- Grant & Scope of License. These Terms apply to all Users of the Services. Cloudzatic grants you a personal, non-exclusive, non-transferable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not violate the General Restrictions on Use.
- Ownership of the Services. As between You and Us, We retain all right, title and interest in and to the Services, the Content, and all documentation and tools, and all related intellectual property rights. The Services as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Services owned by or licensed to Cloudzatic or its content providers are likewise subject to copyright protection domestically and internationally. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos (“Marks”), whether or not registered, of Us or other entities. All Marks not owned by Cloudzatic that appear on the Software are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services.
- General Restrictions on Use. In connection with your use of the Services, you agree not to, nor to allow or facilitate a third party to:
- Registered Users. In order to access and use the Services available to a Registered User, you are required to set up an Account at App.Cloudzatic.com (“Account”). You are solely responsible for maintaining the confidentiality of your Account and warrant that you will not share your Account with any third party. You are solely responsible for any and all use of your Account and you agree (i) to be responsible for any act or omission of any users accessing the Services under your Account that, if undertaken by you, would be deemed a violation of this Agreement, and (ii) that such act or omission shall be deemed a violation of this Agreement by you.
- Age Restriction. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are at least 13 years of age. If you are under 13 years of age, you may not use the Services without the assistance of a parent or guardian.
- Your rights under this Agreement will automatically and immediately terminate if you fail to comply with your promises and obligations stated in this Agreement. You understand and agree that upon termination of this Agreement or termination of your use of the Services, we retain the license rights granted to us under this Agreement. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for fourteen (14) days after the termination of your Account. After fourteen (14) days, we may delete your information from our servers except as required by law or as otherwise agreed to between you and us. You understand that if you want to use our Services after termination of your Account, you may need to re-register with us.
- Without limiting other remedies, we also reserve the right to take technical steps against a User, including suspending or terminating the User’s Services or Accounts or delaying or removing any Content, as well as the right to take legal steps against a User, if we think that a User is creating possible legal liabilities, infringing the intellectual property rights of us or third parties, acting in violation of this Agreement, or acting inconsistently with the letter or spirit of our policies.
- In the event that Customer has a monthly subscription with Cloudzatic, Customer may terminate its use of the Services by providing at least 30 days’ written notice of its intent to terminate.
- Payment of Fees.You will pay to Cloudzatic all license fees at the published levels, found at https://cloudzatic.com/pricing, no later than thirty (30) days after you receive an invoice unless you have a written agreement with express pricing terms executed by an authorized Cloudzatic representative. Cloudzatic retains the right to change the published pricing at any time with notice to users.
- Taxes. Cloudzatic’s fees do not include any taxes, import or export fees, duties, or similar charges, all of which are your responsibility.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY;
- NO WARRANTIES. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ”AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. CLOUDZATIC AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT WARRANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH CLOUDZATIC ARE OR WILL BE ACCURATE, CURRENT, ERROR-FREE, VIRUS FREE, RELIABLE OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THE SYSTEM IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. CLOUDZATIC IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. CLOUDZATIC DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SYSTEM; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES.
- LIMITATION OF LIABILITY.USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL CLOUDZATIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CLOUDZATIC WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLOUDZATIC TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND CLOUDZATIC RELATING TO THE PROVISION OF THE SERVICES AND CLOUDZATIC WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL CLOUDZATIC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM FORCES OF NATURE, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
- Indemnification. To the extent permitted by applicable law, you agree to
- Modifications to Terms.We may change this Agreement from time to time. Any such changes will become effective when posted on www.Cloudzatic.com. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following the posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Agreement, inclusive of such changes.We reserve the right to modify the System and/or Services at any time without notice. If you object to any changes to the System or Services, your sole recourse will be to cease using them. Continued use of the System or Services following the posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the System and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the System or the Services.
- Electronic Communications. The communications between you and Cloudzatic use electronic means. For contractual purposes, you (a) consent to receive communications from Cloudzatic in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cloudzatic provides to you electronically have the same effect as if they were provided in writing and signed by you in ink. The foregoing does not affect your non-waivable rights.
- Conflicting Terms. Except as otherwise specifically provided in this Agreement, in the event of a conflict between the terms and conditions of this Agreement and any separate services agreement (“Services Agreement”) executed by You and an authorized Cloudzatic representative, as they apply to the relationship between Cloudzatic and You, the terms and conditions of that separate Services Agreement shall govern.
- General Agreement. You agree to comply with all laws, rules, and regulations that apply to your use of the Services. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you without prior written consent from us but may be assigned by Cloudzatic without restriction.