party of the issue, and if the issue relates to an allegation of breach of contract or any damages the notice must include details of the breach, including the relevant clauses of this Agreement which are alleged to have been breached, and (if applicable) the damages claimed and how the damages are calculated (“Issue Notice”). The Issue Notice must be submitted within a reasonable time of the party becoming aware of the issue.
- If a party submits an Issue Notice under paragraph a. above, each party must promptly attempt to resolve the dispute.
- If the parties are able to agree upon a resolution to the dispute, the terms of the agreement are to be documented and signed by both parties. Such an agreement will be binding on both parties.
- Each party will bear its own costs under paragraphs b. to c. above.
- If the dispute is not resolved within thirty (30) days of the date that the Issue Notice was received by the other party, either party may then refer the dispute to arbitration in accordance with paragraphs f. to h. below.
- The party that requires that the dispute is resolved by arbitration must submit a notice in writing to the other party specifying the issue to be decided by arbitration, and if the issue relates to an allegation of breach of contract or any damages the notice must include details of the breach, including the relevant clauses of the Agreement which are alleged to have been breached, and (if applicable) the damages claimed and how the damages are calculated (“Referral Notice”).
- Once a Referral Notice has been received by the other party, you and SquareTrade agree to to arbitrate such dispute by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any dispute arising out of or in connection with this Agreement shall be submitted to final and binding arbitration in accordance with and subject to the Resolution Institute Arbitration Rules, as varied by this clause.
- Any arbitration under this Agreement will only be on an individual basis. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- Consumer claimants (individuals whose use of the Services is intended for personal, family or household use) may elect to pursue their claims in their local small-claims tribunal rather than through arbitration.
- Notwithstanding the existence of a dispute, each party must continue to perform its obligations under the Agreement during the period that the parties are seeking to resolve the dispute.
- The provisions of paragraphs b. to j. above do not apply where a party seeks urgent interlocutory relief.
General. This Agreement is subject to applicable law, and if any part of this Agreement is held to be unenforceable, the unenforceable part is to be removed and the remainder will continue to be valid. The failure to exercise or delay in exercising a right or remedy provided to a party under this Agreement shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision. You agree that you will not be taken to be and must not represent that you are an employee, partner, officer and/or agent of SquareTrade. Unless goods and services tax is expressly included, the consideration to be paid or provided under any other clause of this Agreement for any supply made under or in connection with this Agreement does not include GST. You shall not assign all or any part of your rights and/or obligations under this Agreement without our prior written consent. To the extent permitted by applicable law, we may assign any or all of our rights and obligations under this Agreement at any time; however this will not affect your rights or obligations under this Agreement. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This Agreement is governed by the laws and jurisdiction of New South Wales, Australia.
Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service (see:www.apple.com/legal/internet-services/itunes/dev/minterms/). You and we acknowledge that: (i) This Agreement is between SquareTrade and you only, and not with Apple or any other person. Subject to the terms and conditions of this Agreement, SquareTrade, not Apple, is solely responsible for the App and the content of the App. (ii) The license granted to you by SquareTrade is limited to a non-exclusive, non-transferable license to use the App on the Apple-branded device that you download it to and is subject to the “Usage Rules” set forth in the Apple Media Services Terms and Conditions (“Usage Rules”). If applicable, the App may be accessed and used by other accounts via Family Sharing or volume purchasing. If there is any conflict between this license and the Apple Media Services Terms and Conditions, the conflict will be resolved by giving priority to the Apple Media Services Terms and Conditions. (iii) Apple is not obligated to furnish any maintenance and support services with respect to the App. (iv) SquareTrade is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility. (v) You and SquareTrade acknowledge that Apple is not responsible for any claims made by you or a third party regarding the App, including intellectual property infringement claims, or Your use or possession of the App, including but not limited to (A) product liability claims, (B) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (C) claims arising under consumer protection, privacy or similar legislation. (vi) SquareTrade and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, SquareTrade, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (vii) You represent and warrant that: (A) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) You are not listed on any U.S. Government list of prohibited or restricted parties. (viii) Questions, complaints or claims regarding the App may be sent to SquareTrade Australia Pty Ltd., Attn: Legal Department, Level 5/60 Martin Pl, Sydney NSW 2000 or email@example.com. (ix) You agree to comply with any applicable third party terms when using the App (e.g. any agreement with your mobile provider). You also acknowledge that Your use of the App through any Apple-branded device may be subject to additional terms or privacy policies of third parties. (x) Apple, and Apple’s subsidiaries, are third parties to this Agreement, and your acceptance of this Agreement will give Apple the right to enforce this license against you.
Additional Terms and Conditions for Mobile Apps Downloaded from the Google Play Store. For users of the Google Play Store, the following additional terms apply: (i) This license is solely between SquareTrade and you, and Google will not be responsible for, and will not have any liability, under this license. (ii) The license granted to you by SquareTrade is limited to a non-exclusive, worldwide and perpetual license to perform, display and use the App on the device that you download it to and is subject to any applicable Google terms governing your use of the App (including the Google Play
Terms of Service). (iii) Google will have no responsibility to undertake or handle support and maintenance of the app and any complaints about the App.
Last updated: February 24, 2021