Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Tarkle at tarkle.com. That includes the website, our apps, our API, workspaces, file transfers, file requests, Brand pages, Event pages, and related services (together, the “Service”). These Terms cover tarkle.com only.

By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms apply to every user: Free and paid subscribers, team members, and recipients.

Key terms.

• Tarkle Account means the email address you use to sign up and log in, and the profile tied to it. One email is one Tarkle Account.
• Tarkle Workspace means a workspace you create or join with your Tarkle Account. Files, members, settings, and storage live in a Workspace.
• Billing. Plans and billing are tied first to the Tarkle Workspace. Extra purchases, such as add-on services and features, may also be tied to the Workspace or to the Tarkle Account that bought them. Each Workspace has a Billing page that shows its plan, purchases, and invoices.

Tarkle is operated by:

Cloudbrand Technologies, Inc.1309 Coffeen AvenueSuite 15023Sheridan, Wyoming 82801United States

“Tarkle” and “tarkle.com” are trade names of Cloudbrand Technologies, Inc. In these Terms, “Tarkle,” “we,” “us,” and “our” mean Cloudbrand Technologies, Inc. Cloudbrand Technologies, Inc. is the contracting party, the merchant of record for payments made to Tarkle, and the owner of the Service.

These policies form part of these Terms:

• Privacy Policy (https://tarkle.com/privacy)
• Acceptable Use Policy, set out in Section 9
• The Reseller Addendum (https://tarkle.com/reseller-addendum), for accounts on a Reseller or Reseller Pro plan
• The Data Processing Agreement (DPA), where you have accepted or signed one
• Any order form or written agreement you sign with us

If these documents conflict, they take priority in this order:

1. A signed DPA, for data protection matters
2. A signed order form, for the commercial terms it states
3. The Reseller Addendum, for reseller activities
4. These Terms

No document may narrow Section 9.

To use Tarkle, you must:

• Be at least 18, or the age of majority where you live
• Have the legal authority to accept these Terms
• Provide accurate account information
• Not be barred from using the Service under applicable law, including sanctions and export control law

If you use Tarkle for an organization, you confirm that you can bind it to these Terms. “You” then means both you and the organization.

Tarkle is built for business and professional use. If you use it for personal purposes, these Terms still apply, along with any consumer rights you have by law.

• Keep your credentials private. Use accurate information and keep it current.
• Turn on two-factor authentication or passkeys where they are available.
• You are responsible for activity under your account. This does not apply to activity caused by our negligence or by a security incident in our systems.
• Do not share login credentials. Use the team features in your plan instead.
• Tell us right away at legal@tarkle.com if you think your account has been compromised.

Workspaces and administrators. The Tarkle Account that creates a Workspace is its owner. Owners and administrators control members, permissions, sharing settings, and content in the workspace. If you join a workspace owned by an organization, that organization controls the workspace and the content in it, and may access, keep, or remove it.

Data residency. Workspace files are stored in one of four regions: European Union, United States, Hong Kong (Asia Pacific), or Australia (Oceania). You choose the region when you create a Workspace. You can change it one time. A change has a fee, shown on your Billing page before you confirm. A move takes 3 to 5 business days, depending on how much data the Workspace holds. Account data, billing data, and operational data may be processed in other locations, as our Privacy Policy describes.

This section applies to every way you can get access to Tarkle: a subscription, a prepaid term, a one-time purchase, an invoiced order, a promotion, a bundle, or a grant from us. They all follow the same rules.

6.1 Plans. Tarkle offers a permanent Free plan and paid plans. The Pricing page lists current prices, storage, file size limits, team limits, and features.

6.2 Definitions.

• “Purchase” means any paid or granted access to a plan, add-on, or feature, however it is billed.
• “Entitlements” means the plan, features, storage, file size limits, seats, workspaces, and any exceptions included with a Purchase.
• “Access Term” means the period an Entitlement is valid.
• “Entitlement Record” means the written record of a Purchase. It is made up of: your checkout page, invoice, order form, or offer page; the Pricing page as it read on the purchase date; and your account's Billing page, which shows your active Entitlements and Access Terms.

6.3 Purchase types.

6.4 What every Purchase gives you.

1. The Entitlements in your Entitlement Record, for the full Access Term. If the Entitlement Record and the current Pricing page differ, the Entitlement Record governs your Purchase.
2. No reduction during the Access Term. We will not cut core Entitlements during an Access Term, except as Section 6.7 allows. Core Entitlements are the plan, storage, file size limit, seats, workspaces, and the core features listed in the Entitlement Record.
3. Price protection. A price change never applies during a paid Access Term. For recurring subscriptions, it applies from your next renewal, with at least 30 days' notice. A one-time purchase is never charged again for the same Entitlements.
4. Improvements. General improvements to included features are yours at no extra cost. New products, new add-ons, and features we sell separately are not included unless the Entitlement Record says so.
5. Your data. You keep access to export your Content for at least 30 days after any Access Term ends.

6.5 Limits that apply to every Purchase.

• Entitlements belong to the account or workspace named in the Entitlement Record. You cannot resell, split, or transfer them without our written approval. One exception: a whole workspace may move to a new owner through our ownership-transfer process.
• Entitlements cannot be exchanged for cash or credit unless the law or Section 7 says otherwise.
• Reaching an allowance does not end an Access Term. Additional capacity requires an upgrade or an add-on.
• Fair use and acceptable use (Section 9) apply to all Entitlements, including those described as “unlimited.”
• Integrations that depend on a third-party service are available only while that service supports them.
• Unless stated otherwise, multiple Purchases cannot be combined to exceed the published limits of a single plan.

6.6 Product Life for one-time purchases. A one-time purchase, including one advertised as “lifetime,” gives you Entitlements for the Product Life. Product Life is the period during which we offer the purchased plan, or a successor plan with materially similar core functionality. It does not mean the lifetime of a person or a business.

If we stop offering the plan and there is no successor:

• We will give you at least 90 days' notice.
• We will move you to the closest available plan at no additional charge. That plan will keep your core Entitlements, or give you more.
• If no such plan exists, you will have the export period in Section 6.4.

6.7 When Entitlements can change or end. We may change or end an Entitlement during its Access Term only in these cases.

Entitlements cannot change or end in any other way during their Access Term.

6.8 Earlier purchases. If you bought under an earlier plan, offer, or agreement, you keep the Entitlements actually sold to you, as shown in your Entitlement Record. We will not move you to new allowances without your written consent. This applies even if those allowances are no longer sold.

6.9 Renewal. Recurring subscriptions renew automatically for the same billing cycle until cancelled. We send a reminder before each yearly renewal.

6.10 Billing and failed payments. Fees are charged in advance and exclude taxes unless stated. You authorize us and our payment processor to charge your payment method for each billing period, for add-ons, and for applicable taxes. If a payment fails, we retry it and notify you over a 7-day grace period. If it is still unpaid after the grace period, Section 6.7 applies.

6.11 Where to see your Entitlements. Each Workspace's Billing page lists every active Entitlement, its Purchase type, its Access Term, and your invoices. Purchases tied to your Tarkle Account appear in your account billing settings. Email legal@tarkle.com for a copy of your Entitlement Record at any time.

7.1 Cancellation. You can cancel at any time in your account settings. Cancellation stops future renewals. Your paid access continues until the end of the current period.

7.2 Refunds. Tarkle has a permanent Free plan, so you can try it before you pay. Payments are non-refundable once processed, except where the law requires a refund or this Section says otherwise. We will refund a duplicate charge or a billing error once we confirm it.

7.3 Chargebacks. Contact us before filing a chargeback so we can fix the problem. A chargeback for a valid charge may lead to suspension of your account.

8.1 Ownership. You own the files, folders, messages, pages, and other content you upload or create (“Content”). We do not claim ownership of it.

8.2 License to us. You give us a worldwide, non-exclusive, royalty-free license to use your Content only to operate, secure, and support the Service and to follow your instructions. That includes:

• Hosting and storing it
• Transmitting it to recipients you choose
• Displaying it and generating previews
• Making temporary processing copies and encrypted backups
• Running automated security and malware scans

The license ends when your Content is permanently deleted, apart from backups that roll off on schedule and copies we must keep by law.

8.3 No AI training. We do not use your Content to train artificial intelligence models.

8.4 AI features. Some features, such as smart filenames, send limited Content or metadata to an AI provider to produce a result for you. The provider is not allowed to use it for training. You can choose not to use these features.

8.5 Your promises. You confirm that you have the rights needed to upload and share your Content, and that your Content and your use of the Service follow the law and these Terms.

8.6 Backups. We back up the Service, but backups do not replace your own. Keep your own copies of important files.

You may not use the Service, or help anyone else use it, for any of the following.

9.1 Illegal and harmful content

• Child sexual abuse material, or any content that sexualizes or exploits minors. We report it to the National Center for Missing & Exploited Children (NCMEC) and law enforcement, and close the account.
• Intimate or sexual images of a person shared without their consent, including synthetic or AI-generated images
• Content that promotes, threatens, or supports terrorism, violent extremism, or serious violence
• Content that promotes hatred, harassment, or violence against people based on race, ethnicity, national origin, religion, caste, sex, gender identity, sexual orientation, age, disability, or any other protected characteristic
• Content that promotes self-harm, suicide, or eating disorders
• Graphic cruelty to people or animals presented to glorify it
• Sales or distribution of illegal goods, controlled substances, weapons, or illegal services
• Any other illegal content, or content that teaches or helps carry out illegal activity

9.2 Rights of others

• Infringing copyright, trademark, trade secrets, publicity, or other rights
• Distributing pirated software or media, or tools to bypass copy protection
• Sharing someone's private, confidential, financial, health, or identifying information without authorization, including doxxing
• Defaming, stalking, threatening, intimidating, or harassing anyone

9.3 Fraud and deception

• Phishing, collecting credentials, or hosting fake login pages
• Impersonating any person, brand, or organization, including through a Brand page, Event page, or custom domain
• Scams, investment fraud, pyramid schemes, or fake invoices
• Altered, spoofed, or false source information
• Disinformation meant to cause public harm or manipulate elections

9.4 Malware and security

• Uploading or sharing viruses, ransomware, spyware, trojans, or other malicious code
• Probing, scanning, or testing our systems without written permission. Report vulnerabilities to legal@tarkle.com, subject line “Security,” instead.
• Bypassing authentication, access controls, encryption, or rate limits
• Accessing non-public areas of the Service, or Content you were not given access to
• Interfering with the Service through flooding, overloading, denial-of-service attacks, or mail-bombing
• Running botnets, command-and-control servers, or attack infrastructure

9.5 Spam

• Sending unsolicited bulk messages, invitations, file transfers, or file requests
• Using share links or notifications to deliver spam or phishing
• Messaging contact lists that were bought, sold, or harvested

9.6 Resource abuse

• Running a public content delivery network, open file host, warez site, or public streaming service
• Using Tarkle as backend storage for another cloud service
• Cryptocurrency mining, or proof-of-space or proof-of-storage systems
• Bypassing storage, transfer, file size, workspace, or seat limits, including by opening multiple accounts
• Abusing the Free plan, referrals, promotions, or affiliate programs
• Accessing or collecting data through bots or automation, except through our published API and within its limits
• Copying, framing, mirroring, decompiling, or reverse engineering the Service, except where the law allows it
• Reselling or sublicensing the Service without a Reseller plan or our written approval

9.7 Payments

• Using stolen or unauthorized payment methods
• Filing chargebacks for valid charges
• Getting paid features without paying for them

9.8 Our people

• Harassing, threatening, or abusing our staff or anyone working for us.

We do not review Content before it is shared, and we have no duty to monitor it. We use automated tools, user reports, and human review to find and investigate violations.

If we believe these Terms have been broken, we may:

• Remove or restrict Content
• Disable links, file requests, pages, or custom domains
• Limit features, storage, or bandwidth
• Issue a warning
• Suspend or close accounts and workspaces
• Preserve and report information to authorities where the law requires it or where safety is at risk

Our response depends on the severity of the violation. Child sexual abuse material, malware, and phishing are removed immediately, and the account is closed without warning. Repeat violations lead to permanent closure.

Where the law requires it, and where it is safe to do so, we will tell you what action we took and why. You can appeal at legal@tarkle.com. A person will review your appeal.

Abuse. Report illegal content or misuse at legal@tarkle.com with the subject line “Abuse report,” or with the report link on any shared page. Include the link and a short description. If someone is in immediate danger, contact emergency services first.

Copyright. We respond to notices under the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. Send notices to our designated agent at legal@tarkle.com, subject line “DMCA notice,” or by mail to the address in Section 2. A notice must include:

• Your contact details
• The work you believe was infringed
• The link to the material
• A statement that you believe in good faith the use is not authorized
• A statement, under penalty of perjury, that the notice is accurate and that you are the owner or are authorized to act for the owner
• Your physical or electronic signature

If your Content was removed and you believe that was a mistake, you may send a counter-notice to the same address. We close the accounts of repeat infringers where appropriate.

You do not need an account to receive files through Tarkle. If you receive Content:

• The sender controls it and its access settings.
• We are not responsible for Content sent by others.
• You may only access Content you were given access to.
• Report Content that breaks these Terms under Section 11.

Reseller plans. Reseller and Reseller Pro accounts are also governed by the Reseller Addendum (https://tarkle.com/reseller-addendum).

Partner platforms. Some businesses offer services built on Tarkle under their own brand. If you use one of those services, that business's terms and privacy policy govern your relationship with it. We supply the software and infrastructure as its technology provider, and we may enforce acceptable use rules directly.

14.1 Limits. Each plan includes limits on storage, file size, transfers, and team members. When you reach a limit, uploads may stop until you free up space or upgrade. Reaching a limit does not delete existing files.

14.2 Deleted files. Deleted files stay recoverable for the period your plan allows. After that, they are permanently removed.

14.3 Expiring shares. Transfers and links expire on the schedule you set.

14.4 Downgrades and ended paid plans. When a paid plan ends, your workspace moves to the Free plan at the end of the paid period. If your content is over the Free limits, you will not be able to upload new files. You can still download your files for 30 days. After that, we may delete content above the Free limits, newest uploads first, unless you upgrade or reduce your usage first. We will email you before any deletion.

14.5 Account deletion. If you delete your account, access ends right away. Your data is permanently deleted within 30 days, apart from backups that roll off on schedule and records we must keep by law.

14.6 Inactive Free accounts. Free accounts with no sign-in or workspace activity for 6 consecutive months may be deleted. We will send at least one notice first.

14.7 Unverified accounts. Accounts whose email address is not verified within 48 hours of signup may be deleted automatically.

14.8 Termination for violations. If we close an account for a serious violation under Section 10, its data may be deleted immediately.

All permanent deletions are final. Export your data before any deletion date.

Availability. We target 99.9% monthly uptime for core services on paid plans. The target excludes scheduled maintenance, which we announce at least 48 hours in advance where practical. It also excludes events outside our reasonable control. We do not promise uninterrupted service.

Service credits. If significant downtime within our control affects a paid plan, contact us within 30 days to discuss a service credit. Credits are at our discretion, apply to future invoices, cannot be exchanged for cash, and are your only remedy for downtime.

Support. Support is available Monday to Friday, 10 AM to 4 PM Eastern Time, excluding U.S. federal holidays. Response times are targets, not guarantees.

The Service may connect to other services, such as Google Drive, Dropbox, Slack, payment processors, and AI providers. Your use of them is governed by their terms, and we are not responsible for them. If you connect a third-party service, you authorize us to exchange data with it as the integration needs.

We and our licensors own the Service, including its software, design, documentation, and the Tarkle name and logos. Your Content is excluded.

Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Service while your account is active.

We may use feedback you give us without any obligation to you.

If you are a business customer, we treat your Content and non-public account information as confidential. We use it only to provide the Service and disclose it only as these Terms and our Privacy Policy allow. Please treat our non-public pricing, roadmap, and security information the same way.

Service changes. We may add, change, or remove features. Changes to Entitlements during an Access Term are limited by Section 6.7.

Terms changes. For material changes to these Terms, we will give at least 30 days' notice by email or in the Service. Changes required by law or for security may take effect sooner. If you keep using the Service after the effective date, you accept the updated Terms.

You may stop using the Service and delete your account at any time.

We may suspend or close your account for:

• A breach of these Terms
• Non-payment
• Fraud
• A security risk
• A legal requirement
• Long inactivity on a Free account

Where practical, we will give notice and a chance to export your data. Serious violations may be acted on immediately under Section 10.

The following sections survive termination: Sections 6.4(5), 6.8, 7, 8.2 (until deletion), 11, 14, and 17 to 25, including the arbitration agreement in Section 24.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL NEVER BE LOST.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US$100.

These limits do not apply to liability for death or personal injury caused by negligence, to fraud, or to anything else that cannot be limited by law. Consumer rights that cannot be waived are not affected.

You will defend and indemnify Cloudbrand Technologies, Inc. and its officers, directors, employees, contractors, and agents against third-party claims, losses, and costs, including reasonable legal fees. This covers claims arising from your Content, your use of the Service, your breach of these Terms, or your violation of the law or anyone's rights.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU CAN OPT OUT UNDER SECTION 24.8.

24.1 Governing law. These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules. The Federal Arbitration Act governs this Section 24.

24.2 Informal resolution first. Before starting arbitration or a small claims case, the party with the claim must send a written notice to the other. Send yours to legal@tarkle.com with your name, your Tarkle Account email, a description of the dispute, and the relief you want. We will send ours to your Tarkle Account email. Both parties will try in good faith to resolve the dispute for 60 days after the notice is received. Deadlines to bring a claim are paused during those 60 days.

24.3 Agreement to arbitrate. If the dispute is not resolved within 60 days, you and Cloudbrand Technologies, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your Tarkle Account or Tarkle Workspace (“Dispute”) will be resolved by final and binding individual arbitration. This includes Disputes about the scope, enforceability, or validity of this Section, except as Sections 24.6 and 24.10 say.

24.4 Rules and location. The American Arbitration Association (“AAA”) administers the arbitration under its Consumer Arbitration Rules if you are an individual using the Service mainly for personal purposes, and under its Commercial Arbitration Rules otherwise, as modified by this Section. A single arbitrator decides the Dispute. Hearings take place by video or phone unless the arbitrator decides an in-person hearing is needed. An in-person hearing takes place in the county where you live or work, or in Sheridan County, Wyoming, if you are a business. Fees are paid as the AAA rules provide. If you are an individual and the filing fee is more than a court filing fee would be, we will pay the difference.

24.5 Exceptions. Either party may instead:

• Bring an individual claim in small claims court, as long as it stays there and proceeds on an individual basis
• Ask a court for an injunction or other equitable relief to stop infringement, misuse, or misappropriation of intellectual property, or unauthorized access to the Service
• Report abuse, fraud, or unlawful content to authorities

24.6 Class action waiver. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party asking for it, and only as much as that party's individual claim needs. The arbitrator may not combine more than one person's claims. Only a court, not an arbitrator, may decide whether this Section 24.6 is valid and enforceable.

24.7 Jury trial waiver. If a Dispute goes to court for any reason, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL, to the extent the law allows.

24.8 Opt-out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms. Email legal@tarkle.com with the subject line “Arbitration opt-out” from your Tarkle Account email, and include your name and that email. If you opt out, Disputes go to the state or federal courts in Wyoming, and the rest of these Terms still applies. Opting out does not affect any earlier arbitration agreement you had with us.

24.9 Mass filings. If 25 or more similar arbitration demands are filed against us, or by us, by the same or coordinated counsel or organizations, they are handled under the AAA Mass Arbitration Supplementary Rules. Where those rules do not apply, the demands are filed and decided in batches of up to 50, one batch at a time, with one arbitrator per batch. Deadlines to bring the claims are paused while they wait. Each party may ask a court to enforce this paragraph.

24.10 If part of this Section fails. If the class action waiver in Section 24.6 is found unenforceable for any claim or type of relief, that claim or relief is removed from arbitration and goes to the state or federal courts in Wyoming. The rest of the claim stays in arbitration, and the court case waits until the arbitration ends. If any other part of this Section is found unenforceable, the rest still applies.

24.11 Changes to this Section. If we change this Section, the change does not apply to a Dispute we already had notice of. You can reject a material change by emailing legal@tarkle.com within 30 days after it takes effect. The earlier version then continues to apply to you.

24.12 Where local law decides otherwise. If you are a consumer in the European Union, the European Economic Area, the United Kingdom, Switzerland, Australia, or another place whose law does not allow pre-dispute arbitration or class action waivers in consumer contracts, Sections 24.3 to 24.11 do not apply to you. You keep the protection of the mandatory law where you live and may bring claims in your local courts.

Entire agreement. These Terms and the documents in Section 3 are the full agreement between you and us about the Service.

Severability. If any part of these Terms is unenforceable, the rest still applies.

No waiver. If we delay enforcing a right, we have not given it up.

Assignment. You may not transfer these Terms without our consent. We may transfer them in a merger, acquisition, financing, reorganization, or sale of assets.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control. This does not excuse payment.

Notices. We send notices to your account email. Send notices to us at legal@tarkle.com or by mail to the address in Section 2.

Sanctions and export laws. You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive sanctions, or if you are named on a government sanctions list, or owned or controlled by someone who is. You may not use the Service to send content to or receive content from those people or places, or to export anything in breach of export control laws. We may refuse, suspend, or close access, and hold content, where the law requires it. Where the law allows, we refund prepaid fees for access we had to end for this reason.

Legal notices and questions about these Terms: legal@tarkle.com

Privacy questions and requests: privacy@tarkle.com

Cloudbrand Technologies, Inc.1309 Coffeen AvenueSuite 15023Sheridan, Wyoming 82801United States