ZyCloud Terms of Service

Effective: 2026-05-08 Operator: Zyqual Ltd, a company incorporated in Jamaica.

Plain English. These are the rules. If you disagree with any of them, don't use ZyCloud.

For the privacy posture, see PRIVACY_POLICY.md. For the data processing terms offered to schools, see DATA_PROCESSING_AGREEMENT.md.

1. Who you are

You are an account holder. You confirm you are at least 16 years old and have the authority to enter into this agreement (whether for yourself or for an organisation you work for).

If you sign up on behalf of an institution, you confirm you are authorised to bind that institution.

2. The service

ZyCloud is a cloud storage service. We provide:

• A given amount of storage based on your plan.
• The ability to upload, download, share, and delete files.
• Tier-specific features as described in your plan and at cloud.zyqual.com/pricing.

We do our best to keep the service available 99.9% of the time. We do not promise more than that.

3. Your account

• You are responsible for keeping your password secret.
• You are responsible for everything that happens under your account.
• One account is one person or one institutional seat. Sharing accounts is not allowed.
• You must give us a working email address.

4. Your files

Your files are your files. You retain all rights to anything you upload.

You grant us a limited licence to store, process, and transmit your files to provide the service — including generating previews, computing checksums, generating AI embeddings (Pro+), and delivering shared content to recipients you authorise.

You agree not to upload files that are:

• Illegal under Jamaican law.
• Infringing on copyright or other intellectual property.
• Containing malware, including for "research" purposes.
• Used to host content for a public website (we are not a CDN).
• CSAM or other content prohibited under international law. We report any such material to the appropriate authorities and terminate the account immediately.

We reserve the right to suspend or terminate accounts that violate these rules.

5. Acceptable use

You will not:

• Attempt to circumvent quotas, rate limits, or signed-share-URL controls.
• Reverse-engineer the service or its protections.
• Resell ZyCloud capacity to third parties without a written reseller agreement (see docs/11-DECISIONS_LOG.md #13).
• Use the service to send unsolicited bulk communications.
• Probe, scan, or test the security of the service except under our bug bounty program (V2).

6. Pricing and billing

• Prices are listed in USD at cloud.zyqual.com/pricing.
• Subscriptions renew automatically until cancelled.
• Cancellation takes effect at the end of the current billing period.
• Annual subscriptions: refunds are prorated for cancellations within 30 days of renewal.
• We may change prices with at least 30 days' written notice. Changes apply to the next renewal.
• Failed payments enter a dunning sequence (3 / 7 / 14 days) before downgrade to Free.

7. Storage limits

• Each plan has a storage cap.
• At 100% used, new uploads are blocked. Existing files remain readable.
• We do not delete your files for being over quota.
• If you cancel and your usage exceeds the Free tier 500 MB cap, you have 90 days of read-only access to download or upgrade. After that, files are archived for 30 more days, then deleted.

8. Service changes

We may add, remove, or change features. For material changes that reduce functionality you paid for, we will provide a refund proportional to the period remaining and at least 30 days' notice.

9. Termination

You can cancel any time from account settings.

We can suspend or terminate your account if you violate these terms. We will give you reasonable notice and an opportunity to cure where the violation is fixable. We will not give notice for severe violations (CSAM, malware distribution, security probes outside the bug bounty).

On termination by us for cause: no refund. On termination by you: refund per §6. On termination by us without cause: prorated refund.

10. Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability is capped at the amount you paid us in the 12 months before the event giving rise to the claim, or USD 100, whichever is greater.
• We are not responsible for downtime caused by third parties (your ISP, our subprocessors as listed at SUBPROCESSORS.md, force majeure).

We are responsible for our own negligence, our own breaches of these terms, and our own breaches of the Jamaica Data Protection Act.

11. Warranty disclaimer

The service is provided "as is" and "as available." We disclaim implied warranties to the extent permitted by law.

We do not disclaim:

• That we will use commercially reasonable security measures.
• That we will follow our published privacy policy.
• That we will give you the rights guaranteed by the Jamaica DPA and equivalent law.

12. Indemnification

You will indemnify us against claims arising from:

• Your violation of these terms.
• Your unauthorised use of the service.
• Your infringement of third-party rights through content you upload.

We will indemnify you against claims that the service itself (as we provide it) infringes a third party's intellectual property rights.

13. Governing law

These terms are governed by the laws of Jamaica. Disputes are resolved in the courts of Jamaica.

You retain any non-waivable consumer rights you have under the law of your country of residence.

14. Changes to these terms

We will publish material changes 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you don't accept, cancel before the effective date.

15. Contact

• Legal: legal@zyqual.com
• Support: info@zyqual.com
• Postal: <!-- TODO: confirm with Leon — Zyqual Ltd registered postal address. -->

Last updated: 2026-05-08 Owner: Leon Pennicooke