Thanks for using Footprint! These terms of Use (or “Terms”) cover your use and access to our services, client software and websites (the “Services”). By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy and Terms of Use policies. If you’re using our Services for an organization, you agree to these Terms on behalf of that organization.
When you use our Services, you provide us with things like your files, content, email messages, contacts and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up and sharing it when you ask us to. Our Services also provide you with features like photos, diaries, videos storage, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you share Your Stuff with others, so please think carefully about what you share.
You’re responsible for your conduct, Your Stuff and you must comply with our Terms of Use. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms. That said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
Some of our Services allow you to download client software (“Software”) which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark and other laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property rights of others. It is our policy to respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services.
You can increase membership and storage space and add paid features to your account (turning your account into a premium Account. We’ll automatically bill you from the date you convert to a Premium Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
You may cancel your Footprint Premium Account at any time. Your Paid Account will remain in effect until it’s canceled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it, or ask you to do data migration and reduce your storage to free space levels.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
To the fullest extent permitted by law, except for any liability for Footprint or its affiliates’ fraud, fraudulent misrepresentation or gross negligence, in no event will Footprint be liable for:
(a) any indirect, special, incidental, punitive, exemplary or consequential damages,
(b) any loss of use, data, business or profits, regardless of legal theory.
This will be regardless of whether or not Footprint or any of its affiliates has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
Before filing a claim against Footprint, you agree to try to resolve the dispute informally by contacting us directly.
Footprint’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Footprint may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
