General Terms and Conditions

1. Provider, scope, and contact

These AGB apply between the person using FlakaCloud ("user" or "you") and FlakaCloud ("FlakaCloud", "we", or "us") for use of the service at flakacloud.com.

Contract and support notices may be sent to support@flakacloud.com. Mandatory rights under Austrian or EU consumer law remain unaffected by these AGB.

2. Contract formation and contract text

Before registering or purchasing, you select a plan, enter or confirm account information, and can correct input before submitting.
A Free account contract begins when registration and required email verification are successfully completed and FlakaCloud activates the account.
A paid subscription begins only when Stripe confirms successful checkout and FlakaCloud activates the purchased storage. A checkout redirect, failed payment, or incomplete subscription does not create paid storage entitlement.
Each additional paid plan is a separate recurring subscription with its own price, renewal date, and cancellation control.
The contract language is English. The current AGB remain available on this page for viewing, printing, or saving. Subscription and payment confirmations are sent electronically.

Individual terms displayed immediately before purchase, including the selected plan, storage, gross total price, billing interval, and renewal details, take precedence over a conflicting general description in these AGB.

3. Eligibility and accounts

You must be at least 18 years old to purchase a paid plan independently. A user under 18 may purchase only where legally permitted under applicable law and with any consent required from a parent or legal representative.
Provide accurate information, use an email address you control, and keep it current.
Keep credentials confidential and do not share an account or bypass email verification, storage, payment, or security controls.
Notify support promptly of suspected unauthorized access. You remain responsible for account activity to the extent permitted by law.

4. Service and plan limits

FlakaCloud provides private storage and tools to upload, organize, preview, download, favorite, move, delete, and share supported photos and videos. Features and limits depend on the active plan, valid referral or administrative bonuses, and Family allocations.

Current plan cards and checkout state storage size, file-size limits, sharing limits, monthly price, and other included features. Storage units are decimal unless expressly shown otherwise. Bonus storage is not cash, cannot be transferred, and may be withdrawn if granted in error or obtained through abuse.

5. Your content and the limited service licence

You retain ownership of and responsibility for content you upload. You confirm that you have all rights, permissions, and lawful grounds needed to store, process, and share it, including consent relating to identifiable people where required.

You grant FlakaCloud a non-exclusive, worldwide, royalty-free licence limited to hosting, copying, backing up, moving, encoding, generating thumbnails or previews, malware scanning, transmitting, and displaying the content only as needed to operate, secure, support, and improve the service or comply with law. The licence ends when the content is deleted from active systems, subject to temporary backup retention and legal obligations.

FlakaCloud does not acquire ownership of your memories and does not use private cloud content for third-party advertising. You should keep an independent copy of irreplaceable files.

Sharing gives selected recipients access to content and account information necessary for that feature. Recipients may download files and may retain copies after access ends. Review recipients carefully before sharing.

Family storage is allocated by the Family plan owner to up to the displayed member limit. A membership may require registration and an accepted friendship. Reducing or ending an allocation may start the download-only grace period shown in the product; after it expires, over-quota content may be deleted as described below. Family membership does not transfer ownership of a member's files to the plan owner.

7. Referrals

Referral rewards apply only to genuine new users who register and verify an eligible account under the stated program rules. Pending invitation links normally expire after 30 days. Self-referrals, duplicate identities, coordinated signups, automated registrations, shared-network manipulation, or other attempts to manufacture rewards are prohibited.

FlakaCloud may withhold or reverse a reward where eligibility cannot be verified, the registration is cancelled, or abuse is reasonably established. This does not affect paid storage lawfully purchased by the user.

8. Acceptable use

You must not use FlakaCloud to:

upload, possess, share, or promote content that is unlawful, exploitative, abusive, defamatory, threatening, privacy-invasive, or infringes copyright, trademark, personality, or other rights;
store or distribute child sexual abuse material, non-consensual intimate imagery, malicious code, phishing material, stolen credentials, or instructions primarily intended to facilitate serious wrongdoing;
attack, scan, scrape, reverse engineer, overload, disrupt, evade limits, exploit vulnerabilities, or gain unauthorized access to the service or another account;
misrepresent identity, manipulate referrals, abuse Free or Family accounts, commit payment fraud, evade sanctions, or use automated traffic without written permission; or
use the service as the sole copy of business-critical, evidentiary, archival, life-safety, or legally mandated records.

Report unlawful content or security concerns to support@flakacloud.com with enough information to identify the content and explain the concern. Knowingly false reports are prohibited.

9. Upload and media safety

Uploads may be validated, quarantined, scanned for malware, and processed to create safe previews. FlakaCloud may reject, isolate, or delete a file that is unsupported, corrupt, deceptive, malicious, excessive, or reasonably presents a security or legal risk. Technical controls are not a guarantee that every harmful file will be detected.

Originals may be preserved privately while clean previews are generated. Media processing can alter preview appearance without changing the private original. Unsupported metadata or preview generation is not a guarantee of format compatibility.

10. Deletion, Trash, and account closure

Ordinary deleted media remains in Trash for up to 3 days unless you permanently delete it sooner. When that period ends, FlakaCloud permanently removes it from active storage. Permanent deletion cannot be undone.

Deleting an owned album permanently deletes its active files, thumbnails and previews as shown before confirmation. Items already in Trash remain available until their normal expiry or manual permanent deletion. Deleting a shared folder may move participant-owned files into each owner's visible Recovered Files album. Leaving a shared album removes access but does not delete the owner's originals. Account deletion is available only after every paid subscription has ended. It removes active account content subject to statutory billing retention, security evidence, unresolved disputes, and temporary rotating backups. A permanently deleted account cannot be reopened, and its registered email address cannot be used to create another FlakaCloud account.

11. Prices, subscriptions, and payment

Paid plans renew monthly until cancelled. The price, currency, taxes, billing interval, and total payable are displayed before the final Stripe payment action.
Stripe processes payment information. FlakaCloud does not store full card numbers or card security codes.
You authorize Stripe and FlakaCloud to charge the selected recurring amount on each renewal date until cancellation takes effect.
More than one paid subscription may be attached to an account. Each adds its stated storage and renews independently.
If a payment fails, is reversed, disputed, or remains unpaid, FlakaCloud may withhold new paid entitlement, retry or request payment through Stripe, restrict uploads, or end the affected subscription after any legally required notice.
Refunds are provided where required by withdrawal, warranty, payment, or other mandatory law. Nothing in these AGB excludes a mandatory refund right.

12. Cancellation and reduced storage

You may stop future renewal from Billing & Plan. Cancellation normally takes effect at the end of the paid billing period; access remains until the date shown. Reactivation may be available before that date.

If the cancelled plan is your final paid subscription, the application currently provides an additional 21-day storage cleanup period after the paid billing period ends. If another paid subscription remains, no extra 21-day period applies to the cancelled capacity. The exact removal date and remaining allowance are shown before confirmation.

A confirmed full refund follows a different schedule: the refunded plan's storage remains available only for a 7-day cleanup period beginning when the refund is confirmed. At the end of that period, the refunded capacity is removed.

Before storage is reduced, download files and bring usage within the new allowance. If usage still exceeds the allowance on the stated removal date, FlakaCloud may permanently delete the oldest uploaded files first until usage fits. This quota deletion bypasses Trash and cannot be recovered.

13. Consumer withdrawal right

If you are an EEA consumer, you generally have 14 days from conclusion of a distance contract to withdraw without giving a reason. Subscription cancellation for the next renewal is different from statutory withdrawal.

To withdraw, send an unequivocal statement identifying your account and purchase to support@flakacloud.com before the deadline. You may write: "I hereby withdraw from the FlakaCloud subscription concluded on [date], for account [email]."

If you expressly request immediate service before the withdrawal period ends and later withdraw, you may owe the proportionate price for service already provided where Austrian law permits. The right expires early only where all statutory conditions are met. FlakaCloud will return amounts due using the original payment method within the statutory period.

The checkout confirmation records your acceptance of these AGB and your request for immediate activation. It does not exclude cancellation, withdrawal, warranty, unauthorized-payment, or refund rights that mandatory law gives you.

14. Availability, maintenance, and statutory warranty

FlakaCloud aims to provide reliable storage but does not promise uninterrupted or error-free operation. Maintenance, network faults, provider incidents, security events, force majeure, or necessary emergency measures may temporarily affect service. Where practical, planned material interruptions will be announced.

For consumers, mandatory Austrian warranty rights for digital services, including the Consumer Warranty Act (VGG), remain fully applicable. FlakaCloud will provide legally required security and functionality updates during the contractual supply period. If a defect occurs, contact support so it can be investigated and remedied within a reasonable time.

Features may be improved or changed where there is a valid reason, such as security, law, provider changes, technical development, interoperability, or prevention of abuse, provided the change does not impose additional cost and consumers receive information and termination rights where legally required.

15. Suspension and termination

FlakaCloud may proportionately restrict an upload, sharing feature, file, or account where reasonably necessary to address unlawful content, a security threat, non-payment, material breach, fraud, or danger to users or infrastructure. Where appropriate and lawful, notice and an opportunity to remedy will be provided.

Immediate action may be taken for severe or repeated violations, credible security emergencies, illegal content, or where required by an authority. Users may contact support to contest a restriction. Contract termination does not remove accrued payment duties or provisions intended to survive.

16. Liability

FlakaCloud is liable without limitation for intent, gross negligence, injury to life, body, or health, and any liability that cannot lawfully be limited. Mandatory consumer warranty and product-liability rights remain unaffected.

For slight negligence, liability is limited, to the extent legally permitted, to breach of an essential contractual duty and to loss that was typical and reasonably foreseeable when the contract was formed. Any limitation does not apply where Austrian consumer law prohibits it.

The user is responsible for avoidable loss caused by failing to protect credentials, ignoring clear storage-reduction warnings, sharing with the wrong recipient, or keeping no reasonable independent copy, subject always to applicable contributory-negligence rules.

17. Governing law, disputes, and final provisions

Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice does not remove mandatory protection provided by the law of the country of habitual residence.

Statutory jurisdiction rules apply. A consumer may bring proceedings at any court available under mandatory law; these AGB do not require a consumer to litigate exclusively at FlakaCloud's location.

If a provision is invalid, the remaining provisions continue only to the extent this is legally permissible. The invalid provision is replaced by the applicable statutory rule, not by a term that unfairly disadvantages the user.

FlakaCloud may update these AGB for legal, security, technical, or service reasons. Material changes affecting an existing contract will be communicated in advance and will take effect only as permitted by law. The version and effective date above identify the current text; users should save the version presented when entering a contract.