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TERMS AND CONDITIONS

Introduction 

These terms and conditions are subject to change. These terms and conditions are in addition to CREATE IT CLOUDCOCKPIT’s PRIVACY POLICY and CHANGE AND CANCELLATION TERMS. 

By placing an order with and/or using CREATE IT CLOUDCOCKPIT, you confirm that you are in agreement with and bound by the terms and conditions below. 

Acceptable Use of CLOUDCOCKPIT 

CLOUDCOCKPIT is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things: 

  • usethe Service for any unlawful purposes or for promotion of illegal activities;
  • postany Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; 
  • impersonateothers through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; 
  • publishor post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; 
  • sendunsolicited communications, promotions or advertisements, or spam;
  • publishor link to malicious content intended to damage or disrupt another user’sbrowser or computer or to compromise a user’s privacy; 
  • access, tamper with, or use non-public areas of the Service,CREATEIT’s computer systems, or the technical delivery systems of CREATE IT’s providers; 
  • probe, scan, or test the vulnerability of any system or networkor breach or circumvent any security or authentication measures;
  • accessor search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • forgeany TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; 
  • interferewith, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content. 

We may investigate and/or suspend your account or subscription if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account or subscription without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service. 

Acceptable use policy 

It is your responsibility at all times to: 

Use our service and services in a manner which does not violate any applicable laws or regulations; 

Respect the legal protection afforded by copyright, trademarkslicense rights and other laws to materials accessible via our service. 

Respect the privacy of others 

Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; 

and 

Refrain from acts that waste resources or prevent other users from receiving the full benefit of our service; 

Ensure your use of our service remains ethical and in accordance with accepted community standards; 

You must at all times comply with law. You will be in breach of this policy on violation of local law or international laws. 

It is not acceptable to use our service to: 

  • Violate copyright or other intellectual property rights;
  • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
  • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
  • Misrepresent or defame others;
  • Commitf raud;
  • Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
  • Damage, modify or destroy the files, data, passwords, devices or resources of the Service, other users or third parties;
  • Engage in misleading or deceptive on-line marketing practices;
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  • Make an unauthorized transmission of confidential information or material protected by trade secrets;
  • Spam" or engage in "spamming" activities
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material; 
  • Post or transmit defamatory, harassing, abusive or threatening language;
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  • Facilitating a violation of this Acceptable Use Policy;
  • Perform any other action through utilization of any service which we deem unsatisfactory;
  • Attempt to do any of the above.

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of Service. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions. 

CREATE IT CLOUDCOCKPIT'S Property, Copyrights and Feedback 

All right, title, and interest in and to the CREATE IT CLOUDCOCKPIT (excluding Content provided by users) are and will remain the exclusive property of CREATE IT. The CREATE IT CLOUDCOCKPIT is protected by copyright, trademark, and other laws of both Portugal and foreign countries. Nothing in the Terms gives you a right to use the CREATE IT CLOUDCOCKPIT name or any of the CREATE IT trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CREATE IT CLOUDCOCKPIT, is entirely voluntary and we will be free to use such feedback, comments or suggestions, as well as your logo and company name as we see fit and without any obligation to you. 

Liability and indemnity 

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied. 

You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees. 

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATE IT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CREATE IT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATE IT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CREATE IT, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS. 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CREATE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY FULLY PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRIES TO COUNTRIES. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

Governing Law 

THE AGREEMENT AND SERVICES WILL BE GOVERNED BY PORTUGUESE AND EUROPEAN UNION LAWS. 

Miscellaneous 

Quoted times for account and subscription activation are estimates and we do not guarantee or imply activation within the quoted time frame. 

We may delay or refuse activation if: 

  • Payment is not cleared or received in full; 
  • We believe the order, information or payment is fraudulent; 
  • You have any funds outstanding with relation to any other account or subscription; 
  • You might be proposed for use that voids our Acceptable Use policy; 
  • There is any other reason which we deem satisfactory. 

We may send notification of the Service activation however: 

Your contact details must be correct and up to date. 

This is not final word that your CREATE IT CLOUDCOCKPIT is fully active and ready for use, you must ensure that your “Device” is fully functional. 

You release us of any claim arising from failed hosting or internet connectivity, whether at fault of our system, our staff or any other factor out of our reasonable control. 

We may use anonymized aggregated data to provide additional functionality and analytics.  

CHANGE and CANCELLATION TERMS

Introduction 

Changes to your subscription limits before the end of its billing cycle will be calculated in full days (including the day you execute the change) until the next billing cycle. 

All cancellations must be received in writing as per the deadlines indicated. 

Regular mail and e-mail notifications are acceptable if received by CREATE IT before the deadlines indicated. Phone requests will not constitute acceptance of any cancellation. 

Contact us at least 30 days before the renewal date to request non-renewal, cancellation and any contract length changes. This will avoid double work for the renewal billing department and less confusion for you. Please note that contract length changes cannot be processed after the renewal date has passed. 

If you know in advance you do not want to renew, you can e-mail us anytime and the cancellation department can disable the automatic renewal state for your subscription, resulting in your subscription not being automatically renewed on renewal date. 

You should not use CREATE IT CLOUDCOCKPIT in activities that: 

  • May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;  
  • May create a risk of any other loss or damage to any person or property; 
  • Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • May constitute or contribute to a crime or tort;
  • Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; 
  • Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets).
Termination and Fair Use Policy 

CREATE IT CLOUDCOCKPIT may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network and storage resources and to take such technical and other remedies as we deem appropriate. Your consumption of CREATE IT CLOUDCOCKPIT may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of CREATE IT CLOUDCOCKPIT customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan that will permit you to continue to use the Service. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use CREATE IT CLOUDCOCKPIT and any license to use CREATE IT software, without prior notice in the event of a violation of this policy. 

Changing or Deleting Your Information 

If you login into the service by using a Microsoft Account registered user, you may review, update, correct or delete the Personal Information provided in your Microsoft Account registration. For questions about your Microsoft Account, please see http://windows.microsoft.com/en-US/windows-live/sign-in-what-is-microsoft-account and http://windows.microsoft.com/en-us/windows-live/microsoft-services-agreement. 

You expressly release CREATE IT from any responsibility with relation to your Microsoft account Personal Information. 

Data Retention 

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our server’s files that you have in common with other users. 

Billing Issues 

You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or Credit Card Company or other billing company. Send such notification to our support team by email to cloudcockpit@create.pt. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.  

Disclaimers 

THE CREATE IT CLOUDCOCKPIT IS PROVIDED "AS IS." FULLY PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CAVEDIGITAL NOR CUSTOMER MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. CREATE IT MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION IN OR FROM AN END USER OR CUSTOMER SERVICES ACCOUNT. 

CREATE IT is not responsible for the accuracy, completeness, appropriateness, or legality of files, or any other information in or from an End User or Customer Services account. CREATE IT has no responsibility or liability for the deletion or failure to store any information in or from an End User or Customer Services account. 

Loss of service  

We will endeavor to maintain the Service in a satisfactory level, however: 

We may from time to time perform routine maintenance, service and upgrades. We will endeavor to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. 

We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc.), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by CREATE IT CLOUDCOCKPIT, our suppliers or any third party. 

We may, at our discretion provide notification of outages whether planned or unplanned. 

You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party. 

Suspension and cancellation 

We reserve the right to suspend/cancel any/all service if: 

You have any outstanding invoice or account; 

Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination; 

You fail to comply with any provision in this agreement or those referenced in this agreement; 

There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights; 

If suspension does take place, we do not charge reconnection or suspension fees, however we will not activate the account again until payment or a payment arrangement has been approved and received. 

You agree to defend, indemnify, and hold us harmless against liabilities arising out of: 

  • Any injury to person or property caused by any decisions taken in CREATE IT CLOUDCOCKPIT; 
  • Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; 
  • Any breach of any representation or warranty provided herein; 
  • Any negligence or willful misconduct by you; 
  • Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets; 
  • Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify CREATE IT CLOUDCOCKPIT. Failure to provide such confirmation may be considered a breach of this agreement. 

We cannot be held responsible for any damages your business/operation may suffer. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by the Service, our employees or our suppliers. 

Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force. 

Term and termination 

You may terminate a Subscription at any time during its Term, however no refunds will be provided. 

1)       Subscription Term and termination: 

If you terminate a Subscription at any other time during the Term, you must pay for the terminated portion of the Subscription as set forth in the pricing and related terms on the Portal for your Subscription. 

2)       Customer Data return and deletion: 

You may extract and/or delete Customer Data at any time. When a Subscription expires or terminates, we will retain any Customer Data you have not deleted for at least 90 days so that you may extract it, except for free trials, where we may delete Customer Data immediately without any retention period. You remain responsible for all storage and other applicable charges during this retention period. Following the expiration of this retention period, we will delete all Customer Data, including any cached or back-up copies, within 30 days of the end of the retention period. You agree that we have no additional obligation to continue to hold, export or return Customer Data and that we have no liability whatsoever for deletion of Customer Data pursuant to these terms. 

3)       Regulatory: 

In any country where any current or future government regulation or requirement applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this agreement or the Services may conflict with any such regulation or requirement, we may change the Services or terminate the agreement. 

4)       Suspension: 

We may suspend your use of the Services if: (a) reasonably needed to prevent unauthorized access to Customer Data; (b) you fail to respond to a claim of alleged law infringement within a reasonable time; (3); or if you do not abide by the Acceptable Use Policy or violate other terms of this agreement. A suspension will apply to the minimum necessary part of the Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period. 

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