Terms and Conditions Agreement

Cloud Academy, Inc., a QA Company Effective Date: April 2023 Welcome to the website of Cloud Academy ("Cloud Academy" "we," "us," or "our"). Please read these Terms of Use carefully before using the website (cloudacademy.com), and the Cloud Academy platform (the "Services"). By accessing the Services, you (the "User", or "you") acknowledge that you have read, understood, and agree (1) that your use of the Services is subject to these Terms of Use; (2) that you are above the age of majority and have the right, authority, and capacity to abide by these Terms of Use; and (3) to comply with all applicable laws and regulations concerning your access and use of the Services. If you do not agree to these Terms of Use, you must not use the Services.
  1. Who we are and how to contact usCloudacademy.com is a site operated by Cloud Academy, Inc. We are registered in North Carolina and our principal office is at 5214F Diamond Heights Blvd., 157, San Francisco CA, United States.We provide an online learning platform (the "Platform") for individuals and organisations. To contact us, please email support@cloudacademy.com
  2. Your access to the ServicesCloud Academy grants you a non-exclusive license to view the content accessed in connection with the Services, but only while accessing the Services. Except to the extent required for the limited purpose of reviewing material, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content provided as part of the Services for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.You agree that you are only authorized to visit, view, and retain a copy of content provided as part of the Services for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in these Terms of Use. You also agree not to deep-link to Services for any purpose, unless specifically authorized by Cloud Academy. Any right granted to you to access and use the Platform under the SaaS terms is subject to your compliance with these Terms of Use.
  3. Conditions of Access and UseYou must not misuse the Services. In particular, you must not:
    • use or access the Services for any fraudulent, unlawful, improper or illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
    • modify, adapt, or hack into the Services or modify another website so as to falsely imply that it is associated with the Services;
    • transmit or otherwise make available in connection with the Services or access to the Services any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
    • violate any laws in your jurisdiction (including but not limited to copyright laws);
    • use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot", "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Services.
    • use the Services or access to it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
    • interfere with or disrupt the operation of the Services or access to it;
    • restrict or inhibit the ability of any other person to access or use the Services;
    • modify, adapt or translate any portion of the Services;
    • remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Services;
    • copy, modify, adapt, translate or create derivative works of the Services or any information, content, material or data on the Services except as permitted by these Terms of Use;
    • monitor the Services or its availability, performance or functionality for any competitive purpose;
    • use any information obtained from the Services in violation of these Terms of Use.
    We may temporarily or permanently limit or restrict your access and use of the Services if we consider that:
    • you have breached, or we reasonably suspect you have breached, any provision of these Terms of Use; or
    • it is reasonably necessary from time to time in connection with any actual or perceived security threat to the Services.
  4. Your AccountWhere you register for an account on the Services, you must:
    1. provide accurate information to us and keep it updated;
    2. use your real name and contact details to set up your account;
    3. keep your user account password a secret and not share it with anyone;
    4. inform us as soon as possible if you believe your account credentials have been compromised;
    5. use the Services honestly and with integrity; and
    6. where your access is via your employer, be an authorised user as granted by your employer.
    Cloud Academy Intellectual Property We are the owner or the licensee of all intellectual property rights provided in connection with the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Your content As part of the Services, you may upload content, documents, information or other material to the Services ("Content"). When submitting Content you, and not us, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content. Unless otherwise agreed in writing, you grant us:
    1. a non-exclusive licence (including the right to sub licence third parties) to use the Content and other information as necessary to perform the Services and to allow you to access and use the Services and any features or services connected with the Services that you request from us from time to time; and
    2. permission to disclose the Content to other users of the Services where you authorise or request us to do so using the available functionality of the Services.
    We shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Content. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT SUBMITTED TO US WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL CONTENT. This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We may take any appropriate action against you for any Content you upload which breaches these Terms or that is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act, including removal of such Content. If you believe that we have acted mistakenly with respect to certain material, you may contact us using one of the contact methods provided at the end of these Terms of Use, in which case we may investigate the matter further, though we retain full right and sole discretion as to whether or not to remove the material. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of Content. The provisions of this section are intended to implement these Terms of Use and are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking any particular course of conduct. We are based in the US. Therefore when you use the Services, your data including personal information is transferred to us and stored in our data centres in the US. In addition, we use third parties in the US and other countries meaning your data including personal information is processed in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). Our third party service providers and partners operate around the world. Please see Data Summary for processing and transfer details. Digital Millennium Copyright Act Compliance We respect the intellectual property rights of others and expect users of the Site to do the same. In our sole and absolute discretion, we may terminate the accounts of users who infringe the intellectual property rights of others. You may contact our agent as indicated below if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements): i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your notification is the best way to help us locate content quickly; iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that the information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content. Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, so please do not make false claims. After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or that they may otherwise change their mind. As a result, we will honor retractions of copyright claims from the party who originally submitted them. To retract a notification, please send a statement of retraction, the complete and specific URL of the content in question, and an electronic signature to the email address we provide at the end of these Terms of Service. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers Termination We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination. Third Party Services From time to time, Cloud Academy may use services, including but not limited to analytics and advertising, provided by persons or entities other than us ("Third-Parties"), . We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our website, or which may download or connect with through our website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE. Linking Sources to Our Website If Cloud Academy authorizes you to deep-link your website or a service offered by your website to Cloud Academy in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Cloud Academy has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in effect; (3) all intellectual property rights relating to Cloud Academy and its technology, including all ownership rights, remain the exclusive property of Cloud Academy; (4) you will be solely responsible for the data and content that you will download and/or publish on your website; and (5) Cloud Academy may terminate at any time in its sole discretion your access. Cloud Academy reserves the right, but not the obligation, to remove any linked source if it contains or features any of the content, at our discretion, we find to be illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, selling or offering to sell any goods or services, conducting or forwarding surveys, contests, or chain letters, inappropriate or for any purpose that is prohibited by the terms and conditions of these Terms of Use. Contacting us, reporting any Content or complaints If you see objectionable content or have any questions about these Terms of Use, please contact Cloud Academy at info@cloudacademy.com. DISCLAIMERS AND LIMITATIONS Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law. Unless otherwise agreed in writing, the Services are made available to you on an "AS IS and "AS AVAILABLE" basis. It is your responsibility to ensure that the Services are suitable for your intended purposes. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. UNLESS OTHER AGREED IN WRITING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS WEBSITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS WEBSITE OR LINKED TO BY THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU Except as otherwise set out in these Terms, all warranties, terms, conditions and undertakings, whether expressed or implied by common law, statute, course of dealing or otherwise in relation to the Platform and the Services are excluded to the fullest extent permitted by law. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. Indemnity To the extent permitted by applicable law, you will be responsible for any losses resulting from your failure to comply with the Terms of Use. In the event Cloud Academy, its parents, subsidiaries, and affiliates, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers are involved in any claims or legal proceedings resulting from any alleged or actual breach or violation of these Terms of Use by you, Cloud Academy reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Cloud Academy in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Cloud Academy." Changes to these Terms of Use Cloud Academy reserves the right, in its sole discretion, to amend these Terms of Use from time to time. If we do, we will publish the amended Terms of Use or the changes to them on the Services, and the amended Terms of Use will take effect 30 days from the date on which we publish the amendments. Please review these Terms of Use periodically for changes, and each time you use the Services. Your access to the Services may be restricted or prevented unless and until you have agreed to such amended Terms of Use. Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the website. We will not amend the Terms of Use in such a way that could cause a material detriment to you. Modification, Suspension or Termination of website We may update or change our website from time to time to reflect changes in our products/services, our users' needs and our business priorities. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any modification, suspension or withdrawal. In the event of termination, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Cloud Academy shall not be liable to you or any third-party for any termination of your access. Class Action Waiver To the extent permitted by local law, you agree NOT to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree not to bring any class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. General Legal Provisions If you are a business user, these Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to this website. If you are a consumer, these Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States and the State of California, including California rules concerning conflicts and choice of law unless local law requires differently, in which cases the Terms of Use shall be governed in accordance with local law requirements. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of our website. If any provision in these Terms of Use is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with law enforcement requests or requirements. The failure to exercise or delay in exercising a right or remedy provided to a party under these Terms of Use shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of these Terms of Use shall constitute a waiver of any subsequent breach of the same or any other provision. Each right or remedy of a party under these Terms of Use is without prejudice to any other right or remedy of that party under these Terms of Use or at law."All rights not expressly granted herein are hereby reserved. These Terms of Use is the entire and final agreement regarding access to our website. Nothing in these Terms shall operate or be construed to exclude or limit any liability of any person for fraudulent misrepresentation. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.