< SUPPLEMENTARY SAMSUNG CLOUD TERMS OF SERVICE >
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG CLOUD (same as Samsung Backup and restore, Galaxy Cloud, PERSONAL DATA MANAGEMENT) CAREFULLY BEFORE USING THE SAMSUNG CLOUD SERVICES. The SAMSUNG CLOUD services offer storage (and automatic transfer to your other SAMSUNG CLOUD-enabled devices or web browsers logged in with Samsung account) for some of your personal content, such as your contacts, calendars, and photos, as well as backing-up of some of your personal content created on or received through qualifying Samsung devices. Content that qualifies for the SAMSUNG CLOUD services will hereafter be referred to as “Content.” These supplementary terms of service for the SAMSUNG CLOUD services (the “SAMSUNG CLOUD TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as a user of the SAMSUNG CLOUD services. The SAMSUNG CLOUD TOS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to (or concurrently agree to along with this SAMSUNG CLOUD TOS) when opening a single sign-on user account with Samsung (the “Samsung account”). If you do not have a Samsung account yet, please read the Service Terms and Conditions that are provided through this link or under [https://account.samsung.com/membership/terms] and open a new Samsung account before using the SAMSUNG CLOUD services. Even though the most critical and important service terms are covered here in the SAMSUNG CLOUD TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the SAMSUNG CLOUD services are incorporated by reference into this SAMSUNG CLOUD TOS. In case of any inconsistency or conflict between the SAMSUNG CLOUD TOS and the Service Terms and Conditions, the SAMSUNG CLOUD TOS shall prevail in relation to the SAMSUNG CLOUD services.
1. Acceptance of the SAMSUNG CLOUD TOS
1.1 BY USING THE SAMSUNG CLOUD SERVICES, YOU AGREE TO BE BOUND BY THE SAMSUNG CLOUD TOS. IF YOU DO NOT AGREE TO THE SAMSUNG CLOUD TOS, PLEASE DO NOT USE THE SAMSUNG CLOUD SERVICES.
1.2 THE SAMSUNG CLOUD SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICES, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older, but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a “Minor”) to use the SAMSUNG CLOUD services, you agree to: (i) exercise supervision over the Minor’s use of the SAMSUNG CLOUD services; (ii) assume all risks associated with the Minor’s use of Content or other content received through the SAMSUNG CLOUD services including the transmission of materials, content, or other information to and from third parties via the internet; (iii) assume liabilities resulting from the Minor’s use of the SAMSUNG CLOUD services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor.
2. Provision of the SAMSUNG CLOUD Services by Samsung
2.1 The SAMSUNG CLOUD services are available for qualifying Samsung devices or web browsers logged in with Samsung account. If your Samsung device qualifies for the SAMSUNG CLOUD services, Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the SAMSUNG CLOUD services for your personal use only, provided that you comply fully with these SAMSUNG CLOUD TOS. You shall not interfere or attempt to interfere with the operation or use of SAMSUNG CLOUD services by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete, or otherwise change any portions of the SAMSUNG CLOUD TOS.
2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these SAMSUNG CLOUD TOS, then without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you, may: (i) terminate your use of the SAMSUNG CLOUD services, with you remaining liable for all amounts due up to and including the date of termination, (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the SAMSUNG CLOUD services and/or the Content, in whole or in part.
2.3 You acknowledge and agree that the SAMSUNG CLOUD services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
3. Your Use of the SAMSUNG CLOUD Services
3.1 In order to use the SAMSUNG CLOUD services, you are required to already have or newly open a Samsung account. In addition to the registration data provided about yourself when opening the Samsung account, you may be required to provide additional information about yourself before you can continue to use the SAMSUNG CLOUD services.
3.2 The SAMSUNG CLOUD services let you store your Content, such as your contacts, calendars, internet bookmarks, photos, videos, keyboard data, etc., as well as to automatically push such stored Content onto your mobile telephone or other communications devices, as authorized by Samsung (each referred to as an “Authorized Device”). The SAMSUNG CLOUD services also automatically back up some of your specific information such as call logs, SMS/MMS, app installation package data, app settings, music and document files, voice recordings, device settings information, etc. Supported Content items may differ by country, carrier, device, and OS. Samsung may service additional content categories, either as part of the SAMSUNG CLOUD services or in deep integration with the SAMSUNG CLOUD services.
3.3 Use of the SAMSUNG CLOUD services requires one or more compatible Authorized Devices, access or connection via mobile network or internet (fees may apply) and certain software (fees may apply), and may also require obtaining updates or upgrades from time to time. Because use of the SAMSUNG CLOUD services involves hardware, software, and internet access, your ability to use the SAMSUNG CLOUD services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3.4 The SAMSUNG CLOUD services may not be available to you in all languages or in all countries.
3.5 You may not use the SAMSUNG CLOUD services for any purpose that is unlawful or prohibited by the SAMSUNG CLOUD TOS. You are specifically prohibited from using the SAMSUNG CLOUD services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.
3.6 Samsung’s software that you utilize for the SAMSUNG CLOUD services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the SAMSUNG CLOUD services.
3.7 Samsung reserves the right to change the SAMSUNG CLOUD services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung reserves the right to change, suspend, remove, or disable access to the SAMSUNG CLOUD services, in whole or in part, at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions. The SAMSUNG CLOUD payment service, however, is subject to the additional SAMSUNG CLOUD payment terms and conditions. Samsung may, at any time and for any reason, terminate SAMSUNG CLOUD services, in whole or in part, by providing you with written notice of termination (details and the reason for the termination of service, service termination date, duration of period that allows you to back up your content, etc.) to the email address you provided to us when you registered for the services.
3.8 The SAMSUNG CLOUD services servers will be located in Korea and other regions. Samsung may move your Content to a separate server to protect your data securely if you have not accessed the SAMSUNG CLOUD services for more than three (3) months. If you then access the SAMSUNG CLOUD services again, your content will be moved back to the original server and the services may slow down.
3.9 Samsung may irretrievably delete all of your data in the event that you do not use Samsung Cloud services for more than twelve (12) months. Also note that if you do not use data in each of the specific content categories of your Samsung Cloud, such as contacts, calendars, photos, videos, keyboard data, etc., for more than twelve months, the respective content category and its data will be deleted and you will no longer be able to recover that data. Samsung will provide you with 30-day advance notice prior to the deletion of your data. For purposes of this provision, “use” or “used” shall mean accessing, uploading to, or downloading data from Samsung Cloud services. This Article 3.9 does not apply to paid service users.
3.10 If any of your devices have not backed up to Samsung Cloud for more than one year, Samsung reserves the right to delete any backups associated with such device. Note that the backup may include call logs, SMS/MMS, app installation package data, app settings, music and document files, voice recordings, and information on device settings. Samsung will notify you of the backup expiration date. You are entirely responsible for backing up or storing your content or information before the expiration date to avoid loss of your content. Samsung is not liable or responsible for any loss that occurs due to you not taking action to back up or store your content and/or data.
4. Protection of Privacy and Content
5.1 Even though the SAMSUNG CLOUD services will be initially offered to you free of charge, Samsung reserves the right to add fee-charging features and functionalities in the future.
6. Warranties, Representations, and Liability
6.1 THE SAMSUNG CLOUD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SAMSUNG MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SAMSUNG CLOUD SERVICES BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS.
6.2 You are responsible for backing up your Content to your own storage devices or media, as Samsung does not guarantee or warrant that you will always be able to retrieve the Content you store or back up through the SAMSUNG CLOUD services. You acknowledge and agree that, despite Samsung’s due care in providing the SAMSUNG CLOUD services, your Content may be subject to inadvertent corruption or loss.
7. Changes to the SAMSUNG CLOUD Terms of Service
7.1 Samsung may change the SAMSUNG CLOUD TOS. If the SAMSUNG CLOUD TOS is revised, Samsung will notify you at least 10 days before the effective date of the revised SAMSUNG CLOUD TOS. If there is a material change in the revision of the SAMSUNG CLOUD TOS, Samsung will notify you at least 30 days before the effective date of the revised SAMSUNG CLOUD TOS. Samsung will also notify you separately, such as by sending you an email or emails, etc.
7.2 By using the SAMSUNG CLOUD services after the date that the SAMSUNG CLOUD TOS is revised, you agree to be bound by the SAMSUNG CLOUD TOS.