Terms of Use

Last updated January 5, 2021

These Terms of Use constitute a legally binding agreement made between, whether personally or on behalf of an entity (“you”) and CloudThread Inc., doing business as Cloudthread (“Cloudthread”,”we”,”us”, or “our”), concerning your access to and use of the Cloudthread Website - https://cloudthread.io (“Website”) and Cloudthread’s licensed products. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of the Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

 

Cloudthread reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. Cloudthread may, at any time, in its discretion terminate your access to this Website. Access to the Website may be monitored by Cloudthread. If you are accessing this Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” or “You” and “your” or “Your” shall be construed to apply to you individually and the organization.

 

Cloudthread makes no representations or promises to develop, provide or market any software, service or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

 

If you register for a beta version of our Website and Licensed Products, the applicable provisions of the Service Terms will also govern such use.

 

By accepting these Terms, by clicking a box indicating your acceptance; by executing an Order that references these Terms; or, by using our Website and Licensed Products, you agree to the Terms. If you do not have such authority to enter into the Order and these Terms, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Website and Licensed Products.

 

You may not access the Website and Licensed Products if you are our direct competitor, except with our prior written consent. In addition, you may not access the Website and Licensed Products for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

The site is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register.

 

USE OF CLOUDTHREAD SERVICES

 

You represent and warrant that:

  • (a) you have all the rights in the software, source or binary code and related information that you may subject to Cloudthread’s services (collectively, the “Software”) and necessary for you to use the Cloudthread services and to grant the rights herein; and,

  • (b) the storage, use or transmission of the Software doesn’t violate any law or this Terms of Use.

 

You will:

  • (a) be solely responsible for the nature, quality and accuracy of the Software;

  • (b) ensure that the Software (including the storage or transmission thereof) complies with the any agreement between you and Cloudthread, this Terms of Use, and any and all applicable laws and regulations;

  • (c) promptly handle and resolve any notices and claims relating to the Software, including any notices sent to you by any person claiming that any Software violates any person’s rights and any other notices; and

  • (d) maintain appropriate security, protection and backup copies of the Software. Cloudthread will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or backup any Software.

 

POSTED CONTENT, SUBMISSIONS, MESSAGE BOARDS OR FORUMS

 

You shall not post or otherwise transmit to or from this Website, by any means, any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability. You are personally responsible for the material you post as an author. Harming the reputation of Cloudthread will result in termination of the right to use the Website. Any information, material or idea you submit to this Website will be treated as non-confidential and non-proprietary.

 

INTELLECTUAL PROPERTY RIGHTS

 

Cloudthread respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, contact Cloudthread at info@cloudthread.io. Nothing in these Terms of Use, unless specifically stated, shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

 

Any Cloudthread licensed products, software or information made available for download from the Website is the copyrighted property of Cloudthread. Any use or reproduction of any such products or software and warranties as to such products or software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Website, if any, is governed by the terms of the agreement applicable to that product or service.

 

COPYRIGHTS

 

All contents of the Cloudthread services and Website including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2020 Cloudthread, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved. Except as expressly authorized by Cloudthread or by third party content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of this Website, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any licensed products or software Cloudthread discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

 

TRADEMARKS

 

Cloudthread, the Cloudthread logo and tag lines are including without limitation, either trademarks or registered trademarks of Cloudthread, Inc., and may not be copied, imitated, or used, in whole or in part, without Cloudthread’s prior written permission or that of its suppliers or licensors. All other trademarks or registered trademarks are the property of their respective holders.

 

Not all trademarks used by Cloudthread may be listed on this page. Failure of a mark to appear on this page does not mean that Cloudthread does not use the mark nor does it constitute a waiver of any and all intellectual property rights that Cloudthread has established in its trademarks. You agree not to incorporate any Cloudthread trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without the express written consent of Cloudthread.

 

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

 

By registering for the Cloudthread services, you understand that we may send you communications or data regarding such services, including but not limited to

 

(a) notices about your use of the services, including any notices concerning violations of use,

(b) updates, and

(c) promotional information and materials regarding its products and services, via electronic mail. Cloudthread gives you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

 

LINKS TO OTHER SITES

 

Permission is granted to link to the Cloudthread home page. No authorization is given to link to any other page on the Website. You may not use any of Cloudthread’s proprietary logos, marks, or other distinctive graphics or material in your links. You may not link in any manner reasonably likely to

 

1) imply affiliation with or endorsement or sponsorship by Cloudthread;

2) cause confusion, mistake, or deception;

3) dilute Cloudthread’s trademarks, service marks or trade names; or

4) otherwise violate applicable law.

Cloudthread may from time to time link to other Internet sites. You acknowledge and agree that Cloudthread is not responsible for the availability of such external sites or resources nor for any content, advertising, products, or other materials on such external sites.

 

REGISTRATION

 

Cloudthread may restrict access to the Website or content on the Website to registered users. Issuance of a registration password is conditioned on the use of the information in accordance with the terms of their license, product or service agreement with Cloudthread. Any passwords provided may not be transferred to any other party. You will immediately notify Cloudthread of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any impermissible area of this Website. Certain restricted product information is available on this Website may be available only to licensed customers of Cloudthread that are registered to receive information via passwords issued by Cloudthread. This restricted information is considered confidential and proprietary information of Cloudthread. Use by Cloudthread of your personal information is governed by the Cloudthread Privacy Policy.

 

SUSPENSION AND TERMINATION OF YOUR USE OF THE SERVICES

 

Cloudthread reserves the right, to temporarily suspend or terminate your access to the Cloudthread services at any time in its sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. By way of example, we may suspend or terminate your access to or use of the services for:

 

(a) the actual or suspected violation of any agreement between you and Cloudthread or these Terms of Use;

(b) the use of the services in a manner that may cause Cloudthread to have legal liability or disrupt others’ use of the services;

(c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account;

(d) scheduled downtime and recurring downtime;

(e) use of excessive storage capacity or bandwidth; or

(f) unplanned technical problems and outages.

If, in Cloudthread’s determination, the suspension might be indefinite and/or Cloudthread has elected to terminate your access to the services, Cloudthread will use commercially reasonable efforts to notify you. You acknowledge that if your access to Cloudthread’s services is suspended or terminated, you may no longer have access to the Software that is stored with the services.

 

PROHIBITED ACTIVITIES AND ACCEPTABLE USES

 

You may not use the Cloudthread services in any way that causes, or may cause, damage to the services or impairment of the availability or accessibility of the services. You may not use the Cloudthread services (a) in any way that is unlawful, illegal, fraudulent or harmful; or (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Additionally, you promise that you will not and will not encourage or assist any third party to:

 

(a) modify, alter, tamper with, repair or otherwise create derivative works of any Cloudthread licensed product or the Cloudthread services;

(b) reverse engineer, disassemble or decompile Cloudthread licensed products or the software used to provide or access the Cloudthread services, or attempt to discover or recreate the source code used to provide or access the Cloudthread services;

(c) use the Cloudthread services in any manner or for any purpose other than as expressly permitted by the agreements between you and Cloudthread or these Terms of Use, the Privacy Policy, or any other policy, instruction or terms applicable to the Cloudthread services;

(d) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Cloudthread services to any third party;

(e) remove, obscure or alter any proprietary rights notice pertaining to the Cloudthread services;

(f) use the Cloudthread services to:

(i) store or transmit inappropriate content, such as content that violates the intellectual property rights or rights to the publicity or privacy of others;

(ii) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or

(iii) otherwise violate the legal rights of a third party;

(g) interfere with or disrupt servers or networks used by Cloudthread to provide the Cloudthread services or used by other users’ to access the Cloudthread services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Cloudthread licensed product or the Cloudthread services;

(h) access or attempt to access Cloudthread’s other accounts, computer systems or networks not covered by these Terms of Use, through password mining or any other means;

(i) cause, in Cloudthread’s sole discretion, inordinate burden on the Cloudthread services or Cloudthread’s system resources or capacity; or

(j) share passwords or other access information or devices or otherwise authorize any third party to access or use the Cloudthread licensed products or the Cloudthread services.

Cloudthread reserves the right, in its sole discretion, to deactivate, change and/or require you to change your user ID that you may obtain through the Cloudthread services for any reason or for no reason. Cloudthread may exercise such right at any time, with or without prior notice. Cloudthread will make all judgments concerning the applicability of these Terms of Use in its sole and exclusive discretion. Cloudthread reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit its response to a future complaint. Cloudthread will not assume or have any liability for any action or inaction with respect to any Software.

 

NO WARRANTIES

 

THIS WEBSITE AND ALL INFORMATION CONTAINED IN THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.

 

CLOUDTHREAD MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

 

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

 

LIMITATION OF LIABILITIES

 

IN NO EVENT WILL CLOUDTHREAD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO HTTPS://CLOUDTHREAD.IO. WITHOUT LIMITING THE FOREGOING, CLOUDTHREAD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEBSITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

CLOUDTHREAD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CLOUDTHREAD IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

 

The limitation of liability reflects the allocation of risk between you and Cloudthread. The limitations specified herein will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Cloudthread, and to all respective officers, directors, employees, representatives, attorneys and agents.

 

INDEMNIFICATION

 

You agree to release, defend, indemnify and hold Cloudthread harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Website or any information on the Website.

 

Cloudthread reserves the right to report any wrongdoing, if and when Cloudthread becomes aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Cloudthread and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this Website.

 

EXPORT RESTRICTION

 

Information, products or services obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall:

 

(a) obtain any export, re-export, or import authorizations required by U.S. or your local laws;

(b) not use the Information, products or services from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and

(c) not provide information, products or services from this Website to prohibited countries and entities identified in the U.S. export regulations.

 

PRIVACY POLICY

 

In order to operate and provide the Cloudthread products and services, we collect certain information about you. As part of the Cloudthread products and services, we may also automatically upload information about your computer or device, your use of the Cloudthread products and services and the Cloudthread services performance. Cloudthread uses and protects that information as described in the privacy policy located at HTTPS://CLOUDTHREAD.IO/PRIVACY-POLICY/, which is incorporated herein. You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to:

 

(a) comply with the law or respond to lawful requests or legal process;

(b) protect the rights or property of Cloudthread or its customers, including the enforcement of its agreements or policies governing your use of the Cloudthread products and services; or

(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Cloudthread employees, customers or the public.

We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from Cloudthread as part of its efforts to protect the Cloudthread products and services, protect its customers, or stop you from breaching these Terms of Use.

 

CANCELATION

 

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. You cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our services, please email us at info@cloudthread.io.

 

GENERAL TERMS

 

The Terms of Use constitute the entire agreement between you and Cloudthread relating to their subject matter, and cancel and supersede any prior versions. No modification to the Terms of Use will be binding, unless in writing and signed by an authorized Cloudthread representative. You may be subject to additional terms and conditions that may apply when you use Cloudthread or third-party products or services. Cloudthread may discontinue access to this Website at any time.

 

You agree that any material breach of certain terms will result in irreparable harm to Cloudthread for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Cloudthread will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Cloudthread seeks such an injunction.

Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the terms.

 

Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the you and Cloudthread agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms of Use will remain in full force and effect.

 

GOVERNING LAW

 

These Terms and use of the Website or Cloudthread’s licensed products are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles. 

 

CONTACT US

 

In order to resolve a complaint regarding the Website or Cloudthread’s licensed products or to receive further information regarding use of the Website, please contact us at:

CloudThread Inc.

2810 N Church St

PMB 65058

Wilmington, Delaware 19802-4447 

USA

info@cloudthread.io

 

CLOUDTHREAD RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS OF USE.