Cloudify Terms of Use
These Terms of Use (the “Terms”) constitute a legal agreement between you and Cloudify, Inc. (“Cloudify”) and govern your and your organization’s access to and use of all of the following (collectively, the “Services”): (1) the website [https://cloudify.com] (the “Site”); (2) any services or applications offered by Cloudify (but not by third parties) in connection with the Site; and (3) any information, data, software, interfaces, code, widgets, tools, or other materials contained in or accessible by means of the Site (the “Cloudify Information”).
By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. If you do not wish to be bound by these Terms, your only option is to discontinue using the Site and Services. If you are accessing these Services on behalf of a company, vendor, or other commercial enterprise (“Commercial Principal”), you are agreeing on behalf of the Commercial Principal that the Commercial Principal will be bound by these Terms and that you have the authority to bind the Commercial Principal. If the Commercial Principal does not agree to all or any of these Terms, or if you do not have the authority to bind the Commercial Principal, do not use the Site or Services.
Cloudify reserves the right, at its sole discretion, to modify or revise these Terms at any time. Your continued use of the Services constitutes acceptance of any new Terms. These Terms govern the relationship between Cloudify and you and do not create any third-party beneficiary rights.
Use of Services
Cloudify is not a colocation or network services provider and does not represent any colocation or network services provider. Cloudify acts solely as a data aggregator, and the information provided is for informational purposes only. The Services do not replace your own due diligence, and Cloudify does not guarantee the accuracy or correctness of the information provided.
Certain Services may be provided free of charge, while others require payment. The availability of certain functionalities depends on the service plan selected by you or your Commercial Principal. Additional services may be available for purchase.
Age and Jurisdiction
You must be at least 18 years old to use the Services. By accessing or using the Site, you confirm that you are legally capable of entering into a binding contract with Cloudify. If you reside outside the United States, you acknowledge and agree that you use the Site at your own risk and that you are bound by these Terms regardless of any conflicting provisions in your country of residence. If you do not meet these requirements, you must not access or use the Services.
Third-Party Services
The Services may provide information about or links to third-party services (“Third-Party Services”) offered by third-party suppliers (“Third-Party Organizations”). Cloudify does not endorse, control, or take responsibility for Third-Party Services. Your engagement with any Third-Party Organization is solely between you and that organization. Cloudify does not guarantee the accuracy of third-party information provided on the Site and is not responsible for any issues arising from your interactions with Third-Party Organizations.
License
If you are eligible to use the Services, Cloudify grants you a non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. Any use of the Services outside these permitted purposes is strictly prohibited and will result in termination of this license. Cloudify retains ownership of all technology and software underlying the Services.
Proprietary Rights
Cloudify and/or its licensors own the Site and Services, including all software, design, layout, functions, and content. You are not granted any ownership rights. The Site may also contain intellectual property owned by Third-Party Organizations, which you may not use without prior permission from the rightful owner.
User Conduct
By using the Services, you agree not to:
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Violate any applicable laws or regulations.
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Submit false or misleading information.
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Transmit or post unlawful, defamatory, or obscene content.
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Interfere with the security or functionality of the Site.
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Collect or harvest information from other users for unauthorized purposes.
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Use the Services to distribute spam, malware, or other harmful content.
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Copy, modify, or distribute Cloudify Information without authorization.
Indemnity
You agree to indemnify and hold Cloudify, its affiliates, and their respective officers, directors, employees, and representatives harmless from any claims, losses, costs, expenses, or damages arising from your use of the Services, violation of these Terms, or engagement with Third-Party Organizations.
Termination
Cloudify reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violations of these Terms. Cloudify is not liable for any resulting damages from such termination.
Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind. Cloudify does not guarantee uninterrupted, error-free access to the Site or the accuracy of the information provided. Cloudify disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by law, Cloudify and its affiliates shall not be liable for any damages resulting from the use of or inability to use the Services. This includes direct, indirect, incidental, consequential, or special damages, even if Cloudify has been advised of the possibility of such damages.
Privacy Policy
Your use of the Services is subject to Cloudify’s Privacy Policy, which governs the collection, use, and disclosure of your personal information. By using the Services, you consent to Cloudify’s data practices as outlined in the Privacy Policy.
Change in Control
In the event of a change in control of Cloudify or the sale of Cloudify’s assets, all rights under these Terms may be transferred without notice to you.
Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the United States and the State of New York. Any disputes shall be resolved exclusively in the courts of New York County, New York.
Referral Program
Cloudify may offer a referral program where you can refer others to Cloudify’s services and receive rewards. Rewards are subject to eligibility requirements and may have expiration dates. Abuse of the program, including fraudulent referrals, may result in disqualification from the program.
Cloudify reserves the right to modify or terminate the referral program at any time without notice.