PAKIA SOFTWARE SERVICES LLC.-TERMS AND CONDITIONS
The following terms and conditions apply to all those who sign up at Cloudagency application (“app” or “cloudagency”). Please read the terms below carefully. If you consider the content of this agreement unclear, contact us at email@example.com.
Pakia Software Services LLC provides software solutions for insurance agencies, agents and brokers.
By clicking at “I accept the terms and conditions” checkbox at Cloudagency registration page you agree to be bound at this Agreement. If you are not willing to be bound do not sign up or use this software.
GENERAL TERMS AND CONDITIONS
THIS AGREEMENT is made by and between Pakia Software Services LLC (“we” or “Company”) and the User of Cloudagency (“you”, or “User”).
Pakia Software Services developed Cloudagency (“cloudagency”, “software” or “app”) including all its updates and related material.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree the following:
- Pakia Software Services LLC reserves the right to modify or terminate the Software or your access to the Software program for any reason, without notice, at any time, and without liability to you.
- The Licence of use is exclusive and non-transferable from effective date of agreement without prejudice to the following terms and conditions. Use of Cloudagency services is only allowed for private and professional use or for internal business purposes.
- Access to Cloudagency is possible from any internet browser. Internet access, hardware or any equipment required to use Cloudagency is responsibility of the user.
- Cloudagency services may include announcements, such us service announcements, administrative messages or newsletters. The User understands that those announcements are part of Cloudagency Services. In our policy for total protection of personal data we also provide the choice of not receiving newsletters. However, there is no choice for not receiving software announcements and system notifications.
- The User agrees to notify Pakia Software Services LLC for any problems of the software. If the User desires may propose changes or any idea for improvement of the software or send feedback on quality, usability and performance. All rights, titles, interests, including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights of such improvements and feedback are property rights of Pakia Software Services LLC.
- The user understands and agrees that the use of Cloudagency Services is sole responsibility of the user. Cloudagency expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability and aptness for a particular purpose. Cloudagency provides no guarantee that the Services will be continuous, timely, secure or virus free. The User assumes all risks and costs associated with the use of this software. In no event shall Pakia Software Services LLC be liable for any damage whatsoever arising out of the use of or inability to use Software, even if Pakia Software Services LLC has been advised of the possibility of such damages.
- Cloudagency will under no circumstances be liable for any consequential, incidental, indirect, special or other loss or damage or loss of profits, business disruption, computer failure, loss of business information or other damages resulting from or caused from the use or inability to use any Cloudagency Services, even if Cloudagency has consulted about the likelihood of such damages. Unique and exclusive compensation for any dispute between the User and Cloudagency related to any of the Services will be the termination of this Service. Under no circumstances will Cloudagency’s total liability to the User for any service, whether direct or indirect, exceed the fees paid by the User to that service.
- The User agrees that the Application is the exclusive property of Pakia Software Services LLC together with all the valuable commercial secrets of Pakia Software Services LLC. The User agrees to use the Software as confidential and agrees that without the express authorization of Pakia Software Services LLC will not:
copy, sell or market the Software to any third party
publish or otherwise disclose information relating to performance or quality of the Software to any third party
modify, reuse, decompile, reverse engineer or otherwise translate Software or any portion thereof.
- In addition to all other terms and conditions of this Agreement, the User shall not: (i) transfer or make available to any third party the Cloudagency Services (ii) to provide any service based on Cloudagency Services without prior written consent (iii) uses Cloudagency Services for spamming and other illegal purposes.
- We store and maintain on our facilities files, documents and other data stored in the user account. In order to avoid loss of data due to system errors or failures, we are backing up the data, including the contents of your user account. Therefore, your files and data remain on our servers even after you delete or terminate the user account. We assure that your user account data will not be accessible to any third party. We also do not process your user account data to serve targeted ads.
- We provide users with access to their personal information. Users can correct, update, or remove any personal information, either by accessing a user account or by contacting Cloudagency’s customer support service. These changes may take up to 48 hours to take effect. We must answer all your questions within 10 business days.
- The User agrees that Cloudagency services will not use Cloudagency services for illegal purposes or to share content that is illegal, annoying, defamatory, violating the privacy of the other, abusive, threatening, harmful, vulgar, pornographic, obscene, repudiated, offensive to religious beliefs, promoting racism, containing viruses, violating or violating intellectual property or rights the other ‘s. Cloudagency Services will not be used to transmit “junk mail”, spam emails, “chain letters”, “phishing” or voluntary bulk email distribution.
- We reserve the right to terminate or suspend User’s access to Cloudagency Services if there are reasonable grounds to believe that the User has used the Services for any illegal or unauthorized activity or extended periods of inactivity or requests from law enforcement or other government agencies. We will also terminate the user account at a user request. In addition, we reserve the right to terminate the user account and prohibit the services after reasonable assurance that the Terms have been violated. Termination of the user account will include refusing access to all Cloudagency Services, deleting user account data such as email address and password, and deleting all data in the user account.
- Cloudagency’s website is certified and secured by the GeoTrust certification service. Cloudagency website has a $5,000 security guarantee. This means that the user account is insured for up to $5,000, citing the information provided by the Authority on this site. Clicking on the security image next to the browser address bar shows the information about our certificate.
- This Agreement shall be governed, construed and enforced in accordance with the laws of Hellenic Republic. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
- This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
- Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
- Failure of Pakia Software Services LLC to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
- If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.