This Terms of Service ("TOS") constitutes a legal agreement between the licensee (YOU or YOUR) and the provider of Mobile/Cloud Applications (Product) provided by SoftClouds LLC., (Owner)
By downloading or using Product, you agree to comply with the TOS. If you do not agree, you may not download or use the Product. Owner may modify this Agreement from time to time with or without notice to you. You should periodically review this Agreement. If you continue to access or use Product after such modification, you will be deemed to have read, understood and unconditionally agreed to the modification.
- You acknowledge that you have only a non-exclusive and limited right to use the object code version of the Product for non-commercial purposes within the validity period of the agreement. You may make a single copy of the Product in object code form for archival or backup purposes. You must include all Notices on all copies of the Product. You may not reverse engineer, decompile or disassemble the Product or attempt to gain access to the source code for the Product, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
- You will not transfer or assign the Product or this TOS and/or any rights or obligations here under without the prior written consent of Owner.
- Your rights under this TOS will automatically terminate if you breach any of your material obligations under this TOS. Upon any termination of this TOS, you will destroy all copies of the Product promptly after such termination.
- All rights not expressly granted are reserved.
2. Infringement Indemnity.
Neither Owner, nor its affiliates, subsidiaries nor the Licensors will have any liability for any claim brought by You based upon or arising out of 1. Intentional or negligent acts of anyone other than the provider of Product; or 2. the combination, operation or use of the Products with any equipment, devices or software not supplied by Owner, or 3. the alteration or modification of Product. To the full extent permitted by law, this section states the entire liability of Owner, its affiliates, subsidiaries and the Licensors and your sole remedy with respect to any claim of infringement.
3. Limited Warranty
Owner does not represent or warrant that the Product will operate without interruption or will be error free, especially in the following cases:
- Modification or alteration of the Product made without the prior written approval of Owner.
- Accident, neglect, misuse or abuse.
- Exposure to conditions outside the range of the environmental, power and operating specifications provided by owner.
4. Disclaimer and Limitation of Liability
- Except as expressly set forth in this TOS, neither Owner, its affiliates, subsidiaries nor the Licensors make any other warranties,express or implied,including any implied warranties of merchantability and fitness for a particular purpose. Owner,its affiliates,subsidiaries and the Licensors expressly disclaim all warranties not stated in this TOS. Any implied warranties that may be imposed by law are limited to the terms contained in this TOS to the maximum extent permitted by law.
- To the maximum extent permitted by law, in no event will Owner, its affiliates, subsidiaries and the Licensors be liable for damages or losses for any cause whatsoever, and regardless of the basis of the claim or action.
5. Your Judgment
Some features of Product will cause some programs, functions or files be stopped, removed or uninstalled.
Before using Product, You should carefully read the instructions and tips and judge whether the product meets your purpose and needs, and your safety requirements. Once you install the product and / or make any operation, you commit yourself to bear the relevant responsibilities.
6. Copyright Policy
Any end user should not use Product for infringement of the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if You, the copyright owner or an authorized representative, believe that any content infringes on Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Owner with the information as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
- Identification of the copyright claimed to have been infringed;
- Identification of the material that is claimed to be infringing, and where it is located in the Application;
- Information reasonably sufficient to permit the service provider to contact You;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if You fail to comply with all of the requirements of this section, Your notice may not be valid.
- All of Owner's trademarks, service marks, graphics and logos used in connection with Product and otherwise are trademarks or registered trademarks of Owner in the U.S. and or other countries. This Agreement does not grant You any right, title or interest in such trademarks, service marks, graphics or logos.
8. Consent for Data Collection and Use
9.1 Information about Your use of the Services
- In addition to the information You provide, Owner may collect information about Your use of Owner's Product/Services through software on Your device and other means. For example, Owner may collect:
- Device information - such as Your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and settings of the device You use to access the Services.
- Log information - such as the time and duration of Your use of the Product, search query terms You enter through the Product, and any other information.
- Location information - such as Your device's GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to Owner when You use certain Services.
- Other information - about Your use of the Services, such as the apps You use, the websites You visit, and how You interact with content offered through a Service.
9.2 How Owner uses your information
- Owner may use information Owner collects from You for the following purposes:
- To register You or Your device for a Product/Service.
- To provide a Service or feature You request.
- To provide customized content and make recommendations based on Your past activities on Owner's Services.
- For advertising, such as providing customized advertisements and sponsored content and sending You promotional communications.
- For assessment and analysis of Owner's market, customers, products, and services (including asking You for Your opinions on Owner's products and services and carrying out customer surveys).
- To understand the way people use Owner's Products/Services so that Owner can improve them and develop new products and services.
- To provide maintenance services for the Product/Service.
- To conduct free prize drawings, prize competitions or promotions, as permitted by law; and otherwise with Your consent.
9.3 To whom does Owner disclose Your information?
- Owner will not disclose Your information to third parties for its own independent marketing or business purposes without Your consent. However, Owner may disclose Your information to the following entities:
- Affiliates - Your information may be shared among Owner's affiliates.
- Business Partners - Owner also may share Your information with trusted business partners. These entities may use Your information to provide You with services You request, make predictions about Your interests and may provide you with promotional materials, advertisements and other materials.
- Service providers - Owner also may disclose Your information to companies that provide services for Owner on behalf of Owner, such as companies that help Owner with billing or that send emails on Owner's behalf. These entities are limited in their ability to use Your information for purposes other than providing services for Owner.
- Other Parties When Required by Law or as Necessary to Protect Owner Services - There may be instances when Owner discloses Your information to other parties:
- To comply with the law or respond to compulsory legal process (such as a search warrant or other court order);
- To comply with the law or respond to compulsory legal process (such as a search warrant or other court order);
- To protect the rights, property, or safety of Owner, or any of our respective affiliates, business partners, or customers.
- Other Parties in Connection with Corporate Transactions - Owner may disclose Your information to a third party as part of a merger or transfer, or in the event of a bankruptcy.
10. General Terms & Conditions
- This TOS constitutes the entire agreement between You and Owner with respect to the subject matter here of and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations and communications, including, without limitation, the terms and conditions of any purchase order.
- Owner may assign this TOS or any of the rights or obligations here under, and any causes of action arising here under, to any third party without necessity or obligation of notice to You. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right here under. The invalidity or un enforceability of any provision of this TOS will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
- Owner will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that Owner will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors,including without limitation the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
- Right To Modify, Suspend or Discontinue Service. Owner reserves the right to modify, suspend or discontinue Product in whole or in part, at any time with or without notice to You, and Owner will not be liable to You or to any third party if it exercises such rights at its sole discretion.
- You will, at Your own expense, indemnify, release and hold Owner, its licensors, parent, subsidiaries and affiliates, and all officers, directors, and employees thereof, and any party acting on Owners behalf, harmless from and against any and all third party claims, actions, liabilities, losses, damages, judgments, grants, costs and expenses, including reasonable attorneys' fees arising out of
(i) Your use of Product or use by any person that You allow to use Product that is not in accordance with the terms of this Agreement.
(ii) Any breach of this Agreement by You or by any person that You allow to use Product or
(iii) Any violation of any laws or regulations or the rights of any third party by You or by any person that You allow to use the Product.
12. Applicable Law & Disputes
- This Agreement shall be governed by the law of the state of California, USA, excluding its conflicts of laws rules.
- For any dispute You have with Owner, You agree to first contact Owner and attempt to resolve the dispute with Owner informally. We each agree to resolve any dispute arising out of or in connection with or relating to this Agreement under Google Play's rules.
- This TOS will in all respects, be governed by and construed and enforced in accordance with the laws of California, USA (without giving effect to any choice or conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You consent to the jurisdiction of competent courts in California for the resolution of any dispute arising under or related to this TOS or the Products.