HomeBranch Cloud Terms of Service

1. Agreement and eligibility

These Terms are an agreement between you and Oghamark LLC ("we", "us") governing your use of HomeBranch Cloud, including your account, your hosted library and your subscription.

You may create an account only if you are at least 18 years old, located in the United States, and legally able to enter this agreement. You must provide accurate information and register only for your own use. By creating an account you agree to these Terms and acknowledge the Privacy Notice.

2. Accounts and security

You are responsible for keeping your password secure and for activity on your account. Tell us promptly if you believe your account has been compromised. Accounts are personal and may not be sold, transferred or shared. Each library is private to its owner, and the service does not allow books to be shared between accounts.

3. Your content

You keep ownership of the files you upload. You grant us a limited license to store, process and display them to you, solely to operate the service for you. You may upload only files you have the legal right to store and use. Do not upload content that infringes another person's rights or violates the law, and do not use the service to distribute content to others.

4. Subscription, pricing and taxes

HomeBranch Cloud offers a free demo with up to 5 books, a Tier 2 plan for US $2.99 per month with 5 GiB of storage, and a Tier 3 plan for US $7.99 per month with 50 GiB of storage. Paid plans include unlimited books. Applicable taxes are shown before checkout. Paid subscriptions renew monthly until you cancel. By subscribing you authorize us and Stripe, our payment processor, to charge your payment method each billing period. You can cancel or update your payment method at any time from your account page, and cancellation takes effect at the end of the current billing period.

The demo does not require a payment card. A payment card is required to start a paid subscription, which begins billing immediately. You can cancel at any time from your account page by choosing Manage billing.

Existing subscribers may remain on their previous plan and price unless they choose to change plans.

We may change plan prices or storage allowances with at least 30 days' notice before your next renewal.

5. Failed payments, suspension and deletion

If a payment fails, your library becomes read-only for 7 days. You can still read and download your books, but you cannot upload, edit or delete. If payment is not resolved, your account is suspended and access is blocked. Suspended accounts and all stored files are permanently deleted 30 days after suspension. Download any books you want to keep before then.

6. Storage limit

Tier 1 includes 5 GiB of storage and a limit of 5 books. Tier 2 includes 5 GiB, and Tier 3 includes 50 GiB; the paid plans have no book-count limit. Uploads that would exceed your plan's limit are rejected. We do not delete your existing files because you reached a limit.

7. Availability and changes

The service is under active development and may change, experience interruptions or end. If we end the service we will give you reasonable notice and an opportunity to export your files. You should keep your own backups of your books.

8. Refunds

Subscription fees are generally non-refundable, except for duplicate or unauthorized charges, or where required by law. The demo does not require payment. Contact [email protected] with your account email and a description of the issue.

9. Termination

You may stop using the service and cancel at any time. We may suspend or terminate accounts that violate these Terms, put the service or other users at risk, or are required to be restricted by law.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS OR OPPORTUNITIES. OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US $100. These limits do not apply where prohibited by law.

12. Governing law and disputes

Kentucky law governs these Terms without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in a state or federal court with jurisdiction in Kentucky, and each party consents to that court's jurisdiction and venue. Before filing a claim, contact us and give us a reasonable opportunity to resolve the issue informally.

13. Copyright and DMCA notices

Oghamark LLC responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. 512). HomeBranch Cloud is a private storage service, and each library is visible only to its owner. To submit a notice, send [email protected] the following:

1. A physical or electronic signature of the rights holder or an authorized agent.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the specific title, edition or file on HomeBranch Cloud claimed to be infringing, with enough detail for us to locate it (for example, the account email and file name).
4. Your contact information, including address, telephone number and email address.
5. A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

On receipt of a compliant notice, we will remove or disable access to the identified material while we investigate. We may notify the affected account holder and, where applicable, follow a counter-notice process consistent with the DMCA before restoring access. We may terminate the account of a person found to be a repeat infringer.

14. General and contact

If part of these Terms is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may update these Terms; material changes get a new version and effective date.

Questions or legal notices: [email protected] or 212 N. 2nd St., STE 100, Richmond, KY 40475.