These terms govern the use of https://www.cloudm.io and https://portal.cloudm.io (each a Site, and together the Sites) by the individual or entity accessing them (you or your). . The Sites are operated by CloudM Software Limited (we, us, or our), a private limited company registered in England and Wales under company number 13337343, with its registered office at 3rd Floor, 1 Ashley Road, Altrincham, Cheshire WA14 2DT. You can contact us at legal@cloudm.io.
By using a Site, you confirm that you accept these terms and agree to comply with them. If you do not agree, you must stop using the Sites. We recommend that you save a copy of these terms for your records.
1. Definitions
The following definitions apply throughout these terms:
Contribution: any content, data, comment, message, image, link, or other material you upload, post, transmit, or otherwise make available on or through a Site, including through any Interactive Service;
Interactive Service: any feature on a Site that allows users to communicate with us, with each other, or with an automated system, including chat boxes, chatbots, comment functions, and similar features.
2. Other terms that apply
Our Privacy Notice and Cookie Policy also apply to your use of the Sites.
3. Changes to these terms and the Sites
3.1 We may update these terms from time to time. Each time you use a Site, please check these terms to ensure you understand the version that applies. The date at the top of these terms shows when they were last updated.
3.2 We may also update or change the Sites from time to time to reflect changes to our products, our users’ needs, and our business priorities.
4. Site availability
4.1 The Sites are made available free of charge. We do not guarantee that the Sites, or any content on them, will always be available or uninterrupted.
4.2 We may suspend, withdraw, or restrict the availability of all or any part of the Sites for business or operational reasons. Where reasonably practicable, we will give you notice of any suspension or withdrawal.
4.3 You are responsible for ensuring that any person accessing the Sites through your internet connection or under your account is aware of these terms and complies with them.
5. Account security
5.1 If you choose, or are provided with, a user identification code, password, or any other piece of security information, you must treat that information as confidential and must not disclose it to any third party.
5.2 We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we reasonably consider that you have failed to comply with these terms.
5.3 You must promptly notify us at legal@cloudm.io if you know or suspect that anyone other than you has access to your user identification code or password.
6. Acceptable use of the Sites
6.1 You may use the Sites only for lawful purposes. The rules in this clause 6 apply to all use of the Sites, including any Contribution and any input you submit into an Interactive Service. They must be complied with in spirit as well as to the letter, and apply to each part of any Contribution as well as to its whole.
6.2 You must not use the Sites:
a. in any way that breaches any applicable local, national, or international law or regulation, or that is unlawful or fraudulent (or has any unlawful or fraudulent purpose or effect);
b. to bully, insult, intimidate, harass, threaten, or humiliate any person, or to impersonate any person or misrepresent your identity, qualifications, or affiliation;
c. to send, or arrange the sending of, any unsolicited or unauthorised advertising, promotional, or marketing communications, or any other form of similar solicitation (spam);
d. to transmit any data or upload any material that contains viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware, ransomware, or any other harmful code or software;
e. to access without authority, interfere with, damage, or disrupt any part of a Site, any equipment or network on which a Site is stored, any software used in providing a Site, or any equipment, network, or software owned or used by any third party;
f. to launch, or assist in launching, any denial-of-service attack or distributed denial-of-service attack against a Site;
g. to probe, scan, or test the vulnerability of a Site, or to circumvent any authentication, security, or access control measure;
h. to reproduce, duplicate, copy, scrape, data-mine, or re-sell any part of a Site in breach of these terms; or
i. to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model using content from a Site, except with our prior written consent.
6.3 In addition, you must not upload, post, transmit, or otherwise contribute any material (whether as a Contribution or as input into an Interactive Service) that:
a. is defamatory, obscene, offensive, hateful, or inflammatory;
b. promotes violence, terrorism, self-harm, or any unlawful or criminal act, or contains sexually explicit material;
c. constitutes child sexual abuse material, or is otherwise harmful to children;
d. promotes discrimination based on race, sex, gender, gender reassignment, religion or belief, nationality, disability, sexual orientation, or age;
e. infringes any copyright, database right, trademark, or other intellectual property right of any person;
f. is likely to deceive any person, or breaches any legal duty owed to a third party (such as a contractual duty or duty of confidence);
g. invades another person’s privacy, or causes needless annoyance, inconvenience, or anxiety;
h. is in contempt of court, or contains any statement that you know or have reasonable grounds to believe will be understood as encouragement or inducement to commit, prepare, or instigate acts of terrorism;
i. gives the impression that it emanates from CloudM Software Limited or any of its group companies, where that is not the case; or
j. contains advertising, or promotes any service or web link to another site, except as expressly permitted by us.
6.4 Each Contribution must be accurate (where it states facts), genuinely held (where it states opinions), and comply with the law of England and Wales and the law of any other jurisdiction from which it is posted.
6.5 We will determine, acting reasonably, whether you have breached this clause 6.
6.6 Any breach of clauses 6.2(d) to (g) may constitute a criminal offence under the Computer Misuse Act 1990 or equivalent legislation. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities, including by disclosing your identity to them.
7. Interactive services
7.1 We may from time to time provide Interactive Services on the Sites, including chatbots, automated assistants, and live chat. Where we do so, we will provide reasonably clear information about the nature of the service, including whether and how it is moderated.
7.2 We are under no obligation to oversee, monitor, or moderate any Interactive Service, and we exclude liability for any loss or damage arising from use of any Interactive Service in breach of these terms, whether the service is moderated or not.
7.3 Where we do moderate an Interactive Service, we will normally provide a means of contacting the moderator if a concern or difficulty arises.
7.4 Communications you have with any chatbot or automated assistant are processed in accordance with our Privacy Notice. You should not submit confidential, sensitive, or special category personal data through any Interactive Service.
8. Reporting concerns
If you become aware of any Contribution or other material on a Site that you consider breaches these terms, please report it to us at legal@cloudm.io. We will assess each report on its merits and take such action (if any) as we consider appropriate.
9. Your Contributions and the rights you grant us
9.1 You retain ownership of, and remain responsible for, your Contributions. We do not claim ownership of any Contribution.
9.2 By making a Contribution, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Contribution in connection with the operation and promotion of the Sites and our services. This licence ends when you delete the Contribution from the Site, except to the extent that we have already used or shared the Contribution in good-faith reliance on the licence.
9.3 You warrant that each Contribution complies with these terms (including clause 6) and that you have all rights necessary to grant the licence in clause 9.2.
10. Our intellectual property
10.1 We are the owner or licensee of all intellectual property rights in the Sites and in the material published on them, including text, graphics, logos, brand names, images, designs, photographs, video, audio, and software. All such rights are reserved.
10.2 You may print one copy and download extracts of any page on a Site for your personal use, and you may draw the attention of others within your organisation to content on the Sites.
10.3 You must not modify any printed or digital copy of any material from a Site, and you must not use any illustration, photograph, video, audio, or graphic separately from any accompanying text.
10.4 Except as expressly permitted by clause 10.2, you must not use any materials on the Sites – including any logos, brand names, images, designs, photographs, video clips, written content, or any other materials embodying any copyright, trademark, service mark, trade dress, or other intellectual property right (whether registered or unregistered) owned, controlled, or licensed by us – without our prior written consent.
10.5 Our status (and that of any identified contributor) as the author of content on the Sites must always be acknowledged.
10.6 If you print, copy, download, or otherwise use any part of the Sites in breach of these terms, your right to use the Sites will end immediately and you must, at our option, return or destroy any copies you have made.
11. No reliance on information
11.21 Content on the Sites is provided for general information only. It is not intended as advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on the Sites.
11.2 Although we make reasonable efforts to keep the Sites up to date, we make no representation, warranty, or guarantee, whether express or implied, that content on the Sites is accurate, complete, or current.
12. Third-party links
Where a Site contains links to other sites or resources provided by third parties, those links are provided for information only. We have no control over, and accept no responsibility for, the content of those external sites or resources.
13. Linking to our Sites
13.1 You may link to our home page, provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it.
13.2 You must not establish a link in a way that suggests any form of association, approval, or endorsement by us where none exists.
13.3 You must not establish a link to a Site from any website that is not owned by you or that does not comply with these terms (including clause 6).
13.4 Our Sites must not be framed on any other site, and you may not link to any part of a Site other than the home page without our consent.
13.5 We reserve the right to withdraw linking permission at any time without notice.
13.6 If you wish to link to or use content on the Sites in any way other than as set out in this clause 13, please contact legal@cloudm.io.
14. How we use your personal information
We will use any personal information you provide through the Sites in accordance with our Privacy Notice.
15. Our liability to you
15.1 Whether you are a consumer or a business user: we do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
15.2 If you are a business user: we exclude all implied conditions, warranties, representations, and other terms that may apply to a Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, a Site, or use of or reliance on any content on a Site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
15.3 Different limitations and exclusions of liability apply to liability arising in connection with the supply of any product or service to you. Those are set out in the agreement we have entered into with you (including, where applicable, the End User Terms and the CloudM Solutions Acceptable Use Policy).
16. Breach of these terms
16.1 If we reasonably consider that you have breached these terms, we may take any action we consider appropriate, including:
a. issuing a warning to you;
b. the immediate, temporary, or permanent withdrawal of your right to use the Sites;
c. the immediate, temporary, or permanent removal of any Contribution uploaded by you;
d. legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
e. further legal action against you; and
f. disclosure of information to law enforcement authorities where we reasonably consider this necessary or where required by law.
16.2We exclude liability for action we take in response to a breach of these terms. The actions in clause 16.1 are not exhaustive, and we may take any other action we reasonably consider appropriate.
17. Transfer of these terms
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens, and we will ensure that the transfer does not adversely affect your rights under these terms.
18. Governing law and jurisdiction
18.1 If you are a business, these terms, their subject matter, and their formation (including any non-contractual disputes or claims) are governed by the law of England and Wales, and you and we agree to the exclusive jurisdiction of the courts of England and Wales.
18.2 If you are a consumer, these terms are governed by the law of England and Wales. You may bring a claim against us in the courts of the country in which you reside, and we may bring a claim against you in those courts. Nothing in this clause affects any right you have as a consumer to rely on mandatory provisions of the law of the country in which you reside.