Terms of service

The contract can be concluded in Czech. The Czech version is binding; this English text is a translation for your information and in case of conflict the Czech version prevails. The app's other languages link to the English translation.

1. Operator and contact

The zDrive service ("the service") is operated by Martin Zahálka, a sole trader (OSVČ), ID no. 07783809, registered address Havlíčkova 1550/54, 680 01 Boskovice, Czech Republic, registered in the trade register kept by Městský úřad Boskovice (trade licensing department) ("we" or "the operator"), under the zcloud.cz brand. The service runs at https://drive.zcloud.cz; information about it is at https://zdrive.zcloud.cz.

E-mail: martin@zcloud.cz. Phone: +420 705 903 971. Single point of contact for users and authorities under Regulation (EU) 2022/2065 on digital services ("DSA"): martin@zcloud.cz. We communicate in Czech and English; messages are answered by a human, not an automated system.

2. Formation of the contract

1. The contract for use of the service between you and us is formed when you complete registration or, as the case may be, on the first sign-in with a ZCLOUD account. We will show a link to these terms and to the policy at registration and at sign-in with a ZCLOUD account and ask you to confirm; until the app does this, the terms bind you only once you have been informed of them and continue to use the service.
2. The contract is concluded in Czech. The current and earlier versions of the terms are sent to you by e-mail on request (martin@zcloud.cz).
3. The terms form part of the contract within the meaning of s. 1751 of the Czech Civil Code. Information on personal data processing is in the separate Privacy Policy ("the policy"), which is not part of the contract and which you acknowledge. For businesses, section 12 also forms part of the contract.

3. Account

1. The service may be used by a person who has reached the age of 15. By registering you confirm that you meet this condition. If you are under 18, you confirm that concluding this free contract is appropriate to your intellectual and volitional maturity and that your legal guardian does not object to it.
2. At registration you provide a genuine e-mail address you have access to. We use it for service communication, including notices of changes to these terms, and for password recovery.
3. Keep your password, two-factor recovery codes, personal API tokens and connected-app access away from third parties. You are responsible for activity under your account within the scope of the permissions you granted, including the activity of tools and apps you gave access to and what recipients of your share links with write permission do. This does not apply to activity that occurred without your fault, in particular as a result of an error on our side or after you reported the misuse to us. We are responsible for securing the service and enforcing the granted permissions.
4. Report misuse of your account without undue delay to martin@zcloud.cz. In the app you can revoke API tokens and connected apps and change your password.
5. One person may hold only one free account. Creating additional accounts to circumvent the quota is not allowed.

4. Description of the service

1. The service comprises: storing files and folders in cloud storage; syncing one chosen folder between computers (Windows, macOS); web, desktop and mobile apps; file version history; trash; sharing by link; personal API tokens; connecting external apps and AI assistants through the MCP interface; the zdrive-backup tool for backing up from servers; the Photos feature (a timeline based on photo metadata, and albums). For every uploaded image the server automatically reads technical data (EXIF including GPS) and generates thumbnails; details are in the policy, section 5.
2. Storage quota: a free account has 50 GB. The quota counts current files, retained older versions and the contents of the trash. Once the quota is reached you cannot upload new files or versions until you free up space.
3. Versions: we keep at most 10 versions per file; when a new version is created the oldest surplus version is removed.
4. Trash: deleted files stay in the trash until you empty it. The trash is not emptied automatically.
5. The service is not a backup. It is storage and sync without guaranteed availability. You are obliged to prevent damage, in particular by keeping your own copy of important data outside the service.
6. Availability: we provide the service without guaranteed availability (no SLA). It may be temporarily unavailable due to maintenance, updates, outages at infrastructure providers or for security reasons. We will try to announce longer planned downtime in advance.
7. Changes to features: we may change, add or remove features. Removal or limitation of a feature that materially limits use of the service is announced under section 13.
8. Price: the service is free of charge. A paid plan can be agreed only on the basis of your separate order with all the requirements for consumer distance contracts; we will not make a free account chargeable by changing these terms.

5. Your content

1. The files you upload to the service ("content") remain yours. We acquire no rights to them other than the licence in paragraph 2.
2. You grant us a non-exclusive, royalty-free, worldwide licence to the content to the extent necessary to run the service: to store it, make copies for redundancy and versions, split it into blocks, read technical data of images and generate thumbnails, transfer it to your devices, and make it available to the persons and apps you grant access to. The licence lasts as long as the content is in the service, plus the time needed for technical deletion under the policy, section 6.
3. We do not use content for advertising, for training artificial intelligence, for sale, or for anything other than what paragraph 2 describes.
4. You confirm that you hold the necessary rights to the content and that storing and sharing it does not infringe third-party rights or the law.

6. Prohibited use

You must not use the service to:

1. store or share content that is illegal, in particular child sexual abuse material, content infringing copyright, trademarks or trade secrets, or content whose possession or distribution is a criminal offence;
2. distribute malware, phishing or spam;
3. use the service as a public distribution channel, in particular by publishing share links for an unlimited audience (on public websites, forums, in catalogues); sharing with specific recipients you choose is allowed;
4. circumvent the quota with multiple accounts, undermine security, bypass rate limits, overload the service or attempt to access other people's data;
5. resell the service or provide it to third parties without our agreement;
6. infringe the rights of other users or third parties.

7. Content moderation (Art. 14 DSA)

1. We do not monitor content across the board and do not automatically evaluate its meaning (the automatic reading of technical image data and thumbnail generation under section 4(1) is not moderation). We act only on a notice (section 8), on our own finding while handling a notice, or on an order from a public authority.
2. Every notice is assessed by a human, not an automated system.
3. Possible measures, proportionate to the seriousness: disabling a share link, making a specific file inaccessible, temporary account suspension, account termination under section 9.
4. We inform you of a measure, including an account suspension or a revocation of a connected app's access on our side, by e-mail with a statement of reasons (Art. 17 DSA): what we did, on which facts, whether automated means were used (today none), the legal or contractual ground and what redress is available to you; this does not apply where the law forbids it. You may complain about a measure to martin@zcloud.cz within 6 months; we assess it without undue delay and in a non-arbitrary manner and reply with reasons. You may further turn to a court or to out-of-court dispute resolution under section 14.
5. We report suspected criminal offences threatening life or safety to law enforcement (Art. 18 DSA).
6. We may reject a notice only when it is demonstrably abusive; mere repetition of a notice is never a separate reason for rejection. We handle each notice diligently, non-arbitrarily and objectively (Art. 16(6) DSA).

8. Notice of illegal content (Art. 16 DSA)

1. If you believe content in the service is illegal, send a notice by e-mail to martin@zcloud.cz. Notices can be submitted only electronically.
2. The notice must contain: the link or another precise identification of the content; an explanation of why you consider it illegal; your name and e-mail (not required for child sexual abuse material); a statement that you submit the notice in good faith and that the information is accurate and complete.
3. We confirm receipt by e-mail. We inform you of the decision without undue delay, including whether automated processing was used (today none).

9. Termination, switching to another provider and retrieving data

1. Termination by you: you may terminate the contract at any time without notice and without giving a reason, by requesting account deletion by e-mail from the account's address to martin@zcloud.cz (self-service deletion in the app does not exist yet). Before you request deletion you may download your data at any time. We close the account within 30 days of the request, or sooner if you ask; data is deleted under the policy, section 6.
2. Termination by us without a reason: we may terminate the contract by e-mail with 30 days' notice. Our notice does not run during a switching process under paragraph 4 and does not shorten the data retrieval period under paragraph 6.
3. Termination by us with immediate effect: on a serious or repeated breach of section 6 or under a legal obligation. Discontinuation of the whole service is announced with at least 30 days' notice.
4. Switching (Regulation (EU) 2023/2854, Data Act): you may at any time request switching to another provider or to your own infrastructure. Switching takes place without undue delay and at the latest within 30 days of your request (transitional period); during switching the service keeps running and the contract ends on completion of the switch. If we cannot complete the switch within that period for technical reasons, we will tell you within 14 working days of the request and state an alternative period of at most 7 months. You may also extend the transitional period once (Art. 25(5) Data Act).
5. What you can retrieve: files and folders in their original format, including retained older versions and the contents of the trash, through the app, the API or zdrive-backup; an export of metadata (names, paths, times, sizes) in a machine-readable format through the API or on request. Other data (operational logs) is not part of the switch. We charge nothing for switching or retrieving data.
6. Data retrieval period: if the contract ends by our notice or by the end of the service, or on a switch to another provider under paragraph 4, you have at least 30 days to retrieve your data. If you yourself request account deletion, you retrieve your data before the request (paragraph 1). This does not apply to content made inaccessible as illegal. After the period we delete the data under the policy, section 6.

10. Liability

1. The service is free of charge and is not a backup (section 4(5)). You are obliged to prevent damage, in particular by keeping your own copy of important data; what you could have averted in this way is taken into account when determining compensation.
2. If you are a business, our total liability for harm under the contract is limited to half of the monthly fee you paid for the service for the month in which the event occurred; if you pay nothing for the service, the cap is 0 CZK; this does not apply to harm caused intentionally or by gross negligence or to harm to a person's natural rights. The cap also does not apply if you are the weaker party towards us (ss. 433 and 2898 Civil Code).
3. If you are a consumer, paragraph 2 does not apply to you and our liability is governed by the law.
4. We are not liable for content you store or share, nor for the conduct of recipients of your share links or of apps you connected, where they act within the permissions you granted them.
5. We are not liable for unavailability caused by circumstances beyond our control, including outages at infrastructure providers, where we could not have prevented them.

11. Connected apps and AI assistants (MCP, API)

1. Through OAuth (MCP) or a personal API token you can allow an external app, including an AI assistant, to access the service. You choose the scope ("read" or "write"); what each scope permits is described in the policy, section 9.
2. A connected app acts on your behalf within the permissions you granted it. Everything it does with your account within that scope (including deleting files to the trash or creating a share link) is treated as your own action. We recommend granting only "read" unless you need write access. We are responsible for enforcing the granted permissions.
3. Content a connected app reads is transmitted to that app's operator. We are not responsible for that app's terms or behaviour.
4. You can revoke access at any time in account settings; it takes effect within 15 minutes at the latest. Share links the app created do not end with the revocation; revoke them separately in the sharing overview or with the revoke_share_link tool. We may also revoke access, in particular on suspected misuse, when you change your password, or when a code or token is detected being reused; we inform you under section 7(4).
5. Use the API and MCP within reason; rate limits apply to the interfaces.

12. Processing of personal data for businesses (Art. 28 GDPR)

This section applies if you use the service as a business and store personal data of other people in it; you are then the controller of that data and we are the processor. This section is the data processing contract under Art. 28(3) and (9) GDPR; it is concluded in electronic form together with the contract for use of the service, and no separate document is needed.

1. Subject matter and duration: storage, sync, sharing and making content available for the life of the account.
2. Nature and purpose: technical storage and transfer of the content you upload; automatic reading of technical image data and thumbnail generation.
3. Type of data and categories of data subjects: determined by you through the content you upload.
4. Instructions: we process data only on your documented instructions; you give instructions solely through the app, the API and MCP (upload, sync, share, delete). We transfer data to third countries only to the extent described in point 11. If Union or Member State law requires us to process data beyond your instructions, we inform you beforehand unless that law prohibits it. If an instruction in our view infringes the GDPR, we inform you.
5. Confidentiality: only the operator, bound by confidentiality, has access to the content; we do not look into it except as stated in the policy, section 5.
6. Security: the measures in the policy, section 12.
7. Sub-processors: listed in the policy, section 7. We announce a change of sub-processor under section 13; you may object and terminate the contract before the change takes effect. We impose the same data protection obligations on sub-processors by contract (Art. 28(4) GDPR) and are liable to you for their performance as for our own.
8. Assistance: we help you handle data subject requests (access, erasure, portability) reasonably, taking into account the nature of the processing and what is feasible, including manual assistance where the app has no self-service function (Art. 28(3)(e) GDPR), and with your obligations under Arts. 32 to 36 GDPR, including notifying a security breach without undue delay.
9. Deletion: after the contract ends we delete the data under the policy, section 6; before that you can retrieve it under section 9.
10. Demonstrating compliance: on request we provide the information necessary to demonstrate compliance with this section and allow audits to a reasonable extent and by prior arrangement.
11. Transfers outside the EU: under the policy, section 8.

13. Changes to the terms (s. 1752 Civil Code)

1. We may change these terms to a reasonable extent for these reasons: a change in law or its interpretation; adding, changing or removing features of the service; security-related changes; a change of infrastructure providers or sub-processors; correction of errors or ambiguities in the text. Making a free account chargeable by changing the terms is not possible (section 4(8)).
2. We notify you of a change by e-mail to the account's address and in the app at least 30 days before it takes effect, together with a summary of the changes.
3. You may reject the change and terminate the contract at any time before it takes effect, by requesting account deletion (section 9) or by e-mail; termination is free of charge and carries no penalty. You can download your data before ending the contract.
4. If you do not terminate the contract before the change takes effect and continue using the service, the new wording applies to you.
5. Changes that do not alter your rights and obligations (typo corrections, updated contact details) or are solely in your favour may take effect on the day of publication.

14. Governing law and dispute resolution

1. The contract is governed by the law of the Czech Republic. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of the country of your habitual residence.
2. Out-of-court dispute resolution: if you are a consumer and a dispute arises between us that cannot be settled by agreement, you may file a petition for out-of-court resolution of a consumer dispute with the Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate, ADR department, Gorazdova 1969/24, 120 00 Praha 2, e-mail podatelna@coi.gov.cz, https://coi.gov.cz/informace-o-adr/ (the petition is filed through the form at https://eportal.coi.gov.cz), no later than 1 year from the day you first raised the claim with us. Note that under its own rules the Authority does not handle disputes about services provided free of charge.
3. Supervision: the Office for Personal Data Protection (personal data), the trade licensing office Městský úřad Boskovice (odbor živnostenský), the Czech Trade Inspection Authority (consumer protection), the Digital Services Coordinator under the DSA (in the Czech Republic the Czech Telecommunication Office is to be designated once the implementing act is adopted, https://ctu.gov.cz/digitalni-sluzby).
4. Court disputes are decided by the courts of the Czech Republic unless EU law or statute provides otherwise; for consumers, jurisdiction follows statute and EU law.

15. Consumer right of withdrawal

If you are a consumer, you may withdraw from the contract without giving a reason within 14 days of its conclusion (completion of registration), by e-mail from the account's address to martin@zcloud.cz; you may use the model form below, but you are not obliged to. The deadline is met if you send your withdrawal before it expires. Because the service is free of charge, withdrawal involves no refund and has the same effect as termination under section 9. Withdrawal does not affect your right to terminate the contract at any later time.

Model withdrawal form under Government Regulation No. 29/2023 Coll. (complete and return this form only if you wish to withdraw from the contract):

Withdrawal from contract To: Martin Zahálka, Havlíčkova 1550/54, 680 01 Boskovice, martin@zcloud.cz I hereby give notice that I withdraw from my contract for the provision of the following service: use of the zDrive service Ordered on (registration date): ... Name of consumer: ... Address of consumer: ... Account e-mail: ... Date: ... Signature of consumer (only if this form is notified on paper): ...

16. Final provisions

1. If any provision of these terms is invalid or unenforceable, the remaining provisions stay in force.
2. You may not transfer rights and obligations under the contract to another person without our consent. We may transfer them to a successor operator of the service provided your position is not worsened; we inform you of the transfer under section 13 and you may terminate the contract without penalty before it takes effect.
3. Communication takes place by e-mail. A message sent to the account's e-mail is deemed delivered on the next working day after sending unless the addressee proves it was not delivered; the same applies to messages you send to us.
4. These terms will take effect on the date stated in the header of the binding version, which we will publish after legal review; for now they do not replace any earlier version.