Terms Of Service
General Terms of Service
Welcome to use CloudBounce.
Conditions described under the “Terms of Service” governs your access to the CloudBounce.com website and all use of the product, software, content, features, and services available through or at the website, hereinafter referred to as “service”. It is of high importance that you are aware of, read, and understand the following terms prior to accessing and using services, provided by CloudBounce.
By choosing to use our service, you are agreeing to the complete application of the following terms and complying with other policies and guidelines, referenced under this terms of service agreement. If you cannot agree to all terms and conditions, featured in this agreement, you must discontinue using CloudBounce. Additionally, you must be eligible to use our service and therefore 1) be over 13 years of age and 2) be allowed to enter into a legally binding contract by law in your country.
The service provided by CloudBounce is globally available. Please make sure that your use of CloudBounce service is legal in your country. The service is available in English, only.
All services provided at or through CloudBounce are governed by the laws of Finland.
Usage of Service
By agreeing and complying with this terms of service agreement and the governing law, you may access and use the service, provided by CloudBounce.
We expect you to use our service responsibly with high degree of consideration and professionalism towards all parties. You must not misuse any part of the service, content, or other features, provided to you as part of the service by CloudBounce.
You, as the end user of the CloudBounce service, are the legal owner and will retain all rights and ownership, regarding the content you provide us (data, files, and other content). No ownership claims will be presented by CloudBounce, regarding Your content.
However, to operate our service, we must attain some degree of licensing, regarding your content. By uploading your content to CloudBounce, you will grant the service provider a non-exclusive, worldwide, royalty-free, non-transferable license to use, reproduce, publicly display, distribute, and modify your content. This license will only be used limitedly to perform and refine our service. For example, CloudBounce must be allowed to host, preview, modify, copy, and share Your content in terms of providing the service to you.
We will only use, preview, listen, or otherwise access Your content when, reasonably necessary, for example to perform our services, supporting requests, preventing fraud, or solving e.g. security, technical, or similar issues.
You will be able to publicly share Your content with other people through CloudBounce or third party affiliates. Since you own your content, you remain fully responsible for making it publicly available through e.g. uploading, posting, storing, transmitting, exchanging, or displaying. Consider carefully what, when, and how you choose to share Your content.
Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available, or otherwise communicating to the public via the Service) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to CloudBounce. It may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
Subcription fees & Payment
By using services provided by CloudBounce, you agree to pay all fees applicable to your chosen service pricing plan or subscription. CloudBounce is not responsible for any applicable taxes or third party fees or additional fees, connected with your use of the service.
CloudBounce service offers three optional service pricing plans. In addition, CloudBounce will allow you to try our service for free before you buy and preview the results, provided by our service.
Service pricing plans and fees are as follows:
- Pay-as-you-go: $4.90 per a mastered track. (includes 1 x Uncompressed WAV & 320kbps MP3.)
- Professional: $14.90 per month (includes 5 x Uncompressed WAV & 5 x 320kbps MP3)
- Infinity: $49 per month (infinite amount of mastered audio files Uncompressed WAV & 320kbps MP3)
CloudBounce will collect service fees, due, under your chosen service pricing plan on a monthly basis. Credit card payments will be processed automatically through an authorized third party host with payment information, provided by you. CloudBounce will not host or collect any credit card data. Payments with the most credit / debit cards are accepted, including Visa, MasterCard, American Express, Discover, JCB, and Diner’s Club. All payments will be transmitted by a strong SSL security protocol.
To avoid any disruptions in payment processing, please make sure your payment information is always up to date.
The user of the service has the right to use the mastering service from CloudBounce, according to the chosen service pricing plan – against credit card payment per track. In addition, the user has the right to cancel the monthly subscription plan freely. The billing cycle will be disrupted upon cancellation of the service during the target month.
All payments to CloudBounce are non-refundable and no refunds or credits will be made for incomplete use of a service pricing plan or a monthly subscription.
CloudBounce does not guarantee and shall have no liability for, any services downtime, including without limitation, any downtime caused by failures of or maintenance of CloudBounce’s own, hired, or public Internet arterial hosts, backbones, networks, or servers, caused by any failures of service users own equipment, systems, or local access services, or interruptions in any local area Internet services, hosts, or servers.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL ITS CONTENT AND SERVICES ACCESSED VIA THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CLOUDBOUNCE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL FACTORS OR COMPONENTS.
Limitation of liability
CLOUDBOUNCE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLOUDBOUNCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLOUDBOUNCE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CLOUDBOUNCE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO CLOUDBOUNCE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND CLOUDBOUNCE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH CLOUDBOUNCE IS TO DISCONTINUE USING THE SERVICE AND TO CANCEL YOUR USER ACCOUNT.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CLOUDBOUNCE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE CLOUDBOUNCE SERVICE MUST BE NOTIFIED TO CLOUDBOUNCE AT ONCE.
You agree to indemnify, defend, and hold CloudBounce, its affiliates, employees, shareholders, agents, and assigns harmless from any claim, demand, damages, obligations, expenses, or other losses, including reasonable attorneys’ fees, asserted by any third-party, resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service. However, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
You are free to discontinue using the service, provided by CloudBounce whenever you choose to do so. However, you will be held responsible for any and all outstanding fees, regarding your service subscription and the termination of your user account.
If CloudBounce terminates these terms of service for reasons
other than for cause, then reasonable efforts will be made
in order to notify you at least 30 days prior to the
termination via email you provided to us. CloudBounce may
terminate these terms of service and deny access to our
service whenever, if;
- 1. any provision of this terms of service is offended or terms are not intended to, or being unable to comply with;
- your service subscription fees are not paid on time, if any;
- we are required by law to do so e.g the provision of services in your region becomes unlawful or impractical due to change in law or legislation.
Terms of Service may be modified or revised if necessary. The services may be discontinued, partly or wholly (including but not limited to any features or properties) at any time without any liabilities to users or anybody else. Notifications related to significant changes that apply to our service e.g. due to changes in law and legislation will be posted on the CloudBounce website. Such modifications to these terms will come into effect immediately and will therefore bind all users of the CloudBounce service. By carrying on using our service, you will automatically agree to be bound by the revised terms of service.
Dispute resolution and Applicable Law
If a dispute arises between you and CloudBounce, we advise you to first contact us directly to resolve possible issues through our customer support site at https://CloudBounce.com.
Except where otherwise required by the mandatory law of any member state of the European Union or the United States
- (a) this Terms of Service agreement is subject to the laws of Finland, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
- (b) you hereby acknowledge and agree, and CloudBounce agrees, that any claim or dispute you may have against CloudBounce, in connection with the Terms of Service agreement, must be resolved exclusively by a court located in Tampere, Finland.
The foregoing provisions of this Dispute resolution and Applicable Law section do not apply to any claim in which CloudBounce seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by CloudBounce or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against CloudBounce, including Your Content related issues, and your sole remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Service.
CloudBounce shall not be liable for any failure or delay in performance of this Agreement for the period that such failure or delay is due to causes beyond the reasonable control of CloudBounce, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.