You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by France, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Cloudiway®, Cloudiway logo, MigrationAsAService, MigrationAsAService logo, the names of individual services and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized
purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the
server on which the Website is stored, or any server, computer or database connected to the Website
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Personal Information and Privacy using the Services
Cancellations and Refunds
To the fullest extent permitted by applicable law, when a service is subscribed for a given period or purchased, you may discontinue the use of the Service, but no cancellation shall be effective until the end of the subscribed period and you will be charged the corresponding service fee, unless Cloudiway ways it at it sole discretion.
In any case, You may not communicate on any transaction related to the CLOUDIWAY Products, provide any testimonies relates to use of CLOUDIWAY products, without mentioning CLOUDIWAY as the developer and provider of the CLOUDIWAY Products.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the sign up process;
- and maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Company may terminate your user account and refuse current or future use of any or all of the Services.
Communications from Company related to Services
The Services may include certain communications from Company, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
- the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule, if the Website or Services are accessed or used from the United States of America or Canada, or
- the internal laws of France without giving effect to any choice or conflict of law provision or rule, in all other cases.
Subject to any contrary express provisions contained in an agreement entered into between an affiliate of the Company (such as Cloudiway LLC) and You, any legal suit, action or proceeding arising out of or related to this Agreement or the Services or other subject matter hereof, or any transactions contemplated hereby, shall be instituted exclusively:
- in the federal courts of the United States or the courts of the State of Florida in each case located in the city of Miami and County of Miami-Dade if the Website or Services are accessed or used from the United States of America or Canada, or,
- in the competent courts located in the city of Annecy for all other cases,
and, each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Service of process, summons, notice or other document by mail to such Party’s address set forth herein will be effective service of process for any suit, action or other proceeding brought in any such court.
Limitation on Time to File Claims
Waiver and Severability
Access to the website may not be legal by certain persons or in certain countries. if you access the website from outside the European Union or the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.
Your Comments and Concerns
In accordance to the law n°2004-575 on Confidence in the Digital Economy, this website is operated by:
SASU with a capital of €100 000
3 esplanade Aussedat
74960 Cran Gevrier
Tél : +33 450 12 67 13
3. EVALUATION LICENSE
The Company may allow the evaluation of its services to registered users (“Trial User’) during a limited 14 days evaluation period. There is no charge for such evaluation.
Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, Company hereby grants Trial User a personal, nonexclusive, nontransferable, non-sublicensable license to use the Migration Services solely for its evaluation, during the Evaluation Period (the “Evaluation License“).
No Technical Support.
Company has no obligation under this Evaluation License to provide any maintenance, support or other similar services. Trial User is solely responsible for taking appropriate measures to back up Trial User’s system and data and all other necessary measures to prevent any file or data loss.
Trial User shall not, and shall not permit others to access or use the Services. For purposes of clarity and without
limiting the generality of the foregoing, Trial User shall not:
- access or use the Services without having first provided the required user verification and access codes;
- copy, modify, correct, create, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services or related documentation;
- reverse engineer, disassemble, decompile, decode or adapt the software platform (“Platform”) or component part of the Services, or otherwise attempt to derive or gain access to the platform’s source code, in whole or in part or
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any
Services to any person, including on or in connection with the internet or any time-sharing, service bureau,
software as a service, cloud or other technology or service;
- bypass or breach any security device or protection used by the Services;
- input, upload, transmit or otherwise provide to or through the platform or Company systems, any information
or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
- damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the
Platform, Company systems Company’s provision of services to any third party, in whole or in part;
- remove, delete, alter or obscure any trademarks, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform or Services, including any copy thereof;
- access or use the platform, Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Law;
- access or use the Services or Documentation for purposes of competitive analysis of the Services or documentation, the development, provision or use of a competing software service or product or any other purpose that is to the Company’s detriment or commercial disadvantage; or
- access or use the Services or documentation in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage; or
- otherwise access or use the Services or documentation beyond the scope of the authorization granted under hereunder.
Sample files and Applications.
Company may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Company makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service.
Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
4. SUBSCRIPTION TO BETA SERVICE
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) not at the performance of a commercially available service offering, for the purpose of testing and evaluation and . You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You agree that The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Company will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF ANY BETA SERVICE REMAINS WITH YOU. We may supplement these terms by execution of a beta service agreement.
5. MIGRATION SERVICES
Description of Service
We provide an array of migration and Identity and Access Management (IAM) services including mail migration, File migration, Cloud Provisioning, SharePoint migration, password synchronization, Calendar Free Busy, Mail Routing. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
Fees and Payments
Typically, subscriptions to paid migration Services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you notify us in writing seven days before the then current term is due to expire, that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card, you agree to inform us in writing at least seven days prior to the renewal date.
Company reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Inactive User Accounts Policy
Unless specific arrangements have been agreed in writing between You and the Company, we reserve the right to terminate user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity.
In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
6. END USER LICENCE AGREEMENT
Upon the purchase of a Service made available by Cloudiway, the End User is granted access to such Service provided (i) the corresponding fees are paid and (ii) the End User agrees, including via a clickthrough agreement, to the following End user license embedded in the terms and conditions to be accepted:
“For the duration specified in any orders made on the Website, the End User is granted a non-exclusive, non-transferable and non-sublicensable license to use the Cloudiway software and solutions included in the Service, which allows the End User to have a non-commercial and personal or internal company use of the Service.
All intellectual property rights related to the software and solutions included in the Service belong to Cloudiway.
Except as expressly permitted by Cloudiway in writing, End Users shall not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit, post, frame, link or in any way exploit any part of the software and solutions included in the Service”.
7. SUPPORT SERVICES
Cloudiway provides free technical support by email during its business hours.
Cloudiway is committed to a quality of data migrated up to 99,9% and reserves the right to not deliver support beyond this percentage.
Cloudiway shall have no obligation to provide unlimited technical support and reserves the right to charge for additional support.