Legal

Definitions

1. “C2”: Synology Cloud², a cloud storage service operated by Synology for Synology NAS.
2. “Personal Data”: Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
3. “Data Center”: Places where Synology hosts C2 servers and stores your data. Your data is stored in a data center located in either Frankfurt am Main (Germany) or Tukwila (Washington State, United States) depending on your choice. Synology may add new data centers in the future.
4. “The Plan(s)”: Different pricing plans for the Services in terms of features, storage size, and cost.
5. “C2 Express Box”: A physical transfer service provided upon request and subject to extra payment. A physical device is provided on which your data can be stored to speed up the transfer of your data from your NAS to your account at C2 or from your account at C2 to your NAS.
6. “C2 Partner”: A Partner appointed by Synology under its Synology C2 Partner Program which incorporates C2 Services into their services for their customers.

C2 Services

1. Synology will provide the following services to you during the term specified in the Plan when you have access to the Services:
   1. Providing storage space in a Data Center to which you can back up your data. The amount of storage space depends on the Plan you subscribe to. The Data Center depends on the location of the Data Center you select.
   2. Recovering your data from C2 servers.
   3. Providing C2 Express Box services at an additional fee to speed up your data transfer between C2 Data Centers and your NAS.
2. Your Limited Right to Use the Services:
   You are only entitled to use the Services as specified in Clause 2.1 in accordance with your purchased plan. Synology reserves all rights (including but not limited to intellectual property rights) to C2 and the Services. Unless applicable law gives you more rights despite this limitation, you may use C2 and the Services only as expressly permitted in this Agreement and your Service plan. In doing so, you must comply with any technical limitations in the Services that only allow you to use it in certain manners. You may not:
   1. evade any technical limitations in C2 or the Services by any means;
   2. rent, distribute, license, lease or lend C2 or the Services to any third party without Synology’s consent;
   3. reverse engineer, decompile or disassemble any part or whole of C2, except and only to the extent that applicable law expressly permits, despite this limitation.
3. Your Further Use of Other Data Centers:
   During the term specified in your Plan, you may choose to purchase another Plan at a Data Center other than the one you have chosen for the same account at C2. For example, if you choose Frankfurt am Main to be the Data Center of your account in your first Plan, you may add Tukwila as a second Data Center under the same account , but this requires that you purchase another Plan. If you use C2 Services through your C2 Partner, please contact the C2 Partner for your Plan details.
4. Synology will not access, use, read, obtain, or transfer any data you store in its Data Centers except if you request C2 Express Box service or as required under applicable laws or regulations, and even the
5. Synology will provide the Services with an availability of industry-standard protection techniques.
6. Synology retains the right to make modifications to C2 and the Services and to update the hardware and software required for the implementation of the Services. If such modification requires your cooperation or compliance for your use of the Services, Synology will inform you in advance.
7. Synology retains the right to outsource all or part of the Services to its subcontractors. Synology will be responsible for the performance of the subcontractors, if any, and their compliance with Synology’s standards and requirements.

Your Obligations

1. If you are deemed to be a minor in your country of residence, and are not signing this Agreement on behalf of an entity, you shall obtain your parent’s or legal guardian’s consent to legally use the Services. If you do not obtain such consent from the above, you may not use the Services.
2. By using the Services, you agree to the following:
   1. To comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including but not limited to those governing account collection, personal data protection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
   2. To not use the Services to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worms or other harmful or destructive components.
   3. To not use the Services to store any data that is not compliant with applicable laws, rules and regulations or that infringe on the rights of any third party.
   4. To not to use the Services to interfere with or disrupt any other networks connected to the Services.
   5. To not use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
   6. To not use the Services to engage in activities that may violate the privacy of others.
   7. To not in any other way infringe or damage the rights of Synology or any third parties.
3. You are solely responsible for any third party’s use of the Services through your account at C2. You shall defend, indemnify and hold harmless Synology, its affiliated companies and their independent contractors, service providers and consultants, and their respective directors, employees, and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your unlawful use of the Services or your violation of the rights of any third party, if any.
4. You are not allowed to transfer any right of this Agreement or any part of the Services granted to you under this Agreement to any third party, without Synology’s advance written permission.

Term

1. The term of this Agreement depends on the term specified in the Plan you or your C2 Partner purchase.
2. This Agreement will be automatically renewed for the same term of the Plan you or your C2 Partner purchase upon the expiry day, unless you or your C2 Partner disables automatic plan renewal according to Clause 6.4.

Data Protection

1. If you use the Services to store any Personal Data, you are solely responsible for ensuring that such Personal Data is stored in accordance with applicable data protection laws. If Synology notices that any of your conduct is not in compliance with applicable data protection laws, Synology may, but has no obligation to, inform you accordingly. Please refer to the Synology C2 Data Processing Agreement for more details on our data protection policy.
2. You consent to the processing of your Personal Data by Synology in the establishment of your account at C2 and management thereof, and for the rendering of Services to you. You consent that Personal Data collected under this Agreement, if any, may be transferred, stored and processed by Synology in Taiwan or any other jurisdiction in which Synology’s Data Centers are located, or by Synology’s worldwide affiliates, for the purpose of rendering the Services to you.
3. Synology abides by applicable privacy and data protection laws (including but not limited to GDPR regarding the collection, use, transfer and retention of data from the European Union and the European Economic Area). For more information about how Synology processes your Personal Data, please refer to the Synology Privacy Policy.

Purchase and Payment

1. Depending on your requirements, you may choose a Plan or a 30-day free trial for your use of the Services.
2. For your use of the Services, you shall pay the amount shown on your C2 console. The credit card you provide therefore will be billed on the date you purchase the Plan. The price shall depend on the Plan and the Data Center you choose. The price (applicable taxes excluded) of each Plan is shown when you choose your Plan on the C2 console . You shall pay the full amount of the price shown on the C2 console without any deduction, offset or withholding of any kind or nature or for any reason whatsoever.
3. Synology will send a notice to you three (3) days before the expiry date of your Plan. If you do not want to continue to use the Services, you must disable “automatic renewal” in the C2 console before the expiry date of your Plan or the end of your 30-day free trial. Your plan will in that case expire on the expiry date.
4. On the expiry date of your Plan, your purchase of the Services will be automatically renewed and your credit card will be re-billed in accordance with the Plan to which you subscribed, unless you have disabled “automatic renewal” in the C2 console. On the seventh (7th) day after the expiration of the subscription for which you have disabled automatic renewal on the C2 Portal, or for which you have failed to make a payment for any reason within 7 days after the transaction date (the “Transaction Date”) shown in the Portal, your Synology NAS will cease backing up data to C2. Your data will remain available for restoration to your Synology NAS and for download using the C2 web portal until 21 days after the expiration of your subscription. If you do not make a payment within 30 days after the Transaction Date, all backed-up data stored on the C2 servers will be deleted. Services will also cease and your data will be deleted according to the same schedule if you do not purchase a subscription after the expiration day of a 30-day free trial.
5. Synology retains the right to adjust or change the content of the Plans and will inform you of material changes to the Plans at least 30 days in advance of the effective date of such changes or adjustments. No such change or adjustment will prejudice your rights under your chosen Plan.
6. This Clause 6 does not apply to you using C2 Services through your C2 Partner. The purchase of C2 Services by C2 Partner, the Partner’s payment for the Services and related issues shall be subject to the Synology C2 Partner Program Agreement. Your use of the Services and payment thereon to the C2 Partner shall be governed by your contractual relationship with the C2 Partner.

Liability and Indemnities

1. Synology will not be liable for:
   1. any loss of your data and/or programs insofar as the damages.
   2. any special, indirect or consequential loss or damage, and other pure financial losses.
   3. any loss of revenue or income, profits, or anticipated savings.
   4. any loss of production, business, contracts or opportunities.
   5. any losses arising out of an event, or a series of related events, that is outside the reasonable control of Synology, including but limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, and wars.
2. You shall indemnify Synology against any and all liabilities, damages, losses, costs, and expenses suffered or incurred by Synology and arising as a result of any breach by you of this Agreement and the applicable law or regulations.

Measures to Your Breach of this Agreement

1. You shall be informed if Synology notices that you have violated the terms of this Agreement. If you breach any provision of this Agreement and fail to remedy the breach within 10 days after Synology’s notice or such breach is not remediable, in addition to the remedies under this Agreement and the applicable law, Synology retains the right to:
   1. terminate of your use of Services;
   2. remove or stop the accessibility of your data via the internet entirely or partially;
   3. deactivate or uninstall any programs, scripts or similar items installed by you that may endanger or impair the operation of the C2 server, the data communications network, or the security and integrity of the data stored on the C2 servers; and/or
   4. suspend your connection to the C2 server where your data is stored.

Disclaimer

Except as expressly provided to the contrary in this Agreement, the Services are provided on an “as is” basis without warranties of any kind, either express or implied. Synology and its affiliated companies disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to this Agreement, the Services, the information, content and all other materials in the website of Synology.

Termination

1. You cannot cancel active Plan(s), yet you may terminate the Services without providing any cause at any time during the term of this Agreement. Upon termination of Services, your backed-up data will be deleted and no refunds will be made to you for the remaining period of the Plan unless required by applicable laws.
2. Clause 10.1 does not apply to users who use the Services through a C2 Partner. The termination of C2 Services purchased through a C2 Partner and related refund issue shall be governed by users’ contractual relationship with the C2 Partner.

Modification

Synology reserves the right to change or modify this Agreement, any policy, and any content contained on the website of the Services at any time. Any changes or modification will be effective immediately upon posting of the revisions, and you will receive notice of material changes or modifications. Your continued use of the Services will confirm your acceptance of such changes or modifications. You are encouraged to check the content of this Agreement and our website regularly.

Severability

1. If a part of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, its other parts will continue in effect.
2. If any unlawful and/or unenforceable provision of this Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.

Governing Law and Jurisdiction for Resolving Disputes

This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the court of competent jurisdiction in Duesseldorf, North Rhine-Westphalia, Germany.

Language and Interpretation

1. The whole text of this Agreement has been written in English. Any translations of this Agreement are available for your information only. In cases where the translated text may differ from the English text in any way, the English version will prevail.
2. The clause headings do not affect the interpretation of this Agreement.
3. In this Agreement, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.