CloudFran™ Terms and Conditions

Updated: October 10, 2024

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These Terms and Conditions (the “Terms”) govern your access to and use of the CLOUDFRAN website, mobile sites, applications, products, software, and other services (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Acceptance of Terms

These Terms are entered into between you and CLOUDFRAN, Inc. (“CLOUDFRAN,” “we,” “our,” or “us”). Your use of the Services signifies your acceptance of these Terms and the CLOUDFRAN Privacy Policy, which is incorporated herein by reference and can be found at [CLOUDFRAN Privacy Policy](https://cloudfran.com/resources/privacy/cloudfran-privacy-policy/).

2. Modifications to Terms

CLOUDFRAN reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting the modified Terms on our website. We encourage you to review these Terms periodically for updates. Your continued use of the Services after changes have been made will constitute your acceptance of the updated Terms.

3. Eligibility

The Services are not intended for individuals under the age of 18. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

4. Account Creation and Information

You may be required to create an account to access certain Services. When you register for an account, you agree to:

– Provide accurate, current, and complete information as prompted by the Services.

– Maintain and promptly update your account information to keep it accurate, current, and complete.

If you provide false information or fail to maintain accurate information, CLOUDFRAN may suspend or terminate your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

5. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

– Copy, reproduce, or distribute any part of the Services without prior written permission from CLOUDFRAN.

– Use the Services for any illegal or unauthorized purpose.

– Interfere with or disrupt the Services or the servers and networks connected to the Services.

– Transmit any harmful code or engage in any activity that may harm CLOUDFRAN or its users.

6. User Content

You may submit feedback, comments, and other content (“User Content”) through the Services. You retain ownership of your User Content; however, by submitting it, you grant CLOUDFRAN a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in any media.

7. Ratings and Reviews

If you submit ratings or reviews, you represent and warrant that:

– You are the sole author and own the rights to your ratings and reviews.

– Your ratings and reviews do not violate any applicable laws or regulations.

CLOUDFRAN reserves the right to remove any ratings or reviews at its discretion.

8. Third-Party Links

The Services may contain links to third-party websites (“Third Party Sites”). CLOUDFRAN does not control these Third-Party Sites and is not responsible for their content or practices. We encourage you to review the privacy policies and terms of use of any Third-Party Sites you visit.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information. By using the Services, you consent to the practices described in our Privacy Policy.

10. Limitation of Liability

To the fullest extent permitted by applicable law, CLOUDFRAN shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or your inability to use the Services, even if CLOUDFRAN has been advised of the possibility of such damages.

11. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. CLOUDFRAN makes no representations or warranties of any kind, express or implied, regarding the operation of the Services or the information, content, materials, or products included in the Services.

12. Indemnification

You agree to indemnify and hold harmless CLOUDFRAN and its affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Fulton County, Georgia.

14. Changes to Terms

CLOUDFRAN may update these Terms from time to time. The updated Terms will be posted on our website, and the “Updated” date will be revised. Your continued use of the Services following the posting of changes constitutes your acceptance of the new Terms.

15. Agreement Scope

These Terms, representing basic compliance, together with our Privacy Policy, constitute the minimal agreement between you and CLOUDFRAN concerning your use of the Services on our web properties, such as, https://cloudfran.com.  This agreement does not override specific specific agreed upon license agreements for CloudFran™ Software, and is used in conjunction with license agreements from CloudFran.

16. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

CLOUDFRAN, INC 

Email: support@cloudfran.com 

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This updated Terms and Conditions document aligns with GDPR requirements by ensuring transparency, clarity, and user rights concerning their data and interactions with the services provided by CloudFran.