Terms of Service

Last updated: 4 January 2016

By using the CloudCMS.com web site ("Service"), or any services of Gitana Software Inc ("Gitana"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). 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, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Gitana reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.cloudcms.com/terms

Violation of any of the terms below will result in the termination of your Account. While Gitana prohibits such conduct and Content on the Service, you understand and agree that Gitana cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

A. Account Terms

  1. You must be 13 years or older to use this Service.

  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  3. Any use of the Services requires prior registration on the Website by creating a Gitana account and the acceptance of these Terms of Service. By registering on the Website after Gitana has provided a link with these Terms of Services stating that they will be included, a User agrees he has read, understood, and accepted the Terms of Service.

  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  5. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

  6. You are responsible for maintaining the security of your account and password. Gitana cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

  8. One person or legal entity may not maintain more than one trial account.

  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. API Terms

Customers may access their Gitana account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Gitana, is bound by these Terms of Service plus the following specific terms:

  1. You expressly understand and agree that Gitana shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gitana has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

  2. Abuse or excessively frequent requests to Gitana via the API may result in the temporary or permanent suspension of your account’s access to the API. Gitana, in its sole discretion, will determine abuse or excessive usage of the API. Gitana will make a reasonable attempt via email to warn the account owner prior to suspension.

  3. Gitana reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

C. Payment, Refunds, Upgrading and Downgrading Terms

  1. The User, when using a paid subscription plan, will be required to provide Gitana with billing and account information for credit card, debit or other payment systems, such as PayPal, for which the User is authorized to approve charges to allow Gitana to collect payment from the Users for their purchases. The Users authorize Gitana to automatically and immediately bill when payments for subscription plans are due. Trial accounts are not required to provide payment details.

  2. An upgrade from the trial plan to any paying plan will require payment details and the User will be billed immediately.

  3. The Service is billed in advance on a monthly or annual basis (dependant on chosen subscription plan) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

  4. The dollar sign ($) denotes U.S. Dollars unless another currency is explicitly specified.

  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

  6. For any upgrade or downgrade in plan level, the payment details you provided will automatically be charged the new rate on your next billing cycle.

  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Gitana does not accept any liability for such loss.

D. Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Subscription link in the navigation bar at the top of the screen. The My Subscription screen provides a simple, no-questions-asked cancellation link located under Manage Subscription.

  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

  3. If you cancel the Service before the end of your current paid up subscription period, your cancellation will take effect immediately and you will not be charged again.

  4. Gitana, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Gitana service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Gitana reserves the right to refuse service to anyone for any reason at any time.

E. Modifications to the Service and Prices

  1. Gitana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Gitana Site (cloudcms.com) or the Service itself.

  3. Gitana shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

F. Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories.

  2. Gitana does not pre-screen Content, but Gitana and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

  3. You shall defend Gitana against any claim, demand, suit or proceeding made or brought against Gitana by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Gitana for any damages finally awarded against, and for reasonable attorney's fees incurred by, Gitana in connection with any such claim, demand, suit or proceeding; provided, that Gitana (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Gitana of all liability); and (c) provides to You all reasonable assistance, at Your expense.

  4. The look and feel of the Service is copyright ©2016 Gitana Software Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Gitana.

G. Use for reference

  1. The User agrees that Gitana may use information of the User provided by the User (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to Gitana to info@cloudcms.com.

H. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

  2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.

  3. You understand that Gitana uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Gitana, or any other Gitana service.

  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Gitana.

  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Gitana customer, employee, member, or officer will result in immediate account termination.

  8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Gitana) of other Gitana customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

  12. Gitana does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

  13. You expressly understand and agree that Gitana shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gitana has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

  14. The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of the United States and of the Commonwealth of Massachusetts without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of or relating to this Agreement will be submitted to the exclusive jurisdiction of the state or federal courts of competent jurisdiction located in the Commonwealth of Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar federal or state laws or regulations are enacted, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted.

  15. The failure of Gitana to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Gitana and govern your use of the Service, superseding any prior agreements between you and Gitana (including, but not limited to, any prior versions of the Terms of Service).

  16. Questions about the Terms of Service should be sent to support@cloudcms.com.