Thank you for using odrive! Before you start, there are a few things you should know.
While odrive can serve as the single interface to all your content, we don’t actually store any of your content. You’ve already made your choices on where and how to store your content, and we simply provide you access to the content. We refer to these storage repositories as “Third Party Sources”. As such, any existing responsibilities and liabilities that may subsist in the content are strictly held between you and the respective Third Party Sources.
odrive is a product of Oxygen Cloud, Inc., a Delaware corporation, whose principal place of business is at 19989 Stevens Creek Boulevard, Cupertino, CA 95014, United States.
We’d love to hear from you! Please visit us at: http://www.odrive.com
You are agreeing to the terms and conditions set out in this document (“Terms”) by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by odrive in the user interface. Or;
(B) by actually using odrive. In this case, you understand and agree that odrive will treat your use of odrive as acceptance of the Terms from that point onwards. Or;
(C) by paying a fee. Typically, this is for a feature that requires a fee or for a support service.
odrive may update these terms as necessary from time to time. When that happens, we will make the updates available to read on odrive.com. Your continued use of odrive will be considered acceptance of the updated terms.
If you are using odrive for an organization, you’re agreeing to the Terms on behalf of the organization.
Unless otherwise agreed in writing with odrive, your agreement with odrive will always include, at a minimum, the terms and conditions set out in this agreement.
odrive is constantly innovating in order to provide the best possible experience for its users. This means that the form and nature of odrive may change from time to time without prior notice to you though we will do our best to let you know way ahead of time.
This also means that odrive may stop (permanently or temporarily) providing some features or even odrive itself, without prior notice to you though we will do our best to let you know way ahead of time.
Likewise, as we are all creatures of free will, you may stop using odrive at any time. You do not need to specifically inform odrive when you stop using odrive.
If odrive does disable your account, for whatever reason it shall determine in its sole discretion, this will not impact your ability to directly access your Third Party Sources. Unfortunately, this means that you will have to go back to your prior routine of logging into your various services and applications separately, one-by-one.
It goes without saying that you agree to use odrive only as permitted by the terms of this agreement and that permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). If you do not agree, please stop using odrive.
From time to time, the odrive team will make suggestions on some cool things you can do with odrive. You can check our blog for these cool suggestions. Other than these suggestions, please do not use odrive by any means other than through the software interface that is provided by odrive. Specifically, please do not access (or attempt to access) odrive through any automated means (including use of scripts or web crawlers) and you should comply with the instructions set out in any robots.txt file.
If you use odrive in a way other that what is permitted, intended or suggested by odrive or by the terms of this agreement, it is deemed a non-standard use case. Not only should you refrain from engaging in non-standard use cases, but you should also refrain from encouraging others to do so or promoting such non-standard use cases.
We love our Third Party Source providers! And we presume you love them, too, since you have decided to put your digital life and work in their secure hands. So please ensure that your use of odrive does not violate any responsibilities you may owe to your Third Party Source.
Let’s all be awesome to each other! Please do not engage in any activity that interferes with or disrupts the ability for odrive to deliver to you and our other users an awesome experience. So please refrain from any extreme activities that would stress out odrive.
odrive retains its absolute right to disable your account, for whatever reason including but not limited to abuse and unintended use.
If you breach any term of this agreement or engage in any activity that results in loss or damage to odrive or to any third party, you agree that you will be solely responsible for such consequences.
odrive does not store any of your content. odrive only gives you access to content that you have created, modified or transmitted by your use of Third Party Sources.
All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, odrive are the sole responsibility of the person from whom such content originated. All such information is referred to as “Content”.
odrive does not claim any ownership rights to your Content. When you submit, post or display Content in odrive, we will use it only to provide the odrive service to you.
You, and not odrive, are solely responsible for any Content that you create, transmit or display while using odrive and for the consequences of your actions (including any loss or damage which odrive may suffer) by doing so.
You are responsible for protecting and enforcing any intellectual property rights which may subsist in that Content. odrive has no obligation to do so on your behalf.
odrive is not liable for any loss or damage which may be incurred by you as a result of the availability or non-availability of the Third Party Resources (e.g. a Third Party Source shuts down its operations, corrupts your data, or is down for maintenance).
odrive owns all legal right, title and interest in and to odrive, including any intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You are not granted any intellectual property rights in odrive other than what is specifically stated in these Terms. For example, you are not granted any rights to use any of odrive’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
odrive gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by odrive (referred to as the “Software” below).
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
From time to time, we will automatically update and install the Software. These updates are designed to improve and enhance the Software, and hence, your experience. If you take any actions to prevent such updates, that is likely to impair the performance of odrive. odrive is not liable for any associated consequences or damages incurred by you. If you downloaded the Software for iOS or Android from, respectively, through the Apple App Store or Google Play, then you will be responsible to make updates from those platforms when notified of their availability.
At some point, we hope you pay us a fee. Until that point in time, odrive is free. When that time comes, you will pay only because you find enough value in your use of odrive.
We strive to operate by two tenets when it comes to payments. One, we always want to let you try before you buy. Two, we want to make very transparent and straightforward how to buy the upgrade feature, or cancel the free trial, whatever the case may be.
When we roll out features that require payment, we typically provide a trial period so that you can experience it first before buying. In these instances, we will not bill you unless you decide to affirmatively upgrade and make a purchase transaction.
If you are on a paid subscription, it may be on a monthly or annual basis. We will automatically bill you on each periodic renewal until cancellation. You can cancel an automatic renewal at any time, and we will make this easy and straightforward to do.
Effect of Cancellation or Downgrade
If you choose to cancel or downgrade your account or paid feature, no refund will be issued to you (unless it is within 30 days of your first purchase). Your paid account will remain in effect until it’s cancelled or terminated under these Terms.
Late or Nonpayment
If you don’t pay on time, we reserve the right to immediately disable your account or specific capabilities of your account. If payment is overdue for more than 30 days, we reserve the right to either delete your account or downgrade it to a free account.
Effect of Fee Changes
We may change the fees in effect from time to time. When that happens, and the fee change impacts your payment, we will be sure to notify you. Regardless of a fee change or not, the fees you pay will remain at the same level for any specific term that you have purchased.
Payment via Mobile App Stores
If you choose to upgrade directly from either the Apple App Store or Google Play, then you will manage your subscription pursuant to their respective policies, including any policies regarding trials, refunds, and cancellations.
Although it will make us sad, you are free to stop using odrive at any time. If you have a paid account, you may cancel your account, where odrive has made this option available to you.
Likewise, we reserve the right to suspend, downgrade or disable your account, for whatever reason including but not limited to abuse, unintended use, no payment or late payment of fees. For free accounts, we reserve the right to delete your account if you haven’t accessed odrive for 90 days. Of course, we will provide you with advance notice to the email address associated with your account.
Your use of odrive is provided “as is”. odrive, its subsidiaries and affiliates, and its licensors disclaim all warranties, whether express or implied, including without limitation, warranties that the odrive product is merchantable and fit for your particular purposes. You bear the entire risk as to selecting the odrive product for your purposes and as to the quality and performance of the odrive product. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
Except as required by law, odrive, its subsidiaries and affiliates, and its licensors will not be liable for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in any way relating to your use of the odrive product. The collective liability under these terms will not exceed the amounts you paid in the prior 12 months. Some jurisdictions do not allow the exclusion or limitation of certain damages, so this exclusion and limitation may not apply to you.
The Terms constitute the entire agreement between you and odrive. These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict of law provisions. If any portion of these terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.
You and odrive agree to resolve any claims relating to the Terms through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in the County of Santa Clara, CA, unless agreed to otherwise. In the event that the agreement to arbitrate is found not to apply to your claim, you agree that any judicial proceeding must be brought in the County of Santa Clara, CA, and you agree to submit to the exclusive jurisdiction of those courts. Notwithstanding this, you agree that odrive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Even though odrive does not store any content and therefore cannot really do anything with regard to the content, we may still receive notices of certain types of content that is alleged to be offensive, illegal, private or confidential. odrive may take certain actions if we learn of the following types of content:
- Adult content
- Child pornography or pedophilia
- Hate speech
- Private and confidential information
- Illegal activities
- Malware, viruses, and phishing
If we determine that the content is offensive, illegal, private or confidential, we may or may not take one or more of the following actions, depending on the severity of the violation:
- Disable the user's odrive account
- Report the user and his or her content to law enforcement
At odrive, we recognize that privacy is important. In order to deliver odrive to you, we may collect the following types of information:
Cookies or tokens
When you access odrive, our servers automatically record information such as your web request, Internet Protocol address, browser type, and the date and time of your request.
When you send email or other communications to odrive, we may retain those communications in order to process your inquiries and respond to your requests.
Affiliated odrive sites
odrive respects copyright law and expects its users to do the same. However, as noted above and throughout these Terms, odrive does not store any of your content so the scope of actions we can take to address violations or even influence user action, is limited.
Nonetheless, odrive will respond expeditiously to properly issued notices of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found here: http://www.copyright.gov/legislation/dmca.pdf
You may want to consult your legal counsel to confirm these requirements.
To file a copyright infringement notification (“DMCA Notice”), please send a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please mail a signed DMCA Notice containing all of the completed items above to odrive at:
19989 Stevens Creek Boulevard
Cupertino, CA 95014
When we receive formal written complaints or requests from government or law enforcement agencies, it is odrive’s policy to cooperate with these enforcement actions and requests. We will seek to contact the impacted users who are the subject of the complaint, when it is possible and appropriate to do so. odrive assumes no liabilities for any damages that may result from responding to such government requests or complaints.