|These terms and conditions represent a formal agreement (contract) between Tawazi for Information Technology – referred to as “ CloudToday “ or “service provider” or “service vendor” or “company” and subscribers or beneficiaries to the services referred to them as “subscriber” or “customer” or “user” or “beneficiary”. These subscriber terms and conditions govern your use of CloudToday services, which are software solutions, technical services, consultations, and other services related to companies and business administration. Any use by you of the services provided by CloudToday constitutes your agreement to this contract and its provisions, and accordingly you should not use any of the services provided by CloudToday in the event were not agree to the terms and conditions set forth in this contract.
1. Eligibility for services
You acknowledge and warrant the following:
1. That your use of CloudToday services has never been suspended or prevented by CloudToday at any time in past.
2. You are not a competitor to CloudToday, and you do not offer any product that competes with the services provided by CloudToday.
3. You have full power and authority to contract and by doing so you will not be in breach of any law or contract.
2. Pledges and guarantees
You acknowledge and guarantee that you will:
1. Comply with all applicable laws and regulations in the Kingdom of Saudi Arabia.
2. To provides true and accurate information to CloudToday and updates to the information periodically.
3. You review and comply with any notices sent through CloudToday or mentioned in the CloudToday platforms regarding your use of the services provided by CloudToday.
4. You will not sublicense, issue, publish, transfer, distribute, implement, display, sell, or reclassify CloudToday’s services, otherwise you may have transferred the services or exploited them commercially, except as permitted under this contract.
5. You will only use the services for legitimate purposes, and you will not use the services to send or store any illegal or fraudulent materials.
6. You will not use the services to cause harm, harassment, or annoyance to anyone.
7. You will not hamper the proper operation of the CloudToday and its systems.
8. You will not try to harm the services in any way.
9. You will not copy or distribute the systems or other content without obtaining written permission from the CloudToday.
10. You will maintain the password for your account or any other identification we provide to you and allow access to your account, securely and confidentially.
11. You will provide us all directories that prove your identity according to the discretion of CloudToday.
12. CloudToday has the right to refuse to provide services or use of its systems without stating reasons.
3. The scope of the license
CloudToday grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable and irrevocable license to obtain our services and use them only for the personal purpose specified in accordance with this contract, so you must:
1. Not to make available for rent, rent, assign, resell, distribute or sublicense these services to any third party.
2. Not modify, or truncate, or translate, or summarize, or create a sub – work based on the decoding, or implementation of reverse engineering the design of systems of CloudToday or otherwise identify or attempt to identify or try to access the source code or interior design services or any text or multimedia (images, audio, video files), data or other information provided by CloudToday or third-party service providers.
3. Not to delete, change, or otherwise amend any right of copyright or other official notices contained in the services.
4. Not intentionally transfer or distribute services, or allow the services to be downloaded for use other than what is specified here. Not to claim to grant services or to allow access to them to anyone other than you.
5. It is not allowed to share the subscriber’s username / password or other reasons for accessing the CloudToday services.
4. Intellectual property rights
All intellectual property rights for these services and all materials related to them or appearing on them (including any content that you provide or include) are property of CloudToday. You must not reproduce or allow any person – for any reason – to use or reproduce the services or any trademarks or other trade names that appear in the services. Some of the services provided by CloudToday are under the GPLv3 license from GNU, and its provisions apply in the intellectual property of those parts.
– CloudToday maintains the right to impose new fees on the use of services. If CloudToday decides to impose new fees, it will inform you of this and allow you to continue with or terminate the contract.
– CloudToday is allowed to modify or update prices from time to time. It is your responsibility to stay aware of the current prices for the services provided through the pricing page on the website which can be accessed through the home page.
– You have to pay for the services to CloudToday via bank transfers to our account or through the payment methods available on the website, as soon as the services are provided to you. You are solely responsible for paying all fees on time and you acknowledge that any amount paid cannot be refunded.
– By agreeing to these subscriber conditions, you agree that your right to access the data saved in the CloudToday system is linked to your account being active and your subscription paid for, and that failure to pay the amounts owed to you will result in blocking your use of services and the data saved on them.
– In the event that you do not pay the due subscription amount for the CloudToday systems, CloudToday will give you a payment grace period that is determined by CloudToday before it blocks your use of the services and the data saved on it, and that this period is billed by CloudToday and paid by you as a subscriber.
Unless the subscriber notifies the service provider through the website before the end of the applicable subscription period of his desire to cancel the subscription or amend its features , the subscription will be automatically renewed with its current features and authorizes the service provider to collect subscription fees as indicated in the description of services using credit cards or any payment method known to CloudToday. The subscriber can request to amend the subscription properties before renewing.
7. Cancellation and refund requests
1. Monthly subscriptions: the customer has the right to cancel the monthly subscription during the first five (5) days of the subscription period, with a full refund of the subscription amount, unless otherwise stated in unique cases. Any cancellation after five (5) days will not lead to a refund, but that will lead to the termination of the automatic renewal of the subscription for the next month and the subscription will be active for the remainder of the subscription period.
2. Annual subscriptions: the customer has the right to cancel the annual subscription during the first 14 days of the subscription period, with a full refund of the subscription amount, unless otherwise stated in unique cases. Any cancellation after 14 days will not result in a refund, but it will terminate the automatic renewal of the subscription for the next year. If canceled after 14 days, the subscription will remain active for the remainder of the subscription term.
During the subscription period, and at CloudToday’s own discretion, CloudToday will provide technical support to the subscriber, which can take place remotely, as described here during the work periods stated on the site, and according to what CloudToday sees appropriate. The support includes (1) telephone or electronic means for common help and understanding the subscriber’s problem to offer guidance ( 2 ) Carrying out updates, improvements or other changes related to the services without additional costs to the subscriber.
The subscriber agrees that CloudToday work requires maintenance from time to time in order to upgrade or add new features or backup or fill security gaps. If any work has been accompanied by a stop of service to the subscriber for longer than a total of three working days per year the subscriber shall be compensated by extending the subscription, equivalent to the number of days of service interruption.
10. Data Preservation
The subscriber acknowledges that in the event that he stops using the services, whether because of his request or because of stopping the payment of subscription fees, Cloud Today will give a period of three (3) days for payment while allowing the subscriber to benefit from all the capabilities of the services and access to his data. In the event that the due fee is not paid after the expiration of the previous period, Cloud Today has the right to stop the subscription, and after seven (7) days the subscription is canceled and the consequent erasure of all the subscriber’s data, and the subscriber acknowledges that if he resumes the subscription after the aforementioned periods, there is no guarantees to restore previous data. In the event that the subscriber subscribes to the trial package, the data will be deleted immediately after the end of the trial period.
– CloudToday provides training services that are optional or included within the subscription according to the hours specified and agreed upon with the subscriber.
– The cost of training is determined by the cost of the training hour and the number of hours that the subscriber needs, and the participant is notified of the total cost of the training. Some subscriptions include free training hours.
– An agreement is made between the subscriber and the training officer or the account manager to schedule the training hours in accordance to the work hours in CloudToday.
– The training shall be exclusively remotely, through electronic means of communication, unless otherwise agreed upon.
– Training sessions are recorded and recordings are shared with the subscriber for later use, and for use in CloudToday’s quality improvement process. The subscriber is not permitted to share the recordings of the training sessions with any person, company or system except with written permission from CloudToday, as the recordings are considered part of the intellectual property of CloudToday.
– Training may include additional work by CloudToday, with or without the subscriber’s presence, such as preparing special training materials for the subscriber or requirements others, which are counted within the training hours, and the subscriber is notified of them.
– The subscriber agrees that in the event that he is unable to attend the training session at the agreed time, he must inform CloudToday with a request to change the training date at least twenty-four hours before the agreed time, and in the event that the participant does not adhere to the specified time, the appointment will be calculated from within the training hours that have been fulfilled.
12. Configurations, Customizations, and Consultation
– CloudToday provides configuration services, customization, and optional or included consultations, with subscriptions according to the specified hours agreed upon with the subscriber.
– The cost of these additional services is calculated according to the cost of one hour and the number of hours required to complete the services. The subscriber is notified of the total value of the services as estimated by CloudToday.
– The configurations, customizations and consultations are free of guarantees, and CloudToday disclaims its responsibility towards the subscriber from legal accountability.
– The consultations provided, whether accounting or otherwise, are not considered a basic reference, but rather informative tips only. CloudToday disclaims its legal responsibility, and the subscriber is responsible for adherening to the legal provisions.
13. Business Transfer
– If CloudToday or parts of its business are acquired by a third party (another company, for example), then the subscribers and visitors’ information is considered an asset that is transferred to the third party. The subscriber acknowledges that this is possible and that the third party can use the subscriber’s information as mentioned in this agreement.
– In the event of CloudToday’s bankruptcy or exit from the market, Cloud Today is obligated to give the subscriber permission to access his dedicated server to copy his data for a full month from the date of bankruptcy or exit.
By agreeing to the subscriber’s terms and use of the services, you agree to defend CloudToday, its affiliates, its licensors, and all of its officials, directors, and other subscribers, employees, lawyers, and agents, make all required data and information available, not to harm them and absolve them of any claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) that arise from or are associated with the following:
1. Your violation or breach of any of these subscriber conditions or any applicable law or regulations, whether or not they are referred to in these terms and conditions of use.
2. Your violation of any rights of third parties, including service providers who provide services through CloudToday or to CloudToday.
3. Misuse of the services.
15. legal responsibility
– The information, recommendations and services or any of them that were provided to you on or through the website and the services are for general information purposes only and do not represent any advice. CloudToday will maintain, as much as possible, the correctness and updating of the website and its services and its contents, but it does not guarantee that the contents of the website or the services are free from errors or defects or malware and viruses nor does it guarantee the correctness, accuracy and updating of the website and the services.
– CloudToday does not bear the responsibility for any damages resulting from the use of (or inability to use) the site or its services, including damage caused by malware or viruses, and does not assume responsibility for incorrect or incomplete information or web site or the services, unless this damage is caused by willful misconduct or gross negligence on the part of CloudToday.
– CloudToday does not bear any responsibility for any damages resulting from the use (or inability to use) electronic means of communication with the website or with the services, including – but not limited to – damages resulting from non-delivery of electronic correspondence or delay in their delivery, interception, or manipulation of electronic correspondence by others or by common computer programs for electronic communications and virus transmission.
-CloudToday intends as much as possible to provide its electronic services using its best efforts throughout the year 24 hours / 7 days a week, and in all cases, it does not guarantee that CloudToday systems will work completely throughout the year, and that there will be stops for the purpose of maintenance or periodic update or adding new features to the services.
16. Service Changes
CloudToday reserves the right, and at its sole discretion, to do the following at any time:
1. Change services or any related materials, and / or stop publishing its services.
2. If CloudToday decides to stop publishing its services, it may wish to replace the services with other similar materials.
17. Liability limits
CloudToday does not provide any guarantees, explicit or implicit, regarding the services, they are all provided “as is”. CloudToday clearly disclaims its responsibility, to the fullest extent possible in accordance with the law, for all guarantees, which include, but are not limited to: guarantees of suitability for a specific purpose, suitability for specific specifications and markets, and the ability of property rights for sale, and CloudToday does not guarantee accuracy, content, or timeliness of the services or results that may or may not be obtained by the subscriber of the services. CloudToday, its agents, licensors, and its affiliates will not be liable in any case for direct or indirect damages, penalties, special damages, or the occurrence of incidental or consequential damages, including but not limited to: damages resulting from loss of profits, failure of business, loss of business information or other financial losses arising directly or indirectly from accessing and using services (or failure to use them) or reliance on them.
In all cases, you agree to these subscriber conditions that you acknowledge that CloudToday’s responsibility to retain data is six months, and that CloudToday has the right to delete this data completely from its service and dispose of it in the way Cloud Today deems appropriate.
You acknowledge that you are solely responsible for the privacy of the services, and you are solely responsible for their use by anyone else using your account and / or subscriber’s user name , password, or your access credentials. You also agree to notify CloudToday if you become aware of any loss, theft, or unauthorized use of any password, subscriber name or IP address or other methods of accessing services.
19. Interactions With Others
20. Duration and Termination of the Contract
The contract between you and CloudToday is an unlimited period unless otherwise agreed upon. You have the right to terminate the contract by closing your subscriber’s account at any time.
CloudToday has the right to terminate the contract with immediate effect at any time (by suspending your use of the services ), in case you do any of the following:
1. Violation or breach of any of the subscriber’s terms and conditions.
2. If CloudToday believes that you are misusing its services, or related services.
3. For any reason that is subject to CloudToday‘s absolute discretion.
Additionally, CloudToday is not obligated to send you previous notice of contract termination.
21. Invalidation of One or More Terms
The invalidity of any of the provisions or terms of the present subscriber’s terms and conditions does not affect the validity of the remaining provisions and terms contained therein.
In the event that there is any invalid judgment in the present conditions of the subscriber or the existence of an unacceptable judgment in certain circumstances in accordance with the criteria of reasonableness and fairness and to this extent only, it shall be substituted between the two parties by a ruling that is acceptable in consideration of all circumstances and conforms to the provisions of the void condition as much as possible, taking into account the content of these subscriber’s terms and conditions and their purpose.
22. Service Amendments and Subscriber’s Terms and Conditions
CloudToday reserves the right, at its sole discretion, to amend or replace any of these subscriber terms and conditions, or to change, suspend or discontinue services (including but not limited to, providing any feature, database, or content) at any time. By publishing a notification on the site or by sending a notification to you through the services, or via e-mail, or via other communication methods. CloudToday may also place restrictions on certain features and services or limit your access to portions of the services or the entire services without notice or liability.
CloudToday may send a notification by sending a general notification through the services, or by sending an email to your mailing address registered in the account information with CloudToday, or by sending a letter by regular mail to your address registered in the account information with CloudToday or by other means of communication.
24. Applicable Law and Dispute Resolution
These subscriber’s terms and conditions shall be subject to, and shall be applied to the settlement of any dispute, claim or dispute arising out of or related to the subscriber’s present conditions, or any violation thereof, termination, implementation, interpretation, validity, or use of the site or services, to the laws and regulations applied in the Kingdom of Saudi Arabia and interpreted accordingly.
25. The Language of the Contract
The Arabic language is the approved language in the interpretation and implementation of the contract. Nevertheless, both parties may use one of the foreign languages in writing the contract or part of it in addition to the Arabic language, and if there is a conflict between the Arabic and the foreign text, the Arabic text is applied.