Terms of service
The short version
- Free plans come with no commitments. We can change or end them at any time.
- Paid plans come with the commitments listed on the pricing page. If we miss one, your remedy is a credit or refund of the fees for the affected period.
- Your content is yours. We host it, we do not sell it or train on it.
- When a cloud ends, everything in it, including backups, is deleted within 10 days. Export first.
1. The agreement
These terms are an agreement between you and Argosity, LLC, a Missouri limited liability company (“Argosity”, “we”, “us”). They govern your use of tinycld.com, the TinyCld apps when connected to a cloud we host, and every cloud we host for you (together, the “Service”). By creating an account you accept these terms and the Privacy Policy. If you do not accept them, do not use the Service.
If you accept these terms for a company or another organization, you confirm that you have authority to bind it. “You” then means that organization.
2. Who may use the Service
You must be at least 18 years old to create an account or to be a member or guest of a cloud. We do not knowingly provide the Service to anyone younger. You must not be barred from receiving services under United States law.
3. Your account and your cloud
The person who creates a cloud is its owner and our customer. The owner may invite members and admit guests. The owner is responsible for everything done in the cloud, including by members and guests, and for making sure they follow these terms.
Keep your credentials secret. Tell us at once at legal@tinycld.com if you believe someone else has used your account.
4. Plans
Free plans
Free plans, including guest accounts, are provided as is and as available. We make no commitment to uptime, data retention, backups, or support. We may change the limits of a free plan, suspend a free cloud, or end free plans altogether at any time. Where practical we will tell you first, but we are not required to.
Paid plans
A paid plan comes with the limits and commitments shown on the pricing page at the time you buy it. [PAID UPTIME AND BACKUP RETENTION COMMITMENTS TO BE SET]. Those commitments are the whole of what we promise for a paid plan. Section 12 describes your remedy if we fall short.
Limits
Every plan has limits, such as storage and number of people. When you reach a limit the Service refuses the action that would exceed it. You can always read, delete, and reduce so that you get back under the limit. Reaching a limit does not remove anything.
5. Billing
- Paid plans are billed in advance on a recurring basis through Stripe. You authorize us to charge your payment method each billing period until you cancel.
- Prices exclude taxes. We add tax where the law requires it.
- We may change the price of a plan. We give at least 30 days notice by email before a new price applies to you.
- No refunds. Fees are not refundable, in whole or in part, except as described in section 12 or where the law requires.
- You may cancel at any time. Your cloud stays active until the end of the period you have paid for, and you are not charged again.
Failed payment
If a payment fails we retry it for 7 days and your cloud keeps running. If it still fails, we suspend the cloud. A suspended cloud is stopped: nobody can sign in and incoming mail is not accepted, but nothing is deleted. Pay the outstanding amount and it restarts. If the cloud is still suspended after 30 days, we delete it as described in section 7.
6. Idle free clouds
A free cloud that nobody signs in to for 30 days is suspended. If nobody signs in for 90 days in total, we delete it. Signing in through the web, an app, or a standard protocol such as IMAP or CalDAV counts as activity. Mail arriving in the cloud does not. We email the owner before we delete an idle cloud.
7. Cancellation and deletion
When your cloud ends, whether you cancel it, it is deleted for non-payment or inactivity, or we terminate it, we delete the cloud, everything stored in it, and all of its backups within 10 days. Deletion is permanent. We cannot restore a deleted cloud.
Export your data before the end. Every cloud speaks IMAP, CalDAV, CardDAV, and WebDAV, so any standard mail, calendar, contacts, or file client can copy it out. The software that runs your cloud is open source, so you can also move to a server you run yourself.
8. Acceptable use
You must not use the Service to:
- break the law, or store or send content that is unlawful for you to have;
- send unsolicited bulk email, or email that misrepresents its sender or origin;
- distribute malware, or attack, probe, or overload any system, including ours;
- harass, threaten, or defraud anyone;
- infringe anyone’s copyright, trademark, or other rights;
- evade a plan limit, a suspension, or a termination;
- resell the Service or offer it to others as your own, without our agreement.
Mail sent through the Service is subject to sending limits, which we may lower for a cloud that is sending spam or triggering complaints. We run automated spam and malware checks on mail. If you breach this section we may suspend or terminate your cloud at once, with or without notice.
9. Your content
You own the content you and your members put in your cloud. You grant us only the rights we need to run the Service: to store it, back it up, transmit it, index it for your search, and display it to the people you share it with. We do not use your content for advertising. We do not use it to train machine learning models. We do not sell it.
Because we run the servers, we can technically read your content. We do so only in these cases: when you ask us to, to help with a support request; to investigate a report of abuse or a breach of these terms; when the law requires it; and through automated processes such as spam filtering, search indexing, quota accounting, and backups. The Privacy Policy has more detail.
You are responsible for your content, and you confirm that you have the rights needed to store and share it through the Service.
10. Copyright complaints
If you believe content hosted on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to legal@tinycld.com. Include the work, the location of the allegedly infringing material, your contact details, a statement of good faith, a statement of accuracy under penalty of perjury, and your signature. [DESIGNATED AGENT REGISTRATION WITH THE US COPYRIGHT OFFICE PENDING]. We terminate the accounts of repeat infringers.
11. Open source and trademarks
Your cloud runs TinyCld, open source software licensed under the AGPL-3.0 and published at github.com/tinycld. These terms cover the hosted Service, not the software. Your rights in the software come from its license. The TinyCld and Argosity names and logos are our trademarks. These terms give you no right to use them.
12. Disclaimers, remedies, and limits on liability
Disclaimer. Except for the express commitments of a paid plan, the Service is provided as is and as available, without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Free plans. We have no liability to you for a free plan. Your only remedy for any problem with a free plan is to stop using it.
Paid plans. If we fail to meet a commitment of your paid plan, your sole and exclusive remedy is, at our choice, a credit against future fees or a refund of the fees you paid for the period affected by the failure. Our total liability to you for all claims arising from the Service will not exceed the fees you paid us in the twelve months before the claim.
Excluded damages. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if we were told they were possible.
Nothing in this section limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct.
13. Indemnity
You will defend and indemnify us against claims, damages, and costs, including reasonable legal fees, that arise from your content, from the use of your cloud by you, your members, or your guests, or from your breach of these terms.
14. Suspension and termination by us
We may suspend or terminate your cloud if you breach these terms, if payment fails as described in section 5, if a cloud is idle as described in section 6, if the law or a legal process requires it, or if your use creates a security or legal risk for us or for others. We may end any free cloud for any reason, with notice where practical. Section 7 applies to any cloud we terminate.
15. Changes
We may change the Service, and we may change these terms. If a change to these terms is material we email the owner of each cloud at least 30 days before it takes effect. If you keep using the Service after that date, you accept the change. If you do not accept it, cancel before that date.
16. Governing law and disputes
These terms are governed by the laws of the State of Missouri, without regard to its conflict of law rules. Any dispute arising from these terms or the Service will be brought only in the state or federal courts located in Cole County, Missouri, and you consent to their jurisdiction.
17. General
- These terms and the Privacy Policy are the whole agreement between you and us about the Service. For business customers, the Data Processing Addendum is also part of it.
- If a court finds part of these terms unenforceable, the rest remains in force.
- Our failure to enforce a term is not a waiver of it.
- You may not assign these terms without our consent. We may assign them to a successor of our business.
- We are not liable for delay or failure caused by events beyond our reasonable control.
- We send notices to the owner’s account email address. Send notices to us at legal@tinycld.com.
18. Contact
Argosity, LLC
legal@tinycld.com