- Last updated: November 11, 2024
- Effectiveness: June 1, 2019
This Term establishes the rules for using the Discloud Platform. We inform you that by accepting it you are hiring our services and accepting the conditions presented in this contract. If you do not agree with the terms and conditions presented, do not complete your registration or use our services. The use of the platform implies a tacit hiring of our services and by virtue of this hiring agreement with the clauses presented here.
Please note that we may change our Terms of Service at any time, and while using Discloud, it is your responsibility to stay up-to-date and adhere to the policies posted here.
If you have any questions about this document, please contact us at [email protected].
1.1 To use Discloud Services, you must first agree to the Terms. You can agree to the Terms by effectively using Discloud Services. You understand and agree that Discloud will consider your use of Discloud Services as an acceptance of the Terms from that point forward.
1.2 You may not use Discloud Services if you are a person barred from receiving Discloud Services under the laws of any country, including the country where you are resident or from which you use Discloud Services.
1.3 To use Discloud Services you need to follow, accept and agree with our Usage Policies, otherwise you are prevented from using the service.
1.4 Be aware that to be able to use our services you need to register on our website.
2.1 You must provide accurate and complete information whenever you register to use Discloud services. When registering with Discloud through “Third-Party Accounts”, these platforms will share some information with us, including the account ID, email, name, and avatar URL. Additionally, Discloud will also collect your IP address. You are responsible for the security of your account and the use of your account. If you become aware of any unauthorized use of your password or account, you agree to notify Discloud immediately.
2.1.1.1 Discloud uses the collected data for various purposes:
- To provide and maintain our Service;
- To notify you about changes to our Service;
- To provide you with notices about your account and/or subscription, including expiration and renewal notices, and providing backups via email.
- To provide customer support;
- To monitor the usage of our Service;
- To fulfill any other purpose for which you provide it;
- For any other purpose with your consent.
2.2.1.1 Your personal data will be retained for as long as necessary to fulfill the purposes set out in this section, including fulfilling legal obligations, resolving disputes and enforcing legal agreements.
2.2.1.2 Our goal is to take reasonable steps to allow you to change, delete, or limit the use of your personal data. If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us using our contact means such as Ticket, Email, or via Dashboard (via Tawk).
2.3 Use of Discloud Services must comply with all applicable laws, regulations and ordinances, including any laws relating to the export of data or software.
2.4 You agree to (a) not access (or attempt to access) the administrative interface of Discloud Services (BOT or WEB), by any means other than through the interface that is provided by Discloud, unless you have been specifically authorized to do so in a separate agreement with Discloud, or (b) engage in any activity that interferes with or disrupts the operation of Discloud Services (or the servers and networks connected to the Service).
2.5 Your account has usage limits, as stated in your panel, according to your plan. We do not allow you to exceed usage limits. Discloud reserves the right to impose limits at its sole discretion, which may result in service interruption or even account blocking.
3.1 You agree to comply with the Usage Policy, which is hereby incorporated by reference and may be updated from time to time.
3.2 Discloud Services will be subject to the privacy policy and you agree to use your data in accordance with Discloud's Privacy Policies, which are hereby incorporated by reference and may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of end users of your application (“End Users”). You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make users aware that the information will be available to your application and consequently to Discloud.
4.1 Discloud may remove your extra benefits if you do not renew your plan every 30 days.
4.2 Service subscriptions are paid monthly, except for payments via Ticket, which are manual. After the initial period, the subscription is automatically renewed for the same period until canceled by you.
4.2.1 You may cancel your subscription within 30 days of the initial purchase and receive a partial refund if you have not used the service. Non-use of the service means that you have not hosted any apps and have not used the service. We have a free plan for customers to use our services before making their purchase.
4.2.2 To request a partial refund, please contact us using our contact means such as Ticket, Email, or via Dashboard (via Tawk).
4.3 To process credit card transactions, we use third-party services such as Stripe.
4.4 Refund requests directly impact our ability to keep the free plan available to those who need it most. Therefore, requesting a refund may block you from future free plan slots, ensuring that these opportunities are prioritized for those who value and need the support offered by our donor-supported structure.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of, or through your use of, Discloud Services are the sole responsibility of the person from whom such content originated. All such information is referred to below as "Content".
5.2 Discloud reserves the right (but has no obligation) to remove any or all Content from Discloud Services. You agree to immediately remove any content that violates the Usage Policy, including by force of a removal request. In the event that you choose not to comply with a Discloud request to remove certain content, Discloud reserves the right to remove it or disable your services.
5.3 In the event that you become aware of any violation of the Usage Policy by an end user of your application, you must immediately terminate such end user's account in your application. Discloud reserves the right to disable your app(s) in response to a violation or suspected violation of the Usage Policy.
5.4 You agree that you are solely responsible (and that Discloud has no responsibility to you or any third party) for apps or any Content that you create, transmit or view while using Discloud Services and for the consequences of your actions (including any loss or damage that Discloud may suffer) by doing so.
5.5 You agree that Discloud has no responsibility or obligation for the deletion or failure to store any Content from use of the Service. You also acknowledge that you are solely responsible for the security and backup of your apps and any Content.
5.6 Discloud strives to provide reliable and secure services, but cannot guarantee total data security. The Service is provided 'as is' and you agree to not hold Discloud liable or seek compensation for any damages resulting from loss of use, data or profits related to performance or failure of the Service.
5.7 Furthermore, you will not hold Discloud liable nor seek compensation if confidential materials are unintentionally disclosed as a result of a security failure or vulnerability in the execution of Services.
5.8 Discloud assumes it may not have backup of certain data stored on its structure.
6.1 You acknowledge and agree that Discloud (or Discloud's licensors) holds all legal rights, titles and interests in and to Discloud Services, including any intellectual property rights that subsist in Discloud Services (whether those rights are registered or not, and anywhere in the world).
7.1 Discloud grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided. This license is for the sole purpose of enabling you to use and enjoy the benefits of Discloud Services as provided for in the Terms.
7.2 You may not (and may not allow anyone else to): (a) copy, modify, create a derivative work from, reverse engineer, decompile or otherwise attempt to extract the source code of Discloud Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Discloud, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanism used by Discloud Services or any applications running on Discloud Services.
7.3 Open source software licenses for components of Discloud Services released under an open source license constitute separate written agreements. To the extent that open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Discloud for the use of the components of Discloud Services released under an open source license.
7.4 Discloud grants you a limited, non-exclusive, royalty-free, non-transferable license, with the right to sublicense, to display Discloud trademarks and/or logos as provided herein ("Marks") for the sole purpose of promoting or advertising that you use Discloud Services. You agree that all goodwill generated through your use of the Discloud Marks will inure to the benefit of Discloud.
8.1 Discloud does not claim any ownership or control over any Content or application. You retain copyright and any other rights you already hold in the Content and/or application, and you are responsible for protecting those rights, as appropriate.
8.2 By adding a collaborator to your app, you decide to grant that user a non-exclusive, royalty-free, non-transferable license with the right to sublicense, to use, display, perform, reproduce, modify, publish, distribute, list information about, edit, translate content as permitted by the functionality of Discloud Services.
8.3 You may choose or we may invite you to submit comments or ideas about Discloud services, including without limitation about how to improve Discloud Services or our products (“Ideas”). By submitting any idea, you agree that your disclosure is free, unsolicited and without restriction and that we are free to use the idea without any additional compensation to you and/or disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Discloud, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website) for the purpose of advertising or publicizing your use of the Discloud Services.
9.1 Maintenance of Discloud services will be carried out whenever necessary and may cause instability and partial or total unavailability of services. This period will be disregarded in any SLA calculation. All maintenance on Discloud services will be previously communicated through our status page.
10.1 Discloud can, and you grant us permission to, make recommendations through Discloud services for products or services that we believe may be of interest to you, based on your application(s), Content and/or use of Discloud Services. We will never make recommendations directly to your end users.
11.1 Discloud is constantly innovating to offer the best possible experience to its users. You acknowledge and agree that the form and nature of the Discloud Services that Discloud provides may change from time to time without prior notice, subject to the terms of Section 4. Changes to the form and nature of Discloud Services will be effective with respect to all versions of Discloud Services; examples of changes to the form and nature of Discloud Services include, without limitation, changes to fees and payment policy, security patches added to functionality, and other improvements.
11.2 You may terminate these Terms at any time and cancel your account on Discloud Services. You may terminate these Terms and cancel your services by removing all your apps and Content. You may not receive any refund if you give up the service or if your account is canceled, as described in section 4.
11.3 You agree that Discloud, at its sole discretion and for any reason or no reason, may terminate your account or any part thereof. You agree that any termination of your access to Discloud Services may be without prior notice, and you agree that Discloud will not be liable to you or any third party for such termination.
11.4 You are solely responsible for exporting your content and Application(s) from Discloud Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your content and application(s).
11.5 Upon termination of Discloud Services or your account, these Terms will also terminate, but Sections 1, 5, 6, 11, 12, 13, 14 and 17 shall continue to be effective after these Terms are terminated.
11.1 Nothing in these terms, including sections 12 and 13, shall exclude or limit Discloud’s liability for losses which may not be legally excluded or limited by applicable law.
11.2 The user understands and agrees that the use of Discloud service is at their own risk and that Discloud services are provided “as is” and “as available”.
11.3 Discloud, its subsidiaries and affiliates and its licensors make no express warranties and disclaim all implied warranties regarding Discloud services, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Discloud, its subsidiaries and affiliates and licensors do not warrant that: (a) use of Discloud services will meet your needs, (b) use of Discloud services will be uninterrupted, timely, secure or error-free, and © usage data provided through Discloud will be accurate.
12.1 Subject to Section 12.1 ABOVE, USER UNDERSTANDS AND AGREES THAT DISCLOUD, ITS SUBSIDIARIES AND AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY YOU, WHETHER CAUSED BY AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE BUT NOT BE LIMITED TO, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, SUFFER LOSS OF DATA, COSTS OF PROCUREMENT OF GOODS OR SERVICES OR OTHER INTANGIBLE LOSS.
12.2 THE LIMITATIONS OF DISCLOUD'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT DISCLOUD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OCCURRING.
13.1 You agree to indemnify and hold Discloud, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Discloud and Partners") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party in connection with your use of the Discloud Services.
14.1 You agree to establish a process to respond to allegations of alleged infringements. It is Discloud's policy to respond to notifications from any source or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to remove content from your application or, if necessary, the application itself after receiving a valid notification.
15.1 The user acknowledges and agrees that Discloud is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials present or available on such bots or resources.
15.2 The user acknowledges and agrees that Discloud is not liable for any loss or damage that may be incurred by you or your end users as a result of the availability of such external sites or resources, or as a result of reliance placed by you on the completeness, accuracy or existence of any advertisements, products or other materials present or available from such sites or resources.
16.1 Discloud may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which time you may reject the changes by terminating your account.
16.2 You understand and agree that if you use Discloud Services after the date on which the Terms have changed, Discloud will take your use as acceptance of the updated Terms.
17.1 The Terms constitute the entire agreement between you and Discloud and govern your use of Discloud Services (excluding any services that may eventually be provided with a separate written contract), and completely replace any prior agreements between you and Discloud regarding Discloud Services.
17.2 There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these terms creates an agency, partnership or joint venture.
17.3 If Discloud provides you with a translation of these Terms, the version of these Terms in Portuguese will control any conflict.
17.4 You agree that Discloud may send you notices, including those regarding changes to the Terms, by email or postings on Discloud Services. By providing your email address to Discloud, you agree to our use of the email address to send you any notices required by law.
17.5 You agree that if Discloud does not exercise or use any legal right or remedy contained in the Terms (or to which Discloud is entitled under any applicable law), this will not be considered a formal waiver of Discloud's rights and those rights or remedies will still be available to Discloud.
17.6 Discloud will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to government action, acts of terrorism, natural disasters, labor conditions, power failures and internet disturbances.
17.7 The Terms, and the relationship between Discloud and the Terms, will be governed by the laws of the State of Florida, USA, regardless of conflict of legal clauses. You and Discloud agree to submit exclusively to federal courts located in Orange County, USA for resolution of any legal issues arising from the Terms.
17.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding, either party may assign all of its rights and obligations under these Terms without the consent of the other party to its affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all its assets not involving a direct competitor of the other party.