NotInMyCloud Terms

NotInMyCloud is a service of AiUpLyft LLC, a Florida limited liability company.

Terms of Service

These Terms of Service ("Terms") are an agreement between you and AiUpLyft LLC, a Florida limited liability company ("we", "us"). They cover your use of NotInMyCloud. You accept them when you tick the Terms box at checkout or when you use the service. The NotInMyCloud Refunds, Renewal & Cancellation terms below and our Privacy Notice are part of these Terms. If these Terms and the Refunds, Renewal & Cancellation terms ever differ on renewal, reminders, cancellation or refunds, the Refunds, Renewal & Cancellation terms control.

Please read Section 11. It says that most disputes are settled by individual arbitration, not in court, and that class actions are not allowed. You can opt out of arbitration within 30 days, as Section 11 explains.

1. The service

NotInMyCloud is a managed DNS filtering service. We run AdGuard Home DNS filtering instances for you. When you point your router or devices to your NotInMyCloud address, we look up website and app addresses for you and block those on the filter lists and settings that apply to your instance. Personal plans are for your own home and household. Business plans are for your business's own offices and networks. Your plan includes the features described for that plan on our website when you buy. The service is DNS filtering only. It is not antivirus software, a firewall, a VPN or a parental-supervision service, and it does not inspect the content of the pages you visit.

2. Your setup and your network

  1. You are responsible for your own router, devices and internet connection, and for pointing them to the service.
  2. Keep any login we give you private. You are responsible for changes made with it.
  3. You must be at least 18 and able to make a binding contract. If you buy for a business, Section 9 also applies.
  4. Our Privacy Notice explains what we collect and keep. If you turn on query logs on your instance, you are choosing to keep a record of the lookups made on your network. Where the law requires it, you must tell the people who use your network.

3. Acceptable use

You may not use the service, or let anyone else use it, to:

  1. break any law or anyone else's rights;
  2. attack, overload, probe or get into any system without permission, including ours. This includes using our DNS servers to flood or amplify traffic at others;
  3. resell, rent, share or offer the service to people outside your household (Personal) or outside your business (Business);
  4. copy, take apart or get around the service's security or access controls; or
  5. send query volumes or patterns meant to disrupt the service for other customers.

4. Filtering is not perfect

No filter blocks everything. The service blocks what is on its filter lists and settings, and those lists change all the time. Some ads, trackers, malware or adult content will get through. Some legitimate sites or apps may be blocked by mistake, and you can unblock them in your settings. Filtering can also be bypassed: for example, by devices or browsers that use their own encrypted DNS, by VPNs or by changes to your network settings. Ads served from the same address as the content you want cannot be blocked by DNS. Do not rely on the service as your only protection for security, for children or for compliance.

5. Availability

We work to keep the service running, but we do not promise that it will always be available, uninterrupted or error-free. The service can stop because of maintenance, updates, outages at our providers, internet problems, attacks or events outside our control. If the service is unavailable, your devices may not be able to reach websites until it comes back or until you point them to a different DNS server. Know how to change your router or device DNS settings back if you need to. We may update or change features, filter sources and our systems. If a change or outage means we fail to deliver the service you paid for, item 5 of the Refunds, Renewal & Cancellation terms applies.

6. No other promises (warranty disclaimer)

Except for what these Terms expressly say, the service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any promise that the service will block any particular content or meet any particular need.

7. Limits on our liability

  1. To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages. We are also not liable for lost profits, lost revenue, lost data, lost business or downtime, even if we were told they were possible.
  2. To the fullest extent the law allows, our total liability for all claims about the service or these Terms is capped at the amount you paid us for NotInMyCloud in the 12 months before the event that caused the claim.
  3. These limits do not apply to liability for our fraud, gross negligence or intentional misconduct, or to anything else the law does not allow to be limited.

8. Your responsibility for claims (indemnity)

You will defend and pay for claims, losses and reasonable legal costs that others bring against us to the extent they come from (a) your breach of Section 3, (b) your unlawful use of the service, or (c) for business customers, the matters in Section 9. This does not cover anything to the extent it was caused by our own negligence, misconduct or breach of these Terms. We will tell you promptly about any such claim. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

9. Business customers

This section applies if you buy a Business plan or otherwise buy or use the service for a business.

  1. The person who accepts these Terms confirms that they have authority to bind the business.
  2. Your business decides whether to turn on query logs on its instance and what it does with them. Your business alone is responsible for giving any notice, getting any consent and meeting any other duty that the law places on monitoring employees, contractors, guests or other users of its networks. This includes employee electronic-monitoring notice laws. We do not give those notices for you.
  3. Your business is responsible for its users' compliance with Section 3.
  4. Your business will defend and pay for claims, losses and reasonable legal costs that others (including your employees and users) bring against us to the extent they come from your business's logging, monitoring, blocking or filtering choices or its failure to meet the duties in point 2, except to the extent caused by our own negligence, misconduct or breach.
  5. For business customers only, each party waives any right to a jury trial in any court case about these Terms or the service.

10. Suspension and ending service

  1. You can cancel at any time as the Refunds, Renewal & Cancellation terms describe.
  2. We may suspend or end your service if you breach Section 3 or these Terms, if a renewal charge fails, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to fix the problem. We may act right away to stop harm to the service, other customers or anyone else.
  3. If we stop offering NotInMyCloud, or end your service for a reason other than your breach, before the end of a term you have paid for, we will email you first, and item 5 of the Refunds, Renewal & Cancellation terms ("we failed to deliver the service") applies.
  4. Refunds always follow the Refunds, Renewal & Cancellation terms. Sections 4 through 9, 11, 12 and 14, and any amounts owed, still apply after the service ends.

11. Disputes and arbitration

  1. Talk to us first. Before starting any claim, email hello@aiuplyft.com with your name, the email on your account, what happened and what you want. We will do the same with you. Both sides will try in good faith to settle it within 30 days. Deadlines for bringing the claim are paused during those 30 days.
  2. Small claims. Either of us may bring an individual claim in small claims court if it qualifies.
  3. Arbitration. Otherwise, any dispute about the service or these Terms will be settled by binding individual arbitration run by the American Arbitration Association (AAA). The AAA Consumer Arbitration Rules apply if you are a consumer, and the AAA Commercial Arbitration Rules apply if you are a business. The Federal Arbitration Act governs this Section. The arbitrator decides all questions about the dispute, including whether it must be arbitrated, except that a court decides points 5 and 6.
  4. Fees and place. For consumers, we pay the fees that the AAA Consumer Rules assign to the business. A consumer's hearing will be held by video or phone, or in the county where the consumer lives. A business customer's hearing will be held in Florida or by video.
  5. No class actions. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not join claims of different customers. If a court finds this point unenforceable for a particular claim, that claim (and only that claim) goes to court and is never arbitrated as a class.
  6. Public injunctions. If the law where you live does not allow waiving a claim for public injunctive relief, that claim goes to court after the arbitration ends. The rest of the dispute is still arbitrated.
  7. Many similar claims. If many similar claims are filed at once by or with the same lawyers, the AAA Mass Arbitration Supplementary Rules apply where their terms cover the filings.
  8. Court orders to stop misuse. Either of us may ask a court for an order to stop unauthorized access to the service or misuse of its intellectual property.
  9. Opt out. You can opt out of this Section 11 within 30 days after you first accept these Terms. To do so, email hello@aiuplyft.com from the email on your account and say that you opt out of arbitration. Opting out does not change any other part of these Terms.

12. Governing law and courts

Florida law and the Federal Arbitration Act govern these Terms, without regard to conflict-of-law rules. Any case that is not arbitrated will be heard in the state or federal courts in Florida, and both parties accept those courts' jurisdiction. If you are a consumer, nothing in these Terms takes away any protection of the consumer laws of the state where you live that cannot be waived by contract, or any right those laws give you to bring a case where you live.

13. Changes to these Terms

We may update these Terms. We will post the new version on this page with its date. Before a material change takes effect, we will email you, in time for you to cancel before it applies to you. A material change will not apply to a term you have already paid for unless you agree to it or the law requires it. A change to Section 11 will not apply to a dispute that either of us had already given notice of. Renewal prices follow item 1 of the Refunds, Renewal & Cancellation terms.

14. General

  1. We may send notices, receipts and reminders to the email on your account. Notices count as given when sent. You can reach us at hello@aiuplyft.com.
  2. These Terms, the Refunds, Renewal & Cancellation terms and the Privacy Notice are the whole agreement about NotInMyCloud.
  3. If any part of these Terms is found unenforceable, the rest still applies, except as point 5 of Section 11 says.
  4. You may not transfer these Terms without our consent. We may transfer them to a business that takes over NotInMyCloud, and if we do, we will tell you.
  5. We are not responsible for delays or failures caused by events outside our reasonable control.
  6. Nothing in these Terms limits any right you have that the law says cannot be limited or waived by contract.
  7. If we do not enforce a term right away, that does not waive it.

NotInMyCloud Refunds, Renewal & Cancellation

NotInMyCloud is a service of AiUpLyft LLC, a Florida limited liability company. These terms apply to NotInMyCloud Personal and Business plans. Where they differ from the general AiUpLyft Refunds & Cancellations policy, these terms control.

  1. Automatic renewal. Your 1-, 2- or 3-year plan renews automatically at the end of each term for the same length of term, and we charge your payment method on file, until you cancel. The renewal price is the same price you paid for that term. We will never charge a different renewal price unless you agree to it first.
  2. Reminders. We email you a reminder 30 days before your last day to cancel each renewal (your last day to cancel is the day before your renewal date), with the renewal date, amount and how to cancel. On 2- and 3-year plans we also email you on each yearly anniversary that is not a renewal.
  3. Cancel anytime, by email. Cancel anytime before your renewal date by emailing hello@aiuplyft.com (see notinmycloud.com/cancel). No phone call or reason is needed. Cancelling stops the next renewal. Your service stays on until the end of the term you already paid for. Cancelling does not by itself refund a charge.
  4. 14-day money-back guarantee. Within 14 days of any charge, whether your first purchase or a renewal, you can ask for a full refund of that charge by emailing hello@aiuplyft.com. We issue the refund to your original payment method within 14 business days of your request (business days are Monday to Friday, except US federal holidays), and the service ends when the refund is issued. Your bank or card issuer may take a few more days to show the credit.
  5. After 14 days. Charges are not refundable and we do not give partial refunds for unused time, except where the law requires it or we failed to deliver the service.

Privacy: see the Privacy Notice.