CleanShot Cloud

Last update: August 20, 2020

Terms of Service

General terms of service

Please read these Terms of service carefully before using Services.

It is extremely important you understand your rights and responsibilities, so our cooperation goes smoothly and you are satisfied with our Services.

In our services you can upload a screenshot / screen recording to your CleanShot Cloud account and generate publicly available link. You can share that link with your friends and make it available for them at any time with any device having access to the Internet.

We also provide newsletter service for Users. If you are interested in receiving it, you can subscribe to it. If you wish to unsubscribe just use the bottom link in the message you got or inform us at hello@cleanshot.com.

The following terms and conditions govern all use of the CleanShot Cloud application, including cln.sh website (hereinafter: Services). By using any of CleanShot Cloud's Services, or accessing any of our websites you are agreeing to be bound by and comply with these Terms of service.

Acceptance of the Terms of service is voluntary, but it is a prerequisite for accessing and usage of Services.

Violation of any of the terms and conditions below will result in the termination of your account and stopping rendering Services immediately.

While we prohibit certain actions and content, you understand and agree that we cannot be responsible for the full content provided on the Services to which may be exposed to such materials. You agree to use the CleanShot Cloud application, including the cln.sh website at your own risk.

You are not allowed to use CleanShot Cloud to share and store content which CleanShot Cloud deems prohibited, including, but not limited to: pornography, racist content, offensive content, content to which you do not have rights.

Any comments, requests and complaints regarding the functioning of the Services provided by CleanShot Cloud should be reported to the email address hello@cleanshot.com.

The service provider is MTW Oślizło & Magiera s.c., headquartered in Poland, Wałowa 49, 44–300 Wodzisław Śląski.

General requirements for user's account

To use CleanShot Cloud Services you must:

  • be a natural person or legal person with full legal capacity;
  • provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
  • accept and respect Terms of service.

Your CleanShot Cloud account can only be used by one individual. A single login shared by multiple users is not permitted unless agreed to upon with one of our representatives. You may create separate login accounts for as many people as your plan allows for.

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify CleanShot Cloud of any unauthorized uses of your account or any other breaches of security. CleanShot Cloud will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Technical requirements

To use the Services, a device connected to the Internet and equipped with an appropriate web browser, compliant with generally available technological standards for home and mobile devices for 2020, is required.

In order to avoid potential threats, the CleanShot Cloud advises all users to provide electronic devices which are connected to the Internet with an antivirus program and to constantly update it.

In order to avoid potential threats, the CleanShot Cloud warns all users against the potential threat related to the activity of the so-called hackers, aimed at breaking into both the user's system and the CleanShot Cloud's.

The data transmission costs required to download and use the website and application are borne by the user himself.

The CleanShot Cloud is not responsible for any limitations or technical problems in systems used by users' devices that prevent or limit users from using the services.

If you share comments on the CleanShot Cloud's website or social media profile, they may be edited and deleted by CleanShot Cloud.

Users' responsibility

Content is every electronic file or link that you upload and store on your CleanShot Cloud account. You are responsible for all content uploaded into your account.

It is forbidden for all users to provide illegal content and to use the Services in a manner that is against the law, decency, regulations or infringes the personal rights of third parties. You are entirely responsible for the content and any harm resulting from that content.

By making any content available, you declare and warrant that:

  • the downloading, copying and use of any content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from employer to post or make available the content, including but not limited to any software, or (ii) secured from employer a waiver as to all rights in or to the content;
  • you have fully complied with any third-party licenses relating to the content, and has done all things necessary to successfully pass through to end users any required terms;
  • the content does not link to, contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
  • the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; user's account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

Without limiting any of those representations or warranties, CleanShot Cloud has the right (though not the obligation) to, in their sole discretion (i) refuse or remove any content that, in CleanShot Cloud's reasonable opinion, violates any CleanShot Cloud policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in CleanShot Cloud's sole discretion and without prior warning or subsequent notification to the individual account holder or entity, and CleanShot Cloud will have no obligation to provide a refund of any amounts previously paid.

Indemnification

You agree to indemnify and hold harmless CleanShot Cloud and it's provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

Cancellation and Termination

Upon the final acceptance of the terms of use of the System referred to in § 2 para. 2, an agreement for the provision of electronic services is concluded between the parties for an indefinite period (hereinafter: the Agreement)

CleanShot Cloud may terminate user's access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this Agreement or your CleanShot Cloud account (if you have one), you may simply discontinue using the Services and delete your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright and Content Ownership

As CleanShot Cloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to our Website violates your copyright, you are encouraged to notify CleanShot Cloud. CleanShot Cloud will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of CleanShot Cloud or others, CleanShot Cloud may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, CleanShot Cloud will have no obligation to provide a refund of any amounts previously paid to CleanShot Cloud.

Downgrading your service may cause the permanent loss access to your content, features, or capacity of your account.

The Services, including in particular software, graphic and functional layout, works, trademarks, logos, databases, texts, photos, graphics, sounds, IT programs and multimedia materials are subject to legal protection provided for in the applicable scope of the law.

All rights to the Services and all its elements are entitled to the CleanShot Cloud or third parties that we cooperate with.

The use of the content provided in the Services does not mean that you acquire any intangible rights to the shared works or databases.

Disclaimer

The Services are provided "as is". CleanShot Cloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CleanShot Cloud nor its suppliers and licensors makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

CleanShot Cloud does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

In no event will CleanShot Cloud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CleanShot Cloud under this agreement during the six (6) month period prior to the cause of action.

CleanShot Cloud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Miscellaneous

Accepting this Terms of service constitutes the entire agreement between CleanShot Cloud and you concerning the subject matter hereof.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

Modifications and amendments

CleanShot Cloud has the right to update and change the terms of service from time to time without prior notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes. New regulations shall be binding 14 days from the implementation date. CleanShot Cloud shall inform users about each and every change of Terms of service.

We reserve the right to change the prices of services included in the offer, introduce new services or products to the offer, carry out and cancel promotional campaigns in the Services or make changes to them.

Complaints

If you have any complaints or requests on our Services please contact us using email address: hello@cleanshot.com.

The complaint should contain the data necessary for its consideration, such as: User's contact details, the current version of the operating system installed on your device, as well as a detailed description and indication of the reason for the complaint.

CleanShot Cloud considers complaints within 7 working days of receipt of the complaint, but this period may be extended by a maximum of another 14 days in the event that the examination of the complaint requires a longer time.

We will inform you about the extension of the complaint examination period, indicating the period for which the complaint will be extended and the reason for the extension. Information on the extension of the examination of the complaint and its reason will be provided to the User.

In the event that the submitted complaint contains deficiencies that prevent its consideration, if it deems it necessary for the proper consideration of the complaint, we shall immediately contact you to supplement it, specifying the date, not shorter than 7 working days and the scope of this supplement, with instruction, that failure to complete the complaint within the specified period will result in leaving the complaint unrecognized. After the expiry of the deadline, the complaint shall not be considered.

The consumer has the right to use extrajudicial means of dealing with complaints and redress. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organizations whose statutory tasks include consumer protection, voivodeship inspectorates of the Trade Inspection and at the following website of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php

At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

Final Provisions

The User has no right to transfer the rights and obligations related to the performance of the Service, in whole or in part, to third parties without the prior written consent of the CleanShot Cloud otherwise null and void.

The company has the right to change the Regulations at any time. Amendments to the Regulations become binding for the Services purchased after its amendment.

In matters not covered by these Regulations, the provisions of Polish law shall apply.

Any disputes arising in connection with or on the occasion of non-performance or improper performance of the Service, the parties undertake to settle by mutual negotiations, and in the event of failure to reach an agreement, these disputes will be submitted to the court competent for the seat of the Company. The law applicable to the settlement of the dispute will be Polish law.

CleanShot Cloud has the right to update and change the terms of service from time to time without prior notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes. New regulations shall be binding 14 days from the implementation date. CleanShot Cloud shall inform users about each and every change of Terms of service.