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TERMS OF USE





 

Welcome to Cloudinary, a cloud-based image management solution (the “Service”,
as more fully described below). The Service is owned and operated by Cloudinary
Ltd. and these Terms of Use will govern the relationship between you and
Cloudinary Ltd., or the Cloudinary Ltd. subsidiary from which you are acquiring
(directly or through an authorized distributor or reseller) the Services, as
applicable (“Cloudinary“).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS” OR “TERMS
OF USE“), BECAUSE THEY, ALONG WITH OUR PRIVACY POLICY AND OUR DMCA COPYRIGHT
POLICY, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY
ACCESSING OR USING THE SERVICE, AND CLOUDINARY. BY ACCESSING THE SERVICE OR BY
USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO
NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

From time to time, Cloudinary may change the Terms to meet technical,
operational and legal changes. Cloudinary will post a notice about changes made
to the Terms on Cloudinary’s website, and may send you a notice by email, a
reasonable time before the changes take effect. You may choose by written notice
to Cloudinary to reject the amended Terms if the amendments adversely change
your rights and if Cloudinary does not agree that such amended terms will not
apply to you, terminate your account. By continuing to use your account with the
Service after the new changes have taken effect, you indicate your agreement to
the amended Terms.


ABOUT THE SERVICE

The Service is an online image and video management platform. The Service offers
a feature-rich solution for websites’ and applications’ use of images and
videos.

From time to time, Cloudinary may modify or enhance the Service, and may offer
additional tools and features, free-of-charge or subject to additional fees. The
additional tools and features may be governed by additional or different terms
of service.

From time to time, Cloudinary may offer its customers to subscribe to third
party add-ons that integrate with, or complement, the Service. Such third party
add-ons are owned and operated by the applicable third parties, may be subject
to separate terms of service and policies of such third parties, and Cloudinary
shall not be responsible or liable for such add-ons.


GRANT OF RIGHT

Subject to these Terms and to the payment of fees, if applicable, Cloudinary
grants you a worldwide, limited, non-exclusive, revocable, non-transferable,
non-sublicensable right to use the Service solely for your business purposes and
not for further commercialization or resale. Except as explicitly provided in
these Terms, you may not use the Service for any other purpose.


USER ACCOUNT

When you register, Cloudinary will ask you to provide certain contact and
personal details. Cloudinary will explicitly indicate the fields that are
mandatory to complete. False, incorrect, or outdated information, such as an
invalid email address, may prevent you from registering and impair Cloudinary’s
ability to provide you with the Service.

To login, you must provide your email address and password. Cloudinary may also
establish and require from time to time additional or different means of
identification and authentication for logging in and accessing the Service. You
will maintain your login details in absolute confidentiality. Make sure that you
change your password at least once every six months. You will immediately notify
to Cloudinary of any potential or actual misuse, unauthorized use, of your
account.

If your subscription terms expressly allow for termination at will, you may
terminate your account through your account page, or by contacting Cloudinary
via email at: https://cloudinary.com/contact. If your subscription is based on a
renewable fixed period, you may elect not to renew your subscription by sending
Cloudinary the applicable prior notice. Cloudinary may require you to verify
your identity by sending Cloudinary additional information, as a condition for
terminating your account. Following the termination of your account, you may no
longer be able to access the Service. You are not entitled to refund upon
termination of these Terms.

Notwithstanding any remedies that may be available to Cloudinary under any
applicable law, Cloudinary may temporarily or permanently deny, limit, suspend,
or terminate your user account, prohibit you from accessing the Service, remove
your content and take technical and legal measures to keep you off the Service
without refund, if Cloudinary determines in its sole discretion that you: (i)
abused your rights to use the Service; (ii) breached the Terms; (iii) violated
any applicable law, rule, or regulation; and/or (iv) performed any act or
omission which is harmful or likely to be harmful to us, or any other third
party, including other users or providers of the Service.


ACCEPTABLE USE OF THE SERVICE

When using the Service, you will abide by the applicable laws, rules and
regulations, and by any usage guidelines Cloudinary may convey to you from time
to time.

You may not access or use the Service for any illegal or abusive purposes, or to
develop or create a similar or competitive product or service to the Service.
You will be responsible for all acts and omissions associated with your access
and use of the Service and the access and use of the Service by employees,
agents, contractors, end-users and any other third party who may access or use
the Service on your behalf, or at your permission (“Authorized Users“).

You may allow your Authorized Users to upload, store, administrate, edit,
deliver, make available and distribute content (“Contributed Content“), subject
to any content upload technical and safety guidelines and limitations which will
be conveyed to you through your account dashboard, and amended from time to
time. Cloudinary may, but is under no duty to, review all Contributed Content
and remove or block access to such content, as more fully described below.

Any use of your account is subject to your sole responsibility. You will not,
and be responsible that your Authorized Users will not, access and use the
Service (including as to upload or transmit any Contributed Content) for any
illegal, harmful, fraudulent, offensive purpose or to transmit, store, display,
distribute or otherwise make available content that is infringing upon any third
party rights, illegal, harmful, supportive of or promoting violence or violent
extremism, advocating hatred against any person or group of people based on
their race, religion, ethnicity, sex, gender identity, sexual orientation,
disability, or impairment, indecent, obscene, defamatory, libelous, harassing,
threatening, fraudulent, offensive, enables online gambling or inconsistent with
the generally accepted practices of the Internet community, including without
limitation promoting or facilitating pornography, offering or disseminating
fraudulent goods, services, schemes, or promotions, spamming, make-money-fast
schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or
technology that may damage, interfere with, surreptitiously intercept, or
expropriate any system, program, or data, including viruses, Trojan horses,
worms or time bombs.


PRIVACY AND DATA PROTECTION

Cloudinary provides the Service subject to Cloudinary’s privacy policy and data
protection rules, located at https://cloudinary.com/privacy.


CONTENT REMOVAL

Cloudinary respects the copyrights of its users and any other person. If you
believe that your copyrights are abused on the Service, please send us a written
notification in accordance with the provisions specified
at: https://cloudinary.com/dmca (“DMCA Notice”). Cloudinary will act in
accordance with the Cloudinary DMCA Copyright Policy
(https://cloudinary.com/dmca) in any Contributed Content that is alleged to
infringe the copyright of any third party.

Cloudinary may report any Contributed Content and share user identifiable
information, if Cloudinary believes, in its sole discretion that such content is
illegal or abusive or may violate any third party rights.

Cloudinary respects the rights of its users and any other person. If you believe
that any of your rights, other than copyrights, are abused on the Service,
please contact Cloudinary at: https://cloudinary.com/contact. Cloudinary may ask
you to provide additional information to process your complaint. Cloudinary will
make reasonable efforts to review your complaint and respond promptly.
Cloudinary will not respond to anonymous complaints.

Cloudinary may remove any Contributed Content if Cloudinary believes, in its
sole discretion, or receives a notice, other than a DMCA Notice, from a third
party, that such content may violate any third party rights. Prior to removing
the said content, Cloudinary will block access to it and provide you a 48 hours
prior notice before removing the said content without maintaining any backup
copy.


SERVICE FEES

Cloudinary offers some of its plans free of charge.

Cloudinary also offers fee-based plans. You may use them subject to purchasing
one of the Service’s plans, as listed in Cloudinary’s website
at: https://cloudinary.com/pricing. From time to time, Cloudinary may change the
Service fees, upon reasonable prior notice that Cloudinary will post on its
website or send you by email.

You may pay the fees by using the methods of payments as available, published
and updated from time to time on the Service. Fees will be regarded as paid only
after your payment has been confirmed. The Service will be available to you
promptly after you have paid the Service fees. You acknowledge that fees are not
refundable.

Payments will include applicable taxes. You will pay all fees and taxes in a
timely manner and in compliance with Cloudinary’s pricing schedule and you will
reimburse Cloudinary for any interest and collection costs resulting from
overdue payments.

Note that if you use Cloudinary’s video distribution solutions and have more
than 100,000 subscribers, or use Cloudinary’s video distribution solutions to
distribute 12 minutes in length or longer videos, you may need an additional
third party license per the current terms of MPEG LA license for AVC/H.264
(required for encoding MP4 files). Please contact Cloudinary’s customer service
for further information at support@cloudinary.com.

Cloudinary will make its best efforts to have a transaction processed accurately
and expeditiously and reimburse you for any excess payment that you were
mistakenly charged with. However, Cloudinary will not be liable for mistakes,
errors, malfunctions and miscalculations made by the payment service providers.

Upon failure to make any payment, and following a seven (7) days prior notice of
due payments sent to you, Cloudinary may remove, disable or terminate your
account. You waive any and all claims against Cloudinary and anyone on
Cloudinary’s behalf in connection therewith.

If you acquire our Service from an authorized distributor or reseller and not
directly from us, your fee obligations will be instead to such distributor or
reseller, in which case we will provide you with the Service subject to: (i)
your compliance with such fee obligations towards such distributor or reseller,
(ii) your agreement with such distributor or reseller being in effect, and (iii)
such distributor or reseller being in compliance with its obligations to us.
Unless agreed by us separately and directly in writing towards you or such
distributor or reseller, none of the terms of any agreement that you may have
with such distributor or reseller will derogate from our rights and your
obligations under these Terms.


SERVICE LEVEL AGREEMENT (SLA)

Cloudinary strives for a 100% Uptime. “Uptime” means the percentage of time in a
subscription month that Cloudinary’s management console and Cloudinary’s API
services are available for access, as measured by Cloudinary. 

Information about our support plans can be found
here: https://cloudinary.com/pricing/support-plans. Cloudinary’s support SLA is
your sole and exclusive remedy for any failure by Cloudinary to provide the
Service.


INTELLECTUAL PROPERTY

Except for your Contributed Content, all rights, title and interest in and to
the Service, including any intellectual property rights, whether registered or
not, and any goodwill associated therewith, are owned by, or licensed to
Cloudinary Ltd. Unless as expressly provided herein, these Terms do not grant
you any rights to patents, copyrights, trademarks (whether registered or
unregistered), trade names, trade secrets, domain names or any other rights,
functions or licenses with respect to the Service and you may not use the
Service for any other purpose without Cloudinary’s prior, express written
authorization.

Cloudinary does not claim ownership over Contributed Content. However, you grant
Cloudinary permission to use your Contributed Content, for the purposes of
providing, developing and supporting the Service. You grant Cloudinary
permission to use your Company name and logo in Cloudinary website and any
Cloudinary issued publications. If you wish to decline Cloudinary’s use of your
name and logo, please contact Cloudinary at: support@cloudinary.com. You
acknowledge that Cloudinary may adjust and modify Contributed Content, per your
requests.


CONFIDENTIALITY

“Confidential Information” means any information furnished or made available by
one party to the other, that is identified as “confidential” or “proprietary,”
either by legend on written or electronically stored material, or which ought
reasonably to be recognized as confidential or proprietary by virtue of its
nature or the circumstances of its disclosure. The foregoing will not be
considered as Confidential Information of a party: (a) information already known
to the other party without an obligation of confidentiality, (b) information
that is or becomes publicly known other than through a breach by a party of
these confidentiality provisions, or (c) information that is independently
developed by the other party.

Each of Cloudinary and you will maintain strict confidentiality of the other’s
Confidential Information and will not use, disclose or have such Confidential
Information disclosed, directly or indirectly to any third party, except as
specifically required to provide or receive the Service, or subject to the other
party’s prior permission. Each of you and Cloudinary will take precautions to
maintain the confidentiality of the other party’s Confidential Information with
the same degree of care as to its own Confidential Information, but in no case
less than reasonable care. Upon termination of these Terms, either party will
use commercially reasonable efforts to delete all copies of the other’s
Confidential Information that is stored on its system or in its possession,
except for retaining data for legitimate business purposes or as required under
applicable laws, including under tax related requirements, account settling,
record keeping, archiving and legal issues.

If a party is compelled by law to disclose the other party’s confidential
information, then such party will provide the other party a prior notice of such
compelled disclosure (to the extent legally permitted) and reasonable
assistance, at the other party’s cost, if the other party wishes to contest the
disclosure.


DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE “AS IS”, WITHOUT
ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY,
SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND
EXCLUSIVE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDINARY AND ITS AFFILIATES EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES
WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS
OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR
SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR
WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, QUALITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING,
WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR
PERFORMANCE OF THE SERVICE WHETHER MADE BY CLOUDINARY AND ITS AFFILIATES’
EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO
BE A WARRANTY BY CLOUDINARY OR ITS AFFILIATES FOR ANY PURPOSE, OR GIVE RISE TO
ANY LIABILITY OF CLOUDINARY OR ITS AFFILIATES WHATSOEVER.


LIMITATION OF LIABILITY

CLOUDINARY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGE, COSTS, EXPENSES AND PAYMENTS OR FOR ANY LOSS OF
PROFIT OR LOSS OF DATA, EITHER IN TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), STRICT LIABILITY,
STATUTORY LIABILITY OR IN ANY OTHER CAUSE OF ACTION, ARISING FROM, OR IN
CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT CLOUDINARY OR ANY
SUCH AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS,
EXPENSES OR PAYMENTS.

CLOUDINARY AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS OR
CAUSES OF ACTION ARISING UNDER THESE TERMS OR OR IN CONNECTION WITH THE SERVICE,
WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING PRE-CONTRACTUAL
STATEMENTS), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY
OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY
RECEIVED BY CLOUDINARY FROM YOU DURING THE TWELVE (12) MONTHS BEFORE THE
OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, CLOUDINARY WILL NOT EXCLUDE OR
LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE;
FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY WHICH MAY NOT BE
LIMITED UNDER APPLICABLE LAW.


INDEMNIFICATION

You will indemnify, defend and hold harmless, Cloudinary, Cloudinary’s
affiliates and Cloudinary and Cloudinary affiliates’ employees, directors,
shareholders, advisors or anyone acting on Cloudinary’s behalf with respect of
any claim, demand, damage, loss, loss of profit, payment or expense, including
reasonable attorney fees Cloudinary incur in connection with an alleged or
actual breach of these Terms or an alleged or actual unlawful or tortuous action
or inaction with respect to the Service by you or by anyone on your behalf. Such
indemnity will include, but will not be limited to, legal expenses and attorney
fees.


GOVERNING LAW AND JURISDICTION

These Terms, the Service or any dispute arising out of or related thereto, will
be governed solely by: (i) the laws of the State of Israel or, (ii) if the
Cloudinary affiliate with which you (or the distributor or seller from whom you
acquired the Service) contracted is Cloudinary Inc. a Delaware corporation, the
laws of the State of California, USA, or (iii) if the Cloudinary affiliate with
which you (or the distributor or seller from whom you acquired the Service)
contracted is Cloudinary UK Ltd., the laws of England and Wales, in each case,
regardless of your country of origin or where you access the Service, and
without giving effect to any conflicts of law principles, which would result in
the application of the laws of a jurisdiction other than the State of Israel,
California or England and Wales, as applicable.

The competent courts in: (i) the Tel Aviv district in Israel or, (ii) if the
Cloudinary affiliate with which you (or the distributor or seller from whom you
acquired the Service) contracted is Cloudinary Inc. a Delaware corporation, the
Santa Clara County in California, USA or, (iii) if the Cloudinary affiliate with
which you (or the distributor or seller from whom you acquired the Service)
contracted is Cloudinary UK Ltd., London, England, will have sole and exclusive
jurisdiction over any claim in connection with the Service and in respect of any
matter relating to the validity, applicability, performance or interpretation of
these Terms. You agree to the exclusive jurisdiction of the above mentioned
courts, agree to accept service of process by any means permitted by the
applicable law and hereby waive any jurisdictional, conflict of law or venue
defenses otherwise available to you.


GENERAL

These Terms along with the Privacy Policy specified
at https://cloudinary.com/privacy  and the DMCA Copyright Policy specified
at: https://cloudinary.com/dmca constitute the entire agreement between you and
Cloudinary with respect to the access and use of the Service and supersede any
and all agreements, negotiations and understandings, whether written or oral,
about the Service, except that if you have separately entered with Cloudinary
into an online or written agreement or subscription form that incorporates by
reference these Term, any terms of such agreement or subscription form that add
to, conflict with or change, these Terms shall prevail.

No waiver, concession, extension, representation, alteration, addition or
derogation from these Terms will be effective unless effected in writing and
signed by the party whose waiver is made.

You may not assign your rights and obligations under these Terms without
Cloudinary’s prior written consent and any assignment without such prior written
consent will be void. Cloudinary may freely assign its rights and obligations
herein. Subject to any provisions herein with regard to assignment, all
covenants and agreements herein shall bind and inure to the benefit of the
respective heirs, executors, administrators, successors and assigns of the
parties hereto.


SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to
be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining
provisions of these Terms will remain in full force and effect.


CONTACT US

You may contact Cloudinary with any question about the Service, through the
contact form at: https://cloudinary.com/contact Cloudinary will make efforts to
address your inquiry promptly.

Last updated: May 10, 2022



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