Terms and Conditions
These terms are applicable during your free trial and your subscription to the services through a plan of your choice.
By accessing or using the services or websites, or authorizing or permitting any user or end-user to access or use the services or websites, you agree to be bound by these terms. If you are entering into these terms on behalf of a company, organization, or another legal entity, you are agreeing to these terms for that entity and representing to us that you have the authority to bind such entity to these terms, in which case the terms, “You”, “Your” or related terms used herein shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and may not access or use the services or websites.
You, as an individual, must be 18 years or older to access or use our websites and services.
1.1 Subject to your compliance with the terms and solely during the subscription term, you have the limited, non-exclusive, and revocable right to access and use the service for your internal business purposes.
1.2 You shall be held responsible for the usage of our services through any third parties. We will not be held responsible in such a case.
1.3 All subscription charges are nonrefundable. No refunds shall be issued for partial use or non-use of the services.
2.1 Except during your free trial, all charges associated with your account (“subscription charges”) are due in full and payable in advance when you subscribe to the services. Subscription charges are based on the service Plans You choose and are payable in full until you terminate your account.
2.2 We may use a third-party service provider to manage credit card and other payment processing, provided that the service provider is not permitted to store, retain or use your payment account information except to process your credit card and other payment information for us. You must notify us of any change in your credit card or other payment account information, either by updating your account or by emailing us at firstname.lastname@example.org
2.3 We will notify you if we do not receive payment towards the subscription charges within the due date for your account. For payments made through credit cards, We must receive payments due within the specified time given by our payment processor. From the date of our notice and for payments through other accepted methods, we must receive payments within a maximum of fifteen days from the date of our notice. If we do not receive a payment within the specified period we may suspend your access to and use of the services until we receive your payment towards the subscription charges.
2.4 You may pay the subscription charges through your credit card, or other accepted payment methods as specified. You hereby authorize us or our authorized agents, as applicable, to bill your credit card upon your subscription to the services.
3. Use of personal data:
3.1 We use appropriate technical and organizational measures to protect the service data that we process. The measures we use are designed to provide a level of security appropriate to the risk of processing your service data.
3.2 We may use your e-mail address, collected as part of collected data, to send our newsletters or marketing communications about our products and services. If you no longer wish to receive these communications, you can opt-out by following the instructions contained in the emails you receive or by contacting us at email@example.com
3.3 We may post your testimonials/comments/reviews on our websites which may contain your personal data. Before posting the testimonial, we will obtain your consent to post your name along with the testimonial.
3.4 Personal data contained in collected data and service data will never be sold to or shared with other companies or organizations for commercial purposes. Third parties with whom collected data is shared may include third-party payment processors who process your credit card and other payment information for waddleCloud but are otherwise not permitted to store, retain or use such information.
4. Intellectual Property Rights:
4.1 We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the services or websites or otherwise use any suggestions, enhancement requests, recommendations, or other feedback we receive from you.
4.2 Our product and service names and logos used or displayed on the services or websites are our registered or unregistered trademarks (collectively, “Marks”), and you may only use such marks to identify you as a user of the services you have subscribed to.
4.3 We are the owner or the licensee of all intellectual property rights on our websites, and the content or material published on them. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on our websites for commercial purposes without obtaining a license to do so from us or our licensors. Further, we claim no intellectual property rights over the content you upload or provide to the services.
5.1 We may update the services from time to time and you may receive notifications of such upgrades, enhancements, or updates. We reserve the right to deploy updates at any time.
5.2 You may not be able to access or use the services during planned downtime for upgrades and maintenance to the services or during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control including, without limitation, inability to access the internet, or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
5.3 We will use commercially reasonable efforts to schedule planned downtime for weekends and other off-peak hours.
6. Customer responsibilities:
6.1 The customer is solely responsible for the accuracy, integrity, legality, appropriateness, and intellectual property ownership or right to use of all customer data, including the authenticity, validity, legality, and content of the service. waddleCloud cannot be held responsible or liable for customer data included in or used in conjunction with the services.
6.2 You agree not to use the service to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software.
6.3 If we inform you that a specified activity or purpose is prohibited concerning the service, you will ensure that you immediately cease use of the services for such prohibited activity or purpose.
6.4 Customer shall compensate waddleCloud and its affiliates against all claims, losses, costs, and expenses, including reasonable attorneys’ fees, which waddleCloud and its affiliates may incur arising from the customer’s failure to comply with customer responsibilities.