User Terms and Acceptable Use Policy
Effective Date: March 4, 2019. Last updated July 22, 2020.
These User Terms of Service (the “User Terms”) govern your access and use of ONEiO integration service (the “Service”). Even though you are signing onto an existing account, these User Terms apply.
1. Legally Binding Terms
These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. Reference to these User Terms includes reference to the Acceptable Use Policy. If you access or use the Service, or continue accessing or using the Service after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. “We”, “our” and “us” refer to ONEiO Cloud Corporation. You must be 18 years of age or older to use the Service.
Customer’s Choices and Instructions
2. Customer’s ONEiO subscription(s)
An organization or other third party that we refer to in these User Terms as “Customer” has usually invited you to access the Customer’s integration subscription. If you are accessing one of your employer’s subscriptions, Customer is your employer. If you are accessing an integration subscription created by an individual for her own account, she is our Customer and she is authorizing you to join her subscription. If you are accessing your own ONEiO integration subscription, then you are both ONEiO Customer and Authorized User.
3. What this means for You
Customer has separately agreed to ONEiO Terms of Service (the “Contract”) that permits Customer to create and configure integrations in the Service. Each invitee granted access to the Service, including you, is an “Authorized User”. The Contract contains our commitment to deliver the Service to Customer, who may then invite Authorized Users to access the Service. When an Authorized User (including you) creates or edits integration configurations (“Configurations”) or submits content to the Service, such as messages or files (“Customer Data”), you acknowledge and agree that such Configurations and Customer Data is owned by Customer.
4. Relationship Between You and Customer, No Warranties
AS BETWEEN US AND CUSTOMER YOU AGREE THAT IT IS SOLELY CUSTOMER’S
RESPONSIBILITY TO (A) INFORM YOU OF ANY RELEVANT CUSTOMER POLICIES AND
PRACTIES IN RELATION TO USE OF SERVICE; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICE; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE RELATING TO CUSTOMER DATA OR USE OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO YOU RELATING TO THE SERVICE, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
5. Follow the Rules
To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us.
6. Termination of User Account
These User Terms remain effective until Customer’s subscription expires or terminates, or your access to the Service has been terminated by Customer, you or us. You are entitled to terminate your account to the Service at any time or for any reason, or for no reason.
7. Limitation of Liability
If we believe that there is a violation of the Contract, User Terms, or any of our other policies, we may directly step in and take what we determine to be appropriate action (including disabling your account), if Customer does not take appropriate action or we believe there is a credible risk of harm to the Service, Authorized Users, or any third parties.
IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Application of Consumer Law
ONEiO is intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Service or the pro-rata refund to Customer of pre-paid fees covering the remainder of the term.
Sections 4, “Relationship Between You and Customer, No Warranties;” 7. “Limitation of Liability;” and 9. “Survival;” as well as all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.
Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may choose to provide notice to Authorized Users through the Service. Notices to Us should be sent to firstname.lastname@example.org, except for legal notices, which must be sent to email@example.com.
A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Service. Notices under the Contract will be delivered solely to Customer in accordance with the terms of the Contract.
No failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
16. Governing Law & Venue
These User Terms and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
17. Entire Agreement
18. Contacting ONEiO
Please feel free to contact us if you have any questions about these User Terms of Service. You may contact us at firstname.lastname@example.org or at our mailing address below:
ONEiO Cloud Corporation