Terms of Service for S4 BETA Testers

DISCLAIMER
Introduction
General
Privacy
Takedown and enforcement
Limitations on service
Miscellaneous
Xin chọn

Thank you for being a MEGA S4 beta tester. Before you start using MEGA S4, please read the below disclaimer and Additional Terms of Service for MEGA S4 carefully. Please also read MEGA’s General Terms of Service. They also cover your use of MEGA S4 subject to the Additional Terms of Service.

IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, DO NOT ACCESS MEGA S4.

DISCLAIMER

MEGA S4 REMAINS IN DEVELOPMENT AND MAY CONTAIN BUGS AND/OR STABILITY ISSUES. IT IS PROVIDED TO YOU FOR USE ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY BY MEGA AS TO ITS PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK IN USING MEGA S4. YOU MUST MAINTAIN COPIES OF ALL DATA STORED BY YOU ON MEGA S4. WE DO NOT MAKE ANY GUARANTEES THAT THERE WILL BE NO LOSS OF DATA. WE ALSO DO NOT MAKE ANY GUARANTEE THAT WE WILL CONTINUE TO OPERATE MEGA S4 ONCE BETA TESTING IS COMPLETE.

EXCEPT AS EXPRESSLY PROVIDED IN THE ADDITIONAL TERMS OF SERVICE FOR MEGA S4, MEGA’S GENERAL TERMS OF SERVICE APPLY TO YOUR USE OF MEGA S4.

As a Beta tester, MEGA S4 is provided to you at no additional cost for use within your allocated storage limit as set out in the voucher you received from us. However, once beta testing is complete, MEGA may in its discretion discontinue MEGA S4, disable all or part of your access to MEGA S4, restrict access to all or part of the data stored by you on MEGA S4 and/or start charging you for MEGA S4. We will give you at least 30 days’ notice before we so disable or restrict your access or start charging.

ADDITIONAL TERMS OF SERVICE FOR MEGA S4

To be a MEGA S4 beta tester, you must use the S3 REST API provided within MEGA S4 (not just the MEGA S4 capability available from our website at https://mega.nz and our mobile and desktop apps) and engage with the MEGA S4 Beta Testers Community by, upon request by MEGA, joining an online messaging board, providing feedback, responding to surveys and/or attending interviews. If you do not use the S3 REST API or if you do not engage with the MEGA S4 Beta Testers Community, MEGA may revoke your access to MEGA S4 as a beta tester and, if applicable, your free access to MEGA’s Pro Flexi.

Introduction

MEGA S4 is MEGA’s Simple Secure Storage Service. It provides object storage using the S3 protocol. Other than data stored on temporary S4 cache servers, all data stored by MEGA is encrypted, but one difference between MEGA S4 and the MEGA file storage you already know is that the data S4 is not zero-knowledge encrypted (i.e. it does not use user-controlled encryption (UCE)).

This means the references in clause 7 of MEGA’s General Terms of Service to ‘UCE’, and to the fact that only you have ‘encrypted control’ of who has access to your data do not apply to MEGA S4. However, the remainder of clause 7 otherwise applies to MEGA S4:

  • You should keep your password and Recovery Key safe and confidential.
  • Encryption won’t help if someone has full access to your system or device.
  • You must not share your password with anyone else unless you wish them to have access to your data.
  • If you lose or misplace your password, you will lose access to your data.
  • We strongly urge you to use best practices for ensuring the safety and security of your system and devices (e.g. via unique passwords, security upgrades, firewall protection, anti-virus software, securing and encrypting your devices).
  • Mega will never send you emails asking for your password so do not be fooled by any such email since it will not be from us.

The fact that the files you upload, access and share using MEGA S4 (S4 Files) are not encrypted with UCE has an impact on what MEGA is technically able to do when it receives requests in criminal and civil actions involving content uploaded by its users. We will respond to such requests in accordance with our Takedown Guidance Policy.

General

  1. You confirm you, and any users of a MEGA business account of which you are the administrator, are at least 18 years of age, or the age of majority in the jurisdiction where you reside.
  2. You and anyone who you allow to access or use MEGA S4 are bound by:
    1. the above disclaimer;
    2. these Additional Terms of Service for MEGA S4; and
    3. MEGA’s General Terms of Service, excluding clause 7 but including the disclaimers, limitations of liability and indemnity provisions set out in clauses 40-51.

(together, these Additional Terms of Service for MEGA S4 and MEGA’s General Terms of Service, are the Terms).

  1. You agree that uploading, accessing, storing, managing, sharing and downloading files with MEGA S4 constitutes a “service”, as defined in clause 1 of MEGA’s General Terms of Service and clause 1 should be read accordingly. If there is any conflict between these Additional Terms of Service for MEGA S4 and MEGA’s General Terms of Service, the provisions in these Additional Terms of Service for MEGA S4 prevail.

Privacy

  1. S4 Files may be personal information (the New Zealand term for ‘personal data’ as defined in the European Union’s General Data Protection Regulation (EU) 2016/679 (GDPR)).
  2. Therefore, MEGA’s Privacy and Data Policy applies to your use of MEGA S4, with the exception of clauses 4.2 and 6, as if references to ‘Files’ in clauses 8, 12, 15, 16 and 17 of that Policy were references to ‘S4 Files’.
  3. You are the controller of your S4 Files under the GDPR. We will process your S4 Files in compliance with applicable privacy laws, including the New Zealand Privacy Act 2020, GDPR and MEGA’s Privacy and Data Policy, with the necessary changes set out above.
  4. In lieu of clause 6 of MEGA’s Privacy and Data Policy, the following specific terms also apply:
    1. When you upload an S4 File, we generate and store previews of images, videos and certain other types of file. We gather a small amount of metadata about the type of file, but that does not disclose the content or information that the file contains. In relation to metadata, see the section of MEGA’s Privacy and Data Policy specifically covering Account Data.
    2. We store your S4 Files and make them available from servers that are owned and controlled by us, in secure facilities in New Zealand, Canada, Japan and the European Union. None of Your S4 Files are stored in, or made available from, the United States of America.
    3. We keep your S4 Files while you are subscribed to our services but subject to our suspension and termination rights set out in MEGA’s General Terms of Service. You should download your S4 Files prior to termination of services including when the administrator of a business account, within which you have used MEGA S4, terminates that business account (see clause 13 of MEGA’s Privacy and Data Policy).
    4. When you delete one of your S4 Files it will be made inaccessible, marked for deletion and removed when the next appropriate file purging process is run, subject to any retention specifically allowed under MEGA’s Privacy and Data Policy or MEGA’s General Terms of Service. After account termination, all your S4 Files will be marked for deletion and removed when the next appropriate file purging process is run, subject to any retention specifically allowed under MEGA’s Privacy and Data Policy or MEGA’s General Terms of Service.
    5. If you delete a deduplicated S4 File from your account, that will not affect other users with the right to access that S4 File (see clause 9 of MEGA’s General Terms of Service).
    6. We may, but are not obliged to, keep your S4 Files after your account has been suspended or terminated. In particular, we may, but are not obliged to, keep your S4 Files where we consider it necessary for evidential purposes relating to a breach of the Terms or with respect to current or anticipated action by any competent enforcement authority or other third- party.
    7. See also the General section of MEGA’s Privacy and Data Policy which applies to all types of data, including S4 Files.
    8. We do not collect or store any data that is not mentioned in MEGA’s Privacy and Data Policy. We will never sell your personal information to a third-party.

Takedown and enforcement

  1. MEGA’s Takedown Guidance Policy applies to your use of MEGA S4. If we think it is necessary or we are obliged by law in any jurisdiction, then we are entitled to give copies of your S4 Files to competent authorities.
  2. If MEGA becomes aware of any breach by you of these Additional Terms for MEGA S4 or MEGA’s General Terms of Service, we reserve the right to close or suspend your entire MEGA account and take any further steps provided for in MEGA’s Takedown Guidance Policy, Privacy and Data Policy and/or General Terms of Service.

Limitations on service

  1. As MEGA S4 remains in development, we may impose storage limits, block access to, suspend or discontinue MEGA S4, or block certain kinds of usage at any time where we consider it necessary for our business purposes. We will attempt to give prior notice of such action wherever possible but may act without notice to you.

Miscellaneous

  1. If you need support with MEGA S4, please email us at s4@mega.nz.
  2. MEGA may replace any version of MEGA S4 with a new version or add new features to a current version at any time. These Additional Terms will automatically apply to any revised or new features or new version.
  3. You are responsible for all costs and expenses associated with your use of MEGA S4, including any data charges from third-party service providers. You are also responsible for ensuring you have a stable and active connection to the Internet.
  4. These Additional Terms of Service for MEGA S4 may be amended, superseded or revoked at any time.