1.1 Provision of Services.
Subject to Customer’s compliance with the terms and conditions of these Terms, Company will provide Customer the
Services in accordance with Customer’s online order (“Order”).
1.2 Service Fees and Payment.
Company may offer both free subscriptions and different categories of paid subscriptions to the Service, subject to the
limits set by Company from time to time. Should you register for a paid subscription, you agree to pay the Service fee(s)
publicized by the Company at the time you complete your online registration and on any renewal thereof. Customer shall
pay Company for excess usage above the metrics stated in the initial Order. After the initial term of Customer’s subscription,
Company reserves the right to increase the fees on paid Service subscriptions up to one (1) time per year by providing
Customer with written notice of a fee increase no later than thirty (30) days prior to the expiration of the then-current term.
Fees owed by Customer not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month, or
the highest rate permitted by law. Fees do not include any taxes, and Customer shall pay any sales, use, value added or other
taxes or import duties (other than corporate income taxes payable by Company) due as a result of any amounts paid to Company.
Customer shall bear all of Company’s costs of collection of overdue fees, including reasonable attorneys’ fees. If Company is
unable to charge your payment method (i.e. due to the expiration of your credit card), you are still obliged to pay Company the
amounts to which you are committed under this Agreement. All fees are non-refundable, and are to be paid in US Dollars unless
another currency was specified when you made your purchase. You are solely responsible for any fees imposed by your credit card
company, including exchange rate or foreign transaction fees. If any fees remain unpaid following at least ten (10) days written
notice by Company, Company may (reserving all other legal remedies and rights) suspend the Services or, following thirty (30)
days written notice by Company, terminate the Service and any agreement created by these Terms and Customer’s Order.
1.3 Restrictions on Use.
Customer shall be responsible for: (a) acts or omissions by any single individual, employee or contractor of Customer,
authorized to access and use the Services (“Authorized Users”); (b) maintaining the confidentiality of access credentials
(including but not limited to usernames, passwords, and keys) used by the Customer or its Authorized Users; (c) ensuring
compliance with the Agreement by each Authorized User including compliance with the
OpenText Acceptable Use Policy
(“AUP”) and (d) ensuring compliance with applicable local, state, national laws and regulations in connection with the use of
the Services, including those related to data privacy, international communications and the transmission of data. In particular,
the Services shall not be used by anyone located in U.S.-embargoed countries or on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons or Entity List or to export or re-export
technical data in violation of U.S. export control laws and regulations. Customer agrees to notify Company immediately of any
actual or suspected unauthorized use of Customer’s access credentials or any unauthorized use of the Services.
Customer may only use the Services for Customer’s internal business purposes. Only Authorized Users may access and use the
Services. Customer may not (a) sell, rent or lease the Services in any way, or transfer any of its rights hereunder to any
other person; (b) create any derivative works based upon the Services; (c) modify any of Services (including Related Software),
nor adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of software
used by Company in providing the Services, nor take any other steps to discover the confidential information or trade secrets
in the Services; (d) use the Services in violation of the
OpenText AUP, (e)
create multiple, free accounts under different or fake identities or otherwise that enables Customer to exceed the usage limits
associated with the Service or (f) disclose to any third party the results of any benchmarking testing or comparative or
competitive analyses of the Services done by or on behalf of Customer.
1.4 Changes to the Service.
Company reserves the right to modify the Services at any time. Company may provide notice of changes by posting information
concerning the change (i) via email; (ii) on Company's website (iii) by notification directly through the Services (e.g. on
a Services login page); or (iv) by other industry standard notification system such as social media. Should Company implement
a change that reduces the functionality of the Service in a material manner, Company will issue a notification summarizing
the effects of such a change.
Also, if Customer has established an account with Company and subsequently makes changes to the account, it may affect the
Service provided. For example, if Customer cancels a paid subscription and continues to use a free account, certain features
or benefits may no longer be available to Customer.
If Customer’s account fails to meet the requirements of the Service, Company may take all reasonable remedial measures at its
sole discretion, including the suspension of access to or deletion of files and/or Spaces. Additionally, Company may suspend or
terminate Customer’s free access to the Service or paid subscription if Customer’s usage, in Company’s reasonable opinion, does
not comply with the features, benefits and restrictions that are applicable at that time or causes interference with the normal
functioning of the Service. By way of example only, Customer’s abuse of Company’s cloud storage limitations shall be cause for
suspension or termination of access to the Service.
1.5 Related Software.
Company may provide or permit Customer to download or access software applications for use with the Service (“Related Software”).
Related Software may include development software and tools, and software to be installed on end user devices for the purpose of
using the Services. Subject to Customer’s compliance with these Terms, Company grants Customer a limited non-exclusive,
non-transferable, non-sublicensable license to download and install a copy of each application on a tablet, mobile device or
computer that it owns or controls, and to run such copy of the Related Software solely for its own personal for the sole purpose
of facilitating Customer’s use of the Service. When Customer’s right to receive and use the Services terminates, Customer’s
license to Related Software shall also terminate. Any additional license terms notified to Customer or its Authorized User at the
time of installation of the Related Software or for Related Software accessed through or downloaded from third parties shall also
apply, Customer shall be solely responsible for complying therewith and Company disavows any liability pertaining to any third
party applications, including the performance thereof.
Customer (a) does not have any rights to any software other than as part of receiving the Services; (b) except with respect to
Related Software, does not receive any licenses to the Software; and (c) does not receive any title, rights or ownership in or
to any software.
1.6 Customer Permissions.
Some of the features of the Service are designed to upload, download and synchronize files between Customer’s computer or other
devices (such as Customer’s phone or tablet) and Company’s servers. Depending on the features used, this can happen automatically.
By using the Services, Customer gives Company permission to access Customer’s computer and other devices for the purpose of
providing the Services to Customer. Furthermore, to the extent necessary for Company to provide the Service (and only as necessary),
you give us and our third party service providers permission to take all necessary actions in
processing files uploaded in connection with Customer’s usage of the Service.
As a Hightail account holder, you may send a digital file created by you or others (a “User File”) to, or share a User File with,
recipients identified by email addresses that you provide. Hightail forwards or sends email or other notifications to those
recipients. These email addresses and notifications may be stored by Hightail for your future use and as part of transaction
information we keep relating to User Files. When you use Hightail mobile apps or other client software, we may access your local
device contacts or other web-based contacts you permit us to access for the sole purpose of allowing you to select recipients to
whom you wish to send or share a User File. You can import contacts from services like Gmail and Yahoo Mail also using OpenID
social connectors. Your imported contact lists will only be used to make future communications to those individuals more convenient.
If you have been added to a user’s Hightail address book and no longer wish to have your information used you may contact us at
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