PLEASE READ CAREFULLY THESE TERMS OF USE ("AGREEMENT"). THIS AGREEMENT GOVERNS YOUR ONGOING USE OF THE SERVICES, UNLESS YOU AND SERVICE PROVIDER HAVE SIGNED A SEPARATE AGREEMENT REGARDING USE OF THE SERVICES.
By using the Services, you are indicating that You have read, understand and agree to be bound by the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that you have the authority to bind such entity and its Affiliates to this Agreement, in which case the terms "You" or "Your" shall refer to such entity and its Affiliates. If You do not agree to be bound by the terms of this Agreement, then You have no right to use the Services.
CloudNCo, Inc. participates in and has certified its compliance with the General Data Protection Regulation (EU) 2016/679 regarding the collection, use, and retention of Personal Data (as defined in the CloudNCo Data Processing Agreement). To the extent that CloudNCo processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), on Customer’s behalf, in the provision of the services hereunder, the terms of the CloudNCo Data Processing Agreement, which are hereby incorporated by reference, shall apply. For customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with CloudNCo, Inc., which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply. You acknowledge in all cases that CloudNCo acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your CloudNCo account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.
Back to topNEITHER WE NOR OUR LICENSORS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR OPERATION OF THE SERVICES OR THE SOFTWARE INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY LOSS OF DATA, REVENUE, PROFITS, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES, OR FOR THE LOSS OF USE OF ANY SERVICES OR SOFTWARE, OR FOR ANY INTERRUPTION OF BUSINESS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, EXCEED THE TOTAL MONTHLY SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE-MONTH PERIOD PRECEEDING THE DATE A CLAIM OR ACTION FOR LIABILITY ARISES HEREUNDER. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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