Efficient. Secure. Reliable
moopod (Powered by Livedrive) (“Cloud Backup”) services (the “Services”), whether sold to
you directly by moopod (Powered by Livedrive) or through a GreyFusion authorised retail electronic outlet (“a Retail Outlet”). Where the context so permits, the words "we", "our" and "us" refer to
carefully before using the Services.
period of time agreed between the parties, encompassing both the initial billing period agreed
at sign-up and such further periods as are renewed anually (each a “Fixed Contract Period”) in
2. If you are using the Services on behalf of an organisation then you are agreeing to these Terms
of Use for that organisation and are warranting that you have the authority to bind that
Services only if you have the power to form a contract with moopod (Powered by Livedrive) and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time
without prior notice to you. We may also remove any content from our Services at our
Activation, Your Files and Privacy
4. By using our Services you provide us with information, files, and folders that you submit to
or intellectual property except for the limited rights that are needed to run the Services, as
5. The Services may be activated in one of two ways. You may commence the use of the
Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have
not taken steps to activate the Services in the three months after purchase, the Services will be
automatically activated without further reference to you. You will be sent an activation email
following activation as long as you have provided us with a valid email address.
6. We may need your permission to do things you ask us to do with your files, for example,
hosting your files, or sharing your files at your discretion. This includes product features
visible to you, for example, image thumbnails or document previews. It also includes design
choices we make to technically administer our Services, for example, how we redundantly
backup data to keep it safe. You give us the permissions we need to do those things solely to
provide the Services. This permission also extends to trusted third parties we work with to
provide the Services.
agencies, for any purpose unless you direct us to. How we collect and use your information
8. You are solely responsible for your conduct, the content of your files, and your
communications with others while using the Services. For example, it’s your responsibility to
9. We may choose to review public content for compliance with our community guidelines, but
you acknowledge that moopod (Powered by Livedrive) has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality
of files, user posts, or any other information you may be able to access using the Services.
10. The Services provide features that allow you to share your files with others or to make your
files public. There are many things that users may do with your files (for example, copy it,
modify it, re-share it). Please consider carefully what you choose to share or make public.
moopod (Powered by Livedrive) has no responsibility for that activity.
be posted on the moopod (Powered by Livedrive)website (https://www.moopod.co.uk/terms-of-use). By continuing to access or use the Services after revisions become effective, you agree to be
please stop using the Services.
Software and Updates
12. Some of our Services require you to download a client software package ("Software").
intellectual property rights. We hereby reserve all rights not expressly granted in these Terms
of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor
assist anyone else to do so. Our Services may update the Software on your device
automatically when a new version is available. Your acceptance of such updates is required
13. You are responsible for safeguarding the password that you use on your moopod (Powered by Livedrive) account to access the Services (the “Account”) and you agree not to disclose your password to any
third party. You are responsible for any activity using your Account, whether or not you
authorised that activity. You should immediately notify moopod (Powered by Livedrive) of any unauthorised use of
Your General Responsibilities
14. Files and other content in the Services may be protected by intellectual property rights of
others. Please do not copy, upload, download, or share files unless you have the right to do so.
moopod (Powered by Livedrive) reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not moopod (Powered by Livedrive), will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious
software to the Services.
15. You, and not moopod (Powered by Livedrive), are responsible for maintaining and protecting all of your files. moopod (Powered by Livedrive) will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
16. If your contact information, or other information related to your Account, changes, you must
notify us promptly and keep your information current.
Limitation of Liability
17. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK,
WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE
ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. moopod (Powered by Livedrive) will have no
responsibility for any harm to your computer system, loss or corruption of data, or other harm
that results from your access to or use of the Services or Software. Some jurisdictions in the
United States do not allow the types of disclaimers in this paragraph, so they may not apply to
18. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVEDRIVE,
ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE
LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS)
DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LIVEDRIVE
HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR
ALL CLAIMS RELATING TO THE SERVICES FOR AN AMOUNT GREATER THAN
£20 OR THE AMOUNTS PAID BY YOU TO LIVEDRIVE FOR THE PAST THREE
MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do
not allow the types of disclaimers in this paragraph, so they may not apply to you.
19. You can stop using our Services any time by contacting us in writing at least 1 week prior to
the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop
using our Services will not be refunded to you.
20. We reserve the right to suspend or terminate the Services at any time, without cause, with or
without notice to you. At our sole discretion, we may refund the unused portion of fees for
each Fixed Contract Period paid for the Services on a pro-rata basis.
or terminate these Services to you without any notice to you. If we terminate for a material
1. use the Services in any way that would cause us legal liability or be deemed a use for
an illegal purpose;
2. use the Services in such a manner that has the effect of disrupting others’ use of the
4. act in conflict with a court order, or our providing the Services to you is in breach of a
5. represent a danger to the best interests of other customers or third-parties;
6. exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion
when that Usage Limit represents the highest available limit;
7. fail to disclose the number of devices on which you are running moopod (Powered by Livedrive) Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives
(collectively “External Storage Devices”) or otherwise.
8. use the Services in a manner that results in excessive bandwidth usage, as determined
9. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or
create derivative works of the Services or manipulate Services in any manner not
specified by us;
10. use the Services to store, backup or distribute material protected by intellectual
property rights of a third-party unless you own or have appropriate rights to such
11. engage in activity that damages or is likely to damage our tangible or intangible
12. otherwise act in breach of the terms of our Acceptable Use Policy
22. If we suspend or terminate your use, we will use commercially reasonable efforts to work with
you to resolve such issues and re-instate the Services, and failing such resolution, we may be
able to help you retrieve your files, however there may be an additional cost to these additional
efforts and we will notify you of this fee before commencing same.
BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF
LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE
EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT
entire and exclusive agreement between you and moopod (Powered by Livedrive) with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.
will be substituted reflecting our intent as closely as possible. You may not assign any of your
associated with the Services. moopod (Powered by Livedrive) and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
24. Where Services are offered on a free trial basis, payment will be taken for the first Fixed
Contract Period when the free trial period ends, and not when you enter your billing details
(which will be required prior to the commencement of the free trial period).
25. The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the
free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed
26. If you wish to cancel your contract during the free trial, known as your “cooling off” right, you
may do so by informing us in writing before the end of the free trial period.
27. If you do not cancel your contract prior to the end of the free trial period the fees for the first
Fixed Contract Period will become due.
Money Back Guarantee
28. Some Services are advertised as including a “money back guarantee”. To receive a refund of
the payment made under the “money back guarantee” you must inform us in writing before the
end of the advertised “money back guarantee” period. This period is the period in which you
may exercise your right to cooling-off. Failure to inform us of your wish to terminate the
agreement for the provision of the Services during this “money back guarantee period” will be
regarded as your informed decision not to exercise your cooling-off right. If you do not claim a
refund of fees during this period then no refund will be due.
29. The “money back guarantee” is not available in combination with a free trial. If you not invoke
your right to cool off during or at the end of the free trial period, then you will be charged for
the Services and “no money back guarantee” will be available.
30. All fees payable by you for the Services shall be in accordance with the scale of fees and rates
published from time to time by us on our web site (the “Pricing Structure”), errors and
omissions excepted, and shall be due and payable for provision of the Services in advance of
each Fixed Contract Period.
31. The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We
reserve the right to alter the Pricing Structure, including ceasing to offer elements of the
Services. The current Pricing Structure will always be posted on our website. By continuing to
access or use the Services after alterations to the Pricing Structure become effective by being
posted on our website, you agree to be bound by the revised Pricing Structure. If you do not
agree to the new Pricing Structure, you can then notify us that you want to discontinue use of
the Services. You are strongly advised to monitor our website for any alterations of the Pricing
32. In the event that your actual usage increases so that you exceed your Usage Limit, then we
reserve the right charge you for the additional disc space required or to migrate you to a higher
Usage Limit (collectively a “Migration”) prior to the end of the Fixed Contract Period,
consistent with your increased actual usage. We are not obliged to contact you prior to a
Migration, however such Migration is likely to incur additional fees for you under the Pricing
Structure. If you do not agree to the Migration decision, you must then notify us that you want
to revert to the previous Usage Limit and take the required steps to effect this change. Please
note that if your actual usage is such that you exceed the highest available Usage Limit
available at that time, then it is possible that no such Migration is possible, and we reserve the
right to terminate the Services without notice to you in accordance with condition 20(f) of
33. All fees for our Services are due in advance and your contract will automatically renew on the
expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract
Period become payable. If you choose to pay by credit or debit card then you authorise
moopod (Powered by Livedrive) to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, moopod (Powered by Livedrive) reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT LIVEDRIVE IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If
you wish to cancel your contract with moopod (Powered by Livedrive), you must do so in writing at least one week
before the expiry of the Fixed Contract Period.
35. You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you
do so you accept that you will be liable for our costs in dealing with the chargeback and
36. Please be aware that we may use any feedback, comments, or suggestions that you send us or
post in our forums without any obligation to you.
37. The Software and other technology we use to provide the Services are protected by copyright,
trademark, and other laws of both the United Kingdom and foreign countries. These Terms of
Use do not grant you any rights to use the moopod (Powered by Livedrive) trademarks, logos, domain names, or
other brand features.
Additional Terms applicable to use of moopod (Powered by Livedrive) Cloud Backup
38. Some Services, including moopod (Powered by Livedrive) Cloud Backup and GreyFusion Cloud Pro Suite (the
“Backup Packages”) are sold on condition that the data being backed up is stored on the
internal hard drives of devices that are not classified as External Storage Devices (as defined
above), and that the number of such devices does not exceed the limits stipulated in the Pricing
Structure. In the event that you wish to backup data stored on External Devices, you are
required to disclose this to us and pay such additional storage related charges as set out in the
Pricing Structure for that Backup Packages.
39. An upper limit on the number of devices from which backup can be run will be included on
each Backup Package. The applicable upper limit will be notified to you at time of Backup
Package sale. The upper limit for any single internal or external drive will exclude External
Backup Devices, for which the Pricing Structure includes a separate charging methodology. In
the event that the number of devices exceeds the applicable limit on the Backup Package sold,
moopod (Powered by Livedrive) reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
40. With the exception of our business service, Services that include moopod (Powered by Livedrive) Cloud Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your
computer that have been backed up or disconnect External Storage Devices that have been
backed up we will remove the corresponding backup from our servers.
41. You must at all times run the Software on any computer that is being backed up and you must
ensure this computer connects to the Internet at least once every 30 days. moopod (Powered by Livedrive) will . remove backups for computers that have not connected to the service for 30 days.
42. If you wish to restore data backed up onto our servers we may require up to 72 hours notice.
Whilst ordinarily we would expect your data to be available for restore immediately, we
reserve the right to archive data in facilities where it may not be available for immediate
You agree not to misuse the Services. For example, you must not, and must not attempt
to, use the Services to do the following things.
1. Probe, scan, or test the vulnerability of any system or network;
2. Breach or otherwise circumvent any security or authentication measures;
3. Access, tamper with, or use non-public areas of the Services, shared areas of the Services
which you have not been invited to, moopod (Powered by Livedrive) (or our service providers’) computer systems;
4. Interfere with or disrupt any user, host, or network, for example by sending a virus,
overloading, flooding, spamming, or mail-bombing any part of the Services;
5. Plant malware or otherwise use the Services to distribute malware;
6. Access or search the Services by any means other than our publicly supported interfaces (for
7. Send unsolicited communications, promotions or advertisements, or spam; send altered,
deceptive or false source-identifying information, including "spoofing" or "phishing";
8. Publish anything that is fraudulent, misleading, or infringes another's rights; promote or
advertise products or Services other than your own without appropriate authorisation;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate
bigotry, religious, racial or ethnic hatred;
11. Violate the law in any way, or violate the privacy of others, or defame others.