Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE AND ACCESS OF THIS WEBSITE IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (“TERMS“).
PLEASE READ THESE TERMS, CAREFULLY. BY USING AND ACCESSIG THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE THIS WEBSITE.
BY USING OR ACCESSING THIS WEBSITE (“SERVICES”), YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.
YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS OF USE.
1. DEFINITIONS:
“Users”, “you”, “your” shall mean and include the person accessing and using the Website.
“Website” means and includes www.kloudq.com which is developed and owned by the Company.
“We”, “Company”, “us”, “our” or “Kloudq” means Kloudq Technologies Limited having its registered office at 303-303A, 403-403A, 3rd/4th floor, B junction, survey no. 1/2, next to Kothrud post office, near Karve Statue, Kothrud, Pune 411038.
2. RIGHT TO USE:
Subject to terms and conditions, we hereby grant you a non-exclusive, non-assignable, non-transferable and limited right and license to use this Website for your personal use only and for no other purposes.
Permission to use documents such as case studies, news, press releases, and other publications that can be accessed or downloaded from this Website are granted by the Company, provided that, you agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of this Website and further agree not to use this Website as part of another application or website, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code; do anything that puts an enormous/ unreasonable load on our infrastructure/servers; copy or create derivative work on this Website.
The documents specified above do not include the design or layout of this Website. Elements of this Website are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by the Company.
3. SERVICES AND PRODUCTS
The Company offers various products and services relating to the SaaS platform, IOT solutions, and Enterprise services. In order to avail of these products and services, you shall enter into a separate definitive agreement with the Company. The definitive agreement shall comprise of the scope of services and the commercial terms agreed between the parties. These Terms are restricted to the use of Website and do not display the specific terms of the products or services that are offered by the Company.
4. INTELLECTUAL PROPERTY RIGHTS:
The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to this Website are owned by the Company and its affiliates, subsidiaries, and licensors as the case may be.
All materials on this Website, including but not limited to images, designs, layout, contents photographs, software, text, icons, blogs, news developed by the Company (the “Website Content”), are protected by copyright under the copyright laws. You cannot use this Website Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on this Website whether owned/used by us or otherwise. By displaying them on this Website, the Company does not grant you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of this Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The Company’s logo is the registered trademark of the Company and protected by trademark laws. Kloudq and the names of Kloudq’s products and services referenced herein are trademarks of the Company.
5. THIRD PARTY CONTENT:
The Website may provide information or material owned and controlled by third parties (“Third Party Content”). For accessing such Third-Party Content, you may leave this Website and be directed to an external website that is not maintained by the Company. Any access or use of such third-party content by you shall be at your own risk and responsibility. These linked sites which provides Third Party Content are not under the control of the Company and the Company is not responsible for any link contained in these linked sites. The Company provides links to you only for your convenience, and the inclusion of any link does not imply endorsement by the Company of these linked sites. Company makes no warranty or representation and does not endorse any such Third-Party Content.
The Website is hosted on a third- party server and any use of or access of this Website by you shall be governed by the terms and conditions applicable to the use of such third-party server in addition to these Terms of Use.
6. PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
- Violating laws and rights:
You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Website Content, (d) rebroadcast or transmit the content available on the Website, (e) modify the Website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from any content, or by framing, mirroring, or utilizing similar techniques.
- Solicitation:
You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- Disruption:
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other user’s use and enjoyment of the Website; including but not limited by:
- uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
- interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server, or
- modifying, merging, revising or enhancing the Website in any way, or
- decompiling, disassembling, reverse engineering the Website in any manner whatsoever.
- Impersonation or unauthorized access:
You will not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the Website.
- You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Website or any other user account, through hacking, password mining or any other means.
- Developing competing offerings:
You will not use the Website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Website.
You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Website and take any other corrective action as it deems fit.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this term in our discretion to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
7. NO WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE ARE ENTIRELY AT YOUR OWN RISK AND THAT THIS WEBSITE AND THE SERVICES AND PRODUCTS EXHIBITED ON THIS WEBSITE ARE “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE, AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION.
YOU ALSO AGREE NOT TO INTERFERE WITH OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PARTS OF THIS WEBSITE OR ANY ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS, ETC.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS WEBSITE MAY BE PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.
8. INDEMNITY:
You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates from any claim, cost, expense, judgment, damages or other loss arising out of or in relation to your use of this Website in any manner.
9. LIMITATION OF LIABILITY:
The entire risk arising out of the use of this Website, its contents or material downloaded there from, remains with you. In no event, shall the Company be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or loss of business information), arising out of or in connection with your use or access to this Website (including without limitation non-availability of this Website) even if the Company has been advised of the possibility of such damages.
10. DATA PRIVACY:
Data privacy is important to our Company. Our Company has detailed Privacy Policy that is available on this Website. Company’s Privacy Policy describes how we collect, use and disclose personal information that we may obtain through this Website or as a part of our internal processes.
11. FORCE MAJEURE:
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in this Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.
12. TERMINATION:
Company may at any time, terminate these Terms, if: (a) You breach any terms and conditions of these Terms or; (b) Company is required to do so under law (where the services/products provided by the Company becomes unlawful); (c) Company chooses to discontinue to provide the products and services detailed on the Website.
13. SURVIVAL:
Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, general provisions, shall survive any termination.
14. GOVERNING LAW:
This Agreement and your use of the Platform is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the courts of Pune, Maharashtra, India.
15. GENERAL PROVISIONS:
In these Terms, reference to any gender includes a reference to all other genders and the neuter. Each part of these Terms is independent of each other. Company shall have the right to assign these Terms to any of its affiliates or any third parties at any time without notice to You. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to the Company. These Terms along with the Privacy Policy contains the entire understanding and agreement between You and the Company and supersedes any and all prior or inconsistent understandings relating to Website. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and these Terms and will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
16. CHANGE IN TERMS:
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or the Website (or any part thereof) with or without notice. Further, the Company reserves the right to change these Terms of Service at any time and to notify You by posting an updated version of the Terms of Service on this Website. You are responsible for regularly reviewing these Terms of Service.
The Terms were last modified on 15th February 2023.
17. CONTACT US:
If you have any questions or concerns or grievances regarding these Terms, you can email us at our grievance email-address [email protected]