Terms of Service
Welcome to Arqod Cloud — a unique software solution designed to securely store and exchange information (“service”). The service, provided by Arqod NV (the “Company”) at our website at https://arqod.com, subdomains and related sites (“website”), enables users to use our application programming interface (“API”) to upload, store, manage and download information, materials and other data (“data”) and give access to that data to others.
These Arqod Cloud terms of service (these “Terms”) apply to your use of the website and the service. Please read these Terms carefully. By using the website and/or the service you agree to be bound by these Terms. If you do not wish to be bound by these Terms you may not use the website or the service.
We reserve the right to change or modify these Terms from time to time. Use of the website and the service is subject to the version of these Terms posted on the website at the time of your visit. If you continue to use the website and/or the service after changes have been made to these Terms then such use will be deemed to constitute your acceptance of the changes. If you do not agree to the changes then you may not use the website or the service. Accordingly, please continue to review these Terms whenever you access or use the website or service.
If you have any questions regarding the use of the website or the service, please email us at email@example.com
User data and the Arqod Cloud service
Any data uploaded and stored or shared using the service can only be accessed by the user who uploaded the data and by anyone to whom that user has given access using the service.
User’s responsibility and confidentiality
The Company does not have access to the data stored using the service, nor to user passwords. THEREFORE, IT IS ENTIRELY THE USER’S RESPONSIBILITY TO KEEP THEIR PASSWORDS SAFE, SECURE AND CONFIDENTIAL.
You shall not attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or object code of the service or website (or any part thereof).
You acknowledge and agree that any source code we supply to
you, or allow you to access, in connection with these Terms, the service and/or the website, and any other information we provide to you in connection with the same, is our confidential information. Accordingly you warrant, represent and undertake to us that you shall: (i) keep confidential all such information (including, without limitation, all such source code) and shall not disclose any such information to any third party without our prior written consent; and (ii) not use any such source code or the ideas and/or information contained therein for your benefit (other than for the purposes of testing the service and the website and gaining an outline understanding of the applications and functions they provide), or any third party’s benefit. You further acknowledge and agree that damages may not be a sufficient remedy for a breach by you of this paragraph and that we are therefore also entitled to seek equitable relief, including injunctive relief and specific performance, in respect of any such breach or threatened breach.
You shall not post, upload, transmit, distribute, store, create or otherwise publish using the website or the service any of the following:
- material that is
libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- material that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal
offence, or otherwise create liability or violate any local, state, national or international law;
- material that may infringe or violate any patent, trademark, trade secret, copyright,
rightof privacy, rightof publicity or other intellectual property right or other rightof any third party; and
- viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the service or the website.
You shall indemnify us against all losses, damages, costs
and expenses (including legal expenses) we suffer or incur arising out of or in connection with your breach of any of the paragraphs set out in this “User’s responsibility and confidentiality” section.
All intellectual property rights (including, without limitation, patents, rights to inventions, copyright and related rights, moral rights, database rights,
semiconductor topography rights, supplementary protection certificates, petty patents, utility models, rights in designs, trade marks, service marks, trade names, domain names, rights in goodwill, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)), and other similar or equivalent rights or forms of protection (whether registered or unregistered) and all applications (or rights to apply) for, and for renewals and extensions of, such rights as may now or in the future exist anywhere in the world) in the website and the service belong to the Company and/or its licensors.
These Terms do not grant you any right, title or interest to or in the website or the service, other than to use them for the limited purposes set out in these Terms.
Limitation of liability
The Company gives no express warranties or representations about the website or the service (including in respect of their performance, quality, fitness for purpose or otherwise) and to the extent permitted by applicable law all express and implied terms, conditions and warranties are hereby excluded.
To the extent permitted by applicable law, the Company shall not be liable (whether under any statute or in contract, tort (including negligence) or otherwise) for any (i) loss of profit, revenue, goodwill, anticipated savings or business, (ii) loss of or damage to data or (iii) indirect or consequential loss or damage arising under or in connection with these Terms, the website and/or the service.
The Company’s total liability to you under or in connection with these Terms, the website and the service (whether such liability arises under any statute or in contract, tort (including negligence) or otherwise) shall be limited to 100 Euro.
The Company reserves the right to collect and store your e-mail addresses and other information provided during the registration and use of the website and the service, for the purposes of providing the website and the service and internal analysis only.
We do not share and do not intend to share this information with any third party other than our group companies, contractors and service providers solely in connection with the purposes set out above.
Notice for Users
The Company is a company registered under the Dutch law and all its servers are located in Switzerland. The Company does NOT currently have servers in the United States of America. Any information that you provide to the Company or store on its servers shall remain in its Swiss data
centres. By providing personal information to the Company, you are consenting to its storage and use as described in these Terms.