Kloudspot Terms of Service
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF KLOUDSPOT IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE KLOUDSPOT WEBSITE, UTILIZING THE KLOUDSPOT SERVICES, OR SIGNING OR SUBMITTING AN ORDER FORM FOR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE KLOUDSPOT SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE. This is a legal agreement (“Agreement”) between “You” (the entity or person using, accessing, ordering, purchasing or paying for the Services) and Kloudspot for use of the Services which You selected or initiated. If You do not agree with the terms of this Agreement, do not use or access the Services or, when applicable, click the “Cancel” button and do not purchase the Services. You affirm that any individual agreeing to this Agreement on behalf of a legal entity is authorized by such entity to enter into this Agreement on behalf of such entity. Any individual entering into this Agreement on his or her own behalf or on behalf of a legal entity is of legal age and is otherwise fully able and competent to enter this Agreement on his or her behalf or on behalf of such entity. The Services are not intended for use by persons under the age of 18. Kloudspot reserves the right to modify these Terms of Service by posting new Terms of Service on its website. Your continued use of the Services after the new Terms of Service are posted will constitute your acceptance of the new Terms of Service. Any software associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- SERVICES. Kloudspot will provide the Services in accordance with this Agreement. In order to use certain Services You may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. Kloudspot may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. You agree that Kloudspot is free to use in any manner, including incorporating into Services, any feedback, suggestions, recommendations or ideas you submit to Kloudspot regarding Services, without notice or compensation to You.
- RESPONSIBILITY FOR REGISTRATION INFORMATION; COMMUNICATIONS FROM KLOUDSPOT. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate and hereby consent to Kloudspot receiving and retaining such information. Your individual users or administrator may also be asked to choose user names and passwords. You are entirely responsible for maintaining the security of Your user names and passwords and agree not to disclose such to any third party. By registering with Kloudspot, you understand that we may send You communications or data regarding Services, including but not limited to (a) notices about Your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us constituting marketing or promotional material by following the opt-out instructions provided in the message. You acknowledge that it is necessary for Kloudspot to send certain electronic mail in order to deliver the Services to you and manage our relationship with You and that your decision to opt-out of receiving marketing and promotional materials will not result in discontinuing the delivery of electronic mail necessary for use or delivery of the Services.
- THIRD PARTY DATA. When the Services are deployed in facilities owned or managed by you, data from third parties who are in or near such facilities may be collected by the Services from such third parties’ phones, tablets, computers or other devices (“Third Party Data”) and such Third Party Data may be processed by Kloudspot and stored by You or by Kloudspot, as designated by You. You hereby consent to the collection and processing of Third Party Data and agree that you will obtain any other consents, permissions or releases required by applicable law relating to the collection, processing and storage of Third Party Data. Kloudspot will not release, publish, disclose or distribute Third Party Data other than to You and to parties under contract with Kloudspot who assist us in developing, maintaining and delivering the Services (“Contractors”) or otherwise with your consent or at your direction. You agree that Kloudspot may use, modify, adapt, reproduce, distribute, display and disclose Third Party Data internally and with Contractors to: (a) provide the Services, and (b) modify and improve our Services. You agree that you will not collect, use, process, store or access (or authorize Kloudspot to collect, use, process, store or access) any Third Party Data in any manner that will: (i) violate any contractual rights, privacy rights or other legal rights of third parties, (ii) violate any laws or regulations, including but not limited to data privacy laws and regulations, or (iii) which might otherwise subject you or Kloudspot to any legal liability. Kloudspot will have no liability of any kind as a result of the collection, storage, deletion, or modification, of any of Third Party Data associated with your use or deployment of the Services.