Terms of Service

Effective from 14 June 2021

The following terms and conditions govern all use of the Qlickcloud website and all content, services, and products available at or through the website, including, but not limited to, Qlickcloud ("Qlickcloud"), Purchase of domains, extra storage, SSL Certificates (our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Qlickcloud's Privacy Policy) and procedures that may be published from time to time by Qlickcloud (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Qlickcloud ("Qlickcloud" or "we").

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Qlickcloud, acceptance is expressly limited to these terms.

1. Eligibility & Registration

1.1 Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

1.2 Use of our Services requires a Qlickcloud account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

1.3 Qlickcloud will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your Account secure.

2. Support

Qlickcloud doesn't supply support for the applications in the app store. Support for an application from the apps store is provided by the public forum and documenation of that project. The links can be found on the Qlickcloud documenation page. Support for Qlickcloud services is provided via email. Qlickcloud provides support on a "best effort" basis.

3. Qlickcloud Account

You are responsible for maintaining the security of your account and Qlickcloud, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Qlickcloud. Qlickcloud will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Qlickcloud Content

If you operate a Qlickcloud server, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. It's your responsibility to ensure that Content on your servers abides by applicable laws and by these Terms. We don't actively review the Content on your servers.

5. Prohibited Uses

When using Qlickcloud, you agree not to:

• Publish or store material or engage in activity that is illegal under applicable law.
• Use Qlickcloud to overburden Qlickcloud's systems, as determined by us in our sole discretion.
• Disclose the sensitive personal information of others.
• Send spam or bulk unsolicited messages.
• Interfere with, disrupt, or attack any service or network.
• Distribute material that is or enables malware, spyware, adware, or other malicious code.
• Reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.
• Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

6. Access and Ownership

6.1 If you lose access to your Qlickcloud account, you may not be able to install or remove your apps. Your Qlickcloud and current Apps will continue to run.

6.2 These Terms don't give us any rights in your Qlickcloud Content, beyond those we need to operate Qlickcloud. You own your Qlickcloud Content.

7. Payment and Renewal

7.1 Qlickcloud offers different levels of service. By signing up for a particular level of service, you agree to pay Qlickcloud the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run Qlickcloud, your subscription will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then- applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your Qlickcloud plan, which may result in Content loss.

7.2 Optional paid services such as extra storage or domain purchases are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Qlickcloud the monthly or annual subscription fees indicated for that service. Payments will be charged on a post-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

7.3 Automatic Renewal. Unless you notify Qlickcloud before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then- applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of our website's dashboard.

8. Responsibility of Qlickcloud Visitors

Qlickcloud has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Qlickcloud does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Qlickcloud disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

9. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Qlickcloud and user's Qlickcloud links, and that link to Qlickcloud. Qlickcloud does not have any control over those non-Qlickcloud websites, and is not responsible for their contents or their use. By linking to a non-Qlickcloud website, Qlickcloud does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Qlickcloud disclaims any responsibility for any harm resulting from your use of non-Qlickcloud websites and webpages.

10. Copyright Infringement and DMCA Policy

As Qlickcloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Qlickcloud violates your copyright, you are encouraged to notify us accordance with Qlickcloud's Digital Millennium Copyright Act (“DMCA”) Policy. Qlickcloud will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Qlickcloud will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Qlickcloud or others. In the case of such termination, Qlickcloud will have no obligation to provide a refund of any amounts previously paid to Qlickcloud.

11. Intellectual Property

This Agreement does not transfer from Qlickcloud to you, any Qlickcloud or any third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Qlickcloud. Your use of our Services grants you no right or license to reproduce or otherwise use any Qlickcloud or third-party trademarks.

12. Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that Qlickcloud may include such Subscriber's name and trademarks in a list of Qlickcloud Subscriber, online or in promotional materials. Each Subscriber also agrees that Qlickcloud may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section by e-mailing a request to support@qlick.cloud

13. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

14. Termination

Qlickcloud may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Qlickcloud account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Disclaimer of Warranties

Our Services are provided "as is". Qlickcloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Qlickcloud nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.

16. Limitation of Liability

In no event will Qlickcloud, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Qlickcloud under this agreement during the twelve (12) month period prior to the cause of action. Qlickcloud shall have no liability for any failure or delay. The foregoing shall not apply to the extent prohibited by applicable law.

17. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Qlickcloud Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

18. Indemnification

You agree to indemnify and hold harmless Qlickcloud, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

19. Disputes, Applicable Law, Notices

19.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed by material Dutch law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

19.2 The parties agree that the courts of the seat of Qlickcloud shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, and so far this is permitted by law.

19.3 Notices made by Qlickcloud to the customer may be posted on the Website and/or send to the email address specified by the customer when registering or to any updated email address the customer provides. Notices to Qlickcloud must be directed to legal@qlick.cloud

19.4 The official text of this Agreement and any annexes attached here to and any notices given here shall be in English. However communication between Qlickcloud and the customer may be in English or Dutch.

20. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

21. Final provisions

21.1 This agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.

21.2 The customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However Qlickcloud may transfer this Agreement with all rights and obligations to a company of its choice.

This document is an adaptation of the WordPress Terms of Service. The original work has been modified. Wordpress is not connected with and does not sponsor or endorse Qlickcloud or its use of the work.