Terms of Service

By accessing or using VirtualDrive ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and VirtualDrive. You must be at least 13 years of age (16 in the EU) to use the Service.

VirtualDrive provides cloud-based file storage, synchronization, and sharing services accessible via web browser, iOS application, and Android application. The Service allows you to upload, store, organize, and share digital files subject to the storage limits of your chosen plan.

You must create an account to use the Service. You agree to provide accurate, current, and complete information and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

You agree not to use the Service to:

• Upload, store, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable • Infringe on any third party's intellectual property, privacy, or other rights • Upload malicious code, viruses, or any software designed to harm systems or users • Conduct unauthorized access to other systems or accounts • Use the Service for commercial spam or unsolicited communications • Resell, sublicense, or commercially exploit the Service without written authorization • Circumvent storage limits, security measures, or access controls • Use the Service in any manner that violates applicable local, state, national, or international law

We reserve the right to suspend or terminate your account immediately for violation of this section without notice or refund.

You retain full ownership of all files and content you upload to the Service ("Your Content"). By uploading Your Content, you grant VirtualDrive a limited, non-exclusive, royalty-free license to store, process, and serve Your Content solely for the purpose of providing the Service to you. We do not claim ownership of Your Content and will not use it for any other purpose.

You represent and warrant that you have all necessary rights to upload Your Content and that doing so does not violate any third-party rights or applicable law. You are solely responsible for Your Content and any consequences of uploading or sharing it.

Each account plan includes a specified storage allocation. You may not exceed your plan's storage limit. If you exceed your limit, upload functionality may be suspended until storage is freed or your plan is upgraded. VirtualDrive reserves the right to enforce storage limits with or without prior notice. Storage limits apply to total file size including all versions and temporary files.

Paid subscriptions are billed monthly or annually as selected at time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By providing payment information, you authorize us to charge your payment method on a recurring basis.

Prices are listed in USD and are subject to change with 30 days' notice. Continued use after a price change constitutes acceptance. We reserve the right to modify, suspend, or discontinue any plan.

For purchases made through the Apple App Store or Google Play Store, billing is managed by Apple or Google respectively, and their refund policies apply. For direct purchases, you may request a refund within 7 days of initial purchase if the Service has a material defect. No refunds are issued for partial billing periods upon cancellation.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the period ends. For App Store subscriptions, cancellation must be performed through your Apple ID or Google account settings — cancellation through us does not cancel App Store billing.

Upon account deletion, all Your Content will be permanently deleted within 30 days. Deleted content cannot be recovered after permanent deletion.

CRITICAL: VIRTUALDRIVE IS NOT A BACKUP SERVICE AND SHOULD NOT BE USED AS YOUR ONLY COPY OF IMPORTANT DATA.

WE DO NOT GUARANTEE THAT YOUR FILES WILL BE PRESERVED AGAINST ALL CIRCUMSTANCES. Data loss can occur due to hardware failure, software defects, user error, accidental deletion, cyberattacks, force majeure events, service discontinuation, or other causes beyond our control.

YOU ASSUME FULL RESPONSIBILITY FOR MAINTAINING INDEPENDENT BACKUPS OF ANY FILES YOU STORE ON VIRTUALDRIVE. WE ARE NOT LIABLE FOR ANY LOSS, CORRUPTION, OR INACCESSIBILITY OF YOUR DATA, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

This limitation applies to the maximum extent permitted by applicable law.

We target 99.9% uptime but do not guarantee uninterrupted, error-free, or secure access to the Service. The Service may be unavailable due to scheduled maintenance, emergency maintenance, hardware failures, network disruptions, or events beyond our control. We will use commercially reasonable efforts to notify users of planned downtime in advance.

WE ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM SERVICE INTERRUPTIONS, REGARDLESS OF CAUSE.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA STORED WILL BE ACCURATE, RELIABLE, OR PRESERVED; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUALDRIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES • LOSS OF DATA, FILES, OR CONTENT (WHETHER OR NOT BACKED UP) • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES • LOSS OF GOODWILL OR REPUTATION • COST OF SUBSTITUTE SERVICES • ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $10.00.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless VirtualDrive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your violation of any third-party rights; or (d) your violation of any applicable law.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved by binding individual arbitration under the rules of the American Arbitration Association, conducted in English.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You may only bring individual claims. Nothing in this section prevents either party from seeking emergency injunctive relief from a court.

This arbitration provision does not apply to users in the European Union, who retain their rights under applicable EU consumer protection law.

These Terms are governed by the laws of the United States, without regard to conflict of law principles. For EU users, mandatory consumer protection laws of your country of residence apply in addition to these Terms.

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include violation of these Terms, non-payment, fraudulent activity, or harmful conduct.

Upon termination: (a) your license to use the Service ends immediately; (b) we may delete Your Content after 30 days; (c) provisions that by their nature should survive termination shall survive, including Sections 9, 11, 12, 13, 14, and 15.

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of God, war, terrorism, riots, government actions, labor disputes, power failures, internet disruptions, or failures of third-party service providers.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and by posting a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your account.

For questions about these Terms: legal@virtualdrive.us For support: support@virtualdrive.us Website: virtualdrive.us