Privacy Policy

1. Introduction

1.1 These Terms and Conditions (“Terms”) govern the relationship between  (“Cloudnotics which is child company of Webnotics Pvt Ltd”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”) with respect to your use of our website, hosting services, and any associated products, services, or tools (collectively, “Services”).

1.2 By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Account Registration

2.1 To access our Services, you may be required to create an account. You must provide accurate, complete, and up-to-date information when creating your account.

2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach.

3. Service Terms and Billing

3.1 Our Services are provided on a subscription basis. The subscription period and associated fees are specified during the account registration process.

3.2 All fees are payable in advance, are non-refundable, and will be charged to your preferred payment method on the billing cycle chosen by you.

3.3 We reserve the right to change our fees and billing practices at any time, with a 30-day notice to you.

4. Acceptable Use Policy

4.1 You agree to use our Services only for lawful purposes and in accordance with these Terms and any applicable laws and regulations.

4.2 You may not use our Services to:

a) Engage in any activities that violate any applicable laws, regulations, or third-party rights;
b) Transmit, store, or distribute any material that is defamatory, obscene, or harmful to minors;
c) Promote or engage in any form of discrimination or harassment;
d) Distribute or transmit any viruses, malware, or other malicious code;
e) Engage in any activities that may disrupt, interfere with, or negatively affect the operation or security of our Services, network, or servers.

5. Suspension and Termination

5.1 We reserve the right to suspend or terminate your access to our Services if you breach these Terms or if we reasonably believe that your actions may cause harm or liability to us, our other customers, or any third party.

5.2 We may also suspend or terminate your access to our Services for non-payment of fees, upon giving you a 5-day notice and an opportunity to cure the default.

6. Intellectual Property

6.1 You acknowledge that all intellectual property rights in our Services, including any trademarks, logos, or other proprietary information, are owned by us or our licensors. You may not use, copy, modify, distribute, or create derivative works based on our Services without our prior written consent.

7. Limitation of Liability

7.1 In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services, whether based on contract, tort, or any other legal theory.

7.2 Our total liability to you for any claims arising out of or in connection with your use of our Services shall not exceed the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

8. Indemnification

8.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs,

arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement or violation of any third-party rights.

9. Modifications to Terms

9.1 We reserve the right to modify these Terms at any time. We will provide you with a notice of such changes by email, through our website, or via your account. Your continued use of our Services after the effective date of the changes constitutes your acceptance of the modified Terms.

10. Privacy Policy

10.1 Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information when you use our Services. By using our Services, you acknowledge and agree to the terms of our Privacy Policy.

11. Governing Law and Dispute Resolution

11.1 These Terms and your use of our Services shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

11.2 Any disputes arising out of or relating to these Terms or your use of our Services shall be resolved through good-faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of Court of Law, India. The arbitration shall be conducted in Firozabad, UP. and the language of the arbitration shall be English.

12. Miscellaneous

12.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12.2 Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

12.3 These Terms, together with any other documents incorporated by reference, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral.

12.4 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

12.5 Any notices or communications under these Terms shall be in writing and shall be deemed delivered upon receipt when sent by email to the address you provided during account registration or to the email address we provided to you on our website or in connection with our Services.

13. Force Majeure

13.1 Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Customer Support

14.1 If you have any questions, concerns, or issues related to our Services, please contact our customer support team through the contact information provided on our website.

15. Third-Party Services

15.1 Our Services may include links to third-party websites, services, or resources. We do not control or endorse such third-party services and are not responsible for their availability, content, or any associated risks or damages. Your use of any third-party services is at your own risk and subject to the terms and conditions of such services.

16. Backups

16.1 You are responsible for maintaining your own backups of your data. We are not responsible for any loss or corruption of your data, and we cannot guarantee that your data will be recoverable in the event of data loss.

17. Service Level Agreement (SLA)

17.1 We strive to provide high-quality Services to our customers, and we may offer a Service Level Agreement (SLA) that outlines the performance and availability standards for our Services. Any applicable SLA will be made available to you on our website or upon request.

18. No Warranty

18.1 Our Services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that our Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, and we make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content provided through our Services.

19. Compliance with Export Laws

19.1 You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to, the United States Export Administration Regulations and any applicable economic sanctions programs. You warrant that you are not a prohibited party under applicable export control laws and that you will not use our Services to export or re-export any information, software, or technology in violation of these laws.

20. Entire Agreement

20.1 These Terms, along with any other documents incorporated by reference, represent the entire agreement between you and us concerning the subject matter herein and supersede all prior or contemporaneous understandings, agreements, negotiations, representations or warranties, whether oral or written. No amendment or modification to these Terms shall be binding unless in writing and signed by both parties.

21. Severability

21.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the parties.

22. Relationship of the Parties

22.1 Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and us. You have no authority to bind us in any manner, and you shall not hold yourself out as having such authority.

23. Headings

23.1 The headings in these Terms are for reference purposes only and shall not affect the interpretation or construction of these Terms.

24. Waiver

24.1 No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Survival

25.1 Any provision of these Terms that by its nature should survive the termination or expiration of your account or these Terms shall continue in full force and effect, including, but not limited to, Sections 6 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), 11 (Governing Law and Dispute Resolution), and 20 (Entire Agreement).

26. Interpretation

26.1 In the event of any conflict or inconsistency between these Terms and any other document or communication relating to our Services, these Terms shall prevail unless expressly stated otherwise in writing.

27. Notices

27.1 All notices required or permitted to be given under these Terms shall be in writing and shall be deemed duly given if sent by email, registered or certified mail, or by a nationally recognized overnight courier service, postage prepaid and return receipt requested, to the addresses set forth during the account registration process, or to such other address as either party may designate by notice to the other in accordance with this Section.

28. Language

28.1 These Terms have been drafted in English, and the English version shall be the governing version in case of any conflict or discrepancy with any translated version.

29. Contact Information

29.1 If you have any questions or concerns about these Terms or our Services, please contact us at support@cloudnotics.com.

30. Assignment

30.1 You may not assign or transfer your rights, obligations, or interests under these Terms without our prior written consent. Any attempted assignment or transfer without such consent will be null and void. We may assign or transfer our rights, obligations, or interests under these Terms without restriction and without notice to you.

31. Third-Party Beneficiaries

31.1 Except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Nothing in these Terms is intended to confer on any third party any rights, benefits, or remedies of any kind or nature whatsoever.

32. Counterparts

32.1 These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The exchange of copies of these Terms and of signature pages by electronic means, such as email or facsimile, shall constitute effective execution and delivery of these Terms as to the parties and may be used in lieu of the original Terms for all purposes.

33. Electronic Communications

33.1 By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account, information concerning or related to our Services, and promotional offers. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

34. Customer Feedback

34.1 We appreciate and value your feedback about our Services. By submitting feedback, suggestions, or ideas to us, you grant us the right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute your feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

35. International Use

35.1 Our Services are controlled and operated from India. We make no representation that our Services are appropriate or available for use in other locations. If you access or use our Services from outside India, you do so at your own risk and are responsible for compliance with local laws, rules, and regulations.

36. Time Limitation for Claims

36.1 You agree that any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

37. Injunctive Relief

37.1 You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

38. No Class Actions

38.1 You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding. You further agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, representative, or collective proceeding.

39. Confidentiality

39.1 During your use of our Services, you may have access to our confidential information, including but not limited to, trade secrets, proprietary information, and other confidential information related to our Services. You agree to maintain the confidentiality of such information and not to disclose or use it for any purpose other than for the proper use of our Services, in accordance with these Terms.

40. Publicity

40.1 You agree that we may use your name, logo, and a general description of your relationship with us for our marketing and promotional purposes, including on our website, in press releases, or in other public communications, without any additional consent or compensation.

41. Support and Maintenance

41.1 We may provide support and maintenance services for our Services, as described on our website or as otherwise agreed upon by the parties in writing. Any such support and maintenance services shall be subject to these Terms and any additional terms and conditions specified on our website or in the applicable written agreement.

42. Security

42.1 We take the security of our Services seriously and implement reasonable measures to help protect your data. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of your data.

43. Beta Services

43.1 From time to time, we may offer new or updated Services on a “beta” or “test” basis (“Beta Services”). You understand and agree that your use of Beta Services is at your own risk and that Beta Services may contain bugs, errors, or other issues that could cause system or other failures and data loss. We disclaim any warranties or liability for any harm or damages resulting from your use of Beta Services.

44. Promotions and Discounts

44.1 We may, at our discretion, offer promotions, discounts, or special offers from time to time. Any such promotions, discounts, or special offers will be subject to these Terms and any additional terms and conditions specified by us. We reserve the right to modify, suspend, or terminate any promotions, discounts, or special offers at any time without prior notice.

45. Referral Program

45.1 We may offer a referral program through which you can earn rewards or incentives for referring new customers to our Services. Participation in the referral program will be subject to these Terms and any additional terms and conditions specified by us. We reserve the right to modify, suspend, or terminate the referral program at any time without prior notice.

46. Changes to Services

46.1 We reserve the right to modify, update, or discontinue our Services, or any features or functionality thereof, at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, update, or discontinuation of our Services, or any features or functionality thereof.

47. DMCA Policy

47.1 We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please follow the procedure outlined in our Digital Millennium Copyright Act (DMCA) Policy, which can be found on our website.

48. Children’s Privacy

48.1 Our Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information and terminate the child’s account.

49. Non-Solicitation

49.1 During the term of your relationship with us and for a period of one (1) year thereafter, you agree not to solicit, directly or indirectly, the employment or services of any of our employees or contractors, or induce or attempt to induce any such employees or contractors to terminate their employment or contractual relationship with us.

50. Amendments

50.1 We reserve the right, at our sole discretion, to amend these Terms at any time by posting the amended terms on our website or by providing you with notice in accordance with the “Notices” section above. You are responsible for regularly reviewing these Terms to stay informed of any changes. Your continued use of our Services following the posting or receipt of such amended terms constitutes your acceptance of the amended Terms.

51. Currency and Payment

51.1 All fees and charges payable for our Services are in the currency specified on our website or in your account settings. You are responsible for any currency conversion fees or other charges associated with your payment method.

52. Taxes

52.1 You are responsible for all taxes, levies, or duties imposed by taxing authorities related to your purchase or use of our Services, excluding any taxes based on our net income. If we are required to collect or pay any taxes related to your purchase or use of our Services, such taxes will be added to your invoice or billed separately, as applicable.

53. Subcontractors

53.1 We may use subcontractors to perform any of our obligations under these Terms. We will remain responsible for the performance of our subcontractors and their compliance with these Terms.

54. No Partnership

54.1 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorize either party to make or enter into any commitments for or on behalf of the other party.

55. Rights and Remedies

55.1 Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

56. No Reliance

56.1 You acknowledge and agree that, in entering into these Terms, you have not relied on any statement, representation, assurance, or warranty (whether made negligently or innocently) other than those expressly set out in these Terms.

57. Conflicting Terms

57.1 If there is an inconsistency between any of the provisions in the main body of these Terms and any other document incorporated by reference, the provisions in the main body of these Terms shall prevail.

58. Interpretation

58.1 In these Terms, unless the context otherwise requires, words in the singular shall include the plural and vice versa, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and a reference to writing or written includes faxes and email.

59. Equitable Relief

59.1 You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms may cause us irreparable damage, for which the award of damages would not be an adequate remedy. Consequently, we may seek an injunction to prevent you from taking any and all acts in violation of those provisions.

60. Monitoring and Enforcement

60.1 We reserve the right, but have no obligation, to monitor your use of our Services and to investigate and take appropriate legal action against you in our sole discretion if you violate these Terms, including without limitation, removing or modifying any content, terminating your account, or reporting you to law enforcement authorities.

61. Data Protection

61.1 We are committed to protecting your personal data and ensuring compliance with all applicable data protection laws and regulations. By using our Services, you agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy, which is available on our website and incorporated herein by reference.

62. Dispute Resolution and Arbitration

62.1 If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting our customer support. If the parties are unable to resolve the dispute through good faith negotiations, either party may submit the dispute to binding arbitration in accordance with the rules and procedures of the [Applicable Arbitration Organization] then in effect. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

63. Governing Law

63.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Firozabad District court, without regard to its conflict of law provisions.

64. Venue

64.1 Subject to the arbitration provisions above, you and we agree that any legal action or proceeding relating to these Terms or our Services shall be brought exclusively in the courts located in Firozabad District Court. You and we hereby irrevocably consent to the jurisdiction of such courts and waive any objection to the laying of venue in such courts.

65. Statute of Limitations

65.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

66. Force Majeure

66.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay.

67. Compliance with Laws

67.1 You agree to comply with all applicable laws, rules, and regulations in connection with your use of our Services, including, without limitation, export control laws and regulations, privacy laws, and intellectual property laws.

68. U.S. Government Users

68.1 Our Services are provided as “commercial items,” as defined at 48 C.F.R. 2.101, and are subject to the Federal Acquisition Regulation (“FAR”) and Defense Federal Acquisition Regulation Supplement (“DFARS”) as applicable. If you are a U.S. Government user, you acknowledge that our Services are provided with only those rights customarily provided to private users under these Terms, and that the use, duplication, or disclosure of our Services by the U.S. Government is subject to restrictions set forth in these Terms.

69. Export Control

69.1 You agree to comply with all applicable export control laws and regulations of the United States and any other applicable jurisdiction, including without limitation the U.S. Export Administration Regulations and International Traffic in Arms Regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country, and that you will not re-export, divert, or transfer our Services or any related technology to any prohibited person or entity.

70. Feedback

70.1 We welcome and encourage your feedback, comments, and suggestions for improvements to our Services. You may submit feedback by contacting us through our website or customer support. You acknowledge and agree that any feedback you provide to us will be the sole and exclusive property of Cloudnotics, and you hereby irrevocably assign to us all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein.