These Terms of Service (“TOS”) constitutes a legal agreement between the licensee (YOU or YOUR) and SoftClouds LLC (Owner). For all practical reasons in this TOS, Product will refer to SoftClouds Products and/or Services. Please read this TOS carefully before using our Product as it contains important information and constitutes a binding legal agreement between you and the Owner. Your use of Product is also subject to our privacy policy as documented in this TOS. By downloading or using our Products, 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, understand, and unconditionally agree to the modification. The use of the information herein, our services and products are governed by the non-disclosure agreements between you, your organization, and the Owner.

1. License

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 hereunder 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 to 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.

We provide a privacy policy that is an important part of this agreement. You should read this policy and agree to its contents before installing and running the Product.

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 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.
  • 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 the requirements of this section, your notice may not be valid.

7. Trademarks

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

You agree that Owner and its authorized third-party service provider may, in accordance with applicable laws and Privacy Policy, collect and use data relating to Your use of product. This data may include but is not limited to error information and service management related information (such as usage pattern, frequency of use for a particular function, frequency of installation/uninstallation, etc.). This data may be used to create enhancements and updates (if deemed appropriate by Owner), provide service improvements and upgrades (if deemed appropriate by Owner), provide customer support services, and other necessary or desirable services relating to the operation of Product, to confirm that You are using Product in accordance with the terms and conditions of this Agreement, and otherwise in accordance with Owner’s Privacy Policy. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is a violation of this Agreement and may result in immediate termination of this Agreement.

 

9. General Terms & Conditions

This TOS constitutes the entire agreement between You and Owner with respect to the subject matter hereof 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 hereunder, and any causes of action arising hereunder, 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 hereunder. The invalidity or unenforceability 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.

10. Indemnification

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.

 

11. Applicable Law & Disputes

This Agreement shall be governed by the law of the state of California, USA, County of San Diego, 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.