Thank you for using Oxygen Cloud (hereinafter referred to as “Oxygen”) to unify all your cloud storage, applications and compute. We hope you enjoy the power of better access, management, and automation.
There are a few things you should know.
While Oxygen unifies all your cloud storage, 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.
Oxygen is a product of Oxygen Cloud, Inc., a Delaware corporation, whose principal place of business is in Cupertino, CA, United States.
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 Oxygen in the user interface. Or;
(B) by actually using Oxygen. In this case, you understand and agree that Oxygen will treat your use of Oxygen 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. Or;
(D) by downloading a Terms of Service agreement that is included in your download of Beta versions of Oxygen, including but not limited to the Oxygen Toolkit.
Oxygen may update these terms as necessary from time to time. When that happens, we will make the updates available to read on www.oxygencloud.com. Your continued use of Oxygen will be considered acceptance of the updated terms.
If you are using Oxygen for an organization, you’re agreeing to the Terms on behalf of the organization.
Unless otherwise agreed in writing with Oxygen, your agreement with Oxygen will always include, at a minimum, the terms and conditions set out in this agreement.
Oxygen is constantly innovating in order to provide the best possible experience for its users. This means that the form and nature of Oxygen 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 Oxygen may stop (permanently or temporarily) providing some features or even Oxygen itself, without prior notice to you though we will do our best to let you know way ahead of time.
Likewise, you may stop using Oxygen at any time. You do not need to specifically inform Oxygen when you stop using Oxygen.
If Oxygen 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.
If you are using Oxygen in Beta or not paying any fees, Oxygen may disable your account for whatever reason it shall determine in its sole discretion. Oxygen will not be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in any way relating to your use of the Oxygen product.
It goes without saying that you agree to use Oxygen 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 Oxygen.
From time to time, the Oxygen team will make suggestions on some cool things you can do with Oxygen. This could include some pre-built scripts to enable automation of certain operations. Other than these suggestions, please do not use Oxygen by any means other than through the software that is provided by Oxygen.
If you use Oxygen in a way other that what is permitted, intended or suggested by Oxygen 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 Oxygen 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 Oxygen to deliver to you and our other users an awesome experience. So please refrain from any extreme activities that would stress out Oxygen.
Oxygen retains its absolute right to disable your account, for whatever reason including but not limited to abuse and unintended use. One example of abuse is utilizing a single user license for more than just yourself.
If you breach any term of this agreement or engage in any activity that results in loss or damage to Oxygen or to any third party, you agree that you will be solely responsible for such consequences.
Oxygen does not store any of your content. Oxygen 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, Oxygen are the sole responsibility of the person from whom such content originated. All such information is referred to as “Content”.
Oxygen does not claim any ownership rights to your Content. When you submit, post or display Content in Oxygen, we will use it only to provide the Oxygen service to you.
You, and not Oxygen, are solely responsible for any Content that you create, transmit or display while using Oxygen and for the consequences of your actions (including any loss or damage which Oxygen may suffer) by doing so.
You are responsible for protecting and enforcing any intellectual property rights which may subsist in that Content. Oxygen has no obligation to do so on your behalf.
Oxygen 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).
Oxygen owns all legal right, title and interest in and to Oxygen, 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 Oxygen other than what is specifically stated in these Terms. For example, you are not granted any rights to use any of Oxygen’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Oxygen gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Oxygen (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 Oxygen. Oxygen is not liable for any associated consequences or damages incurred by you.
When you first sign up for Oxygen, you will be able to use certain aspects and certain features of Oxygen, for free. At some point, you may pay because you find enough value in your use of Oxygen and want to get more value.
We will strive to make very transparent and straightforward how to buy the upgrade feature, or cancel the subscription, whatever the case may be.
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.
You are free to stop using Oxygen at any time. If you have a paid account, you may cancel your account, where Oxygen 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 Oxygen for 90 days. Of course, we will provide you with advance notice to the email address associated with your account.
Your use of Oxygen is provided “as is”. Oxygen, its subsidiaries and affiliates, and its licensors disclaim all warranties, whether express or implied, including without limitation, warranties that the Oxygen product is merchantable and fit for your particular purposes. You bear the entire risk as to selecting the Oxygen product for your purposes and as to the quality and performance of the Oxygen 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, Oxygen, 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 Oxygen 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 Oxygen. 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 Oxygen 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 Oxygen shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Even though Oxygen 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. Oxygen 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 Oxygen account
- Report the user and his or her content to law enforcement
At Oxygen, we recognize that privacy is important. In order to deliver Oxygen to you, we may collect the following types of information:
Cookies or tokens
When you access Oxygen, 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 Oxygen, we may retain those communications in order to process your inquiries and respond to your requests.
Affiliated odrive sites
We don’t actually store any of your content. Your content is stored on the Third Party Sources you have already chosen to store your content. We simply provide you access to the content.
You may update or correct information about you at any time by logging into your online account and modifying your information contained in your "Profile" settings page. If you want to delete your account, you can email us at email@example.com. We will respond to your request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.
We will retain personal data we process on behalf of our customers as directed by paying customers. Oxygen will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
Upon request, Oxygen will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of. To request this information, contact us at firstname.lastname@example.org.
Oxygen respects copyright law and expects its users to do the same. However, as noted above and throughout these Terms, Oxygen 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, Oxygen 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 Oxygen at:
10325 Dempster Avenue
Cupertino, CA 95014
When we receive formal written complaints or requests from government or law enforcement agencies, it is Oxygen’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. Oxygen assumes no liabilities for any damages that may result from responding to such government requests or complaints.