Cloudopt product end of user license agreement and terms of use

This Cloudopt Product End User License Agreement and Terms of Use (“Terms”) comprise a legal agreement between you individually, or if you are authorized to acquire Cloudopt's products, software or access and/or use our services (collectively, “Products,” “our Products” or “Product”) on behalf of your company or another organization, between the entity you represent (in both instances, “you” or “yours”) and Cloudopt (“we,” “us,” “our,” or “Cloudopt”).

BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU ARE LAWFULLY ABLE TO ENTER INTO AND FORM CONTRACTS BASED ON THE APPLICABLE LAW IN YOUR JURISDICTION (FOR EXAMPLE, IN THE UNITED STATES, YOU MUST BE OVER 18 YEARS OLD).BY USING OUR PRODUCTS, CLICKING THE “I AGREE”, “ACCEPT” OR “YES” BUTTON, LOADING THE PRODUCTS OR OTHERWISE INDICATING ASSENT, YOU ARE AGREEING TO THESE TERMS, WHICH WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND CLOUDOPT.

Other terms that apply

The “Standard Terms and Conditions of Business of Cloudopt” are available on www.cloudopt.net (“Terms and Conditions”), which you may have accepted when purchasing our Products and, in such a case, will apply in addition to, and supplement the provisions of, these Terms.
When you accept these Terms, you also agree that our privacy policy then-existing at https://www.cloudopt.net/policy/privacy applies to you and that you allow us and, as applicable, our Product providers to collect, transfer, backup and store your Personal Data and other data according to pursuant to the terms of the privacy policy. Please review our privacy policy on a regular basis as it will provide you with the most up to date information concerning with respect to how we collect, store and use your data.

Using our products

With respect to all of our Products, you must comply with these Terms and any other terms and policies that you have accepted. You must not misuse our Products in any manner. Purely to provide examples of such abuse, do not interfere with our Products, try to access them using a method other than the interface or instructions we provide or bypass any measure we may use to prevent or restrict access to our Products or some part of our Products. You must comply with applicable domestic and international law when using our Products and you may not use our Products, without limitation, to upload, download, post, submit, distribute or facilitate the distribution of any content that may infringe someone’s intellectual property rights, rights to confidential information or privacy or which violates any export laws or any other right of a third party.
If you do not comply with the applicable law and/or these Terms, we may be forced to bring an action to collect damages and/or prohibit your behavior or stop you from any unauthorized use of our Products. Some unlawful activity may even result in criminal prosecution under the relevant law. Nobody wants this, so please comply with the law and these Terms.
Unless expressly stated otherwise, using a particular Products does not give you ownership of any intellectual property rights in such Product or any of the content you access. You may not use content from our Products unless you obtain permission from the owner of such content or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Products. Never remove, obscure or alter any legal notices displayed in or along with a respective Product.
You must notify us of any alleged or potential defect with an individual Product as soon as possible. If you provide us with an email address or other contact information in order to allow us to send you valuable information (including security-related information) for the use of a particular Product, it is your responsibility to update us with any changes to such contact information. We will not be liable for any damages resulting from your failure to notify us of a change in your email address and/or contact information in a timely manner.

Indemnity

You agree to defend, indemnify and hold Cloudopt, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors (“Cloudopt Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from:
- (a) any of Your Content you upload into one of our Products;
- (b) your violation of any rights of a third party;
- (c) your breach of any law or (d) your false, fraudulent, malicious or inaccurate representation of your identity.
- (d) your false, fraudulent, malicious or inaccurate representation of your identity.

Technical support

With respect to some of our Products, at our sole discretion, we may offer technical assistance as fully detailed at www.cloudopt.net/support. We provide such technical support without any warranty of any kind. Before obtaining such support, it is your responsibility to back up all of your existing data, software and programs. We may cease or suspend offering technical support with respect to a particular Product at any time.

Modifying our products

We are constantly improving and changing our Products. We may suspend or stop offering a particular Product or add or remove functionalities or features. We may perform such modifications without providing you with prior notice of such modification.

Our limitation of liability

You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
For some features, due to local legal restrictions, we will give a clear reminder when opening, and if you still want to continue to use, you are willing to take legal responsibility.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@cloudopt.net.

Last updated August 2017.