Legal

QNAP Cloud Service Terms and Conditions

Revised on April 23, 2024

The QNAP Cloud Services Terms and Conditions (“Terms”) constitutes a legal binding agreement between QNAP Systems, Inc. (“QNAP”) and the user (“User”). Any use of QNAP products, software, services, and websites backed by QNAP cloud services (collectively referred to as “Cloud Services”, and individually referred to as “Cloud Service”) is conditioned upon User acceptance of these service terms without modification. By accessing or using Cloud Services, User agrees to be legally bound by these Terms, including, without limitation, additional terms and conditions incorporated by reference in these Terms. If User does not agree to these Terms, User must immediately discontinue the use of Cloud Services. If User is using Cloud Services on behalf of an organization, User agrees to these Terms for that organization and guarantees that User has the authority to bind that organization to these Terms. If User’s organization has a separate contract in effect with QNAP, the terms of that contract will govern the use of Cloud Services.

1. QID
   1. User may need a QNAP Account (“QID”) in order to use Cloud Service. User may create a QID at QNAP Account Center. User agrees to: (i) provide limited personal information as prompted to do so during the registration process or thereafter by the Service (such information to be current, complete, and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate.
   2. User is required to use a username and password for access to User account. To keep the Service secured, User agrees to carefully safeguard User passwords, and User is solely responsible if User does not maintain the confidentiality of User passwords and account information.
   3. User is solely responsible for any and all activities that occur(s) under QID. QNAP is not liable for any loss incurred by User resulting from unauthorized use of User password, account, or public/private key, as may be applicable, either with or without User knowledge.
   4. User agrees to immediately notify QNAP of any unauthorized use of User account or any other suspected breach of security known to User, including if User believes that User password and/or account information has been stolen or otherwise compromised.
   5. User agrees that User is responsible for all actions and inactions of User employees, consultants, or any other third party that User allows to access User account, and User agrees to use commercially reasonable efforts to monitor such third-party users. QNAP reserves the right to disable User account or take any other action that QNAP in its sole discretion deems necessary or appropriate.
2. Shared Cloud Service
   1. For certain Cloud Service, User can act as an administrator of a subscription plan (“Plan Manager”) and may add other QID owners (“Member(s)”) to, and enable/disable QID Sharing of the Cloud Service within an organization (“Organization”). Plan Manager may manage the shared Cloud Service through the designated Cloud Service Portal which includes usage info of individual Member.
   2. QID sharing can be disabled either by Plan Manager or by Member(s) if the sharing is no longer needed.
   3. If Plan Manager disables QID Sharing or removes Member(s) from Cloud Service, the disabled QID owners might lose access to Cloud Service.
3. User Contents
   1. “User Content” means content that User uploads, stores, and transfers to QNAP by Cloud Service in connection with QID. User Content is the sole property of User. QNAP does not claim ownership in any of User content, including any text, data, information, and files that User uploads, shares, or stores.
   2. Cloud Service may provide User with various complimentary or paid features, including but not limited to data hosting, data backup, data sharing, file searching, image thumbnails, document previews, document sorting, document organization, and personalization which Cloud Service might need to access, store, and scan User Content. Permission shall be granted by User before QNAP provides these features and can be extended to QNAP’s affiliates and trusted third-party partners.
4. Responsibilities of User
   1. User is solely responsible for User Content, User’s QID, and any transmissions made when using Cloud Services.
   2. When using any Cloud Service, User hereby agrees: (i) to comply with all applicable laws, rules, and regulations, including local, state, national, and international laws, rules, and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (ii) not to use the Cloud Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm, or other harmful or destructive component; (iii) not to use the Cloud Service for any illegal purposes; (iv) not to use the Cloud Service to interfere or disrupt any other networks connected to the Cloud Service; (v) not to use the Cloud Service to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; and (vi) not to use the Cloud Service to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive, or otherwise objectionable material of any kind or nature.
   3. In connection with User use of Cloud Services, QNAP may send User service announcements, administrative messages, and other information. User may opt out of some of those communications.
   4. If User is using Cloud Services on behalf of a business, User shall warrant that the business accepts these Terms. The business will hold harmless and indemnify QNAP and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of Cloud Services or violation of these Terms, including but not limited to any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
   5. User acknowledges and agrees that confirming and maintaining a stable and reliable internet connection is solely User’s responsibility. Therefore, QNAP does not accept any liability or responsibility for any damages, losses, or inconveniences suffered by the User as a result of User’s own connection issues.
5. Intellectual Property
   1. Other than the limited rights and licenses expressly set forth in these Terms, QNAP reserves all rights, titles, and interests (including all intellectual property and proprietary rights) in and to Cloud Services and any other technology and software that QNAP provides or uses to provide Cloud Services. User does not acquire any ownership interest or rights in Cloud Services or such other technology and software, except for the limited use and access rights described in these Terms.
   2. Using Cloud Services does not give User ownership of any intellectual property rights in Cloud Services or the content that User accesses. User may not use content from Cloud Services unless User obtains permission from its owner or is otherwise permitted by law. QNAP does not grant User the right to use any branding or logos used in Cloud Services and User shall not remove, obscure, or alter any legal notices or logos displayed in or along with Cloud Services.
   3. Through use of Cloud Services, there may be opportunities for User to participate in the development or redevelopment of Cloud Services by providing certain comments, suggestions, data, or other information to QNAP. QNAP shall have the right to retain and use any such information in current or future products or services, without further compensation to User.
   4. QNAP gives User a personal, worldwide, non-assignable, and non-exclusive license to use software (Section 6) pertinent to Cloud Services. This license is for the sole purpose of enabling User to use and enjoy the benefits of Cloud Services as provided by QNAP, in the manner permitted by these Terms. User may not copy, modify, distribute, sell, or lease any part of Cloud Services or included software, nor may User reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or User has our written permission.
   5. User agrees to respect the intellectual property rights of any third party. This includes, but is not limited to, copyright, patent, trademark, trade secret, and other proprietary rights or rights of publicity or privacy. In response to notices of alleged copyright infringement, QNAP reserves the right to remove or disable access to the identified infringing content and to terminate the accounts of repeat infringers. This action is taken to protect the rights of third parties and maintain the integrity of Cloud Services.
6. QNAP Software in Cloud Service
   1. Cloud Service may provide User with enhanced data backup and synchronization functionality for qualifying QNAP devices. Using backup and synchronization may require installation of additional applications (“Applications”), such as Hybrid Backup Sync, HybridMount, QVR Pro.
   2. The applications may update automatically on User device once a new version or feature is available. Some Services may let User adjust User’s automatic update settings.
7. Warranties and Disclaimers
   1. QNAP delivers Cloud Services with a level of expertise that meets commercially reasonable standards.
   2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER QNAP NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. QNAP DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET USER NEEDS. QNAP PROVIDES THE SERVICES “AS IS”.
   3. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, QNAP EXCLUDES ALL WARRANTIES.
   4. WHEN PERMITTED BY LAW, QNAP AND QNAP’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
   5. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF QNAP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT USER PAID QNAP TO USE THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT. IN ALL CASES, QNAP AND QNAP’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
   6. QNAP shall not be liable for any failure to perform its obligations where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. In such circumstances, QNAP will notify User as soon as reasonably practicable, and services will resume as soon as reasonably possible after the event has concluded.
8. Beta Services
   1. QNAP may offer certain services and features that are still in testing and evaluation ("Beta Services") for upcoming Cloud Services. Beta Services may be labeled "beta", "preview", "limited release", or "evaluation" (or other words or phrases with similar description) and may contain bugs and errors and may not be as reliable as QNAP's other services.
   2. Beta Services are made available so that QNAP can collect user feedback, and by using our Beta Services, User agrees that QNAP may contact User to collect such feedback. Beta Services do not guarantee performance or uptime warranties. User acknowledges and agrees that Beta Services are provided "AS IS" with respect to their performance, speed, functionality, support, and availability.
   3. User acknowledges and agrees that Beta Services are for evaluation purposes only. Beta Services may be unstable, contain bugs, and could potentially cause crashes, security vulnerabilities, data loss, or even damage to the device. As a result, it is User’s own responsibility to back up any important data before using Beta Services. QNAP will have no liability or obligation for any harm or damage arising from deficiencies therewith.
   4. User acknowledges and agrees that QNAP may discontinue making any particular Beta Service available to User at any time in its sole discretion and may never make the Beta Service generally available as part of or as an add-on to Cloud Services. User also acknowledges that User’s decision to purchase any Cloud Service was not and is not contingent on the delivery of any future functionality or features within Beta Services.
9. Security and Data Privacy
   1. The Security Development Procedures and Practices of the relevant Cloud Services (including but not limited to Account Center, AMIZcloud, QuWAN, License Manager) are implemented in accordance with ISO 27001 and ISO 27017 standards and applicable legal requirements. For related information, please refer to the QNAP ISO 27017 (Cloud Service Security) security development procedure.
   2. For information regarding QNAP’s privacy policy, please review the QNAP Privacy Policy webpage.
10. Termination
    1. QNAP reserves the right to suspend or terminate Cloud Services to User at any time by giving reasonable advance notice to User via the email address associated with User’s QID. Opportunities to export User Content will be provided.
    2. QNAP will not provide notice or an opportunity to export User Content before termination or suspension of access to Cloud Services where QNAP reasonably believes:
       1. User is in material breach of these Terms.
       2. Use of Cloud Services would cause a real risk of harm or loss to QNAP, other users, or the public which causes QNAP legal liability or compromises QNAP’s ability to provide Cloud Services to other users.
       3. QNAP is prohibited from doing so by law.
       4. Whenever QNAP identifies unauthorized third-party access to Cloud Services.
    3. Once QNAP suspends or terminates User access to Cloud Services, User will not be able to access or export User Content.
    4. QNAP will not provide refunds if QNAP suspends or terminates User access to Cloud Services, unless required by law.
11. Payment, Subscription Termination for Paid Cloud Service
    1. QNAP may offer User paid Cloud Service through QNAP Software Store. For details of payments, subscription cancellations, and refunds, User shall refer to the terms and conditions and information pages of QNAP Software Store.
    2. QNAP Software Store Terms and Conditions governs the rights and obligations between QNAP and User shall there be any conflicts between the QNAP Software Store Terms and Conditions and the Terms.
12. Miscellaneous
    1. QNAP may modify Cloud Services and these Terms to reflect changes in the law or changes in operation. User should revisit these Terms regularly while QNAP will post modification notices promptly. QNAP might post notices of additional modified terms in the applicable Cloud Service. Changes will not apply retroactively and shall become effective no sooner than fourteen (14) days after they are posted. Nevertheless, changes addressing new functions for a Cloud Service or changes made for legal reasons will be effective immediately. If User does not agree to the modified terms for any Cloud Service, User should discontinue the use of the Cloud Service.
    2. Cloud Services may provide User with content, products, and services that are at a discounted price (“Limited Member Benefits”). Limited Member Benefits may be limited by country, supply, duration, membership tier, or other factors, and not all Limited Member Benefits will be available to all Cloud Service subscribers. Some Limited Member Benefits may only be redeemable by the Cloud Service Plan Manager.
    3. QNAP may also, from time to time, offer different terms and tiers for Cloud Services, and the subscription fee for such terms or tiers may vary. User agrees that User subscription to Cloud Services is for Cloud Services in their form at the time of subscription. If User does not agree to the updates QNAP makes, User must cancel User subscription and stop using Cloud Services before the updated Terms become effective. User is encouraged to check the content of these Terms and our QNAP website regularly.
    4. If User violates these Terms and QNAP does not take immediate action, it does not imply that QNAP disclaims its rights for good.
    5. If a particular clause is not enforceable, the remainder of these Terms shall still be effective.
    6. Any disputes arising out of or relating to these Terms or Cloud Services shall be governed by the laws of the Republic of China and shall be subject to the jurisdiction of the District Court of Taipei, Taiwan, R.O.C.
    7. To the extent permitted by law, in the event of any discrepancy between the interpretation of the Global/English version of these Terms and the interpretation of these Terms in another language, unless specific terms have been released by QNAP for users in a specific region, the Global/English version shall prevail.
    8. The timezone adopted by Cloud Services is UTC+0. The data storage location is in Virginia, United States.

Shall there be any questions or requests related to these Terms, please submit them via the contact page.