Cloudtech (herein referred to as “We” or “us” or “Cloudtech”) is a product of Cloudtech.com Inc. We provide professional consulting and implementation services related to the adoption of cloud technologies, data architectures, and serverless solutions to individuals and businesses.
By accessing www.cloudtech.com (herein referred to as “Website” or “our website” or “Cloudtech website”) each visitor or user, (herein referred to as “User” or “you”) agree to use the Website, the and/or any other services, applications and features offered by us with respect thereto, except where we explicitly stated otherwise (the related content, services, products, and other features and functionality offered on or through the Website is herein referred to as “Services”) and/or any access the content, information, or any other material (collectively referred to as “Website Content”) you agree to bound by these Terms of Services (herein referred to as “Terms of Services” or “Terms” or “Policies”). These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for you. In case you do not wish to be bound by these Terms of Services, you can choose not to use or access the Services provided by us. By using the Services, you agree and state that you form a binding contract with Cloudtech, you are not a person who is barred from receiving the Services under the laws of the United States of America (USA) or any other applicable jurisdiction and will comply with these Terms, and all applicable local, state, national, and international laws, rules, and regulations.
By using our Services, you acknowledge that you have read our Privacy Policy available at: https://www.cloudtech.com/privacy-policy (“Privacy Policy”).
1. Our Purpose
Cloudtech is a serverless technology service provider for individuals and business to help you modernize your cloud infrastructure. We partner with leading cloud service provides and deliver tailored serverless solutions to fit our customers' business objectives, by addressing data challenges with a hands-on approach delivered by our experienced Solution Architects.
2. Eligibility
You will not use the Website if you:
i. are not able to form legally binding contracts;
ii. are under the age of 16;
iii. a person barred from receiving and rendering services under the laws of USA or another applicable jurisdiction; or
iv. are suspended from using the Website.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
3. Your Representations and Warranties
3.1 You represent and warrant that you are of legal age as per the applicable laws in USA and is allowed to access the Website Content.
3.2. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Website Content shared with us including your profile information, and you will adhere to all laws applicable thereto.
3.3 You undertake and agree to fully comply with all applicable laws and other contractual terms which govern your use of the Services or Website Content.
3.4 You shall be solely responsible and liable with respect to any of the uses of the Services or Website Content.
3.5 You shall receive from time to time promotional messages and materials from us by mail, e-mail or any other contact form you may provide us with (including your phone number forecalls or text messages). If you wish not to receive such promotional materials or notices, it is your duty to inform us that you do not wish to receive such messages.
3.6 You agree not to use any illegal action to collect login data and/or passwords for other websites, third parties, software or services and will not violate, attempt to violate, or otherwise fail to comply with any of the our Terms or any laws or requirements applicable to your use of the Services.
3.7 You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of any Services provided to you – with or without further notice to you, and without any refund of amounts paid for any such Services.
4. General Usage Terms
You agree that you will not use the Services or Website Content for any purpose that is illegal or prohibited in these Terms, you will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services, Website Content, or extract information of other users. You will not use or develop any third-party applications that interact with the Services or other Website Content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not probe, scan, or test the vulnerability of Website or any system or network. You will not encourage or promote any activity that violates these Terms.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Cloudtech is not responsible or liable for a third party's terms or actions taken under the third party's terms.
You agree to defend (at Cloudtech's request), indemnify and hold the Cloudtech harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your Website Content or your access to or use of the Service, your breach or alleged breach of these Terms, your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or any misrepresentation made by you. You will cooperate as fully required by Cloudtech in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Cloudtech.
5. Cloudtech’s Warranties
We provide Services and Website Content on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Services or Website Content (or any part, feature or content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service mentioned on or made available via our platform– so please be sure to verify those before using or otherwise engaging them. Cloudtech may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Website Content, at any time and for any reason, with or without notice. Notwithstanding anything to the contrary in the foregoing, under no circumstances will we assume any liability for any Website Content uploaded, posted, published and/or made available by any user or any other party on and/or through our Website, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Website Content. Furthermore, we shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Website Content you or any other party may encounter. You acknowledge that there are risks in using the Services or Website Content and we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information, breach of warranty and/or contract, violation of rights, and any consequent claims.
6. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Cloudtech, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from:
i. errors, mistakes, or inaccuracies of or in any Website Content;
ii. any personal injury or property damage related to your use of the Services;
iii. any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;
iv. any interruption or cessation of transmission to or from the Services;
v. the use or display of any Website Content posted, emailed, transmitted, or otherwise made available via Services;
vi. events beyond our reasonable control of, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or
vii. loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Services to you, and such limitations will apply even if Cloudtech has been advised of the possibility of such liabilities.
7. Waiver and Severability
The failure of Cloudtech to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or severed to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
8. Indemnity
You agree to defend, indemnify, and hold harmless Cloudtech, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
i. your violation of any term of these Terms of Services or any other Terms;
ii. your violation of any third party right, including any copyright, access rights, property, or privacy right.
9. Notices
We may provide you with notices in any of the following methods:
i. by e-mail, sent to the e-mail address you provided us; and/or;
ii. through any other means, including any phone number or physical address you provided us.
Our notice to you will be deemed received and effective immediately after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
10. Entire Agreement
These Terms, together with the Privacy Policy and any other legal or fee notices provided to you by us, shall constitute the entire agreement between you and us concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Cloudtech in entering into any of the Terms.
11. Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without regard to its provisions concerning choice of laws, choice of forum or any principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction.
12. Contact Us
If you have any questions about the Terms or if you wish to report any breaches of these Terms, please contact us by using our customer support website or emailing us at connect@cloudtech.com.
