Persistent DrivePersistent Drive

Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using Persistent Drive ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our cloud storage service operated by Persistent Drive, Inc. ("Company", "we", "us", or "our").

2. Description of Service

Persistent Drive provides cloud storage services that allow users to store, sync, and share files across multiple devices. The Service includes:

  • File storage and synchronization
  • Cross-platform access to stored files
  • File sharing capabilities
  • Data backup and recovery
  • Mobile and web applications

3. User Accounts

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the security of your account and password.

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree not to use the Service to:

  • Upload, store, or share content that is illegal, harmful, threatening, abusive, or offensive
  • Violate any intellectual property rights of others
  • Upload malware, viruses, or any other harmful code
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Use the Service for any commercial purpose without our written consent
  • Interfere with or disrupt the Service or servers
  • Violate any applicable laws or regulations

5. Storage Limits and Data

5.1 Storage Limits

Your account comes with storage limits based on your subscription plan. Additional storage can be purchased separately. We reserve the right to enforce storage limits and may suspend access if limits are exceeded.

5.2 Your Content

You retain ownership of all content you upload to the Service. By using the Service, you grant us a limited license to:

  • Store and backup your content
  • Provide the Service functionality (sync, share, etc.)
  • Comply with legal requirements

6. Payment and Subscription

6.1 Subscription Plans

We offer both free and paid subscription plans. Paid plans provide additional storage and features. Subscription fees are billed in advance on a monthly or annual basis.

6.2 Billing and Renewals

Subscriptions automatically renew unless cancelled before the renewal date. We reserve the right to change pricing with 30 days' notice.

6.3 Cancellation and Refunds

You may cancel your subscription at any time. Refunds are provided on a case-by-case basis and are generally not available for partial billing periods.

7. Service Availability

While we strive to provide 99.9% uptime, we do not guarantee that the Service will be available at all times. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

We reserve the right to suspend or terminate the Service for maintenance, upgrades, or other operational reasons with reasonable notice.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Persistent Drive and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your personal information.

We implement appropriate security measures to protect your data, including encryption at rest and in transit.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for any reason including:

  • Breach of these Terms
  • Violation of our Acceptable Use Policy
  • Non-payment of fees
  • Illegal or harmful activities

10.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Your data may be deleted after 30 days, though we may retain certain information as required by law.

11. Disclaimers and Limitations

11.1 Service Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation of Liability

In no event shall Persistent Drive be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

12. Indemnification

You agree to defend, indemnify, and hold harmless Persistent Drive from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Service or violation of these Terms.

13. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

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

  • Email: legal@persistentdrive.com
  • Address: 123 Cloud Street, Data City, DC 12345, United States
  • Phone: +1 (555) 123-4567

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.