Back to Home

Terms of Use

Last Updated: December 7, 2024

Agreement to Terms

These Terms of Use ("Terms") constitute a legal agreement between you ("User" or "you") and Cloney ("Company," "we," or "us"). By accessing and using the Cloney platform, including our website and services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.

Description of Service

Cloney is a cloud data migration platform that enables users to transfer data between cloud storage providers. The Service includes:

  • Cloud storage authentication and connection management
  • Data migration job creation, scheduling, and monitoring
  • Real-time progress tracking and analytics
  • Support for multiple cloud storage providers (AWS S3, Google Cloud Storage, Azure Blob, etc.)
  • Data validation and integrity verification

We reserve the right to modify, suspend, or discontinue the Service or any portion thereof at any time, with or without notice.

User Responsibilities

By using Cloney, you acknowledge and accept full responsibility for:

  • Cloud Storage Ownership: You own or have legal authorization to access both the source and destination cloud storage accounts
  • Data Ownership: You own or have the legal right to migrate the data being transferred
  • Authorization: You have obtained all necessary permissions and licenses from third parties to migrate the data
  • Data Type and Content: You are responsible for the type, nature, and legality of all data being migrated. You ensure that data does not violate any laws, regulations, or terms of service. This includes ensuring data does not contain illegal content, malicious code, stolen data, or content that infringes on third-party rights
  • Compliance: Your use of the Service complies with all applicable laws, regulations, and agreements with your cloud storage providers
  • Credentials Security: You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account

Cloney acts solely as a technical platform to facilitate data migration. We do not verify ownership of cloud storage accounts, the content or legality of data being migrated, or compliance with third-party terms of service. You assume all legal liability for the migrations you initiate through our platform.

Prohibited Uses

You agree that you will not use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Access or migrate data you do not own or are not authorized to access
  • Transmit illegal content, malware, viruses, or malicious code
  • Perform unauthorized data migrations or access others' cloud storage accounts
  • Infringe on intellectual property rights of others
  • Engage in illegal activities or fraud
  • Violate the terms of service of cloud storage providers
  • Bypass security measures or attempt to gain unauthorized access
  • Use the Service for any purpose that could damage, disable, or harm the platform or its infrastructure
  • Engage in any form of harassment, abuse, or illegal activity

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLONEY DISCLAIMS ALL WARRANTIES INCLUDING:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, completeness, or reliability of the Service
  • Warranties that the Service will meet your requirements or expectations
  • Warranties regarding uninterrupted, secure, or error-free operation of the Service

We do not warrant that data migrations will be completed without errors, that all data will be successfully transferred, or that the Service will be available at all times.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLONEY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO:

  • Use or inability to use the Service
  • Data loss or corruption during migration
  • Unauthorized access to your cloud storage accounts
  • Third-party actions or violations of your cloud storage provider's terms
  • Any breach of these Terms

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLONEY IS TO DISCONTINUE USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Account Termination

We may terminate or suspend your account and access to the Service at any time, with or without cause and without notice. Reasons for termination may include:

  • Violation of these Terms
  • Unauthorized migrations or access to cloud storage
  • Illegal activity or fraudulent use
  • Violation of third-party intellectual property rights
  • Violation of cloud storage provider terms of service
  • Non-payment for subscription services

Upon termination, your right to use the Service immediately ceases. We may delete your account data according to our Privacy Policy.

Intellectual Property

The Service, including all content, software, code, designs, and functionality, is the exclusive property of Cloney and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use only.

You may not reproduce, distribute, modify, translate, or create derivative works of the Service without our prior written consent.

Indemnification

You agree to indemnify, defend, and hold harmless Cloney and its officers, directors, employees, agents, and successors from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Data migrations you initiate through the Service
  • Your infringement of any third-party rights
  • Any illegal or unauthorized activity conducted through your account

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Cloney operates, without regard to its conflict of law provisions.

Any disputes arising from these Terms or use of the Service shall be resolved through binding arbitration or as otherwise determined by applicable law. You agree to submit to the exclusive jurisdiction of the courts in the applicable jurisdiction.

Third-Party Services

The Service integrates with third-party cloud storage providers and payment processors. Your use of these third-party services is governed by their respective terms of service and privacy policies. Cloney is not responsible for:

  • Changes to third-party services or terms
  • Service interruptions from third-party providers
  • Data loss caused by third-party services
  • Compliance with third-party terms of service

You are solely responsible for ensuring your migrations comply with the terms of service of all cloud storage providers involved.

Changes to Terms

We may update these Terms at any time without prior notice. Changes will be effective immediately upon posting. Your continued use of the Service following the posting of changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any changes.

Contact Information

If you have questions about these Terms of Use, please contact us:

By using Cloney, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.