Last updated: January 17, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Cloud Defense AI, 579 University Ave, Palo Alto, CA 94301.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to CloudDefense.ai, accessible from https://www.clouddefense.ai
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
Last updated: September 27, 2022
We may collect and process the following data about you:
Information you give us. You may give us information about you by filling in forms on our Platform, when you log in to the Platform, or by corresponding with us by phone, e-mail, chat, or otherwise. This includes (but is not limited to) information you provide when you use our service and when you report a problem with our Platform or the services available on it. The information you give us will depend on the circumstances but, as you are giving it to us, you will always know what information we are receiving.
We may keep a record of that correspondence or information in accordance with our Data Deletion and Retention Policy in case we need to contact you in relation to the issue for which you contacted us, for operational performance improvement and/or nuisance caller management, or otherwise as may be required by law.Please note that we do not collect payment information from you. This will be collected directly from you by our third-party payment processor.Information we collect about you. We may collect the following information about you:
- your contact details (phone number, address, email address).
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Platform (including date and time); webpage identifier; what you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), metadata information about the payload and page; analytical data; information about the DOM and mutation events; comments you choose to publicly provide; and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information from the third-party authentication provider about you, including your GitHub, Bitbucket, Google, or Docker username and your email address. We are also working closely with other third parties (including, for example, business partners, service providers, sub-contractors in technical and payment services, advertising networks, analytics providers, search information providers and recruitment agencies) and may receive information about you from them. If you use the Platform while working for one of our customers, we will receive information (such as your email address, to create an account for you) from that customer. If you work for an organization, we may receive your name and contact details from partners who identify potential customers for our services (including attendees at events we sponsor).
When you visit our website, our servers will automatically store various data about your usage of our website, including in particular the type/version of your browser and operating system, the website from which you arrive at our website, the pages of our website you visit, date and time of your access, your IP address and similar data. The legal basis for processing personal user data is our legitimate interest. We use such data to be able to make the website accessible, to detect and resolve any technical problems, and to prevent and, if necessary, prosecute any misuse of the website. In addition, we use these data in anonymous form, i.e. without the possibility of identifying the user, for statistical purposes and to improve the website.
Data processing in connection with subscriptions or registrations to our Service.
Data relating to our business customers that we process for the conclusion, performance and termination of our contract with a Customer (e.g., business name and address, payment information), therefore, are not considered as Personal Data. However, we process certain Personal Data of those individuals who subscribe to a contract or register for our free Service on behalf of a Customer, in particular a work email address.
Disclosure of your information.
We may share your information with the following, selected third parties:
- business partners, service providers and sub-contractors for the performance of any contract we enter into with them or you;
- service providers acting as processors who provide IT, customer management, recruitment administration and system administration services;
- analytics and search engine providers that assist us in the improvement and optimization of our Platform.
We may disclose your personal data to certain third parties in the following circumstances:
- if we have your permission to do so;
- third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may access and use your personal data;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms applicable to the CloudDefense service and any other documents referred to in them; or to protect the rights, property, or safety of CloudDefense, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- To third parties to market their products or services to you if you have consented. We contractually require these third parties to keep personal data confidential and use it only for the purposes for which we disclose it to them.
We may disclose your personal data to certain third parties in the following circumstances:
Data collected when visiting our website is regularly stored for a period of 365 days.
How we protect your personal data
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
If you wish to exercise any of the rights set out below, please contact us at firstname.lastname@example.org
You have the right to:
- Request correction of the personal data that we hold about you. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
We try to respond to all legitimate requests within 4 weeks. Occasionally it could take us longer than 4 weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Change of ownership
If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third-party purchaser of our business or assets, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events. If such an event occurs, the legal basis for processing your Personal Data in this context is either your consent, contract performance or legitimate interests.
Legal Basis for our processing personal data
We rely upon the following legal grounds as a basis for processing your personal data. Performing our obligations under a contract with you, or making pre-contract arrangements with you. Legal and regulatory compliance. Our legitimate business interests, and those of our customers. We rely on our legitimate business interests, and those of our customers, to process your personal data. For example, we have a legitimate interest in providing and improving the CloudDefense service; maintaining and improving the security and integrity of our Platform; minimizing claims and financial losses of us, and our customers; promoting the Platform and our services and brand; research and analytics; and sharing information with our service providers who help power our operations. In some cases where we send you promotional material by email we obtain your consent as a legal basis to processing your personal data.
Applicable under California Law
No sale of personal information. We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).Access Requests. California Civil Code Section 1798.83 (and other, similar state statutes) permits our customers who are California residents (or residents of states with similar statutes) to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. Deletion Of Content From California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information, subject to applicable law, about an individual consumer’s online activities over time and across different websites when a consumer uses the Services.