Terms of Use

1. Agreement to these terms

These Terms of Use (“Terms”) govern your access to and use of cloudnodeit.com and its content (the “Site”), operated by CloudNode (“CloudNode”, “we”, “us”, “our”). By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.

If you use the Site on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” means both you and that organisation.

2. The Site does not create an engagement

Nothing on the Site constitutes an offer to provide services. Accessing the Site, submitting the contact form, subscribing to the newsletter or exchanging correspondence with us does not create a client relationship, a professional relationship, a partnership, a joint venture, a fiduciary relationship, or any duty of care, and does not oblige either party to proceed.

CloudNode provides services only under a separate written agreement signed by both parties, which sets out scope, fees, warranties, confidentiality, data protection, intellectual property and liability for that work. Where such an agreement conflicts with these Terms in relation to the services, the signed agreement governs.

3. No professional advice

The content of the Site is general information about how we work. It is not legal, financial, tax, accounting, security, regulatory, architectural or engineering advice, and it is not tailored to your circumstances. You should not act or refrain from acting on it without obtaining advice appropriate to your situation.

Descriptions of our frameworks, methods, research summaries and case material illustrate our approach. They are not a representation, warranty or guarantee of any particular outcome, saving, timeline or result in your environment.

4. Statements about products in development

The Site refers to products that are in development, including Bentobox and Healins. Any description of a product, capability, feature, roadmap or timing that is not yet generally available is a statement of current intention only. It may change, be delayed, or be discontinued at any time without notice, and it is not a commitment, promise or legal obligation to deliver anything. Do not make purchasing or planning decisions in reliance on it.

5. Intellectual property

The Site and all of its content — text, graphics, layout, diagrams, logos, icons, images, code and the selection and arrangement of them — are owned by CloudNode or its licensors and are protected by United States and international copyright, trademark and other intellectual property laws.

CloudNode, Manogic, Bentobox, Healins, the CloudNode mark and the Manogic mark are trademarks of CloudNode, whether or not registered. Other names and marks appearing on the Site are the property of their respective owners, and their appearance does not imply any affiliation with or endorsement by them.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Site and to display, download or print a single copy of its content for your own internal, non-commercial reference, provided you keep all copyright and other proprietary notices intact. No other right or licence is granted, expressly or by implication.

6. Restrictions on use

You may not, and may not permit any other person to:

• copy, reproduce, republish, distribute, sell, licence or exploit any part of the Site commercially without our prior written consent;
• scrape, crawl, spider, index or otherwise systematically extract content, other than lawful search-engine indexing that respects our robots.txt;
• use any part of the Site to train, fine-tune or evaluate a machine-learning or artificial-intelligence model, or to build a dataset for that purpose, without our prior written permission;
• reverse engineer, decompile or disassemble any part of the Site, or attempt to derive source code, except to the extent that restriction is prohibited by law;
• circumvent, disable or interfere with security-related features, or probe, scan or test the vulnerability of the Site or any connected system;
• introduce malware, or impose an unreasonable or disproportionate load on our infrastructure;
• misrepresent your identity or your affiliation with any person or organisation;
• frame, mirror or present any substantial portion of the Site as your own; or
• use the Site for any unlawful purpose or in breach of these Terms.

7. What you send us

Unless it is covered by a signed non-disclosure or engagement agreement, any material you send us through the Site or by email is non-confidential and non-proprietary. Do not send anything you are not free to disclose, and do not send confidential information belonging to a third party.

You grant us a non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce and store that material for the purpose of responding to you, maintaining our records and operating our business. If you send us suggestions, ideas or feedback about our services, we may use them for any purpose without obligation, attribution or compensation to you.

You are responsible for ensuring that anything you submit is accurate, lawful, and free of malware.

8. Third-party links

The Site may link to third-party websites, research or resources. We do not control them, do not endorse them by linking to them, and are not responsible for their content, accuracy, availability, or their handling of your information. Your use of them is at your own risk and subject to their terms.

9. Availability and changes to the Site

We may change, suspend, restrict or discontinue the Site or any part of it at any time without notice, and we are not liable to you for doing so. We do not undertake to keep any content current.

10. Disclaimers

The Site and all of its content are provided “as is” and “as available”. To the fullest extent permitted by applicable law, CloudNode disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or quiet enjoyment.

We do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, that the Site or its servers are free of harmful components, or that the content is accurate, complete or current.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case our warranties are limited to the minimum extent permitted by law.

11. Limitation of liability

To the fullest extent permitted by applicable law, neither CloudNode nor its officers, members, directors, employees, contractors, agents or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, anticipated savings or business interruption, arising out of or in connection with your access to or use of (or inability to use) the Site, whether based in contract, tort (including negligence), strict liability, statute or any other theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Site will not exceed one hundred United States dollars (US$100).

These limitations do not apply to liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation. They also do not limit or vary the liability provisions of any signed services agreement between us, which govern that engagement independently.

12. Indemnification

You agree to indemnify, defend and hold harmless CloudNode and its officers, members, directors, employees, contractors and agents from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or related to your use of the Site, your breach of these Terms, your violation of any law, or your infringement of the rights of any third party.

13. Export control and sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to United States embargo or comprehensive sanctions, and that you do not appear on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control, sanctions and anti-corruption laws in connection with your use of the Site.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Texas, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You agree that the state and federal courts located in Williamson County, Texas have exclusive jurisdiction over any such dispute, and you consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

15. Time limit for claims

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arises, failing which it is permanently barred.

16. Changes to these Terms

We may revise these Terms at any time by posting an updated version on this page with a new effective date. Your continued use of the Site after a change takes effect constitutes acceptance of the revised Terms. Please check this page periodically.

17. General

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Site, and supersede any prior understanding about it. Headings are for convenience only. There are no third-party beneficiaries. The English-language version of these Terms controls.

18. Contact

CloudNode
3835 Co Rd 175, Unit 910
Leander, Texas 78641
United States
hr@cloudnodeit.com