Website Terms and Conditions

1. Introduction

1.1 Our websites, including those at cloudrally.io and blog.cloudrally.io (collectively, the “Site”), are provided by CloudRally Inc. and their use by you is conditional on your acceptance of the terms and conditions of use set forth below (the “Terms”). In these Terms, “CloudRally”, “we”, “us” and “our” refer to CloudRally Inc. These Terms explain how you may use the Site. You should read these Terms carefully before using the Site. By accessing or using the Site, including by viewing or downloading any information, data, text, software, images, video, audio or other content on the Site (collectively, the “Content”) or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Site immediately.

1.2 These Terms include our Privacy Policy, which shall be subject to these Terms in the event of any conflict or inconsistency.

1.3 This Site is intended for and directed to individuals who are over the age of majority.

1.4 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the Content contained on it, please contact us at privacy@cloudrally.io.

2. Restrictions on use

2.1 The Site is for your personal or internal company use only. As a condition of your use of the Site, you agree:

• (a) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
• (b) not to infringe any third-party right;
• (c) not to defame or disparage anybody or make comments in an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
• (d) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law;
• (e) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Site;
• (f) not to use any robot, spider, scraper, crawler or other automated means to access the Site or to collect, extract or mine Content, including for the purpose of training, developing or improving any artificial intelligence or machine learning model, without our express written permission;
• (g) not to use the Site to distribute viruses or malware or other similar harmful software code;
• (h) not to bypass measures used to prevent or restrict access to the Site;
• (i) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
• (j) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

2.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.

3. Ownership, use and intellectual property rights

3.1 This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

3.2 Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to attempt to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

3.3 Trademarks. “CloudRally” and other marks used on the Site are our trademarks or trademarks of third-party licensors. Other trademarks and trade names may also be used on this Site. The use or misuse of any trademarks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.

4. Submitting information to the Site

4.1 Except for personal information, which we will handle in accordance with our Privacy Policy, any comment, suggestion, idea, feedback or other material you send to us through the Site or otherwise (each, a “Submission”) will be treated as non-confidential and non-proprietary. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. You retain ownership of your Submissions and, because the licence below is non-exclusive, you remain free to use them. However, by sending or posting any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable and sublicensable licence to use, reproduce, modify, adapt, translate, publish, distribute, display and create derivative works from it, and you agree that, subject to our Privacy Policy, we are entitled to use any such Submission in any manner we see fit (including reproduction, transmission, publication, broadcast and posting on any media and anywhere in the world) without any obligation to compensate, credit or notify you. Subject to our Privacy Policy, we shall not be subject to any obligation of confidentiality with respect to, nor be liable for any use or disclosure of, any Submission.

4.2 Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove any user Submission on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Submission posted on the Site or for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such Submission.

4.3 You represent and warrant that any Submission you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide it to us and that we shall be entitled to disclose your name with any such Submission which is intended to be published. You agree that you waive all moral rights you may have in any such Submission but that any personal information you supply with your Submission may, if we choose to do so, be used by us in accordance with our Privacy Policy.

5. Accuracy of information and availability of the Site

5.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our services, features and other websites or information which may be of interest. It does not constitute technical or any other type of advice and should not be relied on for any purpose.

5.2 While we make reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

6. Linked sites

6.1 The Site may contain links or references to third-party websites other than the Site. Any such links or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any link and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the terms of that third-party website.

7. Warranties and limitation of liability

7.1 You agree that your use of the Site is on an “as is” and “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency of any Content on the Site, or as to merchantable quality, or fitness for a particular purpose.

7.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any errors or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

7.3 We will not be liable for any loss or damage arising out of or in connection with your use of the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.

7.4 If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) exceed One Hundred Canadian Dollars ($100.00 CAD).

8. Indemnification

8.1 You agree to indemnify, defend and hold harmless CloudRally and its agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by any of us arising out of your misuse of the Site; your breach of these Terms; or your violation of any applicable law or regulation.

9. General

9.1 These Terms are dated as of the “Last Updated” date set out above. We may update these Terms from time to time. We will notify you by posting the updated Terms on the Site and revising the “Last Updated” date above. By continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

9.2 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent by e-mail to privacy@cloudrally.io, and notices from us to you may be posted on the Site or sent to any e-mail address you have provided to us.

9.3 If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

9.4 These Terms, together with the Privacy Policy, contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Except in the case of fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

9.5 You may not assign, sublicense or otherwise transfer any of your rights or obligations in these Terms to any other person.

9.6 These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Subject to any mandatory consumer protection laws of your province or territory of residence, the parties submit to the jurisdiction of the courts of Ontario to settle any disputes and claims which may arise out of, or in connection with, these Terms.