We are excited to be working with You.
We believe that transparency is key to making Your cloud a better place. This document sets out what You can expect of us and what we expect of You in respect of our relationship and the Services we provide.
What follows are our Standard Terms and Conditions of Service and they form a legally binding agreement between us and You (the Agreement) in respect of Your use of, and access to, our Systems and the Services we offer.
1. When it all begins
This Agreement takes effect on the earlier of:
- You clicking an “Accept” button or checkbox on our Website or during a registration process for use of our Services;
- You continuing to use any of our Services after we notify You of the terms of this Agreement;
- the effective time for this Agreement as described on the first invoice You receive from us; or
- the date otherwise agreed by You and us in writing, (the Effective Date).
This Agreement will continue in full force and effect for the Term and Your Plan will automatically renew itself at the conclusion of each Prepaid Period until such time as this Agreement is validly terminated in accordance with paragraph 8.
2. What we expect from You
2.1. Accessing and using our Services
You agree to use and access our Services in accordance with the terms of this Agreement and any other policies or rules we publish on our Website from time to time.
2.2. Your responsibilities as a System Administrator
To get started, i.e. when first registering the Team, You will need to select a Plan, create a Team, if you want to, select Users to join that Team, ensure that those Users have properly signed up at our service and link Your Team to Your Cloud Account. If You are the first User taking the aforementioned actions and creating a Team, by clicking an “Accept” button or checking a box on our Website or making use of our Services, you are accepting this Agreement on behalf of Your Company and you are representing that you have full legal authority to accept this Agreement on behalf of Your Company.
You are solely responsible for:
- all activities undertaken by or through Your Team or Team Accounts, even where those activities were undertaken without Your express or implied permission;
- all information, data and content stored, published or accessed through or by Your Team or Team Accounts;
- ensuring the integrity, hygiene and accuracy of Your Data; and
- backing up Your Data and any other data You use or require in relation to the Services.
2.3. The do’s
- you must take all reasonable steps to:
- ensure that all Passwords are kept secure and not shared by or between Users; and
- prevent Your Team and all Team Accounts from making unauthorized, improper or illegal access to, or use of, our Services;
- You must notify us immediately if You suspect:
- unauthorized, improper or illegal access to or use of our Services or Systems;
- that Your Team, access to Team Accounts or the security of Passwords have been compromised; or
- that there is any problem with or vulnerability in Your Data (including if You suspect that Your Data contains or may contain any viruses or other attributes which may interfere with, disrupt, infect, attack or overload our Services or Systems).
- You must ensure that each User in Your Team complies with this Agreement and any applicable policies or rules as set out on our Website.
2.4. The don’ts
You must not (and must ensure that none of the Users in Your Team):
- breach or permit others to breach this Agreement, or any policy or rule set out on our Website;
- undermine or circumvent our security or authentication measures;
- use our Services in an unauthorized, improper or illegal manner or for any unauthoried, improper or illegal purposes;
- charge Users of Your Team or any third party for use of or access to our Services or any platform or product offered by us;
- interfere with, disrupt, infect, attack, exploit vulnerabilities in or overload our Systems, including but not limited to uploading or transmitting harmful content, including viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- interrupt or otherwise interfere with the Services we provide to our other customers;
- imitate, replicate or reverse engineer our Services or Systems, whether for financial gain or otherwise, or access our Services or Systems with the intention of doing so;
- grant any third party a license to access and use the Services or otherwise commercially exploit or in any way allow any third party to exploit the Services,
- use the Services for commercial purposes, other than Your company’s internal purposes, or
- access or use our Services if You are a direct competitor of DemandCloud.
3. What You can expect of us
3.1. Our responsibilities
We will make commercially reasonable efforts to:
- make the Services available to You without unreasonable interruption;
- respond to Your complaints regarding the Services;
- notify You if we become aware of unauthorised, improper or illegal access to Your Account or Team Accounts;
- maintain the integrity of our Systems;
- communicate with You regarding the Services and changes to the Services or this Agreement;
- strive for continuous improvement in our Services; and provide You with general information through our Website to assist You in using our Services.
We are not:
- obligated to provide You with technical support or bespoke solutions which respond to Your specific technical or business needs; or
- responsible for unauthorized, improper or illegal access to or use of the Services by or through Your Account or any Team Account.
4. Information – Ownership and Confidentiality
4.1. What we own
We retain all right, title and interest in and to the Services, the Confidential Information, Our Data and all related Intellectual Property Rights.
4.2. What You own
You retain all right, title and interest in and to Your Data.
4.3. What we share
- In exchange for Your ongoing payment of Fees, we grant You a non-exclusive, non transferable, non sub-licensable license to access and use the Services in accordance with the terms of this Agreement during the Term. The license provided under this paragraph is revocable upon us giving You notice and terminates automatically at the end of the Term.
- You grant us and our subcontractors a non-exclusive, royalty-free license to use and manipulate Your Data during the Term for the purpose of providing You with the Services, supporting Your use of the Services, responding to Your feedback and enquiries and meeting our other obligations under this Agreement.
Last Updated: January 2021.