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Terms of Service

The terms that apply when you use Content Uploader’s website, web app and connectors, as a business or as a consumer.

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Key points

  • Content Uploader is for businesses and for private persons. If you buy as a consumer, you keep every right the law gives you, and you can withdraw from a paid subscription within 14 days for a full refund, even if you have used it.
  • Your content stays yours. You decide what’s published to your sites, and you’re responsible for it.
  • Owners decide who works in a workspace and with which sites, and are responsible for them.
  • Keep your own backups of your sites and data. Content Uploader isn’t a backup service.
  • Checks and previews reduce mistakes but can’t rule them out. Review what you publish. Automatic publishing is at your own risk.
  • For businesses, the service is provided “as is”, and our total liability is limited to what you paid us in the 12 months before a claim arose, or €100 if that’s more. Consumers keep their legal rights, which these limits never reduce.
  • Paid plans renew automatically until you cancel. You can export your data at any time, free of charge.

This summary is only a guide. The full terms below apply.

About these terms

These Terms of Service (“terms”) are a binding agreement between Peter Ader, trading as Freaked-Out I.S. (VAT number MT22300224), of 53, Għaxqet L-Għajn, Triq Carini, Santa Venera - Malta (“Content Uploader”, “we”, “us”), and the person, business or organization that uses Content Uploader (“you”). They apply to our website at contentuploader.com, the Content Uploader web app, our connectors and any related services (together, the “service”).

You accept these terms when you create an account, or otherwise when you first use the service. If you accept them for a company or other organization, you confirm that you’re authorized to bind it, and “you” means that organization. Everyone who joins your workspaces must also follow them, and accepts them for their own account. If you don’t agree, don’t use the service.

Businesses and consumers. The service is offered to businesses, sole traders and other professionals, and to consumers. A consumer is a person who uses it for purposes outside their trade, business, craft or profession. You tell us which you are when you give your billing details, before your first payment. If you use the service for both private and business purposes and the business purpose isn’t limited, you count as a business. By accepting these terms, you confirm that you’re at least 18 years old.

If you’re a consumer, Consumers applies to you and prevails wherever it conflicts with the rest of these terms. Provisions written for businesses, such as those on liability, indemnity, audits and late payment, apply to a consumer only as far as consumer law allows.

Our privacy policy explains how we handle personal data. Where we process personal data on your behalf, Data protection applies. If you’ve signed a separate written agreement with us, it takes precedence over these terms where the two conflict.

You accept these terms electronically, and we keep a record of which version you accepted and when. They’re written in English, and any translation is for convenience only. You can save or print this page for your records, and earlier versions are available on request.

Accounts and workspaces

  • Accurate details. Give us accurate and complete account and billing details, and keep them up to date. We send notices to the email address on your account.
  • Your sign-in. Keep your password, passkeys, recovery codes and any Google, GitHub, Microsoft or GitLab account you sign in with secure, and don’t share your account: everyone needs their own. We strongly recommend turning on two-factor authentication. You’re responsible for everything done through your account. If you suspect someone else is using it, change your password and tell us right away.
  • Workspace members. Who can do what in a workspace, and who is responsible for whom, is set out in Owners, team members and invitations. We don’t settle disagreements between the people in a workspace or decide who controls it.

Owners, team members and invitations

A workspace has one or more owners and can have team members. This section says who can do what, who is responsible for whom, and how invitations work. If you’re a consumer, it applies to you as far as Consumers allows.

  • Owners. The person who creates a workspace is its owner. Owners manage the workspace itself: for example, they choose and pay for the plan, connect and disconnect sites, invite and remove people, decide which sites each team member may use, and receive exports of the workspace’s data. We follow an owner’s instructions on these matters, and what an owner does counts as done by you.
  • Team members. An owner can give other people access to some of the workspace’s sites. Such a person is a team member. A team member works with the sites they were given and with what belongs to them, such as their configurations, uploads and publishing results, and doesn’t see the workspace’s other sites. Owners can see everything in the workspace. What each role can do is shown in the app.
  • Your responsibility for them. You’re responsible for your owners and team members as if you had done what they do yourself. You decide whom to invite and which sites to give them, and we don’t check who they are or whether they’re entitled to work with those sites. Giving someone a site lets them publish to it, so give it only to people you trust with that site, and only when you may let them, for example because the site’s owner has authorized it. Take access away when someone no longer needs it, for example when they leave your organization or finish working for you.
  • Each person accepts these terms. Every owner and team member accepts these terms for their own account and is responsible to us for it, for example for keeping their sign-in details secure and for following the acceptable use rules. A team member isn’t a party to your subscription: you pay for it, and refunds and credits go to you. Our total liability under Limitation of liability is one cap for you and your team members together, not one for each person.
  • Invitations. Only an owner can invite someone. The owner enters an email address and chooses the sites, and we email that address an invitation with a link. The link works once, for seven days, and only for an account that is signed in with that address, confirmed. The owner can withdraw an invitation or send it again at any time, which ends the earlier link. Invite only people who expect it, and don’t use invitations to send messages to anyone. We may limit how many invitations you can send, and may refuse them or suspend access if they’re misused. Someone who gets an invitation they don’t want can ignore it: nothing happens unless they accept.
  • How many people. How many people a workspace can have depends on its plan. The number counts the owners, the team members and the invitations that are still open, and the pricing page and the plan page in the app show it. If a plan allows fewer people than the workspace has, for example after a downgrade, nobody is removed, but no one can be invited until the number is below the limit.
  • When access ends. A team member’s access ends, at once, when an owner removes them or changes the sites they may use, when they leave the workspace or delete their account, and when the workspace is deleted or suspended as these terms allow. Someone who leaves or is removed keeps their account, and what they did in the workspace stays in its history. We’re not liable to a team member for what an owner decides.
  • People’s personal data. Owners can see their team members’ names and email addresses, the sites they may use and, in exports, what they did. Use that only to run the workspace. The privacy policy explains how we handle it, and Data protection applies to the addresses you invite.

The service

Content Uploader helps you prepare structured content from spreadsheets, check and preview it, and publish it, through connectors, to websites and online stores (“sites”). We don’t host your sites.

  • Changes to the service. The service evolves. We may add, change or remove features, file types, supported platforms and limits at any time. If we remove a significant feature of a paid plan you’re using, we’ll tell you in advance. If you then cancel, we’ll refund the prepaid fees for the rest of your billing period.
  • Limits. Plans and features may have usage limits, such as on file size, rows, sites, people in a workspace or runs. Current limits are shown on the pricing page, in the app or when you buy a plan.
  • Availability. We work to keep the service available, but we don’t guarantee any level of availability or performance unless we’ve agreed to it in writing. The service may be interrupted for maintenance, updates, security reasons or events beyond our control. Publishing runs in the background, and may be queued, delayed, retried or fail.
  • Free, trial and preview features. Free plans, trials and features marked as beta, preview or similar come without any commitment. We may change or end them at any time and, as far as the law allows, accept no liability for them. A Free workspace that nobody has used for 12 months is deleted, after we have emailed its owners twice, as the privacy policy describes. A workspace on a paid plan is not deleted for not being used.
  • Descriptions aren’t promises. Our website, documentation, emails and demos describe how the service is designed to work. They aren’t warranties or promises of any particular result. Our commitments are only those set out in these terms.

Plans, payment and invoices

  • Fees. You pay the fees for the plan you choose, as shown when you buy it. Unless stated otherwise, prices are in euros and shown without VAT. VAT is added where the law requires it, and you see the total, with VAT, on the payment page before you pay. Upgrades and downgrades are charged as shown before you confirm them.
  • Payment. Payments are handled by our payment processor, currently Stripe, under its own terms. We don’t receive or store your full card details. You authorize us to charge your chosen payment method, through our payment processor, for all fees when they’re due.
  • Automatic renewal. Subscriptions are paid in advance and renew automatically at the end of each billing period, for the same period and at the price then in effect, until you cancel. You can cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
  • Refunds. Fees are non-refundable, including for partly used billing periods, unused features and downgrades, unless these terms or mandatory law say otherwise. A consumer’s right of withdrawal is described in Consumers.
  • Price changes. We may change our prices. We’ll tell you at least 30 days in advance, and new prices apply from your first renewal after that. If you don’t accept them, cancel before that renewal.
  • Invoices and taxes. We issue an invoice for every payment and send it electronically, and you agree to receive invoices that way. We charge VAT where the law requires it. If you’re a business in another EU country and give us a valid VAT number, the reverse charge may apply, and you account for the VAT. If you’re a consumer, we charge VAT at your country’s rate where the law requires it. You’re responsible for the billing details and VAT number you give us, which appear on your invoices, and for any other taxes due on your side. If the law requires you to withhold tax from a payment, you’ll increase the payment so that we receive the full amount.
  • Late or failed payment. If a payment fails or is late, we may retry it and, after telling you, suspend paid features or the service until it’s paid. We may also charge late payment interest and recovery costs as the law allows for business transactions, but not to consumers except as consumer law allows. Disputing a valid charge with your bank or payment provider may lead to suspension.

Consumers

This section is for you if you use the service as a consumer: as a person who buys it for purposes outside their trade, business, craft or profession. It prevails over the rest of these terms wherever the two conflict.

  • Your legal rights stay. Nothing in these terms takes away or limits the rights that the mandatory consumer law of the country where you live gives you. The sections No warranties, Limitation of liability and Your indemnity, the one-year time limit for claims, audit rights, and late payment interest and recovery costs don’t apply to you as a consumer, except as far as consumer law allows them. Nor does the statement that you haven’t relied on anything outside these terms: what we tell you about the service before you buy, on our website, the pricing page and the payment page, is part of the contract as consumer law provides.
  • If the service doesn’t match the contract. We must provide the service as these terms, and our description of it before you bought, describe it. If it doesn’t, you have the remedies that consumer law gives you for digital services: to have it brought into conformity, to a reduction of the price, or to end the contract. Nothing limits our liability for death or personal injury, for intent or gross negligence, or for anything else that the law doesn’t let us limit towards a consumer.
  • Before you buy. The main features of each plan are on the pricing page. Who we are and how to reach us is at the top and the end of these terms. The total price, with VAT, is shown on the payment page before you pay. How subscriptions renew and how to cancel is in Plans, payment and invoices. The right of withdrawal is below.
  • Right of withdrawal. You can withdraw from a paid subscription within 14 days, without giving a reason, even if you have already used it. The 14 days end on the 14th day after the day you subscribed. The owner of the workspace can initiate the process from the workspace’s plan and billing page. You can also tell us clearly that you withdraw, for example by emailing legal@contentuploader.com with the name of your workspace and the email address of your account: you can use the model form below, but you don’t have to. It’s enough to send your statement before the 14 days end.
  • What happens when you withdraw. We confirm it by email at once. The workspace is suspended from then on: you can still sign in, read your history and look after your site connections, but nothing is uploaded, checked or published. We refund everything you paid for the subscription, VAT included, without undue delay and no later than 14 days after we learn of your decision, to the payment method you used, at no cost to you, and we don’t deduct anything for the time you used it. The workspace is then on the Free plan. Content that is already published stays on your sites, and you can still export your data.
  • Changes. We change the service or these terms only in the way and for the reasons these terms describe, and we tell you first. A change that is to your disadvantage, and more than minor, takes effect for you only after at least 30 days’ notice, and you can end the contract free of charge until 30 days after it takes effect: we refund prepaid fees for the rest of your billing period. Using the service after such a change isn’t accepting it: when a change takes effect, we ask you to accept the new version in the app, and you can’t use your workspaces until you do.
  • Law and courts. Maltese law governs these terms. If you live in another country, you also keep the protection of its mandatory consumer law: choosing Maltese law doesn’t take it away. You may bring a claim in the courts of Malta or in those of the place where you live. We may bring a claim against you only in the courts of the place where you live. The 30 days of talks that Governing law and disputes asks for before court proceedings don’t apply to you, but please write to us first: most problems are solved that way.
  • Complaints. Write to legal@contentuploader.com and we’ll reply. You can also complain to the consumer protection authority in your country, and you may be able to use an out-of-court dispute resolution body.

The model withdrawal form. Fill it in and send it only if you want to withdraw:

To Peter Ader, trading as Freaked-Out I.S., 53, Għaxqet L-Għajn, Triq Carini, Santa Venera - Malta, legal@contentuploader.com:

I hereby give notice that I withdraw from my contract for the supply of the following service: the Content Uploader subscription of the workspace [name of the workspace].

Subscribed on: [date]

Name of the consumer: [name]

Email address of the account: [email address]

Date: [date]

Your content

“Your content” means the files and data you or your workspace members upload or enter, what’s made from them, such as rows, configurations, mappings and change sets, and the content we publish to your sites on your instructions.

  • It stays yours. You keep all rights to your content. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, convert, display and transmit it, only as needed to provide, secure and support the service for you and to comply with the law. This licence ends when your content is deleted, except for copies in backups until they’re replaced.
  • You’re responsible for it. You’re solely responsible for your content. You must make sure you have every right, licence and consent needed to upload it and publish it to your sites, and that neither it nor its publication breaks any law or anyone’s rights, such as copyright, trademark, privacy, consumer protection or advertising rules.
  • We don’t check it. Apart from the automatic checks the service runs, we don’t review, verify or edit your content, and we’re not responsible for its accuracy, legality or quality, including any prices, availability or product details in it. Configurations, templates and fixed values produce content exactly as you set them up, and you’re responsible for the results.

Connected sites and connectors

To publish, you install a connector on your site and connect the site to a workspace. By connecting a site, you authorize us to read from it and write to it on your instructions, including when a configuration publishes automatically.

  • Your sites. You confirm that you own each site you connect, or that its owner has authorized you to connect it and publish to it. You remain responsible for your sites, including their hosting, security, updates, backups, themes, plugins, extensions and settings, and for following your hosting provider’s and platform’s terms.
  • Permissions. What publishing can do on a site depends on the permissions of the site account used to connect it. Connect with an account that has no more permissions than publishing needs.
  • Effects on your site. Publishing creates and changes content on your site, such as posts, pages, products, categories and tags, and those changes may not be reversible through Content Uploader. We’re not responsible for how your site, its software or its visitors handle published content, for conflicts with other software, or for effects on your site’s appearance, performance, search rankings, traffic or sales.
  • Connectors. Connectors are software you install on your own site. Each comes with its own licence, such as the GNU General Public License for our WordPress connector, and nothing in these terms limits the rights that licence gives you. Keep connectors up to date. We may stop supporting old connector or platform versions, and connections using them may then stop working until you update.
  • Connection interruptions. For security, connections must be renewed from time to time, and reconnecting is always free. Publishing to a site stops while it’s disconnected, expired or unreachable, or when changes on the site prevent it. We’re not responsible for publishing that’s delayed or missed as a result.
  • Platform names. WordPress, Joomla and other platform names are trademarks of their owners. Content Uploader isn’t affiliated with or endorsed by them.

Support

Paid plans include email support under our support policy, which is part of these terms. If the two conflict, these terms prevail. In short:

  • Who. Support is for the members of a workspace with an active paid subscription. Free plans have the documentation and public forums, without email support. We don’t support your clients or their users.
  • How. By email to support@contentuploader.com, from the email address on your account, in English, or on the Support page in the app. Other channels aren’t support.
  • Best effort. We don’t promise a response time, a resolution time or a fix for every problem, and buying a plan doesn’t create a service level agreement.
  • Scope. Support covers using the service and the connectors as documented, faults in them, and questions about your plan, invoices and account. It doesn’t cover doing setup, mapping or file preparation for you, your sites, hosting or other software, or advice. We may offer such work as paid work, at a price we quote before we start.
  • Declining. We may decline or stop support as the support policy describes, for example when there’s no active subscription, for old versions, unsupported environments or modified connector code.
  • Changes. We may update the support policy. If a change significantly reduces the support your plan includes, we’ll tell you at least 30 days in advance, and you can cancel and be refunded as described in The service.

Your responsibilities

You decide what gets published, so it’s your responsibility to:

  • Keep backups. Keep regular, tested backups of your sites, source files and anything else you can’t afford to lose, and make one before publishing significant changes. Content Uploader isn’t a backup or archive service: original upload files are deleted 30 days after upload, and deleting a workspace deletes its content.
  • Review before you publish. Check the preview and changes before you approve them. Validation, change detection, matching and previews reduce mistakes, but they can’t guarantee that content is correct or complete, matched to the right item, or published as you expect. When you publish, you approve the changes.
  • Choose automatic publishing with care. A configuration set to publish automatically publishes changes without anyone reviewing them. You accept the results as if you’d reviewed and approved them yourself.
  • Test first. Try new or changed configurations on a staging site or with a small file before using them on a live site.
  • Follow the law. Comply with the laws that apply to your content, your sites and your use of the service, including data protection, consumer protection, e-commerce and intellectual property laws.

Acceptable use

You must not, and must not help or allow anyone else to:

  • upload, store or publish content that is illegal, infringes anyone’s rights, is fraudulent or misleading, or contains malware
  • connect or publish to a site you’re not authorized to use, or use the service for spam or phishing
  • access, or try to access, other customers’ workspaces, data or sites, or get around sign-in, permissions, usage limits or security measures
  • probe, scan or test the security of the service without our written permission
  • overload or disrupt the service, for example with automated requests beyond normal use
  • resell, sublicense or rent the service, or offer it to others as a service of your own. Agencies may use it to publish to their clients’ sites
  • copy, decompile or reverse engineer the service, except as the law or a connector’s open-source licence allows
  • use the service to build a competing product
  • use the service in breach of sanctions or export control laws, or if you or your organization are subject to sanctions

Reporting illegal content

Anyone can report content stored on the service that they believe is illegal or breaks these terms by emailing legal@contentuploader.com. Say where the content is and why you believe it’s illegal, include your name and email address, and confirm that you believe in good faith that your report is accurate and complete. We’ll confirm that we received it and tell you what we decided.

People, not automated tools, review reports, carefully and objectively, and as quickly as we reasonably can. We don’t monitor content in general. Content on a customer’s own site is the responsibility of that site’s owner and host, so report it to them.

If we remove content or restrict an account because content is illegal or breaks these terms, we’ll tell the affected customer why, unless the law prevents it. They can contest our decision by replying to us, and they can also go to court.

Authorities, the European Commission and other official bodies can reach us at the same address, which is our single point of contact under the EU Digital Services Act. We communicate in English.

Data protection

Our privacy policy explains how we use personal data as a controller, such as your account details. When your content includes personal data, you or your organization control it, and we process it on your behalf as your processor. This section is our data processing agreement under Article 28 of the GDPR and applies to that processing.

  • What we process. Any personal data your content contains, such as names, email addresses and contact details of authors, staff, customers or other people, for as long as you use the service. We process it only to provide the service: to read, validate, compare, preview, store and publish your content to the sites you choose, and to keep your workspace history. Don’t upload special categories of personal data, such as health data, or data about criminal convictions, unless you’re lawfully entitled to publish it on your sites.
  • Invitations. The email addresses you give us to invite people to your workspaces are also personal data we process on your behalf, only to send the invitation and to check that the account that accepts it has that address. We delete them 30 days after the invitation was accepted, withdrawn or expired. Make sure you may give them to us and that the people expect to hear from you.
  • Your instructions. We process it only on your documented instructions, which are these terms and how you use and configure the service, unless the law requires otherwise. In that case we’ll tell you first, unless the law forbids it. We’ll tell you if we believe an instruction breaks data protection law.
  • Your obligations. You’re responsible for having a lawful basis to process and publish that data, for informing the people it concerns, and for the lawfulness of your instructions.
  • Confidentiality and security. Everyone we authorize to process it is bound by confidentiality. We protect it with the measures described in Security, as Article 32 of the GDPR requires.
  • Sub-processors. You authorize us to use sub-processors, such as our hosting provider, Host Europe, our file storage and backup provider, Amazon Web Services (AWS), and our email delivery provider. We bind them to the same data protection obligations by contract and remain responsible to you for them. We’ll tell you before adding or replacing one. You may object on reasonable data protection grounds, and if we can’t resolve your objection, you may cancel and receive a refund of prepaid fees for the rest of your billing period. Contact us for the current list.
  • Assistance. Taking into account the nature of the processing and the information available to us, we’ll help you respond to people exercising their data protection rights and meet your obligations on security, breach notification, data protection impact assessments and prior consultation. We may charge reasonable fees for help beyond what the service lets you do yourself.
  • Breaches. We’ll tell you without undue delay after becoming aware of a personal data breach affecting that data, and give you the information you reasonably need to meet your own obligations.
  • Location. We process it in the EU, as the privacy policy describes, and keep uploaded files in Amazon S3 storage in the EU. When you publish to a site outside the EU, the content goes there on your instructions.
  • Deletion. When your workspace is deleted, we delete the personal data in it, including from backups when they’re replaced, unless the law requires us to keep it. You can export it first, as described in Exporting your data.
  • Audits. We’ll make available the information you need to verify that we meet this section, and allow and contribute to audits, including inspections, by you or an independent auditor you appoint. We answer audit requests first with documentation and written answers to your reasonable questions. You pay all costs of audits and inspections, including the time we spend answering questions, preparing documents and taking part, at a reasonable hourly rate we’ll tell you before we start.
  • Inspections. An inspection takes place only if documentation and written answers can’t reasonably show that we meet this section, a supervisory authority requires it, or after a personal data breach affecting your data. Inspections are held remotely, unless that can’t reasonably achieve their purpose. They need 30 days’ notice, take place during business hours without disrupting the service, and happen at most once a year, except when a supervisory authority requires more or after a personal data breach. They cover only the processing of your personal data, without access to other customers’ data or our confidential information. Your auditor must be bound by confidentiality and mustn’t be one of our competitors.

Our liability under this section is subject to Limitation of liability, as far as the law allows. If your organization needs a signed data processing agreement, contact us.

Security

We take appropriate technical and organizational measures to protect the service and your content, including encrypted connections, hashed passwords, encryption of two-factor secrets and connection credentials, private file storage separated by workspace, and access limited to the people in a workspace and, for team members, to the sites an owner gave them.

No system is completely secure, and we don’t promise that the service, your content or your sites will be free from unauthorized access, attacks, malware, loss or corruption. As far as the law allows, we’re not liable for loss or damage caused by:

  • someone using the sign-in details, devices or email account of you or your workspace members
  • vulnerabilities, compromises or misconfiguration of your sites, their hosting, plugins, themes or other software
  • hacking, denial-of-service or other attacks by third parties, despite the measures we’ve taken

If we believe an account, workspace, connection or site is compromised or is a threat to the service or others, we may suspend it immediately. If you find a security vulnerability in the service, report it to legal@contentuploader.com and don’t exploit or disclose it before we’ve fixed it.

Our rights

  • The service is ours. The service, including its software, design, text and graphics, and the Content Uploader name and logo, belong to us or our licensors and are protected by intellectual property laws. While you’re allowed to use the service, we give you a limited, non-exclusive, non-transferable right to use it under these terms. We reserve all other rights.
  • Connectors are licensed under their own open-source licences, which this section doesn’t limit.
  • Feedback. If you send us ideas or suggestions, we may use them freely, without any obligation to you.

Third-party services

The service works with services we don’t control, such as your sites’ platforms and hosting, our payment processor and email providers. Their own terms govern your use of them. We’re not responsible for them, their availability or security, or for changes they make that affect the service.

No warranties

If you’re a consumer, this section applies to you only as far as Consumers allows.

As far as the law allows, the service, the connectors and everything else we provide are provided “as is” and “as available”, with all faults and without any warranties or conditions, whether express, implied or statutory. This includes any warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy or non-infringement, or that the service will be uninterrupted, secure, error-free or free of harmful components, work with your sites, files or other software, or meet your needs.

In particular, we don’t warrant that content will be published correctly, completely or on time, that items will be matched to the right existing content, that problems will be detected before publishing, or that data won’t be lost or damaged. We don’t give legal, tax or other professional advice.

Limitation of liability

If you’re a consumer, this section applies to you only as far as Consumers allows. The limits below never reduce a consumer’s legal rights.

Nothing in these terms limits or excludes liability that can’t be limited or excluded by law, such as liability for fraud, wilful misconduct or gross negligence, or for death or personal injury caused by negligence. Subject to that, and as far as the law allows:

  • No indirect losses. We’re not liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or for any loss of profit, revenue, sales, business, contracts, opportunities, goodwill, reputation or anticipated savings, or for business interruption, whether direct or indirect.
  • Data and sites. We’re not liable for loss, corruption, alteration or disclosure of data or content, for damage to, downtime of or changes to your sites, including content that’s overwritten, deleted, published incorrectly or not published, or for the cost of restoring data or sites.
  • Security incidents and outages. We’re not liable for loss or damage caused by unauthorized access to the service, your account or your sites, by hacking, malware or other attacks, or by failures of the internet, networks, hosting or other third-party services.
  • Total cap. Our total liability for all claims arising out of or relating to the service or these terms, together, is limited to the greater of the fees you paid us for the service in the 12 months before the event that gave rise to the first claim, or €100. This one cap covers you and your team members together.
  • Service problems. If the service doesn’t work as these terms describe, your sole remedy is for us to fix it within a reasonable time or, if we can’t, for you to cancel the affected subscription and receive a refund of prepaid fees for the rest of your billing period.
  • Time limit. You must bring any claim within one year after you knew, or should have known, of the facts giving rise to it.

These limits apply to all claims, whether in contract, tort, including negligence, breach of statutory duty or otherwise, even if we were told the loss was possible. They also protect our employees, contractors and suppliers. Our fees reflect this allocation of risk, and you can protect yourself through backups, review, testing and insurance.

Your indemnity

This section is for businesses. If you’re a consumer, it applies to you only as far as Consumers allows.

You’ll defend, indemnify and hold harmless us and our officers, employees and contractors against all claims, losses, damages, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:

  • your content, or its publication on your sites
  • your sites, and anyone’s use of them
  • use of the service by you or your workspace members, or any breach of these terms
  • your breach of any law or anyone’s rights, including data protection law in your role as controller

We’ll tell you about a claim promptly and give you reasonable help at your cost. You may control the defence, but you may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent.

Suspension and termination

  • You can leave at any time. Cancel your subscription to stop future renewals, or delete your account in your profile settings. If you’re the last member of a workspace, deleting your account deletes the workspace, as the privacy policy describes: it is locked at once, its paid subscription, if it has one, ends at once without a refund of the rest of the period (a consumer’s right of withdrawal stays as described in Consumers), and 30 days later its content is erased. Until then we can give it to a new account if you ask. Export anything you want to keep first: we can’t promise to recover deleted data.
  • We may suspend your access, a workspace, a connection or publishing, immediately and without notice, if we reasonably believe that you’ve breached these terms or haven’t paid fees that are due, that your use poses a security risk or could harm us, other customers or anyone else, or that the law requires it. Where it’s reasonable, we’ll tell you first and give you a chance to put things right. Fees remain due while your access is suspended.
  • We may end these terms and close your account with 30 days’ notice for any reason, in which case we’ll refund prepaid fees for the rest of your billing period. We may also end them immediately, by telling you, if you seriously or repeatedly breach these terms, don’t fix a breach within 14 days of our notice, don’t pay fees that are due, or become insolvent.
  • When these terms end, your right to use the service ends, and any fees you owe become due at once. You can still export your data, as described in Exporting your data. Terms that by their nature should continue, such as those on payment, your content, warranties, liability, indemnity and governing law, continue to apply.

Exporting your data

You can export your data at any time, including to switch to another provider or to your own systems, free of charge, as the EU Data Act provides.

  • What you can export. Your source files while we still keep them, the rows read from them, your configurations and their versions, change sets, publishing results, the people in the workspace with the sites each may use, and workspace activity history. Exports don’t include our software, connection credentials, which can’t be exported for security reasons, or data only about how the service works internally, such as security logs.
  • How. Use the export options in the app, where available, or ask us at legal@contentuploader.com. We send an export only to an owner of the workspace, because it holds the data of every site. We provide exports in structured, commonly used, machine-readable formats, such as CSV or JSON, and give you the information you need to plan your move, such as how the data is structured.
  • Timing. We start as soon as you ask and complete the export within 30 days. If that’s technically not feasible, we’ll tell you within 14 days of your request, explain why and propose a longer period of up to 7 months. Meanwhile, the service keeps running under these terms, we act with care to keep it secure and working, and we tell you about any known risks to continuity.
  • After the service ends. When your subscription ends, you have at least 30 days to retrieve your data, unless you’ve deleted it yourself. After that period, or once your switch is complete, we erase your exportable data, including from backups when they’re replaced, unless the law requires us to keep it. If you switch provider, these terms end once the switch is complete.

Changes to these terms

We may change these terms, for example to reflect changes to the service, the law or our business. We’ll publish the new version on this page with a new “Last updated” date. If a change significantly affects your rights, we’ll tell you by email or in the app at least 30 days before it takes effect, unless it’s required by law or urgently needed for security, in which case it can take effect sooner. If you’re a consumer, Consumers says how a change to your disadvantage takes effect.

When a new version takes effect, we ask you to accept it before you continue using the web app, and you can’t use your workspaces until you do. If you don’t accept a change, you can cancel before it takes effect, and we’ll refund prepaid fees for the rest of your billing period. If you keep using the service after a change takes effect, you accept it.

Governing law and disputes

If you’re a consumer, Consumers says where you can bring a claim and which consumer law protects you, and it prevails over this section.

These terms, and any dispute or claim arising out of or in connection with them or the service, including non-contractual disputes, are governed by the laws of Malta, without regard to its conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods doesn’t apply.

Before starting court proceedings, contact us and try in good faith to resolve the dispute for at least 30 days. The courts of Malta have exclusive jurisdiction, but we may seek urgent relief, or recover fees you owe, in the courts where you’re based.

General

  • Entire agreement. These terms, the privacy policy, the support policy and the plan details you accept are the entire agreement between you and us about the service, and replace any earlier agreements, proposals or statements. You haven’t relied on any statement or promise that isn’t set out in them. This doesn’t limit liability for fraud.
  • Transfer. You may not transfer your rights or obligations under these terms without our written consent. We may transfer ours, for example as part of a merger, acquisition or sale of our business, and we’ll tell you if we do.
  • Events beyond our control. We’re not liable for any delay or failure caused by events beyond our reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, government action, strikes, power or internet failures, failures of hosting or other providers, and cyberattacks.
  • Severability. If a court finds any part of these terms invalid or unenforceable, that part applies to the greatest extent the law allows, and the rest of the terms remain in force.
  • No waiver. If we don’t enforce a right, or delay doing so, we haven’t given it up.
  • Notices. We may send you notices by email to your account email address or in the app. Send legal notices to legal@contentuploader.com or to our postal address.
  • Relationship. We’re independent contractors. Nothing in these terms creates a partnership, joint venture, agency or employment relationship.
  • Third parties. No one other than you and us has rights under these terms, except as stated in Limitation of liability and Your indemnity.
  • Interpretation. Headings are for convenience only. Words like “including” and “such as” introduce examples and don’t limit what comes before them.

Contact us

Questions about these terms? Contact us:

legal@contentuploader.com

Or write to us at:

Peter Ader, trading as Freaked-Out I.S.53, Għaxqet L-GħajnTriq CariniSanta Venera - MaltaVAT number MT22300224

For questions about personal data, email privacy@contentuploader.com.