These Terms of Service ("Terms") govern your use of the Space website located at http://www.space.storage (the "Site") and the Space services, including the API (Application Program Interface) (collectively the "Services"). These Terms apply to all users of the Site and Services. By using the Site or Services, you agree to these Terms.
The Site is operated by Fleek LLC (hereinafter referred to as "Space", "we", "us" and "our''). We are a company registered in Delaware, USA. Our registered office is at: 12 Vestry St New York NY 10013
From time to time, we may change these Terms and Conditions (“The Terms”). If we change these Terms, we will inform you by posting the revised Terms on the Site. When visiting the Site, we encourage you to make sure you have read the most recent version of these Terms. Those changes will take effect on the Revision Date, shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms.
You must be at least 18 years old to use the Site or the Services.
Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through, prior to your use of that Service. By using the Services, you agree to the Additional Terms.
In order to use the Site or Services, you must first register to set up an account with us by completing the account registration form available on the Site. We also trust you to use the Space services responsibly. You only need to register once.
You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.
After registration to use the Site and Services, you can claim a username and optionally add an email address. You must keep your Credentials confidential and must not reveal them to anyone.
You are responsible for all activities performed under your Credentials.
Unless we have previously been notified by you that the confidentiality of your Credentials has been compromised, we are entitled to treat any use of the Site under your Credentials as being by you.
We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site or Services, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and Services and is compatible with the Site. It is also your responsibility to ensure that anyone who accesses the Site or Services using your Credentials or via your Internet connection is aware of these Terms and that they comply with them.
Access to the Site and Services is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the Site or Services without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site or Services, or any features, parts or content of the Site or Services at any time for any period. Space will make commercially reasonable efforts to ensure that Space storage is available and able to successfully process requests at a minimum of 99.9% of each calendar year.
Content stored or posted on the Site or the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download or share files unless you have the right to do so. You will be fully responsible and liable for what you or anyone using your account copies, shares, uploads, downloads or otherwise uses while using the Site or Services.
Space will work to ensure that User Content (as defined below) and data is not lost or corrupted, but we advise that you ensure that you back up all of your User Content and data.
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Space. When you use the Site or Services, you may not and agree that you will not:
Space will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. Space may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms. You acknowledge that Space has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. Space reserves the right, at any time and without prior notice, to remove or disable access to any content that Space, at its sole discretion, considers as objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Space reserves the right to limit the traffic generated by one or more of the download links you have generated based solely on Space’s discretion.
If the usage of the Service exceeds the storage amount included in the Space Pro plan of your account, Space will inform you and just charge for over usage at the rate shown in the transparent pricing page, https://space.storage/pricing. If you overuse the plan limits and do not pay outstanding invoices Space will no longer back up your files. There will be warnings and notices before your account has any backed up data deleted.
Once you delete a file from your Space account, it will be moved to a section named "Trash" in your account. The file will be stored there for a limited time period that is based on your service plan. Space reserves the right to limit the size of the Trash on Space’s sole discretion. The Trash has a size limit exactly equal to the storage quota, included in your current Space account. In case the Trash size limit is exceeded, Space reserves the right to permanently remove the oldest files from the Trash to fit the preassigned limits.
In these Terms, "User Content" shall be used to refer to all content and information that you store, upload, post or share using the Site or Services. These Terms don’t give us any rights to your "User Content" except for the limited rights that enable us to offer the Services. All User Content shall be owned by you or the person who made it available to you to store or upload via the Site or Services. In consideration of being provided with use of the Site and the Services made available pursuant to these Terms, you give Space permission to use your User Content as follows: you grant to Space and its affiliates a worldwide license to use, copy, perform or display your User Content in connection with providing you access to the Site and/or Services only.
You hereby undertake that:
Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content (jointly referred to as "Content") and Space’s name, trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under U.S., EU, and international laws.
Notice of Copyright or Intellectual Property Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail: [email protected] that a user of the Site or Services has infringed your intellectual property rights. In the United States, this policy is provided pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective, your notification should include:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may promptly remove the identified materials backed up data from the Site and Services without liability.
Counter-Notice by Accused User
If we have deleted your backed up materials due to suspicion of copyright or other intellectual property infringement, you may dispute the alleged infringement by sending a written communication by e-mail. Your written communication should include the following:
Please send all notices under the above infringement policies by e-mail to [email protected]
We can undertake measures, at our discretion, if you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted. Those measures on our part may include limiting part of the functionalities of the Space service you are using.
Among other services and applications, Space also provides an encryption service. This app performs client-side encryption, which means that the encryption process is performed on the user’s device and the plain text files never leave the user’s computer. This ensures zero-knowledge privacy for the user’s data, which means that we, as a service provider, have absolutely no information about the content users store in their accounts, such as file names or file types. The user content is stored as a backup which is already encrypted before stored at secure backup locations which are locked and unlocked under the control of the users’ “keys”. Space has no access to users’ Keys, and once lost, it can never be restored.
Encrypted Content and Ownership
In these Terms, "Encrypted Content" shall be used to refer to all content and information that you store or upload using the Encryption Service. All Encrypted Content shall be owned by you or the person who made it available to you to store or upload via the Service. You retain full ownership to your files, folders, directories, including their metadata (file names, thumbnails, etc.) and any information you submit to Space for encryption purposes. We don’t claim any ownership to any of your content. These Terms do not grant us any rights to your content or intellectual property except for the following limited rights that are needed to run the Service: we may redundantly store or backup your respective data as set below and we might use trusted third parties, like our collocated data center, to provide the Encryption Service. You give us the permission for all and any actions that we need to undertake to provide the Service. In particular, but not limited to, you agree that Space may transfer your data to its servers and between its servers. Space states that your encrypted content, encryption key, and passphrase used by you or otherwise submitted to the Service, are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by Space or any third party. Your Encrypted Content can only be decrypted or inverted by you. When using our Encryption service, you undertake that:
Global Policies on Encryption
In some countries, using encryption services may be limited, restricted or forbidden by law. Before subscribing to our Encryption Service make sure that using such a service is permitted and legal in your state of residence. If any case, Space cannot be held liable for any claims that may be filed against you in relation to using such a service. By agreeing with the present Terms and Conditions you confirm that you will at all times and in any instances hold Space harmless of any claims that may arise in relation to your personal decision to use an Encryption Service.
The Site and Services may contain features and functionalities that may link you or provide you with access to third-party content or services independent of Space, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Space shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you have with third parties.
Disputes with Other Users
If there is a dispute between users of the Site or Services, you understand and agree that Space is under no obligation to investigate or become involved further than any action it may take in accordance with notification it receives pursuant to the copyright and intellectual property notice section above. Subject to this, Space may, in its discretion, attempt to assist in the resolution of such a dispute, but in doing so it does not undertake any obligation to do so, and will not be subject to any liability arising either from the conduct giving rise to the dispute or from any efforts to resolve it.
Disclaimer and Waiver of Liability
In the event that you have a dispute with any other user of the Site or Services or with any third party whose content or services you have accessed through the Sites or Services, you hereby release Space, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a resident of California, U.S.A., you waive California Civil Code Section 1542, which stipulates the following: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Some of our Services are free, whereas others are subject to a fee. For a full description of the different Services that we offer, along with the different prices applicable, please see the Services and price description page on the Site.
Space users can pay for paid plans for extra space and sharing options. By subscribing once, you authorize Space to charge your chosen payment method. Space offers renewal subscriptions and prepaid credits, including the ability to pay in cryptocurrencies.
Space users can pay for paid plans on a renewing period basis (for example, monthly and yearly plans).
All paid renewal subscriptions are renewed for the Services on the date such renewal subscriptions expire. If you have a renewal subscription, this will be extended automatically until you terminate it and every further payment will be due at the beginning of the new payment cycle.
Space users can pay upfront for credits that the credit balance is used towards their Space Pro plan. This allows users that want to pay in cryptocurrencies to pay upfront and use their credits over the monthly usage of Space.
Payments for and Cancellation of Subscriptions
You can cancel your subscriptions for the Space Service at any time from your payment account. However, no refund will be provided for any unused days.
All users who subscribe for Services subject to a fee ("Paid Services") must enter valid credit [or debit] card or pre pay with Cryptocurrencies. The Service is billed in advance on a monthly or yearly basis (depending on the selection you make at the point of subscription) and paid on an automatic basis. In the case you pay with Cryptocurrencies you pre purchase the credits towards your Space Pro plan. You hereby authorize Space to automatically charge your credit card or for charges that apply to your account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including VAT, and you shall be responsible for payment of all such taxes, levies, duties or VAT, excluding only United States (federal or state) taxes.
If, for any reason, you are not satisfied with the Paid services, you can cancel your subscription for Paid Services at any time.
Space has a ten (10) calendar days money back guarantee, beginning on the day you have submitted your payment for the Paid services. During this period, you are eligible to request for a refund. If you issue an explicit written request for a refund within the ten (10) days referenced above, we will process the refund due to you in full within 30 calendar days, counting from the day you have confirmed your request.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
In case you have purchased Paid services through a promotional campaign or provided discount, Space reserves the right to decline providing a refund.
Space enhances and updates its Site and Services often. We may change or discontinue the Site or any Services although we will, in such circumstances, use reasonable efforts to provide you with prior notice so that you can make alternative arrangements for the storage of any User Content and we will not terminate a Service under this section during a subscription period for which you have already paid without refunding you a fair portion of your payment based on how long is left until the end of the subscription.
User accounts are not transferable. Only the user who signs up for an account may use the account. If a user transfers an account in violation of this section, Space may terminate the account and the users’ right to access the Site and Services.
Space may at any time, without explicit notice, change the company ownership, be subject to merger or sale, partnership or else. In the case of such change of ownership, merger, sale or other, Space only has the obligation to notify you through updating the present Terms and Conditions. Such an action will in no way affect your use of the Service or the Site, or your subscriptions and accounts.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you breach any of these Terms, your permission to use the Site and Services and your account automatically terminate. If Space ceases operation, your account will be terminated and Space will no longer provide the Site or Services. If your account is terminated in accordance with this section, you will not receive any refund of any fees paid for the account.
Space tries to keep the Site and the Services up, error-free, and safe, but Space does not guarantee that the Site and/or the Services will be safe or secure or that access to or use of the Site and/or the Services will be uninterrupted or free of errors or omissions or that defects will be corrected. Space does not warrant that the Site and/or the Services will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. Space uses reasonable care and skill in providing the Site and the Services, but beyond that, the Site and the Services are provided without any warranties of any kind. Space disclaims all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. Space makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Services.
Nothing in these Terms shall exclude or limit Space’s liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) or for any other liability that may not, under the applicable law, be limited or excluded.
Subject to the above, in no event will Space, or any of its respective directors, officers, employees, and agents, be liable to you in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.
Where you use the Site or Services in the course of a business, Space's aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to the higher of: (a) total fees paid by you to Space for use of the Site or Services; and (b) [EUR5,000].
You use the site and services at your own risk. The site and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by the applicable law, Space and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (referred to collectively as “affiliates”) disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
In particular, Space and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site or services (including, without limitation, any recommendations or other content available on or through the site or services), or the content of any websites or resources linked to the site or services. Space and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services or the unavailability of the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the site or services. You, and not Space, are responsible for maintaining, protecting, and backing up all of your user content and data. Space will not be liable for any loss or corruption of your user content or data or for any costs or expenses associated with backing up or restoring any of it.
Space and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised or offered on or through the Space site or services or any linked website.
You understand and agree that any material or information downloaded or otherwise obtained through the use of the site or services is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from Space or through the site or services will create any warranty not expressly made in these terms.
To the fullest extent permitted by the applicable law, neither Space nor its affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Space may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Space's liability will be the minimum permitted under such law.
You agree to indemnify and defend Space and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account or your Credentials store, upload, submit, post or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account or your Credentials; (c) breach of these Terms by you or anyone using your account or your Credentials; or (d) breach of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or your Credentials. Space reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Space in such defense.
Under no circumstances will Space be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Space to enforce any right or provision of these Terms will not prevent Space from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.