Terms of Service

Please read these Terms of Service carefully before using our services. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and 360eCloud, a DBA of 48395 Marketing LLC ("360eCloud," "we," "us," or "our") governing your access to and use of www.360ecloud.com and all related services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Description of Services

360eCloud operates an online cloud storage platform that enables users to securely upload, store, sync, and share files across devices. We provide file storage infrastructure but do not access, modify, or control the content of files you store unless required by law or to maintain service integrity.

Our services include:

• Cloud file storage and backup
• Real-time file synchronization across devices
• File sharing and collaboration tools
• Storage analytics and management
• Customer support via phone, email, and SMS/text message

2. Eligibility

To use our services, you must be at least 18 years of age, a legal resident of the United States, have the legal capacity to enter into a binding contract, and not be prohibited from using our services under applicable law. By using our services, you represent and warrant that you meet all eligibility requirements.

3. SMS / Text Message Communications - Consent and Terms

By submitting your phone number through any form on our website - including signup forms, contact forms, newsletter sign-ups, or any other lead capture form - you expressly consent to receive recurring automated SMS/text messages from 360eCloud and our affiliated partners, including:

• Account updates and storage alerts
• Service notifications and security alerts
• Customer service and support messages
• Promotional messages about 360eCloud products and services

Consent to receive SMS/text messages is NOT a condition of purchasing any product or using our services. Message frequency varies. Standard message and data rates may apply.

Opt-Out: Reply STOP to any text message to unsubscribe. We will send a final confirmation and cease all further SMS communications unless you re-subscribe.

Help: Reply HELP to any message or contact [email protected].

Re-subscription: Text START or contact [email protected] to re-subscribe.

TCPA Acknowledgment: By providing your phone number and submitting our forms, you are providing your prior express written consent under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, to receive autodialed and/or pre-recorded calls and SMS messages from 360eCloud and its partners. Consent is not a condition of purchase. You represent that you are the account holder or authorized user of the phone number provided.

4. User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information in all forms and communications
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes and in compliance with these Terms
• Not engage in any conduct that interferes with or disrupts our services or servers
• Not attempt to gain unauthorized access to any portion of our services
• Not use our services to transmit spam, malware, or harmful content
• Not store or share illegal, infringing, or harmful content
• Comply with all applicable local, state, federal, and international laws and regulations

5. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, including the receipt of SMS/text messages. Our Privacy Policy is available at: www.360ecloud.com/privacy

6. Disclaimers

Service availability: While we strive for 99.99% uptime, we do not guarantee uninterrupted access to our services. Scheduled maintenance, updates, and unforeseen technical issues may temporarily affect availability.

Data integrity: While we implement robust backup and redundancy systems, we recommend maintaining your own backups of critical files. We are not liable for data loss resulting from user error, third-party attacks, or force majeure events.

As-is basis: Our services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, 360eCloud and its officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of or inability to use our services.

In no event shall 360eCloud's total cumulative liability to you exceed the greater of (a) $100 USD or (b) the amount paid by you to 360eCloud in the twelve months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless 360eCloud and its officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of our services, your violation of these Terms, or your violation of any third-party rights.

9. Intellectual Property

All content, features, and functionality of our services - including text, graphics, logos, icons, images, and software - are the exclusive property of 360eCloud or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes only.

10. Third-Party Services and Links

Our services may contain links to third-party websites, products, or services. We do not control, endorse, or assume responsibility for third-party content or services. Your use of any third-party services is subject to their own terms and privacy policies.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute arising out of or related to your use of 360eCloud services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before initiating any formal dispute process, you agree to contact 360eCloud at [email protected] and provide a written description of the dispute, the relief requested, and your contact information. The parties agree to make good-faith efforts to resolve the dispute informally for a period of at least 30 days from the date the notice is received before either party initiates arbitration or court proceedings.

11.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our services, or our SMS/text message communications - including disputes regarding the applicability, enforceability, or scope of this arbitration clause - shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in New Castle County, Delaware, or by telephone or video conference at the election of the consumer. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. The arbitrator shall have exclusive authority to resolve all disputes, including threshold questions of arbitrability. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

11.4 CLASS ACTION WAIVER

YOU AND 360ECLOUD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO ANY CLAIM OR REQUEST FOR RELIEF, THEN THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT PURSUANT TO SECTION 11.5, AND THE REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

11.5 Injunctive and Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction in New Castle County, Delaware to prevent irreparable harm pending the outcome of arbitration. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for any such equitable proceedings.

11.6 Arbitration Opt-Out

You may opt out of the binding arbitration agreement in Section 11.3 by sending written notice to 360eCloud at [email protected] with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. If you opt out, all disputes shall be resolved exclusively in the state or federal courts of New Castle County, Delaware, and you consent to personal jurisdiction in those courts.

11.7 Severability

If any provision of this Section 11 is found unenforceable, the remaining provisions shall continue in full force and effect, except as specified in Section 11.4 regarding the class action waiver.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and, where appropriate, notify you via email or SMS. Your continued use of our services following the posting of revised Terms constitutes your acceptance of such changes.

13. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. Upon termination, all licenses and rights granted to you will immediately cease.

14. Contact Information