By using our services, you agree to our terms and policies. Please review them carefully before proceeding. Thank you!
This NeevCloud Customer Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between the applicable NeevCloud Contracting Party specified in Section 12 below (also referred to as “NeevCloud,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Services (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 12 for definitions of certain capitalized terms used in this Agreement.
THE SERVICES AND NeevCloud CONTENT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR NeevCloud CONTENT OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR NeevCloud CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR NeevCloud CONTENT, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR NeevCloud CONTENT, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR NeevCloud CONTENT; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 7.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 9 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We may modify this Agreement (including any Policies) at any time by posting a revised version on the NeevCloud Site or by otherwise notifying you in accordance with Section 11.10. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services or NeevCloud Content after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the NeevCloud Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.
“Acceptable Use Policy” means the policy located at Acceptable Use Policy (and any successor or related locations designated by us), as may be updated by us from time to time.
“Account Information” means information about you that you provide to us in connection with the creation or administration of your NeevCloud account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your NeevCloud account.
“API” means an application program interface.
“NeevCloud Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners, or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. NeevCloud Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. NeevCloud Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the NeevCloud Confidential Information.
“NeevCloud Content” means APIs, sample code, software libraries, command line tools, proofs of concept, templates, advice, information, programs (including credit programs) and any other Content made available by us and our affiliates related to use of the Services or on the NeevCloud Site and other related technology (including any of the foregoing that are provided by our personnel). NeevCloud Content does not include the Services or Third-Party Content.
"NeevCloud Contracting Party" means the party identified in the table below-
Account Country - India
NeevCloud Contracting Country - NEEVAI SUPERCLOUD PVT. LTD.
Mailing Address - Building - 1, First Floor, Crystal IT Park (SEZ), Ring Road, Indore, Madhya Pradesh 452014 [email protected]
“NeevCloud Site” means https://www.neevcloud.com (and any successor or related locations designated by us), as may be updated by us from time to time.
“Content” means software (including machine images), data, text, audio, video, or images.
“End User” means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Content, or (b) otherwise accesses or uses the Services under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own NeevCloud account, rather than under your account.
“Indirect Taxes” means applicable taxes and duties, including, without limitation, VAT, service tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
“Policies” means the Acceptable Use Policy, Privacy Notice, the Site Terms, the Service Terms, all restrictions described in the NeevCloud Content and on the NeevCloud Site, and any other policy or terms referenced in or incorporated into this Agreement.
“Service” means each of the services made available by us or our affiliates, including those web services described in the Service Terms. Services do not include Third-Party Content.
“Service Level Agreement” means all service level agreements that we offer with respect to the Services and post on the NeevCloud Site, as they may be updated by us from time to time. The service level agreements we offer with respect to the Services are located at Service Level Agreement (and any successor or related locations designated by us), as may be updated by us from time to time.
“Service Terms” means the rights and restrictions for particular Services located at Terms & Conditions (and any successor or related locations designated by us), as may be updated by us from time to time.
“Suggestions” means all suggested improvements to the Services that you provide to us.
“Term” means the term of this Agreement described in Section 5.1.
“Termination Date” means the effective date of termination provided in a notice from one party to the other in accordance with Section 5.
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your NeevCloud account and any computational results that you or any End User derive from the foregoing through their use of the Services.