These Terms are intended to provide and govern the terms and conditions for your use of the software offered through this Website/App (referred as the “Services”).
Y ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILLAR BUTTON) OR BY ACCESSING OR USING THIS WEBSITE/APP, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE OR ACCESS ALL OR ANY PORTION OF THE WEBSITE/APP.
You may not access this Website/App, if you are Scalex’s competitor, except with a prior written consent of Scalex. In addition, you may not access this Website/App for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
We reserve the right to amend these Terms at any time with no notice to its Users. Your use of the Website/App following any such amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access or use the Website/App, you should read these Terms.
- ELIGIBILITY: Intended for Users 18 and older
- REGISTRATION OF USER ACCOUNT
- USE OF SERVICE
- USER CONTENT
- OUR PROPRIETARY RIGHTS
- HYPERLINKS The Website/App may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked Website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which it provides. Scalex is not a party to any transaction between you and such website. [https://cloudinspot.com/]
- PRIVACY & SECURITY
- THE SITE DOES NOT PROVIDE PROFESSIONAL ADVICE
- USER WARRANTY
- NO WARRANTY
- TERMINATION/ ACCESS RESTRICTION
- PROHIBITED CONDUCT
- Violating laws and rights:
- Impersonation or unauthorized access:
- Scalex reserves the right (but is not obligated) to do any or all of the following: • Remove communications that fail to conform with these Terms; • Terminate a User's access to the entire Website/App or specific features of the Website/App; • Edit or delete any communications posted on the Website/App, regardless of whether such communications violate these standards.
- LIMITATION OF LIABILITY
- Notification Procedures and Changes to the Terms:
- Entire Terms /Severability:
- No Waiver:
- Dispute Resolution:
- Governing Law and Jurisdiction:
This Website/App is intended for the use of Users who are of 18 years of age or older. This Website/App is not directed for use by any User under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Website/App.
The Services are not available to any Users previously removed from the Service by Us. If you are accessing an Account to use the Services on behalf of a User, then you represent and warrant that you:
(i) are an authorized representative of such User
(ii) agree to be bound by these Terms on behalf of such User. We shall not be under any obligation to verify your authority or eligibility. If you do not qualify to be an eligible User, you should not use these Services.
The User shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under his/her Account and you must keep your Account and password secure. Users are prohibited from transferring their Account to any third party. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account. You must
(i) notify Scalex immediately of any breach of security or unauthorized use of your Account
(ii) report to Scalex immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by the Users, and
(iii) not provide false identity information to gain access to or use the Services. You shall be solely responsible for Your acts and omissions. Scalex shall not be liable for any losses caused by any unauthorized use of your Account, loss of data or functionality by the User. We also, at our sole discretion, reserve the right to refuse or cancel registration of any Account which we deem inappropriate.
The Account gives access to the Users to the Services and functionalities that we may establish and maintain from time to time in our sole discretion.
Subject to these Terms, you are hereby granted a fixed-term, non-exclusive, limited, non-transferable, revocable, non-sub licensable, license to use and access the Services in India for your personal, non-commercial use only and as permitted by the features of the Services in accordance with these Terms. Scalex grants you this license as set forth in these Terms, provided that:
(i) you will not copy, distribute, or disclose any part of the Services in any medium
(ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose
(iii) you agree not to sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services
(iv) use the Services to create, promote or market any competing software
(v) interfere with or disrupt the integrity and performance of the Website/App and
(vi) you will otherwise comply with these Terms. Nothing herein contained shall be construed as granted to the User any intellectual property right, which includes copyrights, regarding the Website and/or Services except as expressly provided for hereunder. Scalex reserves all rights not expressly granted herein. Use of the Website for any purpose not expressly permitted by these Terms is strictly prohibited.
You understand and acknowledge that your use of the Services is solely based upon the User content, including but not limited to, all data and materials provided by you to the software for use in connection with the Services, including, without limitation, organizational details, personal data (such as name, email address, birth date, gender, city, country, password ), health information, sleeping patterns, stress levels, anger levels, behavioural patterns, anxiety levels, present mood and personal information, sensitive personal information, and similar other data provided by you on the Website/App (the “Content”). You agree that you shall be solely responsible for collecting, uploading and updating all the Content uploaded on the Website/App, and for ensuring that the Content does not
(i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party; or
(ii) contain anything that is obscene, defamatory, harassing, offensive, malicious, harmful, abusive, invasive of privacy, defamatory, threatening, harassing, embarrassing, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You warrant that your Content is true and accurate at all times and you undertake to update your Content from time to time. If we become aware that the information provided by you is incorrect or false, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
Any and all rights to the Website, App, Services, graphics, images, layouts, logos, trademarks or text thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Scalex and/or its licensors. This Agreement does not grant the User any rights, title and interest in and to Website/App, its contents, and branding thereof including the Scalex intellectual property rights except where expressly and unequivocally licensed herein. Any rights not expressly and unequivocally granted to the User are reserved.
User shall grant to Scalex a worldwide, non-exclusive and non-transferable limited-term license to host, copy, transmit, analyse, process, display, store, configure, and perform the Content solely as necessary to provide the Services to the User.
You may choose to, or we may invite you to submit or you may submit comments or feedback, review, ratings about the Services including without limitation about how to improve the Services and the features of the Website/App. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Scalex under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Scalex does not waive any rights to use similar or related ideas previously known to Scalex or developed by its employees or obtained from sources other than you.
All information offered on the Website/App, including but not limited to recommendations, analysis, health risk, symptoms, suggestions, notifications, status updates, comments and text messages, and advertising, comes from automated systems and software and is for information purposes only. Except for the Content shared by you on the Website/App, all materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, information, audio, videos, music available on the Website obtained from Scalex’s licensors, partners, sponsors, advertisers, and other material contained on the Website/App are for informational purposes only. The results, provided by or using the Services or through any other communications from Scalex, or through this Website/App is not intended as a substitute for, nor does it replace, professional advice. In case of any medical information, the user shall not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider or a doctor because of something he/she may have read on the Website/App. You acknowledge that the provision of Services does not create a medical professional/patient relationship or a doctor-patient relationship. In the event the user experiences a medical emergency, the user shall immediately call a doctor and shall not rely on the results or information on the Website. Nothing stated or posted on this Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine, or other professional health care advice, or the provision of medical care. If you rely on any content provided through the Services, you do so solely at your own risk.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, including your specific medical needs. None of the Services offered through this Website/App represents or warrants that it is safe, appropriate or effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website/App. Scalex does not recommend or endorse any physicians, products, procedures, opinions, or other information that may be mentioned on the Website/App. Reliance on any information appearing on the Website is solely at your own risk.
You hereby represent and warrant that you will access the Services solely within the territory of India and shall indemnify Scalex for any claim arising out of or related to the access of the Services beyond the territories of India.
WE MAKE NO GUARANTEES, REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON OUR SERVICES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT OR TIMELINESS OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, Scalex, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE(S) WILL BE AVAILABLE AT ANY SPECIFIC TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED USING THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Scalex DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Scalex SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
Scalex SHALL NOT BE LIABLE FOR ANY
(i) WRONG INFORMATION, IMPROPER SUGGESTIONS, REPORTS, BEING GIVEN ON THE WEBSITE/APP
(ii) ANY TYPE OF INCONVENIENCE, BODILY INJURY, OR DEATH OF THE USER DUE TO, USE OF THE WEBSITE/APP
(iii), Scalex SHALL ALSO NOT BE LIABLE FOR ANY MEDICAL EVENTUALITIES THAT MIGHT OCCUR SUBSEQUENT TO USING THE SERVICES OR ON THE BASIS OF THE INFORMATION AVAILABLE ON THE WEBSITE/APP, NOR SHALL Scalex BE LIEBALE FOR ANY CLAIM ARISING OUT OF THE USE OF THESE SERVICES BEYOND THE TERRITORY OF INDIA.
IN ADDITION, Scalex DOES NOT WARRANT THAT USE OF THE WEBSITE/APP WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Scalex reserves the right, in its sole discretion, to terminate your access to the Website/App and the related Services or any portion thereof at any time, without notice. Your right to access and use the Website terminates automatically upon your material breach of any of the of these Terms. Scalex reserves the right to change, suspend or discontinue all or any aspects of the Website/App at any time without prior notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scalex because of these Terms or use of this Website/App. Scalex's performance of these Terms are subject to applicable laws and legal process, and nothing contained in these Terms are in derogation of Scalex's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website/App or information provided to or gathered by Scalex with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
You agree not to engage in any of the following activities:
You may not
(a) use the Website/App for any illegal purpose or in violation of any local, state, national, or international laws
(b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Website/App, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Website/App in any manner that could disable, overburden, damage, or impair the Website/App, or interfere with any other party’s use and enjoyment of the Website; including by
(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
(b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website/App, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or User when using the Website/App; You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Website/App, or the computer systems or networks connected to the Website/App, through hacking password mining or any other means. You may not attempt to disable, "hack" or otherwise interfere with the proper functioning of this Website/App.
You agree to defend, indemnify and hold harmless Scalex and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
(i) your use of and access to the Services, including any data or Content transmitted or received by you
(ii) your violation of these Terms
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights
(iv) your violation of any applicable law, rule or regulation
(v) user content or any other information or content that is submitted through your Account including without limitation misleading, false, incomplete or inaccurate information; you’re your negligent or wilful misconduct.
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT, SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE/APP OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF MEDIACL PRACTITIONERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE WEBSITE/APP OR THE SERVICE.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scalex without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
Scalex may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you through an email or messages, or through posting of such notice on the Website/App, as determined by Scalex in its sole discretion. The Users may also choose to discontinue receiving such notification as described in these Terms. Scalex is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms, together with any amendments and any additional agreement you may enter with Scalex in connection with the Service, shall constitute the entire agreement between you and Scalex concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Scalex’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any dispute or claim relating in any way to your use of any Scalex Service, by Scalex or through Scalex will be resolved by binding arbitration, to be conducted by an arbitrator appointed by Scalex. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and the seat of the arbitration shall in Pune. The language of the proceedings shall be English, and the award of the proceedings shall be final and binding on the parties.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The Courts/Tribunals in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms.
Thank you for your cooperation. We hope you find the Website/App helpful and convenient to use! Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via registered mail to: email@example.com. We try to answer every email in a timely manner but due to volume may not always be able to do so.