Thank you for your interest in CloudMagic Service or Newton. We invite you to access our websites and use our Service (as defined below), but please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web sites in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our “Terms of Service”). You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to access or use our Service. If you do access our web site and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with CloudMagic, Inc. Palo Alto, California, (“CloudMagic”, “we”, and sometimes “us”).
You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at newtonhq.com/k/tos, and we will indicate the effective date of each update at the bottom of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
You acknowledge and expressly understand and agree that CloudMagic Inc. has rechristened the name of the application and the associated services from CloudMagic Service to Newton. The Terms of Service that were applicable to the users of CloudMagic Service shall apply mutatis mutandis to the users of Newton hereinafter.
You may use the Services only if you agree to form a binding contract with Newton and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
The CloudMagic Service or Newton consists of products, computer programs, widgets, browser extensions, mobile applications, Software, services and web sites hosted or made available by CloudMagic, which you may use for adding your cloud accounts and in turn search to locate a document, now known or hereafter developed (collectively, the “ CloudMagic Service” or “Newton”).
Subject to the terms and conditions within, these Terms of Service, CloudMagic grants you a limited, non-exclusive license to utilize Newton or CloudMagic Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving Newton under the laws of the United States. In order to access and/or use Newton , you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of Newton, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username and password to access or use Newton (the “Account Information”). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify CloudMagic of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access Newton, and all fees associated therewith (such as computing devices and Internet Service Provider and airtime charges).
Newton’s fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products. Under Newton's FUP, the maximum number of devices that you can use with a single Newton account is limited to 4. The maximum number of email accounts per Newton account is limited to 20.
You acknowledge and agree that all data, in whatever form and technical structure, stored using Newton (“Content”), are the sole responsibility of the person(s) creating such Content and introducing such Content into Newton. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with Newton , without obligation to any person.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is stored by anyone using your Account Information with Newton and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to CloudMagic that you have the unfettered legal rights and authority to permit you to add your Content to CloudMagic and / or Newton in connection with your use of Newton , and such submission and the grant to CloudMagic and / or Newton of the rights you grant herein in connection with CloudMagic’s offering and operation of Newton does not infringe the rights of any person or third party.You further agree to NOT:
CloudMagic acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you store in Newton, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that CloudMagic has no obligation to do so on your behalf.
CloudMagic hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by CloudMagic as part of Newton as provided to you by CloudMagic, for the sole purpose of enabling you to use and enjoy the benefit of Newton as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of searches, the number of cloud accounts you can add, the number of previews you can make, the number of actions you can take on a search result, the nature or size of any index or library information, the nature of, or your continued ability to access your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of CloudMagic actions may impair or prevent you from accessing your Content or using Newton at certain times and/or in the same way, for limited periods or permanently, and agree that CloudMagic has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
CloudMagic may from time to time engage certain affiliates or other third parties to provide all or part of services to be provided through Newton to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You understand that CloudMagic, in performing the required technical steps to provide the services through Newton to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
CloudMagic may from time to time include as part of the service computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. CloudMagic expressly disclaims any warranty or other assurance to you regarding such third party software.
You may discontinue your use of Newton at any time, for any or no reason and with or without notice. CloudMagic may also terminate the service, or your access to or use of Newton or your account, with or without notice. Reasons for CloudMagic terminating your account or service provided through Newton include, without limitation:
We may include the use of third party resources and/or links to third party websites as part of the service through Newton. We have no control over such sites and resources and, accordingly, you acknowledge and agree that
You agree to indemnify and hold CloudMagic, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the service through Newton, any violation of these Terms of Service or any other actions connected with your use of Newton (including all actions taken under your account) or any claims or losses incurred by us in relation to the use or possession of the content or material provided by you pursuant to this Agreement. In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOUDMAGIC, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUDMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE NEWTON; (ii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR CONTENT: (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING NEWTON; (v) CLOUDMAGIC’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; OR (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING NEWTON.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree that we may provide you with notices hereunder by email, regular mail, app notifications or postings on the web site(s) related to the affected portion of NEWTON, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current.
Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to CloudMagic must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms of Service.
CloudMagic reserves the right to change, modify, add or remove portions of the Terms of Service in its sole discretion at any time and without prior notice. Please check these Terms of Service periodically for any modifications. Your continued use of Newton and associated services following the posting of any changes will mean that you have accepted and agreed to the changes and agree to be bound by the then current modified Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the website and / or Newton. If you have any comments on this Terms of Service please email us at firstname.lastname@example.org or write to us at:
501 Forest Avenue, Suite PH3
Palo Alto, CA 94301
Last Updated: May 24, 2018