Cloud Storage Agreement
Date of last revision: Tuesday, November 20, 2018
Magic Leap, Inc. (" Magic Leap", "we", our" or "us") provides certain cloud storage services (" cloud storage" for short) as part of our Services to help you backup and otherwise use certain content as you create new experiences.
Please read this Cloud Storage Agreement carefully. It is a binding and enforceable legal agreement between you and Magic Leap that governs your access to and use of cloud storage. If you can't agree to this Cloud Storage Agreement, that's ok; though, you may not use cloud storage unless you do. This Cloud Storage Agreement is an addendum to the Account Terms and Conditions (" Account Terms") (together with this Cloud Storage Agreement, our " Terms"), and cloud storage is one of the Services we provide to you pursuant to the Account Terms. Capitalized terms used in this Cloud Storage Agreement without definition have the meaning given to them in our Account Terms. Remember, our Account Terms (including the following notable provisions: "Agreement to Arbitrate and Waiver of Class Action," "Warranty Disclaimer and Limits on Liability," and "Governing Law and Venue") apply to all uses of your Magic Leap ID, including your access to and use of cloud storage. If there is any conflict between this Cloud Storage Agreement and our Account Terms, this Cloud Storage Agreement will prevail only as the conflict relates to cloud storage. If you opted out of the Arbitration Provision in our Account Terms, that opt-out will apply to disputes relating to this Cloud Storage Agreement too.
1. Cloud Storage Services
Cloud storage makes it possible for you to backup certain content (e.g., a copy of your pictures, videos, data files, models, graphics, sounds, contacts, messages, and files) (" Your Cloud Storage Content") in a Magic Leap One device or other hardware device(s) manufactured by or on behalf of Magic Leap (each, a " Device"), or as may be stored in a Magic Leap Mobile Application for iOS, Android, or another mobile platform (" mobile app" for short) (the Device and mobile app are each, a " Product").
As an example, if cloud storage is enabled for Gallery (the application you can use to showcase your favorite photos, videos, or 3D models), then Gallery will automatically upload compatible photos, 3D models, and videos you've captured on your Device to the cloud, and then make those files available for access via your mobile app. If cloud storage is enabled for your Settings menu, Settings will automatically save to the cloud certain Device and user settings, applications settings, your shared documents, and other Device-related information.
Your Magic Leap ID
Cloud storage may only be used for your personal use on the Products. You must be logged into your Magic Leap ID on the relevant Product in order to access and use cloud storage. You may not allow anyone else to access or use your cloud storage, and you agree to immediately notify us of any security breach of your Magic Leap ID or cloud storage. If you created a web-only Magic Leap ID (e.g., to access the Magic Leap Creator Portal), you will not have access to cloud storage. If multiple Magic Leap IDs are associated with a particular Device, we reserve the right to limit the number of Magic Leap IDs that can access and use cloud storage in association with that particular Device.
Cloud storage is automatically enabled when you sign-in to your Magic Leap ID on your Device during the setup process and you use any Magic Leap applications on your Device that allow you to access or use cloud storage functionality (each, a " Magic Leap App"). When you use a Magic Leap App, backups from such Magic Leap Apps will be automatically sent to and stored by Magic Leap so you can later access them. You can disable cloud storage from either the system settings or individual preferences menu in each Magic Leap App.
Magic Leap Apps, the mobile app, and other third-party apps that allow you to access or use cloud storage functionality are each a " Cloud-Enabled App." Magic Leap will not be responsible or liable for any third-party Cloud-Enabled App, including any failure of that app to backup Your Cloud Storage Content to cloud storage. Any data that the third-party Cloud-Enabled App stores in your cloud storage will count toward your storage capacity. Your use of cloud storage through approved third-party Cloud-Enabled Apps may be subject to additional terms and conditions from that third party.
Subject to your compliance with the Account Terms and this Agreement, your cloud storage is allocated up to 100 GB of storage capacity for use on the Products. We reserve the right to reallocate or discontinue your allocated cloud storage capacity at any time and in our sole discretion. Additional cloud storage is not available for purchase at this time. Exceeding your cloud storage capacity or the storage on your Device is prohibited and may prevent you from accessing or using cloud storage or using your Device as intended.
For Active Users
If a Cloud-Enabled App has not been backed up to cloud storage (or you have not used cloud storage) for one (1) year or more, we reserve the right to delete any of Your Cloud Storage Content associated with that Cloud-Enabled App that has been backed up to cloud storage. We are not responsible for any interruptions that may be caused due to deletions of Your Cloud Storage Content.
Currently, cloud storage is provided to you at no additional cost. We reserve the right to institute cloud storage as a paid service in the future, subject to additional billing or payment terms.
2. Use of Cloud Storage
Please don't misuse cloud storage. You may use cloud storage only for the purposes permitted by our Terms, and as permitted by U.S. law and other applicable law. If you're a "covered entity" or "business associate," as defined in 45 CFR § 160.103, you agree not to use any component, function, or other facility of cloud storage to create, receive, maintain, transmit any "protected health information" (as defined in 45 CFR § 160.103) or use cloud storage in any manner that would make Magic Leap or any Magic Leap subsidiary your or any third party's "business associate," as defined under 45 CFR § 160.103.
3. Intellectual Property and Ownership of Cloud Storage Content
We (or our licensors) own all legal right, title, and interest in cloud storage, including but not limited to the user interface, graphics, and software provided to you as part of or in connection with cloud storage. Nothing in this Agreement grants you any interest, title, or a license in cloud storage, or other resources used by you in connection with cloud storage. You agree not to resell, rent, trade, or distribute cloud storage (or any part thereof) for any purpose.
Notwithstanding anything to the contrary in the Account Terms, Your Cloud Storage Content belongs to you, and you retain any intellectual property rights in Your Cloud Storage Content. You represent and warrant that you (a) either control or own any of Your Cloud Storage Content, or you have obtained all rights necessary to store, upload, or transmit Your Cloud Storage Content via cloud storage in compliance with this Agreement; and (b) Your Cloud Storage Content, and your use thereof as permitted under this Agreement, will not infringe, misappropriate, or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules, or regulations. You hereby grant Magic Leap a worldwide license to use, host, reproduce, create derivative works, and distribute to our third-party service providers Your Cloud Storage Content to the extent needed for us to provide our Services (including cloud storage functionality). If there is suspicion that an account is being used for storage and distribution of any illegal content, we reserve the right to examine Your Cloud Storage Content. We may also access Your Cloud Storage Content for support-related activities.
4. Warranty Disclaimer and Limits on Liability
We strive to provide a great cloud storage experience, but there are certain things we can't guarantee. IN ADDITION TO THE WARRANTY DISCLAIMERS AND LIMITS ON LIABILITY IN THE ACCOUNT TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP DOES NOT GUARANTEE OR WARRANT THAT ANY OF YOUR THINGS IN CLOUD STORAGE OR YOUR ACCESS TO OR USE OF CLOUD STORAGE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THIS AGREEMENT, AND MAGIC LEAP IS NOT RESPONSIBLE SHOULD ANY DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. MAGIC LEAP DOES NOT GUARANTEE ANY MINIMUM SERVICE LEVEL AVAILABILITY, UPTIME OR BACKUPS OF CLOUD STORAGE. IT IS YOUR RESPONSIBILITY TO MAINTAIN ALTERNATE BACKUP COPIES OF ANYTHING YOU UPLOAD TO CLOUD STORAGE.
Assumption of Risk
Cloud storage, and parts thereof, may not be appropriate or available for use in any particular location. Cloud storage may not be available if the Product is not available or does not function as intended. YOU CHOOSE TO ACCESS AND USE CLOUD STORAGE AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. ANY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH CLOUD STORAGE IS DOWNLOADED AND ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY PRODUCT, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING CONTENT FROM CLOUD STORAGE.
CLOUD STORAGE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY CLOUD STORAGE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
5. Changes to Cloud Storage
Sometimes things happen. We reserve the right to at any time modify, suspend, or discontinue your ability to access or use cloud storage, or any part thereof, with or without notice to you. Magic Leap will not be liable to you or any third party should it exercise such rights.
6. Suspension / Termination
We may, in our sole discretion, immediately terminate this Cloud Storage Agreement and consequentially your access to cloud storage at any time if you violate our Terms, create possible legal liability to anyone, pose a security risk to our Products or Services, adversely impact our systems, or if we believe your use poses a health or safety risk to anyone. Magic Leap is entitled to take reasonable steps to protect itself, cloud storage, each Product, and our other systems from risk of harm or liability, which may include suspension or termination of your access or use of cloud storage. We take this very seriously. You may terminate this Cloud Storage Agreement at any time by permanently disabling cloud storage functionality on all Cloud-Enabled Apps and permanently discontinuing your use of cloud storage. If our Account Terms are terminated, this Cloud Storage Agreement will be automatically terminated.
If this Cloud Storage Agreement is terminated: (i) Your Cloud Storage Content that you have uploaded to cloud storage will be inaccessible, deleted, or deactivated, and (ii) your rights and obligations under this Agreement will terminate (other than the provisions that survive as described below). Even if this Cloud Storage Agreement is terminated, the following provisions in this Cloud Storage Agreement will continue to apply: Intellectual Property and Ownership of Cloud Storage Content, Warranty Disclaimer and Limits on Liability, and Suspension / Termination.
We will not have any liability for any termination of cloud storage.
7. Modifications to this Agreement
Magic Leap might make changes to this Cloud Storage Agreement. If we do, we'll make sure to notify you, for example, by sending a notification to your Magic Leap ID and/or giving notice through our Services. Unless we say otherwise in our notice, the revised Cloud Storage Agreement will be effective immediately and your continued use of your Magic Leap ID after we provide notice of the changes will confirm your acceptance of the revised Cloud Storage Agreement. We encourage you to review this Cloud Storage Agreement from time to time to ensure you understand the terms and conditions that apply to your use of cloud storage. Your lawyer friends can be super helpful with this.