Definitions

  • “Terms” consistently refer to all Terms of Service, which includes the Privacy Policy. Terms of Service, Terms of Use, Service Terms, and Terms of Conditions (in the context of MavenApps, but not Cloudmaven Statements of Work) are used interchangeably.

  • The Terms set forth the general terms and conditions for the use of the MavenApps mobile applications (“Mobile Application” or “App”), websites, and any of its related products and services (collectively “Service”) by the Service Operator (“Operator”, “Developer”, “we”, “us”, or “our”).

  • By accessing and using the Service, Users (interchangeably “User”, “them”, “their”, “you”, or “your”) acknowledge that they have read, understood, and agreed to be bound by these Terms.

  • Users acknowledge that these Terms represent a contract between them and the Service Operator, even though it is electronic and is not physically signed by either Party, and are legally binding.

  • If the User accepts these Terms on behalf of a company or other legal entity, such individual confirms to have the authority to bind such entity to this Agreement, in which case the terms “Users”, “User”, “them”, “their”, “you”, or “your” shall refer to such entity. If such individual does not have such authority or does not agree with the terms of this Agreement, these Terms must not be accepted and no user of such entity shall access and use the Service.

Terms of Use

 
  • To use the Service, Users must set up a user account. The Users must provide current and accurate information and update them from time to time. Providing false information of any kind, including contact information, may result in the termination of the account.

  • Users acknowledge that the Operator may, but has no obligation to, monitor and review new accounts before sign-in and use of the Service.

  • Users are responsible for maintaining the security of their accounts, including but not only keeping their account name and password confidential, and are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

  • They are also responsible for any account that they have been delegated access to. However, they will not represent the individual or entity of such delegated access without written permission of the account owner to act on the account owner’s behalf.

  • Users must immediately notify the Operator of any unauthorized uses of their account or any other breaches of security. The Operator will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such act or omissions.

  • Users are responsible for all content they provide and their activities on the Service.

  • Users will use the Service in compliance with all applicable laws, rules, and regulations.

  • Users will not use the Service to solicit the performance of any activity which infringes the rights of the Operator, its Related Entities, or the rights of others.

  • Users will not use the Service to upload, transmit, or otherwise distribute any objectionable content, as solely determined by the Operator, false or misleading information viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, third party products and services, or the Internet.

  • Users will not use the Service to interfere with or circumvent the security features of the Service, infringe upon or violate our intellectual property rights or the intellectual property rights of others such as but not only by reverse-engineering or refactoring the Service.

  • If Users break any of these promises above or any of the rules in these terms, the Operator may terminate the account. Such actions may also become subject to legal consequences.

  • As long as Users comply with these Terms, the Operator grants a non-exclusive, non-transferable, limited privilege to use the Service. Respective use is at the Users’ own risk.

 

Subscription Plans

  • The Service offers a Trial Plan for for Users with a running NetSuite Production account and up to three user accounts on the Service, that is free of charge for up to three years. Once the three user accounts or three years are exceeded, the Users are automatically enlisted on the regular Service Plan, unless they cease using the account upfront as determined by user access via login.

  • The regular Service Plan is committed to on a monthly basis and tracked by the average number of user accounts in the respective calendar month.

 

Fees and Payments

  • In order to maintain the Service, the Operator has the right to charge a subscription fee per user account, per calendar month.

  • Such subscription fee is disclosed within ten (10) days after Users’ successful registration on the account. The Operator may approach the Users at a later stage, but not request a subscription fee further into the past than the running month. Upon accepting such charge and committing to the Terms, Users can proceed with using the Service, otherwise have their access revoked after subsequent ten (10) days and their content deleted after another twenty (20) days.

  • The Operator shall invoice the subscription fees plus applicable VAT or other taxe and charges on a monthly basis in arrears. Invoices are payable within 14 days without any deduction and excluding setting off. When this payment period has lapsed, the Users are in delay without notice for payment and subject to dunning fees at 5% per month of the outstanding amount.

  • As the Service is invoiced in arrears, there is no general entitlement for automatic refund. Requests for refund must be made in writing and the Operator reserves the right to deny such request for any reason.

 

Cancellations and Terminations

  • The User may terminate his subscription to the Service for any reason on 30 days’ notice to the Operator by email to mobile@cloudmaven.com.

  • The Operator may terminate a User’s account if the respective user break any of promises in the Terms of Use in section 2.

  • The Operator may terminate a subscription with immediate effect by delivering notice of the termination to Users if Users fail to pay the subscription on time 3 times over any 12 month period.

  • With the effect of termination, the User shall immediately pay to the Operator all amounts outstanding as of the date of, and any amounts outstanding as a result of, termination.

  • With the effective date of termination, the User shall cease all use of the Service and retrieves any of data that the User wishes to keep. The Operator retains the right to delete data thereafter any time after the 30 days.

 

Intellectual Property Rights

  • Users own their content. The Operator does not represent any ownership or claim any intellectual property rights over the information that is provided to the Service.

  • The Operator owns the Service and the associated Intellectual Property Rights, which include all copyright and related rights, trademarks, designs, source codes, patents, intentions, and goodwill, in each case whether registered or unregistered. These Terms do not transfer any Intellectual Property owned by the Operator or third parties to any User. Users may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of the Service without prior written permission by the Operator.

  • Users shall grant the Operator a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback from any User or their agents.

 

Limitation of Liability

  • To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

  • To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliated, officers, employees, agents, suppliers, and licensors relating to the Service will be limited to an amount greater of one US dollar or any amounts actually paid in cash by the User to the Operator for the prior one month period prior to the first event or occurence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate the User for any losses or fails of its essential purpose.

 

Indemnifications

  • Users agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Users’ Content, Users’ use of the Service or any willful misconduct on their part.

 

Representations and Warranties

  • To the maximum extent permitted by law, the Operator provides the Service on an “as is” and “as available” basis, which means no warranties of any kind are provided, either expressed or implied, including, but not limited to, warranties of merchantibility and fitness for a particular purpose and to any warranties that the Service will meet Users’ specific requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by the Users through the Service will the Users’ expectations, and any errors in the Service will be corrected.

Force Majeure

 
  • Users agree that the Operator is not liable for any delays or failure in performance of any part of the Service, from any cause beyond the Operator’s control, but any such circumstances shall not relieve Users from their obligations to pay for the Service supplied to it prior to such circumstances.

No Waiver

 
  • The Operator’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

Severability

  • All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid, or unenforceable.

  • If any provision or portion of any provision of these Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of both Operator as well as Users that the remaining provisions or portions thereof shall constitute the terms with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Governing Law and Dispute Resolution

  • These Terms will be governed, construed, and enforced in accordance with the laws of the State of Zurich, Switzerland, without regard to its conflict of laws rules.

  • Operator and Users expressly agree that Zurich shall be exclusive place of jurisdiction.

Entire Agreement

 
  • These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between Users and the Operator and govern the use of the Service, superseding any prior or contemoraneous written or oral agreements (including, but not limited to, any prior versions of the Terms of Service).

 

Changes and Amandements

  • The Operator reserves the right to modify these Terms at any time, effective upon posting of an updated version of these Terms in the Service and will revise the updated date at the bottom of this page. Continued use of the Service after any such changes shall constitute Users’ consent to such changes. Further, an announcement via email of the User’s registered account or notification within the Service will be released. Albeit such notifications, it is the responsibility of Users to check the Terms periodically for changes.

 

Questions

  • Questions regarding these Terms may be addressed by email to mobile@cloudmaven.com with the subject “Questions about the Terms of Service”.

If you have any questions concerning the Terms and Conditions, please contact Cloudmaven's Customer Service by visiting the Contact section of our website or use the chatbox available on the bottom right of the page.

Thank you for reading our Terms.

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