Terms of Service

Introduction

The Cloudback Terms of Service are between MYRTLELABS S.A.S. (former MYRTLE GROUP S.A.) (“we” or “Cloudback”) and the customer who orders the Cloudback services (“you” or “Customer”). By using the cloudback.it website or any services described on the cloudback.it website (collectively, “Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Violation of any of the terms below will result in the termination of your Account. Cloudback prohibits certain conduct on the Service as described below. You understand and agree that Cloudback cannot be responsible for conduct or activity on the Service or for “Content” transmitted, posted, or stored using the Service. You agree to use the Service at your own risk. For the purposes of this agreement “Content” means information, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images to which you may have access as part of, or through your use of, the Service.

Account Terms

• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

• You must be 16 years or older to use this Service.

• You must use a valid GitHub account in order to complete the signup process.

• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you need.

• You are responsible for maintaining the security of your GitHub account and password. Cloudback cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

All payments are processed by GitHub Marketplace. By using the Service you agree with GitHub Marketplace Terms of Service Downgrading your Service may cause the loss of features or capacity of your Account. Cloudback does not accept any liability for such loss.

GitHub Marketplace Plan Cancellation

You are solely responsible for properly canceling your plan. An email or phone request to cancel your plan is not considered cancellation. You can cancel your plan at any time at GitHub website. For more details visit Canceling a GitHub Marketplace app page in the Managing Billing for GitHub Marletplace app guide.

Cloudback Account Termination

You are solely responsible for properly terminating your account. An email or phone request to terminate your account is not considered termination. You can terminate your account by clicking on the Settings link in the user menu at the top right corner of the screen, and going into the Settings page. Under Account Settings, there is a ‘Delete my account’ button. Your error details and related account information will be deleted from the Service within 30 days of termination. This information can not be recovered once it is deleted. Be aware that account termination does not cancel your GitHub Marketplace plan. Cloudback, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Cloudback reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Cloudback reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Cloudback website or the Service itself. Cloudback shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. Cloudback does not pre-screen Content, but Cloudback and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Cloudback.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. By using Cloudback, your company accepts public disclosure of its integration with Cloudback via Cloudback’s marketing activities. If you want to opt out, please contact our marketing team at team@cloudback.it. You understand that Cloudback uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cloudback, or any other Cloudback service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cloudback. You may not access the Service for the purpose of bringing an intellectual property infringement claim against Cloudback or for the purpose of creating a product or service competitive with the Cloudback Service. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, destructive, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cloudback customer, employee, member, or officer will result in immediate account termination.

Cloudback does not warrant that:

• the service will meet your specific requirements,

• the service will be uninterrupted, timely, or error-free,

• the results that may be obtained from the use of the service will be accurate or reliable,

• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,

• any errors in the Service will be corrected.

You expressly understand and agree that Cloudback shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Cloudback has been advised of the possibility of such damages). If Cloudback, its affiliates, or any of the employees, agents, or suppliers of Cloudback (the “Cloudback Indemnitees”) are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet your obligations under the Terms of Service, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the Cloudback Indemnitees as a result of the claim. Your obligations under this Section include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to meet your security obligations in the Terms of Service, even if the acts or omissions of such persons were not authorized by you. Cloudback will choose legal counsel to defend the claim, provide that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. Cloudback may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as Cloudback incurs them. Neither of us will be in violation of these Terms of Service if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry. You may not assign these Terms of Service without Cloudback’s prior written consent. Cloudback may assign the Terms of Service in whole or in part to an affiliate with sufficient financial standing in order to meet its obligations under the Terms of Service or as part of a corporate reorganization or a sale of its business, and we may transfer your information as part of any such transaction. Cloudback reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the amended Terms of Service as follows: Amended Terms of Service will become effective the earlier of either your acceptance of the amended Terms of Service, your continued use of the Services after written notice of the amended Terms of Service, or thirty days after the date Cloudback posts such amended Terms of Service on the Cloudback website. In addition, if over time you sign multiple orders for a single account, then the Terms of Service incorporated in the latest order posted on the effective date of the latest order will govern the entire account. The failure of Cloudback to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cloudback and govern your use of the Service, superseding any prior agreements between you and Cloudback (including, but not limited to, any prior versions of the Terms of Service).

This document is effective as of 2020-07-16.

Contact Us

If you have any questions or suggestions about the Terms of Service, do not hesitate to contact us at support@cloudback.it.