Terms of Service
Updated: May 2020
This Terms of Service governs at all times the use of the Better Cloud Solutions LTD Browser software in executable form and the related services offered (the “Services”) by you (“You” or “Your”). For purposes of this Terms of Service, “Better Cloud Solutions LTD” means Better Cloud Solutions LTD.
- Your relationship with Better Cloud Solutions LTD
1.1 Your use of Better Cloud Solutions LTD’s Services, including without limitation all products, software, services and websites forming a part thereof, as well as all upgrades and updates to any and all of the foregoing, is subject to the terms of this Terms of Service, which is a legally binding agreement between You and Better Cloud Solutions LTD. For clarity, services and software provided to You by Better Cloud Solutions LTD pursuant to a separate written agreement are specifically excluded from the terms of this Terms of Service.
1.2 The Services are based, in part, upon open source license agreements, available at https://chromium.googlesource.com/chromium/src/+/master/LICENSE. Our provision of the Services to You and Your use of same, shall always be subject to such open source license agreements, to the extent applicable, and you agree to be bound by such open source license agreements as and to the extent required by the terms thereof. Better Cloud Solutions LTD hereby disclaims any and all liability to You or any third party related to such open source software.
- Accepting the Terms
2.1 In order to use the Services, You must first agree to the Terms of Service. You may not use the Services if You do not accept the Terms of Service. It is important that You take the time to read this Terms of Service carefully.
2.2 You can accept the Terms of Service by:
(A) clicking to accept or agree to the Terms of Service, where such an option is made available to You by Better Cloud Solutions LTD in the user interface for such Service or as part of the download process; or
(B) by actually using the Services, or any part thereof. In this case, You understand and agree that Better Cloud Solutions LTD will treat Your use of the Services or any portion thereof as acceptance of this Terms of Service from the date of first use and at any time thereafter.
- Provision of the Services by Better Cloud Solutions LTD and its Affiliates
3.1 Better Cloud Solutions LTD regularly updates and modifies the Services. You acknowledge and agree that the form and nature of the Services that Better Cloud Solutions LTD provides pursuant to this Terms of Service may change from time to time without prior notice to You.
3.2 You acknowledge and agree that Better Cloud Solutions LTD may at any time cease providing, permanently or temporarily, the Services or any portion thereof, as it deems necessary or appropriate in its sole discretion, without notice to You. You may stop using the Services at any time without notice to Better Cloud Solutions LTD.
3.3 You acknowledge and agree that Better Cloud Solutions LTD has subsidiaries and affiliated legal entities (collectively, the “Affiliated Entities”) worldwide and that these Affiliated Entities may provide some or all of the Services in conjunction with Better Cloud Solutions LTD, as determined by Better Cloud Solutions LTD in its sole discretion.
3.4 You acknowledge and agree that Better Cloud Solutions LTD reserves the right to terminate and/or suspend Your access to some or all of the Services. To the extent Better Cloud Solutions LTD exercises this right, You may be prevented from accessing the Services, Your account information (if any), and/or any content, files or other information otherwise available via Your account.
- Use of the Services by You
4.1 Your use of the Services shall be limited solely to the purposes that are permitted by the terms of this Terms of Service, as well as all applicable laws, rules, regulations or generally accepted practices or guidelines in the relevant jurisdictions, including without limitation any laws regarding the export of data or software to and from the United States or other relevant countries.
4.2 You agree that You shall not engage in any activity that interferes with or disrupts the Services, including without limitation any networks, servers, or other technology and/or equipment provided in connection with the Services.
4.3 You are not allowed to (a) adapt, alter, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Services or any portion thereof; (b) separate the component programs of the Services for use on different computers; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Services, except as permitted by applicable law; (d) copy or modify the Services; (e) transfer, sublicense, lease, lend, rent, or otherwise distribute the Services to any third party; use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Terms of Service; (f) damage, disable, overburden, or impair the Services (or any server or networks connected to any Better Cloud Solutions LTD Services); (g) interfere with any third party's use and/or enjoyment of the Services (or any server or networks connected to the Services); or (h) remove, alter or obscure any proprietary notices on the Services or the applicable documentation related thereto.
4.4 You understand and agree that You are solely responsible for (and that Better Cloud Solutions LTD has no responsibility to You or to any third party for) any breach of Your obligations under this Terms of Service and for the consequences (including any loss or damage which Better Cloud Solutions LTD may suffer) of any such breach.
4.5 You agree to comply with all applicable laws, rules, and regulations when using the Services. You will not use the Services to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
- Privacy and Your personal information
5.2 You agree to the use of Your data in accordance with Better Cloud Solutions LTD’s Privacy Poliy.
- Content Available from or through the Services
6.1 You acknowledge and agree that any and all content and information, including without limitation, data, text, files, links, software, chat, content, music, audio files, sound, photographs, graphics, images, video, communications, messages or other materials and terms of expression (collectively, “Content”) which You may be provided with access to as part of, or through Your use of, the Services are the sole responsibility of the person from which such Content originated.
6.2 You acknowledge and agree that Content presented to You as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Better Cloud Solutions LTD (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless You have been specifically told that You may do so by Better Cloud Solutions LTD or by the owners of that Content, in a separate agreement.
6.3 You understand that by using the Services You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk. Notwithstanding the foregoing, Better Cloud Solutions LTD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any portion of the Services, in its sole discretion.
6.4 Unless You have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, You are not permitted to create, upload, post, transmit, display or otherwise make such materials available on or though the Services. You are solely responsible for determining whether any materials You wish to upload, post, transmit, display or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, You are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that You upload, post, transmit, display or otherwise make available on or through the Services. Better Cloud Solutions LTD reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services.
- Proprietary rights
7.1 You acknowledge and agree that, as between You and Better Cloud Solutions LTD, Better Cloud Solutions LTD owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), subject at all times to any third party and/or open source licenses that Better Cloud Solutions LTD may be subject to with respect to the Services. The Services are protected by copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Services as delivered to you.
7.2 Nothing in this Terms of Service gives You a right to use any of Better Cloud Solutions LTD’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 Except as set forth in Section 7.4 below, Better Cloud Solutions LTD acknowledges and agrees that it obtains no right, title or interest from You (or Your licensors) under this Terms of Service in or to any Content that You upload, post, transmit, display or otherwise make available on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that You, and not Better Cloud Solutions LTD, are responsible for protecting and enforcing any such rights and that Better Cloud Solutions LTD has no obligation to do so on Your behalf.
7.4 You hereby grant Better Cloud Solutions LTD an irrevocable, perpetual, worldwide license to use, recreate, broadcast, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any Content that You upload, post, transmit, display or otherwise make available on or through the the Services, for editorial, commercial, promotional and all other purposes.
- License from Better Cloud Solutions LTD
8.1 Subject to the restrictions on use set forth in this Terms of Service, Better Cloud Solutions LTD gives You a personal, revocable, royalty-free, non-sublicensable, non-transferable, non-assignable and non-exclusive license to download, install, enable and use the Services as provided to You by Better Cloud Solutions LTD. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Better Cloud Solutions LTD, in the manner permitted by this Terms of Service. You may use the Services on Your personal computer, including Your laptop, desktop and handheld device. You may only use the Services for personal use. You are not allowed to sell, trade or resell the Services for any purpose, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements. Better Cloud Solutions LTD reserves all rights in the Services not expressly granted to you in this Terms of Service.
8.2 Unless Better Cloud Solutions LTD has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the Services, grant a security interest in or over Your rights to use the Services, or otherwise transfer any part of Your rights to use the Services.
- Services Updates
9.1 The Services which You use may automatically download and install updates from time to time from Better Cloud Solutions LTD, as Better Cloud Solutions LTD may determine in its sole discretion. Any such updates will be designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. Without further notice or consent, You agree to receive such updates (and permit Better Cloud Solutions LTD to deliver these to You) as part of Your use of the Services, all of which shall be subject to this Terms of Service. The Services may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Services. Download and install updates and/or configurations, collectively, will be referred herein as “Services Updates”. Services Updates are designed to improve, enhance, and/or further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Services Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience.
9.2 The Services are constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous usage and full functionality of the Services, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as noted above). By using the Services, you hereby acknowledge and agree to all such modifications. Further, you agree that by using the Services you may periodically send technical data and related information to Better Cloud Solutions LTD to facilitate the provision of updates, product support, and other services to you, if any, related to the Services. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Better Cloud Solutions LTD may conduct A/B testing and change the look and feel of the Services or add additional features in order to improve your experience with the Services. In the event that we make any changes to this Agreement, we will notify users by posting the revised Terms of Services on the webpage where this Agreement is posted.
9.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Better Cloud Solutions LTD Services will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
9.4 Better Cloud Solutions LTD is not obligated to maintain or support the Services, or to provide you with Services Updates, fixes, or services related thereto.
- Ending Your Use of the Services
10.1 This Terms of Service will continue to apply until terminated by either You or Better Cloud Solutions LTD as set out below.
10.2 Better Cloud Solutions LTD reserves the right to terminate its legal agreement with You at any time and for any reason, including without limitation, if:
(A) You have breached any provision of this Terms of Service or have taken actions which demonstrate or tend to demonstrate that You are unable or unwilling to comply with the terms of this Terms of Service; or
(B) Better Cloud Solutions LTD is required to do so by law, such as if the Services may no longer be lawfully provided to You, in whole or in part; or
(C) Any partner of Better Cloud Solutions LTD provided all or a portion of the Services made available through the Services has terminated or suspended its relationship with Better Cloud Solutions LTD or ceased to offer the Services to You or Better Cloud Solutions LTD; or
(D) Better Cloud Solutions LTD will no longer be providing the Services to users in the country in which You are resident or from which You use the Services; or
(E) the provision of the Services to You by Better Cloud Solutions LTD is, in Better Cloud Solutions LTD’s sole opinion, no longer commercially viable.
10.3 Nothing in this Section 10 shall affect Better Cloud Solutions LTD’s rights regarding provision of the Services pursuant to Section 3 hereof.
10.4 Upon the termination of this Terms of Service, all of the legal rights, obligations and liabilities that You and Better Cloud Solutions LTD have benefited from, been subject to (or which have accrued over time during the period in which the Terms of Service has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
- DISCLAIMER OF WARRANTIES
11.1 ALL OF THE SERVICES ARE MADE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS. Better Cloud Solutions LTD DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY Better Cloud Solutions LTD, THE WEBSITES AND/OR ANY CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 Better Cloud Solutions LTD DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, OR THE INFORMATION AND CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE SERVICES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, IS ASSUMED AND BORNE BY YOU.
11.3 MORE PARTICULARLY, Better Cloud Solutions LTD DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING THE SERVICES.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Better Cloud Solutions LTD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
12.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Better Cloud Solutions LTD WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU:
(A) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES PROVIDED BY Better Cloud Solutions LTD, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
(B) FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION OR CONTENT, INCLUDING ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(C) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION OR CONTENT, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION OR THE CONTENT;
(D) IF ANY INFORMATION OR CONTENT INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION OR CONTENT;
(E) ANY CHANGES WHICH Better Cloud Solutions LTD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(F) YOUR FAILURE TO PROVIDE Better Cloud Solutions LTD WITH ACCURATE ACCOUNT INFORMATION; OR
(H) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12.2 THE LIMITATIONS ON Better Cloud Solutions LTD’S LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT Better Cloud Solutions LTD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Better Cloud Solutions LTD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
13.2 The manner, mode and extent of advertising by Better Cloud Solutions LTD on the Services are subject to change without specific notice to You.
13.3 In consideration for Better Cloud Solutions LTD granting You access to and use of the Services, You agree that Better Cloud Solutions LTD may place such advertising on the Services.
- Other content
14.1 Certain portions of our Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). Better Cloud Solutions LTD provides these Third Party Services to You as a convenience only and Better Cloud Solutions LTD does not, in any way, control or manage such Third Party Services. As such, Better Cloud Solutions LTD is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Better Cloud Solutions LTD Services, Better Cloud Solutions LTD is not endorsing or warranting such Third Party Services in any way. Furthermore, Better Cloud Solutions LTD does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
14.2 Without limiting any of the foregoing, portions of the Services offered by Better Cloud Solutions LTD may contain functionality that allows for the sending, delivering or receiving of information between Better Cloud Solutions LTD users, as well as between Better Cloud Solutions LTD users and users of certain Third Party Services, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by Better Cloud Solutions LTD (“Third Party Networks”). Better Cloud Solutions LTD cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, Better Cloud Solutions LTD does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.
- Changes to the Terms
15.1 Better Cloud Solutions LTD may make changes to this Terms of Service from time to time. When these changes are made, Better Cloud Solutions LTD will make a new copy of the Terms of Service available to YOU.
15.2 You understand and agree that if You use the Services after the date on which the Terms of Service has been changed, Better Cloud Solutions LTD will treat Your use as acceptance of the updated Terms of Service.
- Copyright Claim Policy
16.1 Respecting the rights of copyright holders is of extreme importance to us. When you use our Services, you are also expected to respect the rights of copyright holders, including with respect to any of the Content you submit.
16.2 You can submit a copyright infringement claim notice to us at contact@BetterCloud.com if you believe that any content appearing on our Services violates your copyrights, provided that you have a good faith belief that your Content has been copied and made accessible through the Services in violation of your copyrights.
16.3 Any copyright infringement claims notice must include the following in accordance with applicable law:
- A description of the materials you claim are infringing upon the copyrights of another along with reasonable information for us to find it within our Services;
- 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 demand that such allegedly infringing materials be removed or access disabled;
- a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Reasonable contact information so we may contact and follow up with you, such as name, address, phone number and email address; and
- The signature (whether physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest.
You are hereby advised that if the above notice requirements are not met, we may disregard the notice pursuant to 17 U.S.C. 512(c)(3). Pursuant 17 U.S.C. 512(f), you are additionally advised that you may be subject to civil penalties, including monetary damages, including costs and attorneys' fees, incurred by the alleged infringer (including us or any Third Party Service provider, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation, if you knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification.
16.4 If receive a complaint from a third party and determine that your Content should be removed in response to a complaint received in accordance with the above process, we may notify you of such determination by us and provide you with information necessary for you to contact the complaining party and contest such determination. You can write to us at contact@BetterCloud.com if you wish to contest such a decisions. Pursuant to 17 U.S.C. 512(g)(3), your notice of contest must include:
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled within our Services; and
- A statement under penalty of perjury, that you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your consent to adjudicate your claim in the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the applicable complaining party may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person;
- Reasonable contact information to follow up with you, such as name, address, phone number and email address; and
- Your signature or the person authorized to act on behalf of your behalf (whether physical or electronic).
17.1 You agree, as additional consideration for Your use of the Services, to fully indemnify and hold harmless Better Cloud Solutions LTD and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out Your use of the Services, Your connection to the Services, Your violations of the Terms of Service, any Content You submit, post, transmit or otherwise make available through the Services, or Your violation of any rights of another.
- Security and Privacy Limitations
18.1 By use of any of the Services, You acknowledge that You are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on Your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to You as a convenience only and may not operate according to their description or may not operate at all; (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) that by activating certain features, You may provide third parties with certain limited remote access to certain files on Your computer. Activating these features increases the risk that third parties will be able to tamper with Your computer.
18.2 You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through Better Cloud Solutions LTD. Such risks include but are not limited to (1) damage to Your computer, (2) damage to any data or files stored on Your computer, (3) Better Cloud Solutions LTD users viewing Your IP address, and (4) files You share with other Better Cloud Solutions LTD users being redistributed and used without Your knowledge.
- Paid Services.
The Services are provided to You free of charge, unless expressly stated otherwise by Better Cloud Solutions LTD. If any payments were made by You for any materials, equipment, products or services that bundle or offer any part of the Services, or for accessing the Services through any platform or network, You acknowledge, that such payments were made for the equipment, products, services or access so offered, and not for the actual Services offered by Better Cloud Solutions LTD. Any charges incurred by You to access the Services are Your responsibility.
In some cases, Better Cloud Solutions LTD may offer use of or access to certain premium or subscription content or services on or through the Services for which a charge may apply (collectively, “Paid Services). Some Paid Services may require that You agree to additional terms and conditions, which will supplement this Terms of Service in general.
- European Users.
Better Cloud Solutions LTD users in the European Union, by using all or any portion of the Services, understand, acknowledge and agree to the processing of their personal information in the United States.
- Better Cloud Solutions LTD Support
Use of the Services is at Your own complete risk. Better Cloud Solutions LTD does not provide any assistance to its users, other than that which is provided by contact@BetterCloud.com. Better Cloud Solutions LTD does not undertake nor is it obligated to provide You with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Services.
- Rights and Remedies
22.1 Nothing contained in this Agreement is intended to confer upon any person not a party to this Agreement any rights or remedies. Furthermore, You understand and agree that this Terms of Service, including without limitation, Better Cloud Solutions LTD’s enforcement of the terms of this Terms of Service, are not intended to confer, nor do they confer, any rights or remedies upon any person other than Better Cloud Solutions LTD.
22.2 You acknowledge and agree that, in addition to any other legal remedies that may be available to it, Better Cloud Solutions LTD may seek and obtain injunctive relief against You in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of Better Cloud Solutions LTD contained in or accessible through use of the Services, the disclosure of which would give rise to irreparable injury to Better Cloud Solutions LTD, which could not adequately be compensated in damages.
23.1 You consent to receive any and all legally required communications, including notices, agreements, disclosures or other information in connection with any of the Services electronically from Better Cloud Solutions LTD (collectively, “Notices”). Better Cloud Solutions LTD may provide Notices to You regarding Your use of the Services, including without limitation any notices with respect to violations of the Terms of Service, any updates to the Services or the Terms of Service, or any portions thereof, and promotional information, via (i) e-mail to an e-mail address provided by You, and/or (ii) by “pop up” notice, “System” notice, or any other form of notice, on any of the Services and/or by (iii) posting the Notices on a main page or other page of the relevant Service.
23.2 The delivery of any Notice from Better Cloud Solutions LTD is effective when sent by Better Cloud Solutions LTD, regardless of whether You read the communication when You receive it. You may withdraw Your consent to receive Notices electronically by canceling Your use of the Services.
24.1 If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.
25.1 Better Cloud Solutions LTD reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to an Affiliated Entity or any successor thereof or to any third party whatsoever, without notifying You or receiving Your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of Your rights or obligations under this Agreement.
- Amendments and Modifications.
26.1 Better Cloud Solutions LTD reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of this Terms of Service. Your continued use of the Services following the notice of change to the Terms of Service has been provided in accordance Section 23 hereof will be deemed to be Your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of the Terms of Service without further notice to You.
27.1 The provisions of this Agreement addressing usage restrictions, disclaimers of representations and warranties, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of this Agreement for any reason, Your use of all or a portion of the Services and Your use of or access to Paid Services.
- Governing Law
28.1 This Terms of Service, including any changes undertaken in accordance with Section 26 hereof, shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts-of-law rules. Notwithstanding the foregoing, Your use of all or a portion of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Better Cloud Solutions LTD or relating in any way to Your use of the Better Cloud Solutions LTD Services resides in the courts of Miami-Dade County, Florida, USA, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Miami-Dade County, Florida, USA in connection with any such dispute including any claim involving Better Cloud Solutions LTD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
- Export Control.
29.1 You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Better Cloud Solutions LTD any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
30.1 The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.
31.1 To the extent that Better Cloud Solutions LTD has provided You with a translation of the English language version of this Terms of Service, You agree that the translation is provided for Your convenience only and that the English language versions of the Terms of Service will govern Your relationship with Better Cloud Solutions LTD with respect to the subject matter hereof. In the event of any conflict between the English language version of this Terms of Service and any translated version of this Terms of Service, the English language version shall control.
Better Cloud Solution Ltd
Viktoros Ougko, 10, Germasogeia
Limassol, Cyprus 4045