Terms of Service
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1. Who we are
CoGo Cloud (the “Service”) is operated by Fortium Technologies Ltd (“Fortium”, “we”, “us”), a company registered in England and Wales. Our registered office and company number will be filled in before these terms take effect. You can reach us at [email protected].
2. What CoGo Cloud is
CoGo Cloud is a software-as-a-service platform that stores pre-protected optical disc images and serves them to authorised viewers in two playback modes: a browser-native experience and, for Windows users, an authentic native player. The Service is aimed at organisations that own or are authorised to distribute the disc content they upload.
CoGo Cloud does not create, modify, or strip the copy protection that is embedded in the disc images you upload. Protection is added by a separate Fortium product before upload. See the Privacy Notice and the docs/protection-metadata.md reference in the CoGo Cloud documentation for details.
3. Your account and organisation
You need an account to use CoGo Cloud. Accounts belong to individuals; organisations group accounts together and own the discs, distributions, and policies created within them. The first person to register an organisation becomes its Owner and can invite others under the five role tiers (Owner, Manager, Uploader, Viewer, Auditor).
You are responsible for keeping your credentials safe, for the activity on your account, and for ensuring that every person with access to your organisation is entitled to the content stored in it.
4. Your content, your rights
You retain all intellectual property rights in the disc images, metadata, and other content you upload to CoGo Cloud. You grant Fortium a worldwide, non-exclusive, royalty-free licence to store, process, transcode, serve, and transmit your content for the sole purpose of providing the Service to you and to the viewers you authorise. This licence ends when you delete the content or close your account, subject to the retention windows described in the Privacy Notice.
You warrant that you own, or are authorised by the rights holders to distribute, every disc image you upload. You are solely responsible for the legality of the content. If we receive a credible complaint that your content infringes a third party’s rights, we may remove the content, suspend your account, and share details of the complaint with you. [LAWYER REVIEW: our takedown + notice process needs to be defined to match UK Digital Economy Act 2017, EU DSA, and US DMCA.]
5. What you must not do
You must not upload content you do not have the right to distribute. You must not use CoGo Cloud to attempt to circumvent the copy protection on any disc, to extract content that was protected by us or by a rights holder, or to reverse-engineer the Service. You must not attempt to gain unauthorised access to other organisations, other users, or Fortium’s infrastructure.
6. Fees and payment
CoGo Cloud is offered on a subscription basis. Pricing tiers and their features are published at cogonet.com/pricing. Fees are billed in advance and are non-refundable except where required by law. [LAWYER REVIEW: UK consumer rights vs business-to-business distinction — we are B2B-only, which needs to be stated clearly and the right to cancel waived.]
7. Availability and support
We aim to keep the Service available 24/7 but do not guarantee uninterrupted availability. Planned maintenance windows are announced in advance; unplanned outages may occur. We do not offer a service-level agreement at the default tier; enterprise-tier agreements may include an SLA.
8. Data protection
Fortium is the data controller for account-holder personal data and a data processor for the personal data embedded in the content you upload. The Privacy Notice at /legal/privacy describes what we collect, how long we keep it, and how you can exercise your UK GDPR rights (access, rectification, erasure, objection, portability).
9. Liability
Nothing in these terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited. Subject to that, our aggregate liability for any claim arising out of or in connection with CoGo Cloud will not exceed the fees you paid us in the twelve months preceding the claim. [LAWYER REVIEW: cap wording + carve-outs.]
10. Termination
You can close your account at any time from the settings page. We can suspend or terminate your access if you breach these terms or if we are required to by law. On termination we will delete your content per the retention windows in the Privacy Notice.
11. Changes to these terms
We may update these terms from time to time. Material changes will be notified by email at least 14 days before they take effect. Continuing to use the Service after that notice counts as acceptance of the new terms.
12. Governing law
These terms are governed by the laws of England and Wales. Any dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.