Terms of Use

Last updated 9th July 2012

Use of the cloud.IQ products

Firstly and before going any further it is really important for you to understand that we do not allow our products to be used on or in connection with any adult or illegal content nor any scams, phishing exercises nor the distribution and creation of spam mail. We actively manage and police the use of our products and reserve the right to cancel your cloud.IQ account and subscription if we discover or suspect that you have breached this fundamental user restriction.

You may use our products in line with these terms and what is permitted by law and any specific payment or subscription terms laid out when you purchase one of our Products. You may use our Products for the purpose of collating and processing data and customer information for your normal business purposes and not for any other use.

Using our products does not allow you to change the look of the products nor modify or adapt them in any way other than as possible using the tools on our website. You do not have ownership of any intellectual right in any product and any of our content which you use remains our property.

Accessing our products

To access our products, you will need a cloud.IQ account. Once you have signed up to cloud.IQ we will deliver you log in and password details to enable you to access and operate your account. You will then be able, within your account, to subscribe to the products you require.

The cloud.IQ service

To access our products, you will need a cloud.IQ account. Once you have signed up to cloud.IQ we will deliver you log in and password details to enable you to access and operate your account. You will then be able, within your account, to subscribe to the products you require.

Our products make innovative use of a variety of platforms - web, sms, voice and email - and you understand that these platforms rely on other companies and their technology and we therefore can't promise that using the products won't be uninterrupted, timely, secure, or error-free at all times. However we endeavour to ensure as best we can that any disruption to the use of our products is kept to an absolute minimum.

It is important that you understand that you use our products at your risk and we are not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, miss or non-delivery of information, access problems, bugs or other errors.

If you notify us of any problem or fault in a product and it isn't due to you misusing the product in contravention we will work with you to rectify the problem as quickly as we can. Any material or data obtained through the use of our products is done at your own discretion and risk and that you will be solely responsible for any breaches of any applicable law, statute, bye-law or legislation whatsoever.

Copyright and cloud.IQ intellectual property

You understand that we own all intellectual property rights in the products throughout the world and we only licence any rights in the products. You have no right to have access to the source code for the products.

If any claim is made against you, that any product infringes the intellectual property rights of a third party, you must immediately notify us. We may at our option and expense procure the right for you to continue using the products in question in accordance with these terms or modify or replace the product(s) so that it ceases to be infringing or terminate the subscription to the products in question immediately by notice in writing to you and refund such proportion of the licence fee previously paid and relating to any part of the licence period yet to be fulfilled.

Content

Some of our products allow you and rely on you to submit content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload or otherwise submit content to our products (for example to send emails, sms or build a mobile website), you give cloud.IQ (and anyone we work with) a worldwide right (a license) to store, reproduce, modify (if needed), and distribute such content. The rights you grant cloud.IQ are for the limited purpose of operating our products. Some of our products offer you ways to access and remove your content as you wish. Please make sure you have the necessary rights to grant us this license for any content that you submit to our products.

You can find more information about how cloud.IQ uses and stores content in our privacy policy or additional terms for particular products. If you submit feedback or suggestions about our products, we may use your feedback or suggestions without obligation to you.

Responsibility

You take responsibility for using our products correctly so please make sure you take the time to learn how to use them. We aim to make our products simple, effective and as clear to use as possible and we cannot take responsibility for any direct or indirect damages e.g. loss of profits, goodwill or data. Our aggregate liability for any claims relating to our products shall not exceed the amount you paid to us for the past month for the particular product in question.

Events outside of cloud.IQ's control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control e.g. strikes, civil commotion, riot, fire, explosion, storm, flood, earthquake, impossibility of the use of public or private telecommunications networks, the acts, legislation or restrictions of any government.

The agreement between us

These terms are binding on you and us. If you are acting on behalf of a company either as an employee, as agent or a consultant then both you and the company you are acting for are bound by these terms when using our products. We may transfer or assign our rights or obligations under these terms however you can't transfer or assign, your rights without our written consent. All notices given by you to us must be via e-mail. We will give notice to you by email.

These Terms and any document expressly referred to in them are the whole agreement between us and supersedes any other statements or information which may has passed between us relating to the Products and we each acknowledge this. Each of us agrees that the only rights and remedies available to us arising out of or in connection with any statements shall be for breach of contract as provided in these Terms but nothing in this clause shall limit or exclude any liability for fraud. If any of these terms are found by law to be invalid, unlawful or unenforceable such term, will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

English law

We are an English company and these terms, shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.