Cloudchart Terms of Service
Welcome to Cloudchart!
Cloudchart is a cloud-based content management platform. Our products make it easier for people to share ideas, collaborate and help get work done.
This document, the Cloudchart Terms of Service (“Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Cloudchart so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the Cloudchart Service, platform and products including applications, mobile, software, websites or other properties owned or operated by Cloudchart or by registering for a Cloudchart account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by Cloudchart (“Cloudchart” or “we”). You are entering into this contract with Cloudchart Ltd, a company registered in England and Wales (company number 13003312).
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Cloudchart that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
In order to use the Service, you must be legally permitted to accept these Terms.
Use Terms for Cloudchart
1. PRIVACY
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Cloudchart collects, stores, and uses certain information.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.cloudchart.co (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing support@cloudchart.co. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
3. YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Cloudchart you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). Only you may use your Cloudchart account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Cloudchart Support by emailing support@cloudchart.co.
4. EMAIL SELECTED FOR YOUR ACCOUNT
If an organization provided you with your account (e.g., an employer or school), or if you agree to have your account managed by an organization, you understand that this organization has rights to your account and may: (a) manage your account (including suspending or cancelling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and(d) manage the Content in your account.
5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with Cloudchart or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as:(a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c)administrative messages and other information; and (d) advertising, marketing, and other materials regarding Cloudchart's products and services. You may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.
6. CONTENT
“Content” means the data, information, images, and other content that is uploaded to, imported into or created on your account. All Content uploaded by you into your account is yours! We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content in your Cloudchart account(s)and that you share through the Services- and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 10). You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.
You agree to provide Cloudchart (as well as agents or service providers acting on Cloudchart’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.
7. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
Cloudchart respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
If you believe there has been a violation of your intellectual property rights, please email support@cloudchart.co.
8. CONFIDENTIAL INFORMATION
During your use of the Services, Cloudchart may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Cloudchart.
Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.
However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services;(iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.
9. CONTENT STORAGE
The Services are provided from the United Kingdom. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United Kingdom. However, you understand that you (or other people that you collaborate with) can access the Services (including Content)from outside of the United Kingdom (subject to applicable law) and that nothing prohibits the processing of other information outside of the United Kingdom.
10. ACCEPTABLE USE POLICY
You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Cloudchart and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service(such as a bot, a spider, or periodic caching of information stored by Cloudchart) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Cloudchart to, violate any law or distribute any malware or malicious Content; (g) use the Cloudchart Service to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (h) use the Cloudchart Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Content illegally or without permission; (j) use the Cloudchart Service to disseminate or promote terrorism or terrorist activities; or (k) use the Cloudchart Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) (collectively, ‘human rights’) and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
We also reserve the right to deactivate, change and/or require you to change your Cloudchart user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services. You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Service, you will promptly contact Cloudchart Support and take all reasonable steps to cooperate with Cloudchart and assist in the termination of such use.
11. SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if a) you are in breach of these Terms; or b) your use of the Services could cause a risk of harm or loss to Cloudchart or our other users; or c) Cloudchart declines to renew your Subscription Period. When reasonable and as permitted by law, Cloudchart will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Cloudchart’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Cloudchart, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Cloudchart may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 10. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
12. UPDATES TO THE SERVICE
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
13. THIRD PARTY PRODUCTS
Cloudchart may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. Cloudchart makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.
14. CLOUDCHART PROPRIETARY RIGHTS
All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and Cloudchart Confidential Information belong to Cloudchart, and/or its suppliers, affiliates, or licensors.
Cloudchart or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and Cloudchart Confidential Information. No title to or ownership of any proprietary rights related to the Services or Cloudchart Confidential Information is transferred to you pursuant to these Terms.
If you provide comments, suggestions and recommendations to Cloudchart about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Cloudchart.
15. NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, CLOUDCHART AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
16.INDEMNIFICATION
To the extent not prohibited by law, you will defend Cloudchart against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a)infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Cloudchart's actions); or (b)violates applicable law or these Terms. Cloudchart will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
17. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR CLOUDCHART AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BELIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OFOPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF CLOUDCHART HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF YOU OR CLOUDCHART AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE INRESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED POUNDS STERLING (£100G.B.P.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOTFULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONOR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
Nothing in these Terms shall exclude or limit the liability of you or Cloudchart and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.
The provisions of this “Limitation of Liability” section allocates the risks under these Terms between you and Cloudchart, and you and Cloudchart have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.
18. DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use.
You agree that the Terms, and your relationship with Cloudchart, shall be governed by the laws of England and Wales. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. We both agree that all claims can only be litigated in London, England and we each agree to the exclusive jurisdiction of the courts located within London, England. However, you agree that Cloudchart can apply for injunctive remedies in any jurisdiction.
To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
19. REFUND AND CANCELLATION
If you wish to claim a refund, you can do so within 30 days following your purchase of our Services. We seek your full satisfaction with our Services. However, we would like to troubleshoot an issue you experience first. There are common service configuration issues that may hinder the Services for you, and we resolve most user issues encountered.
You have a right to cancel your account at any time. You can cancel a recurring subscription by contacting support@cloudchart.co. Cancelled accounts will not be refunded for the unused part of the ongoing service period.
20. FEES
Cloudchart offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Cloudchart quoted at the time of purchase. Cloudchart reserves the right to change the eligible currencies at anytime, except where not permitted by applicable law.
Cloudchart reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via email to support@cloudchart.co (with cancellation confirmation from a Cloudchart representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card or account on file with us on the first day of the renewal of the subscription period.
21.BILLING/PAYMENT
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s)that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Cloudchart has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
22.SUBSCRIPTION PERIOD
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least five (5) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew(without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least five (5) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel or downgrade the Cloudchart Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
Where required by law, you may have a legal right to cancel your subscription, pursuant to Section 20, during the prescribed timeframe of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within five (5) business days, and you will receive a prorated refund of any unused prepaid fees.
23. CLOUDCHART SUBSCRIPTION SPECIFIC TERMS
If you are purchasing a Cloudchart subscription plan, the following additional terms apply to you and your organization:
You: (a) are required to have a Cloudchart account for each user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (c) are responsible for setting your configurations of the Cloudchart Service, and (d)are responsible for managing your users’ activity and any of your devices and/or any systems that you use to access the Cloudchart Service.
Cloudchart considers the following categories of users as your organization’s users:
Users whose accounts are controlled by your organization’s administrator;
Users who are permitted to access, store, retrieve or manage your Content and (i) are employed by your organization, or (ii) whose accounts are associated with an email address controlled by your organization.
These categories include, for the avoidance of doubt, any such users with individual plan accounts.
If Cloudchart provides you with a report showing that your organization has more users than purchased accounts, then you will promptly (but in any event with seven (7) days of receiving such report) purchase additional accounts or permanently delete the excess accounts.
If your organization has more users than purchased accounts, Cloudchart may place reasonable restrictions on your account until you adequately address your excess users (such as restricting or limiting your organization’s ability to deploy additional accounts).
24. CLOUDCHART SOFTWARE
Your use of the Service may include use of optional downloadable user software (“Software”).This Software may update automatically on your device once a new version or feature is available. Cloudchart gives you a personal, worldwide (subject to applicable law), royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Cloudchart as part of Service, for the sole purpose of enabling you to use and enjoy the benefit of the Service.
25. TRAINING OR CONSULTING SERVICES
25.1 Consulting Services.
In the event you order any professional, educational, operational or technical services (collectively, “Consulting Services), the nature, details and duration of the Consulting Services will further be described in the datasheet or statement of work which is referenced.
25.2 Cloudchart Materials and Cloudchart Tools.
Cloudchart shall own all rights, title and interest in and to the documentation, templates, training materials, recordings and other items (collectively the “Cloudchart Materials”) Cloudchart may provide to Customer as part of this consulting services engagement (including any intellectual property rights therein, but excluding any Customer Confidential Information and Customer logos and trademarks that may be included in the Cloudchart Materials, collectively, “Customer Property”). Cloudchart shall have the right to use any such Customer Property solely for the purpose of providing the consulting services to Customer as set forth hereunder. During the term specified in the applicable Order, Cloudchart hereby provides Customer with a royalty free, limited, non-exclusive, non-sublicensable, non-transferable and terminable license to use such Cloudchart Materials solely for Customer’s internal operations in connection with its authorized use of the Cloudchart Service. Nothing herein shall be construed to assign or transfer any intellectual property rights in the proprietary tools, libraries, know-how, techniques and expertise (“Cloudchart Tools”) used by Cloudchart to develop the Cloudchart Materials, and to the extent such Cloudchart Tools are delivered with or as part of the Cloudchart Materials, they are licensed, not assigned, to Customer, on the same terms as the Cloudchart Materials.
25.3 Consulting Services Warranty.
In regard to Consulting Services only, Cloudchart warrants that: (a) it and each of its employees, consultants and subcontractors, if any, have the necessary knowledge, skills, experience, qualifications, and resources to provide and perform the Consulting Services in accordance with the applicable datasheet or statement of work; and (b) the Consulting Services will be performed in a professional and workmanlike manner in accordance with industry standards and in accordance with the scope of services outlined in the applicable datasheet or statement of work. You acknowledge that Cloudchart’s ability to successfully perform the Consulting Services is dependent upon your provision of timely information, access to resources, and participation as outlined in the applicable Consulting Services. If through no fault or delay of yours the Consulting Services do not conform to the foregoing warranty, and you notify Cloudchart within seven (7) calendar days of Cloudchart’s delivery of the Consulting Services, Cloudchart will re-perform the non-conforming portion(s)of the Consulting Services at no additional cost to you.
26. GENERALTERMS
26.1 Severability; Entire Agreement.
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce apart of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
26.2 Assignment and Transfer.
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we provide written consent for you to do so.
26.3 Independent Contractors; No Third-Party Beneficiaries.
Cloudchart and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
26.4 Waiver.
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
26.5 Mobile Restrictions.
The Service is not designed for mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws, or that may put the physical safety of others in danger.
Privacy Policy
Overview
At Cloudchart, we respect the privacy rights of users and recognize the importance of protecting your information. We provide a cloud-based content management platform and our products make it easier for people to share ideas, collaborate and help get work done. This Privacy Notice explains how information (including personal data as defined under GDPR) is collected, retained, used, disclosed, and transferred by Cloudchart and the available choices you have in regards to your personal information. This Privacy Notice applies to information collected, used or shared by Cloudchart when you use or access our websites, products, applications or services (collectively, the "Cloudchart Services"), including when you attend a Cloudchart event or otherwise interact with us.
Business Accounts
If you use the Cloudchart Services as part of a business, an entity, or a non-profit (collectively, “Organization”) that has an agreement with Cloudchart, then the terms of that agreement between the Organization and Cloudchart will supersede the Privacy Notice where the terms overlap.
Changes to This Notice
We may change this Privacy Notice from time to time. If we make any changes, we will revise the date at the top of this Privacy Notice. If there are material changes to this Privacy Notice, we may notify you or your Organization more directly by email or post a notice on Cloudchart’s website prior to the changes becoming effective. We encourage you to periodically review our Privacy Notice to stay informed about our data protection practices and the ways you can help protect your privacy.
Collection of Information
Cloudchart collects information in the following ways:
1. Information You Provide.
We collect the information you directly provide to Cloudchart when you visit our websites or register for and/or use the Cloudchart Services.
2. Information We Collect Automatically.
We collect information related to your usage of the Cloudchart Services and the devices you use to access those Cloudchart Services.
3. Information We Collect from Other Sources.
We collect information from third parties where you have provided us with access to information from those third parties.
In some situations, you can decline to provide information to Cloudchart when asked for it. If you decline to provide information where Cloudchart requires such information to operate the Cloudchart Services and fulfill our obligations, you may not be able to use the applicable Cloudchart Service(s). Situations where this may occur include:
Where Cloudchart asks you to provide personal information to be able to add features or services to an existing account at your request;
Where Cloudchart asks you to provide personal information to create an account; or
Where a third-party application on Cloudchart asks you to provide information to use their feature or service.
There may be situations where you do not have the ability to decline to provide information. This includes where Cloudchart automatically collects personal information through your use of Cloudchart Services. For any questions about providing us with your personal information, please contact us at support@cloudchart.co
We collect certain information in the following ways:
Information You Provide
· We collect information directly from you when you: Register with Cloudchart for an account, create or modify your profile and account, access and use the Cloudchart Services (including but not limited to when you upload, download, collaborate on or share files or other information), use features of the Cloudchart Services, participate in a survey, contest, promotion, sweepstakes, activity or event, make a purchase, request customer support, or communicate with us via third-party social media. We also store the files or other information that you upload or provide to the Cloudchart Services (“Content”) in order to provide you with the Cloudchart Services.
· The types of information we may collect directly from you include:
o Your name;
o User name;
o Email address;
o Your picture;
o Postal address;
o Phone number;
o Information about your data storage preferences;
o Employer’s name;
o Job title;
o Transactional information (including services purchased or subscribed to and billing address); as well as
o Any contact or other information you choose to provide.
· We also collect the information of third parties you provide to enable the use of certain functionality and features of the Cloudchart Service. For example, if you invite a user into the Cloudchart Service, we will collect the email address you provide in order to invite that user to collaborate on the Content you shared.
Information We Collect Automatically
Information We Collect Through Your Use of the Cloudchart Services
Usage information: We monitor user activity in connection with the Cloudchart Services and collect information about the applications and features you use, the Cloudchart websites you visit, the sizes and names of the files or folders you upload, download, share, or access while using the Cloudchart Services, the Content you access, and any actions taken in connection with the access and use of your information and Content in the Cloudchart Services.
Log Information: We log information about you when you access and use the Cloudchart Services, including: Your Internet Protocol (“IP) address, access times, browser type and language, Internet Service Provider (“ISP”), the Cloudchart web pages that you visit, the Content you use, and the URL of the web page you visited before navigating to one of the Cloudchart Services.
Device Information: We collect information about any device (e.g., computers, mobiledevices, etc.) used to access Cloudchart Services, including: The hardware model, operating system and version, unique identifiers, mobile network information, or platform information. If you experience an error or crash in any of the Cloudchart Services, we may collect information (using first or third party products) and logs from your device including information such as your device’s IP address, device name, operating system version, application configuration(s), the time and data, and other statistics.
Information Collected by Cookies and Similar Tracking Technologies: We (and the service providers working on our behalf) use various technologies to collect information. This may include saving cookies to your computer or mobile device. For information on what cookies are, which ones we use, why we use them, and how you can manage their use, please see our Cookie Notice.
Information We Collect from Other Sources
We may also obtain information from third party applications and combine that with other information we collect through the Cloudchart Services. Any access or restrictions that we may have to such information from such a third party is in accordance with the privacy notice and authorization procedures determined by that third party.
Use of Information
Cloudchart uses information collected for the purpose of providing the Cloudchart Services. Cloudchart will process and transfer information within and to the United Kingdom and other countries and territories from which Cloudchart or its authorized third parties may operate, which may have different privacy laws from your country of residence.
Your information may be used to perform a variety of purposes, such as:
· Provide, operate, maintain, and improve the Cloudchart Services;
· Enable you to access and use the Cloudchart Services, including uploading, downloading, collaborating on and sharing Content, and sending emails on your behalf;
· Send you technical notices, updates, security alerts, and support and administrative messages;
· Provide and deliver the services and features you request, process and complete transactions and send you related information, including purchase confirmations and invoices;
· Respond to your comments, questions, and requests, and provide customer service and support;
· Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about Cloudchart and our select partners;
· Process and deliver contest or sweepstakes entries and rewards;
· Monitor and analyze trends, usage, and activities in connection with the Cloudchart Services and for sales, marketing or advertising purposes;
· Investigate and prevent fraudulent transactions, unauthorized access to the Cloudchart Services, and other illegal activities;
· Personalize and improve the Cloudchart Services, and provide Content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Cloudchart Services;
· Send you push notifications from time-to-time in order to update you about events or activities related to the Cloudchart Services. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we collect certain information about your device such as operating system and user identification information;
· Link or combine with other information we receive from third parties to help understand your needs and provide you with better service; and
· Enable you to collaborate on and share files with users you designate.
Sharing and Disclosure of Information
We will not share personal information about you or any Content with any third parties, unless you allow it, as described in this Privacy Notice, or in connection with providing you the Cloudchart Services. We may share information with (i) third parties and vendors or other services providers working on our behalf; (ii) the third-party Cloudchart integrations or other third-party products that you choose to use while working with the Cloudchart Services or (iii) when necessary, to protect the security and safety of our users or when required bylaw or a legal process.
We may share information about you as follows:
Vendors, Consultants, and Other Service Providers: We share information with third-party vendors, consultants, and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing, provide customer support, etc. These service providers are authorized to use your information only as necessary to provide services to Cloudchart and/or Cloudchart Services.
We also share your information with third-party vendors to understand which areas and features of the Cloudchart Services are most popular and/or to improve the overall effectiveness of Cloudchart’s Services and features. In addition, Cloudchart uses subprocessors for certain Cloudchart Services. For more information on Cloudchart’s subprocessors, please refer to our Subprocessors Page.
Business Account: If you have an individual Cloudchart account and your account email domain is owned or managed by your employer or another organization, your employer or that organization may be provided with access to information relating to your account.
For Collaboration: We share your information with third parties you choose when using collaboration or sharing features in the Cloudchart Services. The personal information we may share includes: your name, email address, information from your profile and online account (including photo), and any Content you choose to share will be shared with such third parties, and such third parties may communicate with you (such as by posting comments or emailing you) in connection with your use of the collaboration features of the Cloudchart Services.
Third Party Applications: Cloudchart provides you with opportunities to connect with third-party applications or services. If you choose to use any third-party applications or services, we share information about you including your username and any Content you choose to use in connection with those applications and services, and such third parties may contact you directly.
Note, this Privacy Notice does not apply to your use of such third-party applications and services, and we are not responsible for how those third parties collect, use, and disclose your information and Content. We encourage you to review the privacy notices of those third parties before connecting to or using their applications or services to learn more about their information and privacy practices.
Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies with our users and customers; (c) to protect the security or integrity of the Cloudchart Services; (d) to protect Cloudchart, our users and customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) to any other third party with your prior consent.
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Aggregated or Anonymized Data: We may also share aggregated or anonymized information that does not directly identify you with third parties.
Retention of Personal Information
We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Notice and in order to provide you the Cloudchart Services, and for as long as your account is active or as needed to provide you services. We will also retain your information to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Personal Information Choices
We understand that your personal information is important to you, and that is why you have choices in how your personal information is used and shared. You can exercise your data protection and privacy rights at any time by contacting Cloudchart at support@cloudchart.co.
Account Information: You may update, correct, or delete your personal information at any time by emailing us at support@cloudchart.co. You may also submit an access request by emailing support@cloudchart.co,and Cloudchart will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. We will respond to your access request within 30 days.
Deactivating or Deleting Your Account: If you have an individual Cloudchart account and wish to deactivate your account, please note that we may retain certain information, including cached or archived copies, as required by law or for legitimate business purposes. If you have an Organization Cloudchart account, please email your Cloudchart Services administrator appointed by your Organization for information regarding cancelling your account.
Collaboration and Sharing Features: The Cloudchart Services offer collaboration and sharing features and support Cloudchart and third-party integrations, which allow you to share your Content or other information through the Cloudchart Services. You can get permissions and change your settings at any time for files and folders through your account. For more information about collaboration and sharing features and on how you can manage your permissions and defaults please contactsupport@cloudchart.co
Community Forums and Blogs: Some of our website offers publicly accessibly blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others. To request removal of your personal information from our blog or testimonials, please contact support@cloudchart.co. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. You also can directly opt out of certain third-party cookies. Please note that choosing to remove or reject certain cookies might adversely affect your use of Cloudchart Services. For more information about Cloudchart’s use of cookies, please see our Cookie Notice.
Advertising: You may opt out of personalized ads anytime by deleting your browser’s cookies. In addition, you may opt-out of interest-based advertising from some third-party partners by visiting http://optout.aboutads.info/,http://optout.networkadvertising.org/,or the third-party provider’s websites. Residents of the European Economic Area(“EEA”) please visit http://www.youronlinechoices.eu.For more information, please review our Cookie Notice.
Links to Third-Party Websites: We may link to third-party websites in the Cloudchart Services. When you click on a link to a third-party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of Cloudchart. We encourage you to visit their websites and review their privacy and user policies.
Promotional and Newsletter Communications: You may opt out of receiving promotional and newsletter emails from Cloudchart by following the opt-out instructions provided in those emails. You may also opt out of receiving promotional emails and other promotional communication from us at any time by emailing support@cloudchart.co with your specific request. If you opt out, we will still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Cloudchart Services or those about your online account or our ongoing business relations.
Protection of Personal Information
Cloudchart is committed to securing your personal information. We take appropriate technological and organizational measures to help protect your personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Cloudchart complies with applicable data protection, privacy, and security breach notification laws.
Our Policy Toward Children
The Cloudchart Services are not directed to individuals under the age of 18 and we do not knowingly collect information from anyone under 18. If you become aware that a child has provided us with personal information, please contact us at support@cloudchart.co.If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information as soon as possible.
Contacting Us
Please contact us at support@cloudchart.co if you:
Have questions about this Privacy Notice;
· Wish to make a complaint or have a concern about our handling of your personal information; or
· Want to report a possible breach of privacy laws.
Cloudchart will respond to your inquiry within 30 days.
Fair Use Policy
This policy sets forth Cloudchart’s expectations for the fair use of our systems in order to ensure the integrity of the Cloudchart Service for all. The policy applies to all users of our Cloudchart Service. Cloudchart may change this policy, at its sole discretion, by posting an updated version of the policy at www.cloudchart.co/terms and such updates will be effective upon posting.
Section 1. Integrity of Our Service
Consistent with your obligations under your agreement, it is important that all users understand that while the Cloudchart Service can be utilized for a multitude of activities, it should not be used for the following:
a. No Monetization of the Cloudchart Service
The Cloudchart Service is purchased by you and intended for your internal use only. You are prohibited from transferring, renting, reselling, charging or otherwise commercializing any use of the Cloudchart Service that you have purchased from Cloudchart, in whole or in part, unless otherwise expressly permitted by the terms of your Agreement. This includes, for the avoidance of doubt, the use of the Cloudchart Service for phishing, extortion, pyramid schemes, or unsolicited commercial messaging (e.g. spam).
b. IP Prohibitions
You are prohibited from reverse engineering, disassembling, decompiling, otherwise recreating the Cloudchart Service or creating derivative works of the Cloudchart Service. You may not access the Cloudchart Service for the purposes of replicating any element of the Cloudchart Service as part of a product or service that competes with Cloudchart.
c. False or Misleading Acts
Honesty is the best policy. Users may not use the Cloudchart Service to falsely or misleadingly identify themselves or information about themselves (e.g. employer, title, or affiliations).
d. Security Testing
Overburdening the Cloudchart Service or attempting to circumvent access limitations or monitoring mechanisms for the Cloudchart Service or its related systems and networks is prohibited. Performance and disclosure of security tests, vulnerability scanning, penetration testing, or similar activities conducted without the prior written consent of Cloudchart is prohibited.
Section 2. Entitlement Compliance
Cloudchart believes in providing our customers with the best experience possible. As such, we do not set system limitations on our customers’ user access or other similar functionality within the Cloudchart Service. The following section is intended to address our customers’ use of the Cloudchart Service in excess of the products purchased under the applicable order and ensure compliance with our pricing model.
a. User Limitations
Our pricing model for user accounts is straightforward - we charge for our plans per user and not by usage. "Users" (e.g. employees, contractors, consultants) that are part of the Cloudchart Business Plans must be tied to individual people, and to a single email address. Your order which represents the commercial terms of the Cloudchart Service contract, states the quantity of user accounts a Customer has purchased. Customers are responsible for purchasing accounts for all Users deployed by the administrator in accordance with your agreement and order. Deploying users beyond your user account entitlement, as stated in the order, will result in the need to purchase additional users.
We approach our customer relationships in a transparent and honest way and hope for the same from our customers. Users and customers may not take actions to artificially decrease their user count. Examples of such behavior include (but are not limited to):
Creating a single user account that multiple users share.
Creating user accounts tied to a generic email address or alias (e.g. salesteam@xyz.com).
Deleting user accounts prior to a true-up and then subsequently re-provisioning those accounts.
Provisioning user accounts using an employee’s personal email address for the purpose of circumventing the Customer’s user count.
Additionally, user accounts that are part of the Cloudchart Business Plans cannot be used as a "system account" or "service account" that uses Cloudchart APIs and are independent of a specific person. If you have a use case for an account that is not tied to a specific person, for example, connecting backend systems to aggregate files and move them to Cloudchart via API, migrating files from an internal repository to Cloudchart via API, scanning new files that are uploaded to Cloudchart via API, and other similar uses of the Cloudchart APIs –we will be happy to work with you to enable that use case.
b. External Collaborator Limitations
Cloudchart encourages collaboration between users from different accounts, including between companies that purchase Cloudchart Business plans and users using free Individual plans. This allows companies to work with external contractors, customers, consultants, partners, or anyone that signs up for a Cloudchart account of any kind (including free of charge Individual accounts). Cloudchart Business Customers may not create Individual accounts for users from the same company for the purpose of avoiding purchasing Cloudchart licenses for internal users in excess of their user entitlement. Cloudchart reserves the right to restrict external collaboration, suspend accounts and recover payment for such action.
Section 3. Product Limits
The following sections outline system limits and thresholds that, if exceeded, may cause general hardship on our systems resulting in an error message. It is advised that you do not exceed these limits to ensure the integrity of the Cloudchart Service.
a. Bandwidth
To help prevent excessive usage by any one user, Cloudchart may limit user bandwidth if it exceeds the thresholds described below.
Cloudchart monitors two different types of bandwidth:
Download Bandwidth for Shared Links: Files downloaded from an open access shared link(applies to the owner of the file).
10GB per user per month for Lite plans
1TB per user per month for Business plans
Download/upload Ingress/Egress Bandwidth: Files uploaded and downloaded (applies to the userwho uploads and/or downloads the file).
1TB per user per month for both Cloudchart Lite and Business plans
c. Storage and File Sizes
- 1TB storage per organisation for Lite plans
- Unlimited storage per organisation for Business and Enterprise plans
- Maximum file size 2GB
Sub Processors
To support Cloudchart Ltd. (“Cloudchart” or “we”), in delivering the Cloudchart Service, we may engage third party service providers (“Subprocessors”) to assist with its data processing activities. Subprocessors and Cloudchart’s affiliates may process, store or otherwise access certain customer information or personal data found in customer Content in order to support and/or improve the Cloudchart Service. Unless otherwise specified, capitalized terms that are used on this page have the meaning set forth in the Cloudchart Terms of Service or in a superseding written agreement between Cloudchart and a particular Cloudchart customer. This information is provided in compliance with Cloudchart's General Data Protection Regulation (GDPR) obligations as a Processor.
Before engaging any Subprocessor, we perform due diligence of such Subprocessor's privacy, information security, and data protection practices. We enter into written agreements with Subprocessors that enforce compliance with applicable data protection laws, security controls, confidentiality and international data transfer requirements. We also restrict Subprocessor access to only what is necessary to maintain and provide the Cloudchart Service to our customers. Subprocessors are strictly prohibited from using customer data, Content or personal data for any purpose other than to support Cloudchart in providing the Service to its customers.
The following table identifies the Subprocessors used by Cloudchart, the type of services that may be provided, and the location where such subprocessing activities are performed.
Subprocessors:
Google, LLC.
Category of Services: Analytics, compute, database, machine learning, networking, and storage
Location: United Kingdom
Microsoft Corporation
Analytics, compute, database, machine learning, networking, and storage
Location: United Kingdom
As our business and technical requirements change, we may from time to time remove or add Subprocessors, or we may engage an existing Subprocessor to perform additional services for us, if we believe that doing so will enhance our ability to deliver the Cloudchart Service. We will periodically update this page to reflect changes to our Subprocessors. If you have any questions about our subprocessing activities, please contact support@cloudchart.co.
