Terms of Service
Please read each of the details carefully. The details establish what you can expect from using our services, and your user responsibilities while using the service.
Provision. The Agreement governs access to, and use of, the Services you may access and use the Services in accordance with the Agreement.
CloudD’s Services runs on PROGENET Cloud infrastructure comprising of computing platform coupled with storage capacity, together with the resources like the operating system, firewall, and IP addresses and support services.
CloudD’s Services allows Customer to upload, store, search, retrieve, view and email document to third party recipients. Document indexing is supported to allow for searching of desired documents stored.
Modifications. You acknowledge and agree that the Services extended to you by CloudD are subject to modifications. CloudD may update the Services from time to time. You will be notified of all modifications or new features via email.
You agree not to sell, license, assign or otherwise create any legal rights or interest in your account to any third party other than staffs working within your company. Upon breach of this Service, CloudD shall have the right to cancel the account, terminate the Services and/or this Agreement immediately without further notice to the you. Upon such an event, all monies owed by the you to CloudD shall immediately become due and owing.
We collect information to provide better services to you and all our users. Throughout your use of our Services, items like your files, content, messages, contacts, and so on (“Your Items”) are provided to us. These Terms do not give us any rights to Your Items except for the required rights that will enable us to offer the service.
Permission are required for us to host Your Items, share Your Items when given instruction to do so and backing up Your Items. This permission is also extended to our trusted third parties or partners we work with to provide you the service.
You warrant that the Services will be used for lawful purposes only.
You will assumes sole responsibility for obtaining any and all necessary consents, authorisations and approvals to enable it to lawfully use the content that is stored, displayed, or transmitted, including without limitation.
All the data stored by you is the property of yourself. CloudD claims no ownership and assumes no responsibility whatsoever over, in respect of any of your data.
CloudD claims no liability for any loss of or damage to your data stored on the Cloud Server. CloudD may provide a backup service for your data. CloudD may agree to restore a backup of your data, a service fee will be imposed for restoring the backup data. You are solely responsible for maintaining adequate backups of your data.
Content in the Services may be protected by others’ intellectual property rights. Ensure that you do not copy, upload, download, or share content unless you have the right to do so.
CloudD is not responsible for the content users post, share through the Services and may review your conduct and content for compliance with these Terms.
Never share your account credentials or give others access to your account. You may use our service only as permitted by applicable laws.
CloudD allows you to upload, submit, store, search, view, send and share content with third-party recipients. Document tagging is supported to allow for searching of desired documents stored. Your content remains yours.
CloudD do not claim ownership in any of your content, including any text, data, information and files that you upload, share or store in your CloudD account.
CloudD agrees to hold secret of your confidential information.
CloudD undertakes and covenants with you that it will treat all information as confidential and will not use or divulge any such information other than for the purpose of performing its obligations under this Agreement.
CloudD undertakes not to transfer, disclose, use or share the personal data with any third party without Customer’s express consent.
Customer Administration of the Services. Administrator may be able to:
(a) access, disclose, restrict or remove your data in End User Accounts; and
(b) restrict or terminate access to End User Accounts.
You are responsible for maintaining the confidentiality of passwords and Admin Accounts. CloudD’s responsibilities do not extend to the internal management or administration of the Services for Customer.
Unauthorised Use or Access. You will prevent unauthorized use of the Services by its End Users and terminateany unauthorized use of or access to the Services. You will promptly notify CloudD of any unauthorized use of or access to the Services.
Restrictions. You will not: (a) sell, resell or lease the Services; (b) reverse engineer the Services, or attempt or assist anyone else to do so.
Fees. You will pay CloudD all applicable Fees for the Services, in the currency and pursuant to the payment terms indicated on the Order Form, or in the applicable agreement between you and CloudD. You authorize CloudD, to charge you for all applicable Fees using CloudD’s selected payment method. Fees are non-refundable.
Payment. You will pay CloudD invoices on the payment terms as set forth in the CloudD invoice. CloudD may suspend or terminate the Services if Fees are past due for more than 7 days. You are required to provide complete and accurate billing and contact information to CloudD.
Taxes. Fees are exclusive of taxes and you are responsible for all applicable government taxes. CloudD, will charge taxes as required to do so by the your respective government.
(a) violate these Terms; or
(b) use the Services in a manner that CloudD reasonably believes will cause liability to CloudD,
then CloudD may request that you suspend or terminate the applicable end user account or activities. If Customer fails to promptly suspend or terminate the end user account or activities, then CloudD may terminate the Customer’s use of CloudD’s Services.
Notwithstanding anything in the Agreement, if there is a Security Emergency, CloudD may automatically suspend the use of the Services. CloudD will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
CloudD may request you to suspend or disable the applicable End User account or activities. If you fail to promptly suspend or disable the End User account or activities, then CloudD may terminate your use of CloudD Services.
Generally, you are free to terminate this Agreement if:
(a) the other party is in material breach of these Terms and fails to remedy that breach within thirty (30) days after receipt of written notice; or
(b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days.
CloudD may terminate this Agreement and suspend your access to the Services if required to do so by law or for an egregious violation by you of the Terms.
Effects of Termination
If the Agreement terminates:
(a) except as set forth in this Section, the rights and licenses granted by CloudD to you will cease immediately;
(b) You may, prior to termination, request reasonable additional time to export your stored data, provided that CloudD shall charge you for this extended access based on CloudD’s then-current standard fees; and
(c) CloudD will delete any End User Accounts and stored data in your account at the end of a 30 days period following receipt of your request to do so prior to termination of the Services.
The following sections will survive expiration or termination of the Agreement: (Payment), (Effects of Termination), (Survival), (Indemnification), (Disclaimers), (Limitation of Liability).
You will indemnify, defend and hold harmless CloudD from and against all liabilities, damages and costs (including settlement costs and attorneys’s fees) arising out of any claim against CloudD and its Affiliates regarding: (a) Customer Data; or (b) use of the Services in violation of the Agreement.
Possible Infringement. If CloudD believes the Services infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then CloudD may: (a) obtain the right for you, at CloudD’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If CloudD does not believe the options described in this section are commercially reasonable, then CloudD may suspend or terminate your use of the affected Services, with a pro-rata refund of prepaid fees for the Services.
General. The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defence, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defence with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE CLOUDD AND CUSTOMER’S (YOU) ONLY REMEDY UNDER THE AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
Services Term. The commencement of the subscription is effective from the date stated in the order form. This Agreement will remain in effect until terminated by CloudD or you, yourself.
Automatic Renewals. Unless otherwise specified on the Order Form, the subscription to the Services will be automatically renewed for an agreed renewal term, unless either Party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Services term.
Generally, the Services are provided “as is.” except as expressly stated in the agreement, neither you nor CloudD make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. You are responsible for using the Services in accordance with the terms set forth herein.
CloudD do not warrant that the CloudD Services will be uninterrupted, error free, completely secure, or that all defects will be corrected.
You acknowledge that CloudD do not control or monitor the transfer of data over the Internet, and that Internet accessibility carries with it the risk that your privacy, confidential information and property may be lost or compromised.
Limitation of Liability
Limitation on Indirect Liability. To the fullest extent permitted by law, except for CloudD or your indemnification obligations, neither you nor CloudD will be liable under the agreement for:
(a) indirect, special, incidental, consequential, exemplary, or punitive damages, or
(b) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose.
Assignment. You may not assign or transfer the Agreement or any rights or obligations under the Agreement without the written consent of CloudD, except that you may assign the Agreement to the surviving entity in connection with a merger, acquisition, or sale of all or substantially all of its shareholding by providing written notice to CloudD. CloudD may not assign the Agreement without providing notice to you, except CloudD may assign the Agreement or any rights or obligations under the Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its share-holding without providing notice. Any other attempt to transfer or assign is void.
On or before end of service contract period, you may request for transfer of data out of CloudD server. For fulfilment of such data transfer, CloudD will impose a service fee at an agreed service fee. A quotation will be raised and approved by you before the data transfer will take place.
At the end of the contract period and if there is no extension of service contract between CloudD and you, CloudD will proceed to delete your data from CloudD server. CloudD will not be responsible for the permanent loss of your data and documents after the contract expiry. A notice of the data deletion will be sent to you 30 days before the end of the service contract.
File images are stored within the CloudD application. The system implements reasonable measures to protect and limit access to these files, as well as prohibit unlawful disclosure. These measures includes random file organization and files are encrypted using key length which is sufficient to protect classified information.
Two-Factor Authentication (2FA) for user registration with One-Time Password (OTP) via Email to restrict unauthorized user.
Network (Web/App Server Data Transmission) – Using HTTPS 2048bit via TLS1.2 for data transmission to provide basic data intrusion prevention.