Terms of Service

Preamble

This website is operated by Scramble Cloud UG. Throughout the site, the terms “we”, “Scramble”, “us” and “our” refer to Scramble. Scramble offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.When you visit our Website and/or purchase something from us, you are using our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including the additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the Website, including but not limited to users who are visitors, providers, customers, merchants and/or content creators.Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.Any new features or tools added to the current Cloud will also be subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use or access the website after any changes have been posted, you will be deemed to have accepted those changes.

Contract, test and evaluation period

The test period of the product begins on 01.06.2023 and applies to the non-guaranteed maximum duration of one year. We reserve the right to refuse service to any person at any time for any reason. The service can have software bugs which can result in losing data.

Purchase of storage space

You have the option of purchasing storage space on our website for real money. Billing is either monthly or annually. The prices on our website are inclusive of value added tax, hereinafter VAT.You can choose between payment in advance or PayPal.

Changes to the service and prices

Prices for our storage solution are subject to change without notice. We reserve the right to change or discontinue the Service (or any part or content thereof) without notice at any time. Scramble shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household or per order. These limits may include orders placed from or under the same customer account or credit card and/or orders using the same billing address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed.We reserve the right to restrict or prohibit any extension of the store which, in our sole discretion, appears to have been placed for illegal purposes. You agree to provide current, complete and accurate purchase and account information for all storage upgrades made in our cloud. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

Availability of the product and your content

Scramble can be used with one of the following internet browsers and activated JavaScript: Google Chrome (min. Ver. 97.x), Chromium (min. Ver. 97.x), Mozilla Firefox (min. Ver. 96.x), Safari (min. Ver. 15.x), Opera (min. Ver. 83.x).Scramble is designed for the operating systems Windows, macOS and GNU/Linux. The minimum supported screen resolution is 1680×1050.We explicitly point out that we do not guarantee that there will be no data loss or that our product will be available at all times. In the event that our product is not available, we allow ourselves a reasonable amount of time to correct the error. Furthermore, we do not guarantee that your data will be error-free. You should always have copies of your stored data and download them before closing or deleting your account.

Usage

The software, operating on the service, remains property of the operator. The user gets a non-exclusive and non-transferable right of use. The user is only allowed to use the service for testing. Any use in a production environment or for commerical purposes is prohibited.The user must ensure that the service is not illegally used, copied or made accessible to third parties. The right to use the service, granted to the user, does not entitle the user to change the software operating on the service, disassemble it, reverse engineer or execute other measures that change the code form. In addition he isn’t allowed to delete or change copyright notices, serial numbers or other program identifications.Damage to any kind of improper or non-compliant use of the service shall be borne by the user.

Cloud security

We are constantly working to maintain the security of our product. However, we do not guarantee the availability, confidentiality and integrity of the data.

Prohibited Content

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content for any of the following:- for illegal purposes e.g. child pornographic content; copyright infringements- to violate any international, federal, provincial or state rules, regulations, laws or local ordinances.- to infringe or violate our intellectual property rights or the intellectual property rights of others.- to harass, abuse, insult, injure, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.- to upload or transmit any viruses or any other type of harmful code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet.

Disclaimer; Limitation of Liability

We do not warrant, represent or guarantee that the use of our service will be uninterrupted, timely, secure or error-free.We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. We do not guarantee that your files will be available in our cloud at all times and we cannot rule out file loss. You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you.You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.In no event shall Scramble, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) or independent liability, or otherwise arise out of the use of the Service or any products procured through the Service, or for any other claim relating in any way to the use of the Service or any product, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those countries or jurisdictions, our liability is limited to the maximum extent permitted by law.

Compensation

You agree to indemnify, defend and hold harmless Scramble and our associated companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability clause

If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severable from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any remaining provisions.

Termination

The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes. These Terms and Conditions are valid until terminated by you or us.You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you stop using our website. If, in our sole discretion, you fail or we suspect that you fail to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date and/or we will deny you access to our Services (or any part thereof).

Share User Account

We allow you to share the user account with third parties. However, please note that for any breach of the Terms and Conditions, the user account and its owner will be held liable.

Amendments to the General Terms and Conditions

You can view the latest version of the General Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website.It is your responsibility to check our website regularly for any changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions will constitute your acceptance of such changes.

Contact

Questions regarding the General Terms and Conditions should be sent to us at support@scramble.cloud.