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Chotmai Terms of Service

To make sure we know exactly what to expect from each other, Chotmai has written down the conditions for using the Chotmai Pro service.
These Terms of Service are a binding legal document between Chotmai and you, so we recommend you read this document carefully.

Acceptance of the Terms and Definitions

The Terms of Service for Chotmai Pro including Chotmai’s Notice and Take Down Policy (“NTD Policy”) and Privacy Policy, are an agreement between you (“You”, “Your”, etc.), the user of our Chotmai Pro file transfer service (“Service”) provided through Your Account (“Account”) within the website or domain chotmai.com (“Website”), and Chotmai Co. Ltd., with its principal business office located at 213/2, 3rd Floor, Asoke Tower, Klongtoey Nua Wattana Bangkok 10110 (“Chotmai”, “We”, etc.), owner and rights holder of the Website and provider of the Service (“Terms”). By accessing the Website or using the Service You agree to be bound by these Terms, including the NTD Policy and Privacy Policy, as set out below.

NTD Policy, Privacy Policy & Cookies

By accepting the Terms, You agree to the Privacy Policy and the NTD Policy, including but not limited to, its indemnifications and warranties. In the event that Chotmai finds or is notified of presumed unlawful activity, Chotmai reserves the right to follow the procedure described in the NTD Policy. For more information on how Chotmai handles personal data and cookies, please see our Chotmai Pro Privacy Policy.

Service

With this Service Chotmai provides You the infrastructure and facilities to transfer any kind and any amount of digital files (“File” or “Files”) up to 20 gigabyte (GB) per transfer. Each File can be sent to up to 100 email addresses per transfer, though each email is sent separately. You may transfer an unlimited amount of Files. However, Your storage for transferring purposes may not exceed 100 GB in total. Chotmai reserves the right to refuse any excessive transfers. Chotmai stores the Files You transfer through our Service for as long as You hold an Account. In addition, Chotmai provides You with Your own Channel.
You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts. You will respect the rights of others, including privacy and Intellectual Property Rights; You will not use or promote use of the Services to transfer or to distribute Files that contain child pornography, promote racism, violence or hatred, that are false or misleading, infringe on intellectual property rights, violate privacy rights, including data protection rights, and/or infringe on or violate any applicable law or regulation;
You agree not to impersonate or pretend affiliation with any person or entity, access any non-public areas of Chotmai.com, send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose. Additionally You agree not to attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy

Channel

As part of the Service, Chotmai provides You with a personal URL and a Wallpapers space. The background Wallpapers provided by Chotmai, including advertisements, photography, graphic design, typography, portraits and logos, as well as trademarks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the wallpapers or part of the wallpapers in any way without the permission of the rights holder.
Chotmai is not liable to You or any third party for any damages arising out of the use, reuse, or adaptation of background Wallpapers chosen independently by You, including but not limited to, copyright protected works and/or trademarks.
Chotmai has the right to investigate and/or remove, without warning, any Wallpapers from Your Channel, our servers or block anyone from accessing the Channel or using the Service, when Chotmai finds, at its own discretion or after receiving substantiated and valid complaints, that a Wallpaper is used in violation of this Agreement, including any applicable law or regulation.

Account

To use the Pro Service, You are required to register for an Account on our Website. To register for an Account You need to fill in Your personal details, including e-mail address, a password and payment provider of Your choice and fulfill the monthly subscription fee. Make sure the personal information in Your Account is accurate, complete and current at all times. You are also responsible for keeping Your Account details to yourself as well as for any actions taking place from Your Account. You can manage the Files You have stored for transferring purposes through Your Account.
For Your ease of future use Chotmai remembers the e-mail address(es) You enter for Yourself and those of Your Recipients. For more information, see the Plus Privacy Policy. It is also possible to import an address by copy-pasting it into Your Account and to add new Recipients to Your address book.

Subscription and payment intermediary

By signing up for a Chotmai Pro Account and providing us with Your payment information, You hereby agree to these payment terms and conditions.
The subscription fee for a Chotmai Pro Account is 120 USD ($120) excluding VAT or 120 EUR (€120) including VAT per year, charged to the payment provider of Your choice. Your Chotmai Pro Account will not expire after the first year, but will be renewed automatically. This means that You will be billed in advance on a recurring, periodic basis (“Billing Cycle”).
Billing Cycles are annual. We will automatically charge You 14 days prior to the calendar day corresponding to the commencement of Your Chotmai Pro subscription. You acknowledge that the amount billed each year may vary for reasons that may include but are not limited to: differing amounts due to promotional offers or changes in the amount of applicable sales tax; and You authorise Chotmai to charge You for such varying amounts.
You may cancel auto-renewal on Your Chotmai Pro subscription at any time by emailing us (plus@Chotmai.com) or by changing Your settings in Your "Billing information" page here, in which case Your subscription will continue until the end of that Billing Cycle before terminating and without any right to reimbursement of (part of) the subscription fee. Upon termination, Your Account, including Your personal data, address book and any Files stored for transfer, are directly, automatically and permanently deleted. You must cancel Your Chotmai Pro Account before it renews each year in order to avoid billing of the next year's fees to You.

Files

Chotmai provides the technically necessary facilities to transfer Your Files. Chotmai does not claim any ownership or knowledge of the contents of the Files You transfer through our Service. You are fully and solely responsible for the Files You transfer through our Service. Chotmai can however view the names and types of Files that have been sent, but will only access this information if Your (technical) support request necessitates this.
By using our Service You acknowledge and agree that Chotmai is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File.

Permissions

By using our Service You guarantee that You have, for each File, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and make available online and for download as part of our Service.


Transfer Policy

We treat all File transfers between You and Your designated recipients (“Recipient” or “Recipients”) confidential. Chotmai does not check, open or view Your File, nor the type or content of Files You sent, nor does it offer any search function, catalogue or listing to facilitate others than You to find any Files that are available for transfer. However, any person with access to the download link of a stored File may download that File. Both You and Your Recipients receive a confirmation email for each successful File transfer, including instructions on how to download the File and ways to republish the download link, including social media sharing buttons.
Chotmai does not allow, and you guarantee and accept that you may not transfer or store content that:
  • is obscene, defamatory, libellous, slanderous, profane, indecent or unlawful, promotes racism, violence or hatred;
  • infringes or misappropriates third party Intellectual Property Rights and/or privacy rights or any other kind of rights;
  • constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
  • facilitates or promotes gambling, or the sale or use of liquor, tobacco products or illicit drugs, and/or;
  • is factually inaccurate, false, misleading or deceptive;
In addition, You agree not to:
  • impersonate or pretend affiliation with any person or entity;
  • access any non-public areas of our Website or Service;
  • send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
  • attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication.
Nevertheless, if notified by the relevant authorities, Chotmai reserves the right to investigate, (temporarily) block and/or remove, without warning, Your Files or Account. The same applies when Chotmai finds, at its own discretion, or receives substantiated and valid complaints, that You may violate these Terms, including the Privacy and/or NTD Policy, or act in violation of any applicable law or regulation.

Disclaimer

Chotmai provides its Service “as-is”, without warranty of any kind. Without limiting the foregoing, Chotmai explicitly disclaims any warranties of merchantability, fitness for a particular purpose and noninfringement.
Chotmai makes no warranty that the Service is available on an uninterrupted, secure or errorfree basis. Your use of the Service is at Your own risk. You acknowledge and agree that Chotmai is not responsible for any damages to Your computer system or the computer system of any third party that result from use of the Service.

Indemnity and Liability

You accept that You are liable and will hold harmless Chotmai for any and all incidents, procedures and/ or claims arising in relation to the Files transferred through our, or stored within our Service, and/or submitted through Your Account. You will defend, indemnify and hold harmless Chotmai, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that Files submitted to the Service through Your Account infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Chotmai.com for the intentional and/or deliberate recklessness of Chotmai.com themselves (“their own acts”) and or the management of Chotmai.com.
In no event will Chotmai be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Chotmai has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Chotmai will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Chotmai is liable for damage under mandatory law, Chotmai’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.

Applicable Law and Jurisdiction

All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of the Kingdom of Thailand. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Bangkok, Thailand, unless stipulated otherwise by mandatory Dutch or international laws. You waive any objection to jurisdiction and venue in the courts of the Kingdom of Thailand.

Revisions to the Terms

Note that Chotmai may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. Chotmai recommends that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, including the NTD Policy and Privacy Policy, You should not or no longer access or use the Website and/or Service. By continuing to use of the Website and/or Service You accept any changes made to the Terms, including the NTD Policy and Privacy Policy.

Questions?

For questions about these Terms, please contact Chotmai at legal@chotmai.com. We speak English and Thai.