TERMS OF SERVICE AGREEMENT - EFFECTIVE AS OF February 14, 2017
Mantra Data Analytics product from CloudGamut Inc. (Cloudgamut), Dallas, TX, USA provides various services for data analysis (collectively "services") to registered commercial users (hereinafter called "users") via www.cloudgamut.com website.
This Agreement governs the use of the CloudGamut web application and related client-end software (the "Software"), and any other services, software, data, and other materials made available through CloudGamut services. The following Terms of Service are valid for every use of CloudGamut’s services.
These Terms of Service shall apply to all services provided by CloudGamut. The agreement constitutes a legal binding agreement for all of CloudGamut's services received by its users.
The user's general terms and conditions shall not apply, unless they are approved by CloudGamut through a written agreement. By using this service in any manner; including, but not limited to, visiting the site or contributing content, information, or other materials to the site, you agree to be bound by this Agreement.
REGISTRATION AND CONDITIONS OF USE
The use of the services requires the registration as a user. The services are offered exclusively to commercial customers.
The user is obliged to provide true, accurate, current and complete registration data, and to maintain this by promptly updating the registration data, and other mandatory disclosures including payment information, when necessary. If you provide any information that is untrue, inaccurate, not current or incomplete; or if CloudGamut has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; CloudGamut has the right to suspend, or terminate your account and prevent your access to potentially all of the services and, or content (or other users' access to your content), and refuse any future use of the service (or any portion thereof), or content.
If you are entering into this agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions; you must not accept this agreement, nor use the service.
CloudGamut's services are online services; therefore all communications including notices or other information will be delivered electronically, or as an announcement via the users account. The user is obliged to ensure that emails sent to the email address specified, can be received and agrees to check his email inbox at least once each working day. The user has to ensure that the settings of his email account are set accordingly, so that CloudGamut's emails will not be sorted out by the spam filter.
CloudGamut reserves the right to reject any registration request without stating reasons.
DESCRIPTION AND MODIFICATIONS OF SERVICES
CloudGamut provides software for database analysis as a web service via its websites (Software-as-a-Service). These services are offered exclusively online, via CloudGamut's product interface Mantra Data Analytics. The user has no right to download or install the software on his systems, nor devices.
The functional range of CloudGamut's services complies with the current product description published on the website www.Mantra Data Analytics.com. The use of the services is limited to the respectively ordered number of databases and user licenses. CloudGamut may offer you additional packages for the use of further databases, or user licenses. The termination of the ordered service also applies to the additionally ordered packages.
The quality and reliability of the analysis results depend on the quality of the underlying data, and execution of the analysis. The user is solely responsible for both the quality and the execution of the analysis, as he provides the database and performs the analysis. CloudGamut does not review or assess the data.
CloudGamut may enable the user to assign data fields of his data source to predefined categories. CloudGamut may use these assigned data fields, in order to offer its users standardized analyses. Such analyses might be an included service of a service package, or they may be subject to a separate remuneration. Furthermore, CloudGamut may use these assignments for anonymous analyses (benchmarking) across all users. CloudGamut provides these benchmarks as included service of a service package, or as a separate service with additional remuneration. The user may refuse the anonymized processing of his data at any time with effect for the future. The objection can be sent as an email to support@CloudGamut.com.
If the user instructs CloudGamut to copy the data or databases from the user's servers to CloudGamut's own servers, then this is exclusively for the purpose of reducing the load of the user's systems, and accelerating the performed analysis. CloudGamut does not guarantee the availability and integrity of the copied data. As these data will be transferred exclusively for analysis purposes, CloudGamut is entitled to edit or modify this data for own purposes (e.g. converting the data into another format, rounding up numbers, merging data), without providing a backup copy of the original data. The user is solely responsible for the availability and integrity of the original data.
CloudGamut's services consist of complex hardware and software components. All components interact with each other and are subject to permanent change due to enhancements; changing legal conditions and security updates. CloudGamut will execute any adjustment to the hardware and software components in the best technical and professional manner as possible, but cannot guarantee any uninterrupted availability of services. CloudGamut guarantees an average annual availability of 98% for the service platform, and an average annual availability of 95% for single services.
CloudGamut's services are partially based on software developed by third parties (e.g. analysis tools, scripting languages, query languages, database systems, etc.) and depend on such software regarding its functionalities. CloudGamut has no influence on adjustments made to software from third parties. In certain cases it is possible that CloudGamut will not be able to offer single functions of its own services anymore if the functionality of underlying third party software changed, or if certain functions and software can no longer be used due to security reasons. CloudGamut reserves the right to adapt its services and to make any necessary changes in interest of the user in such cases.
If CloudGamut will offer new services, or advanced functionalities of existing services within the duration of the agreement; then, the same terms of service shall apply to such new or extended services offered by CloudGamut.
CloudGamut is entitled to reasonably adjust the prices of its services due to changes in functionalities of these services at the beginning of the next term. CloudGamut is obliged to announce such adjustments in pricing in written form stating the reasons for the price changes, at least 30 days prior to the next term.
THIRD PARTY SERVICES
CloudGamut may offer its users analytical services of third parties. Such services will be declared as third party offers. Solely, the terms and conditions and privacy policies of these third parties apply to the use of their respective services.
CloudGamut may offer its users a cost-free and limited version of its services ("Free Trial"). This free trial is offered on a temporary basis and automatically ends after the free trial period has expired. If the user purchases a subscription to the service within the duration of the free trial period, the free trial ends with the order of the paid services.
A free trial will under no circumstances be automatically turned into a paid contract. Paid services have to be explicitly ordered by the user.
The user is obliged to maintain the confidentiality of his login, password and account details, and shall not disclose this information to third parties. The user is fully responsible for all activities that occur under his password or account. If the user becomes aware or believes that this personal information has been disclosed to an unauthorized third party, then he is obliged to immediately change this data.
The user is responsible; that he is authorized under the respective legislation and internal company guidelines, to provide CloudGamut with the login details of the user's company servers and systems that CloudGamut requires, in order to make the requested analysis available. Same applies, if the user assigns CloudGamut to copy the data stored in the systems of the user, for analytical purposes.
The user shall instruct CloudGamut only with legitimate evaluations of data that he has lawfully collected, or otherwise obtained lawfully by the user, or by the user's company. It is the user's sole responsibility to ensure the compliance with the applicable data privacy laws.
RIGHTS OF USE
CloudGamut grants the user, and the agreed number of additional users, for the duration of the contract, a non-exclusive and limited right of use, of the purchased services to the agreed extent via CloudGamut's website.
The parties agree to grant each other the use of their logo and company name as a reference on the other party's website, or within company presentations. Each party might decline the use of their logo and company name at any time for a specific case, or generally with effect for the future. An objection requires the written form.
RIGHTS OF CLOUDGAMUT IN CASE OF BREACH OF THE TERMS OF SERVICE
In case a third party can prove credibly that they have been violated in their rights, while CloudGamut is providing its services on behalf of the user (e.g. due to access to a database, database mirroring or analysis of this database), CloudGamut is authorized to terminate its services on its own behalf to avoid any liability until the legal situation is satisfactorily clarified.
CloudGamut reserves the right to close the account of any user and terminate the contract, in case the user repeatedly breaches or seriously violates this terms of service.
The claim for fees of CloudGamut persists in the case of a justified account cancellation, according to the provisions set out above.
DURATION AND TERMINATION
The duration of the booked services is determined by the offer chosen. Normally the duration is one year, or six months.
The booked services shall extend automatically by the original requested duration, unless otherwise agreed, or terminated by one of the parties in due time. In case the first contract term is more than a year, the renewal period will be one year.
. The notice period for the termination of services is eight weeks prior to the end of the contract for a term of six months, twelve weeks for a term of one year.
Termination must be in writing; transmission via email must be sent to support@CloudGamut.com. Alternatively, CloudGamut may entitle its users to terminate their contract via their user account.
CloudGamut has an exceptional right of termination if the user contradicts to a technical required change of service, according to 3.7.
TERMS OF PAYMENT
Payment must be made monthly, quarterly or yearly, in advance; unless otherwise mutually agreed upon in an order form, or within an individual written agreement between both parties.
CloudGamut shall provide the user with an electronic invoice.
If the user cannot make the payment on the agreed date, CloudGamut reserves the right to temporarily deny access to the user's account, and to discontinue the services. CloudGamut is entitled to demand reimbursement of all costs and expenses arising from the delayed payment of a user (e.g. fees for charge backs, collection expenses).
AVAILABILITY OF SERVICES
If the unavailability of services, or of a single service is based on intent or gross negligence on parts of CloudGamut, or of one of CloudGamut's agents; CloudGamut cannot refer to the compliance to availability commitments according to section 3.6.
CloudGamut is not responsible for nonconformity with the availability commitments according to section 3.6, if the inaccessibility is based on; force majeure, technical problems on parts of third parties that are not agents of CloudGamut, or due to an illegal attack on CloudGamut, or one of CloudGamut's commissioned service providers.
CloudGamut shall be liable without limitation to pay compensation for violation of contractual and non-contractual obligations, only in case of intent or gross negligence.
CloudGamut shall only be held liable for cases involving the intent and gross negligence of non-executive agents, if such agents have violated essential contractual obligations.
CloudGamut shall not be liable for breaches of nonessential contractual obligations through simple negligence by its management bodies, executive officers, employees, or other agents.
Essential obligations are obligations, that are essential for the due, and proper implementation and fulfilment of the contract, and with those contract partners can reasonably and regularly rely on.
In case of infringements of important contractual obligations, the liability shall be limited to the foreseeable loss for such type of contract.
The above limitations of liability do not apply to CloudGamut's liability with regards to; intent or gross negligence, guaranteed quality features, injury to life, body or health, or product liability laws.
CloudGamut creates anonymized user statistics for user-oriented design of services, error detection, and marketing purposes. The user statistics do not contain any personal data of the user, or related data from the user's databases. The user has the right to object the anonymized analysis of his user behavior in written form, with effect for the future. Such objection shall be sent to support@CloudGamut.com.
CloudGamut is obliged to automatically delete any personal data of the user at latest 30 days after expiration of the contract unless there are legal storage periods in individual cases.
CloudGamut's employees are not authorized to make any verbal agreements with the user, which are not conform to these Terms of Service Agreement.
If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective regulation, an effective regulation whose economic purpose is as close as possible to the parties, shall apply.
To the extent that the user is a merchant, a legal entity under public law or a public special asset; Indian court is the place of jurisdiction for all disputes arising from contractual relationships between the user and CloudGamut.