Our Terms of Use
These Terms of Service (hereinafter the “Terms”) are entered into between CLOUDGENTIC AI, INC. (hereinafter “we”, “us”, “our”, or the “Company”) and you (hereinafter “user” or “you”), governing your access to and use of our official website (hereinafter the “Website”) and all associated products, services, features and content provided by us (collectively, the “Services”).
By accessing, browsing or using our Services, you acknowledge that you have carefully read, fully understood and unconditionally agree to abide by these Terms, our Privacy Policy, and any other supplementary rules or guidelines published on the Website from time to time. If you do not agree with any part of these Terms, you must immediately cease accessing or using our Services.
We reserve the right to revise, update or amend these Terms in response to applicable laws and regulations, business development and technological advancements. Any revisions shall take effect upon publication on the Website. Your continued use of the Services after revisions take effect constitutes your acceptance of the amended Terms. We encourage you to review these Terms periodically for the latest updates.
1. Scope of Services
1.1 We provide the following core services to users via the Website, subject to these Terms and applicable law: (a) Information technology consulting services; (b) Technical support and maintenance services; (c) Provision of industry‑related information and content; (d) Other value‑added IT services as announced on the Website from time to time.
1.2 We strive to deliver the Services in a stable and secure manner, yet we reserve the right to adjust, suspend or terminate part or all of the Services without prior notice for technical upgrades, system maintenance, legal‑compliance requirements or other reasonable grounds.
1.3 The Services we provide are for your personal or lawful business use only. You may not resell, lease, sublicense or otherwise transfer the Services to any third party without our prior written consent.
2. User Obligations and Liabilities
2.1 When using our Services, you shall comply with applicable laws and regulations of the United States, the jurisdiction where you reside, as well as international conventions and norms. You must not use the Services for any unlawful, unethical or harmful purposes, including but not limited to: (a) Infringing upon intellectual‑property rights, privacy rights, reputation rights or other legitimate rights and interests of the Company or any third parties; (b) Uploading, transmitting or disseminating false, defamatory, harassing, obscene, violent or other unlawful information; (c) Engaging in hacking, phishing, virus dissemination or other activities that impair network security and the Company’s systems; (d) Using the Services for fraud, money laundering or other criminal activities; (e) Other acts that violate these Terms or disrupt the normal operation of the Services.
2.2 You shall use the Services in a reasonable manner. You must not overload, damage or improperly use our servers, systems or network resources. You shall not bypass, tamper with or attempt to circumvent technical restrictions of the Services, nor shall you modify, decompile, reverse‑engineer or disassemble any software or code associated with the Services.
2.3 You acknowledge that you bear full responsibility for any content, data or information you upload, submit or transmit through the Services (hereinafter “User Content”). You warrant that you hold the legal right to own, use and transmit such User Content and that it does not infringe upon any third‑party rights. We reserve the right to review, delete or block any User Content that violates these Terms or applicable law without prior notice.
3. Intellectual Property
3.1 All intellectual‑property rights in the Services, including but not limited to software, code, text, images, logos, trademarks, patents, copyrights and trade secrets, belong to us or our licensors. Such intellectual‑property rights are protected under applicable intellectual‑property laws and international treaties. You shall not infringe any of our intellectual‑property rights without our explicit written authorization.
3.2 You grant us a non‑exclusive, worldwide, royalty‑free license to use, store, display, reproduce and distribute your User Content for the purpose of providing the Services. This license shall terminate when you delete your User Content or cease using the Services, except for User Content that has been anonymized or de‑identified and can no longer be linked back to you.
3.3 Any feedback, suggestions or ideas you provide regarding the Services (hereinafter “Feedback”) shall become our exclusive property. We may use, modify, develop and commercialize such Feedback without paying any compensation or obtaining additional consent from you.
4. Disclaimers
4.1 The Services are provided on an “as‑is” and “as‑available” basis. We make no representations or warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non‑infringement and reliability. We do not warrant that the Services will be uninterrupted, error‑free, secure or free from viruses or other harmful components.
4.2 We do not warrant the accuracy, completeness, timeliness or validity of any information, content or data provided through the Services. You shall exercise independent judgment and bear all risks associated with your use of such information.
4.3 The Website may contain links to third‑party websites or services. Such links are provided solely for your convenience. We do not control or endorse such third‑party websites or services. We shall not be liable for any loss or damage arising from your access to or use of third‑party websites or services. You are advised to read their terms of service and privacy policies before using third‑party services.
4.4 We are not liable for any loss or damage caused by force majeure, third‑party attacks, network failures, system malfunctions or other factors beyond our reasonable control.
5. Limitation of Liability
5.1 To the fullest extent permitted by applicable law, we shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including but not limited to lost profits, loss of data, lost business opportunities or damages arising from personal injury, even if we have been advised of the possibility of such damages.
5.2 To the fullest extent permitted by applicable law, our total aggregate liability to you for any direct damages arising out of the Services or these Terms shall not exceed one hundred United States Dollars (USD 100) or the total amount you have paid to us for Services over the preceding twelve‑month period, whichever is higher.
5.3 The foregoing liability limitations shall not apply to damages caused by our willful misconduct, gross negligence, fraud or violation of applicable law.
6. Termination
6.1 These Terms shall take effect upon your first access to or use of the Services and shall remain in force until terminated by either party.
6.2 You may terminate these Terms and cease using the Services at any time by stopping your access to the Website. Your decision to terminate shall not affect any rights or obligations accrued prior to termination.
6.3 We may immediately terminate these Terms, suspend or terminate your access to the Services without prior notice if: (a) You breach these Terms or our Privacy Policy; (b) You engage in unlawful activities or conduct that harms the interests of the Company; (c) We are required to do so by applicable law or regulatory authorities; (d) The Services are discontinued or subject to material adjustments for business reasons.
6.4 Upon termination of these Terms, we will cease providing the Services to you, yet we may retain your personal information in accordance with our Privacy Policy and applicable law. You shall be liable for all losses incurred by us or any third parties prior to termination resulting from your breach of these Terms.
7. Dispute Resolution and Governing Law
7.1 These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict‑of‑law principles.
7.2 Any dispute, claim or controversy arising out of these Terms or the Services shall first be resolved through good‑faith negotiation between you and us. If negotiations fail, disputes shall be submitted to the competent courts located in Queens County, New York, which shall have exclusive jurisdiction.
7.3 For residents of the European Economic Area, this Section does not prejudice your right to file a complaint with the data‑protection authority of your member state of residence or resolve disputes through alternative dispute‑resolution mechanisms provided under applicable law.
8. Miscellaneous
8.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from these Terms, and the remaining provisions shall remain in full force and effect.
8.2 Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
8.3 These Terms, together with our Privacy Policy and any supplementary rules, constitute the entire agreement between you and us with respect to the Services, superseding all prior oral or written agreements, understandings and arrangements.
8.4 We may assign these Terms as well as our rights and obligations under this Agreement to any third party in connection with a merger, acquisition, asset sale or other business transfer. You may not assign these Terms without our prior written consent.
9. Contact Us
If you have any questions, comments or disputes regarding these Terms, please contact us via the following channels:
Company Name: CLOUDGENTIC AI, INC.
Email: [email protected]
Mailing Address: 7344 Austin St APT 5V, Forest Hills, NY 11375, United States