Term of Service

1. YOUR AGREEMENT WITH CLOUDMESH

1.1 Your use of the CloudMesh service is governed by this agreement (the “Terms”). “CloudMesh”, located at Sectorul3, Aleea FIZICIENILOR, Nr. 13, Bloc 3A, Scara 1, Etaj 3, Ap. 23. – 032111 – Bucarest RO, involved in providing the CloudMesh Services. The “CloudMesh Services” means the services we makes available through this website, including this website, the cloud computing platform and any other software or services offered by CloudMesh in connection to any of those.

1.2 In order to use the CloudMesh Services, you must first agree to the Terms. You can agree to the Terms by actually using the CloudMesh Services. You understand and agree that CloudMesh will treat your use of the CloudMesh Services as acceptance of the Terms from that point onwards.

1.3 You may not use the CloudMesh Services if you are a person barred from receiving the CloudMesh Services under the laws of country in which you are resident or the country from which you use the CloudMesh Services. You affirm that you are over the age of 13, as the CloudMesh Services are not intended for children under 13.

1.4 You agree your purchases of CloudMesh Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by CloudMesh or any of its affiliates regarding future functionality or features.

2. YOUR ACCOUNT AND USE OF THE CLOUDMESH SERVICES

2.1 You must provide accurate and complete registration information any time you register to use the CloudMesh Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify CloudMesh immediately.

2.2 Your use of the CloudMesh Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You may use the CloudMesh Services only to develop and run applications on the CloudMesh infrastructure. You may not access the CloudMesh Services for the purpose of bringing an intellectual property infringement claim against CloudMesh or for the purpose of creating a product or service competitive with the CloudMesh Services.

3. SERVICE POLICIES AND PRIVACY

3.1 You agree to comply with the CloudMesh Acceptable Use Policy available at http://cloudmesh.pro/legal/acceptable-use (the “Acceptable Use Policy”) which is incorporated herein by this reference and which may be updated from time to time.

3.2 The CloudMesh Services shall be subject to the privacy policy for the CloudMesh Services available at http://cloudmesh.pro/legal/privacy-policy. You agree to the use of your data in accordance with CloudMesh’s privacy policies.

3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to CloudMesh.

4. FEES FOR USE OF THE CLOUDMESH SERVICES

4.1 Subject to the Terms, the CloudMesh Services are provided to you with montly charge, depending on the service type.

4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in CloudMesh fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees CloudMesh incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on CloudMesh’s measurements of your use of the CloudMesh Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of CloudMesh and only in the form of credit for the CloudMesh Services. Nothing in these Terms obligates CloudMesh to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to CloudMesh may be shared by CloudMesh with companies who work on CloudMesh’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to CloudMesh and servicing your account. CloudMesh may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. CloudMesh shall not be liable for any use or disclosure of such information by such third parties. CloudMesh reserves the right to discontinue the provision of the CloudMesh Services to you for any late payments.

4.3 CloudMesh may change its fees and payment policies for the CloudMesh Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL CloudMesh may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

5. CONTENT ON THE CLOUDMESH SERVICES AND TAKE DOWN OBLIGATIONS

5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the CloudMesh Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the CloudMesh Services and any source code written by you to be used with the CloudMesh Services (collectively, “Applications”).

5.2 CloudMesh reserves the right (but shall have no obligation) to remove any or all Content from the CloudMesh Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from CloudMesh. In the event that you elect not to comply with a request from CloudMesh to take down certain Content, CloudMesh reserves the right to directly take down such Content or to disable Applications.

5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. CloudMesh reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.

5.4 You agree that you are solely responsible for (and that CloudMesh has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the CloudMesh Services and for the consequences of your actions (including any loss or damage which CloudMesh may suffer) by doing so.

5.5 You agree that CloudMesh has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

6. LICENSE FROM YOU

6.1 CloudMesh claims no ownership or control over any Content or Application. You retain CloudMeshright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the CloudMesh Services you give CloudMesh a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling CloudMesh to provide you with the CloudMesh Services. Furthermore, by creating an Application through use of the CloudMesh Services, you give CloudMesh a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling CloudMesh to provide you with the CloudMesh Services.

6.2 You may choose to or we may invite you to submit comments or ideas about the CloudMesh Services, including without limitation about how to improve the CloudMesh Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CloudMesh under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

6.3 You agree that CloudMesh, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the CloudMesh Services.

7. MODIFICATION AND TERMINATION OF THE CLOUDMESH SERVICES

7.1 CloudMesh is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the CloudMesh Services which CloudMesh provides may change from time to time without prior notice to you, subject to the Terms in Section 4.3. Changes to the form and nature of the CloudMesh Services will be effective with respect to all versions of the CloudMesh Services; examples of changes to the form and nature of the CloudMesh Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

7.2 You may terminate these Terms at any time by canceling your account on the CloudMesh Services. You will not receive any refunds if you cancel your account.

7.3 You agree that CloudMesh, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the CloudMesh Services may be without prior notice, and you agree that CloudMesh will not be liable to you or any third party for such termination.

7.4 You are solely responsible for exporting your Content and Application(s) from the CloudMesh Services prior to termination of your account or the expiry of the service, we will provide you a reasonable opportunity to retrieve your Content and Application(s) within 15 days of the expiry.

7.5 Upon any termination of the CloudMesh Services or your account these Terms will also terminate.

8. OTHER CONTENT

8.1 The CloudMesh Services may include hyperlinks to other web sites or content or resources or email content. CloudMesh may have no control over any web sites or resources which are provided by companies or persons other than CloudMesh.

8.2 You acknowledge and agree that CloudMesh is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

8.3 You acknowledge and agree that CloudMesh is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

9. CHANGES TO THE TERMS

9.1 CloudMesh may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

9.2 You understand and agree that if you use the CloudMesh Services after the date on which the Terms have changed, CloudMesh will treat your use as acceptance of the updated Terms.

10. GENERAL LEGAL TERMS

10.1 The Terms constitute the whole legal agreement between you and CloudMesh and govern your use of the CloudMesh Services (but excluding any services which CloudMesh may provide to you under a separate written agreement), and completely replace any prior agreements between you and CloudMesh in relation to the CloudMesh Services.

10.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

10.3 If CloudMesh provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

10.4 You agree that CloudMesh may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the CloudMesh Services. By providing CloudMesh your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

10.5 You agree that if CloudMesh does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CloudMesh has the benefit of under any applicable law), this will not be taken to be a formal waiver of CloudMesh’s rights and that those rights or remedies will still be available to CloudMesh.

10.6 CloudMesh shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or due to force majeure, labor conditions, power failures, and Internet disturbances.

10.7 The Terms, and your relationship with CloudMesh under the Terms, shall be governed by the laws of the State of Romania without regard to its conflict of laws provisions. You and CloudMesh agree to submit to the exclusive jurisdiction of the courts located within the county of Bucarest, RO to resolve any legal matter arising from the Terms.

10.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the CloudMesh Services upon written notice to the assigning party.