Better Cloud Terms of Use And End-User License Agreement

Last Updated: September 2019

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS BETTER CLOUD END-USER LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY THIS WEBSITE (COLLECTIVELY, THE "SOFTWARE").

 

THE SOFTWARE IS A SERVICE OF BETTER CLOUD SOLUTIONS LTD, (“BETTER CLOUD“) A CYPRUS COMPANY. THIS IS A LEGAL AGREEMENT BETWEEN BETTER CLOUD AND YOU.

 

THIS EULA AND THE BETTER CLOUD PRIVACY POLICY, ALL OF WHICH IS INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE “EULA”), GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.

 

In the event of a conflict between this EULA and the Privacy Policy, the Privacy Policy will govern. Better Cloud is willing to sublicense the Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Accept” button (or similar language provided by us) or by downloading, installing, or using the Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms.

 

If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then Better Cloud is unwilling to sublicense the Software to you and you may not access or Use any of the Software. Any Use of the Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.

1. Better Cloud reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Better Cloud materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Software via a hyperlink or by other reasonable means to notify you of the changes. Better Cloud will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Software after Better Cloud has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Better Cloud that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
2. The Software.
   The Software is a Chrome extension that makes a search box available at the top of your currently open web page in your current tab. It allows you faster access to Yahoo! search engine as well as access to the application's home page. Search results are provided by Yahoo!™. The Software does not make any changes to any of your browser settings. You can hide and hide the search bar at any time. By Downloading or Using the Software, you agree that you have approved the behavior as described above and you allow the following:
   1. Allow software updates of the Software once a new version is released and the ability to send you notifications;
   2. Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
   3. Allow automatic start of the application with Chrome and automatic opening of the application homepage.
   4. Allow the Software to automatically communicate with our servers in order to deliver the functionality described above.
   To uninstall the Software, you may use the standard procedures offered by Chrome: click Menu > More Tools > Extensions, and then choose the software you want to remove.
3. SubLicense to Software and Use.
   1 Conditioned upon your compliance with the terms and conditions of this EULA, Better Cloud hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable sublicense to download, install, enable, and use the Software on a single computer or device (whether mobile device or other), solely for your personal use, provided that you Use the Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Software for backup purposes. Better Cloud reserves all rights in the Software not expressly granted to you in this EULA.
4. License Restrictions.
   1 Except as expressly specified in this EULA, you may not:
   (a) copy or modify the Software;
   (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or
   (c) Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Better Cloud and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Software provided in object code or any other Better Cloud products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
   4.2 Any Open-Source Software that may be accompanying the Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the Software. This EULA does not apply to any Open-Source Software accompanying the Software and Better Cloud hereby disclaims any and all liability to you or any third party related thereto.
   4.3 The Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
   4.4 You may not Use the Software in any manner that could:
   (i) damage, disable, overburden, or impair the Software (or any server or networks connected to any Better Cloud Software, or
   (ii) interfere with any third party's use and/or enjoyment of the Software (or any server or networks connected to the Software).
5. Updates; Modifications; Additional Services; Tests.
   1 The Software may automatically download and install updates from Better Cloud from time to time. In addition, Better Cloud may automatically configure the Software to perform certain functions required within the operation of the Software. The Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in the Software, including Software Updates and/or material changes of this EULA, Better Cloud will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and using the Software you agree to receive such Software Updates (and permit Better Cloud to deliver these to you) as part of your Use of the Software. If you do not agree to such changes, you may uninstall the Software that resides on your computer, according to the guidelines set forth below.
   5.2 The Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By using the Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the Software you may periodically send technical data and related information to Better Cloud to facilitate the provision of updates, product support, and other services to you, if any, related to the Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Better Cloud may conduct A/B testing and change the look and feel of the Software or add additional features in order to improve your experience with the Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, https://websbcluster.com/. and on the webpage where this Agreement is posted, https://websbcluster.com/terms.html.
   5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Better Cloud Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
   5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Software, is to uninstall the Software.
6. Proprietary Rights.
   1 The Software is licensed, not sold, to you. You acknowledge and understand that Eighpoint owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Software is protected by copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
7. OMITTED
8. Privacy and Legal Rights.
   1 The Better Cloud Privacy Policy (available at: https://websbcluster.com/privacy.html) contains information about Better Cloud's data protection policies and explains how Better Cloud accesses, collects, uses, and/or shares information that is generated by your Use of the Software. By downloading and Using any of the Software, you consent to Better Cloud’s use of your data in accordance with Better Cloud 's Privacy Policy.
   8.2 The Software collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. Better Cloud also collects information about changes made your browser home page.
   8.3 Better Cloud prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Better Cloud, in its sole discretion, as part of its terms of service and user agreements.
   8.4 In the event that Better Cloud goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
9. Your Obligations.
   1 You hereby acknowledge and agree to only Use the Software as permitted in this EULA.
   9.2 You agree to comply with all applicable laws, rules, and regulations when using the Software. You will not Use the Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
   9.3 You agree that you are solely responsible for (and that Better Cloud has no responsibility to you or to any third party) your Use of any Third Party Software or App, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Better Cloud may suffer) of any such breach. Minors. To Use the Software, you must be at least eighteen (18) years of age. We reserve the right to request proof of age at any stage, so that we can verify that minors under the age of eighteen (18) are not using the Software. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Software, we will prohibit and block such a user from accessing the Software, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in the Software Privacy Policy) with regard to such a user, as applicable. By downloading and using the Software, you represent that you are at least eighteen (18) years of age.
10. No Obligation.
    Better Cloud is not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Software at your own risk and that Better Cloud shall not have any liability to you with respect to such content.
11. Disclaimer of Warranties.
    In addition to the limitations of Better Cloud’s liability expressly contained in this Agreement, Better Cloud further disclaims any warranty related to your Use of the Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. The Software IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. Better Cloud DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Better Cloud OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Better Cloud DOES NOT REPRESENT OR WARRANT:
    (I) THAT THE SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
    (II) THAT THE OPERATION OF THE SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR
    (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. Better Cloud MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Better Cloud SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability.
    IN NO EVENT WILL Better Cloud, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT Better Cloud WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Better Cloud'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Choice of Law and Venue.
    This Agreement shall be interpreted and enforced in all respects under the laws of the State of Florida, United States as applicable to contracts to be performed entirely within Florida. Any litigation arising out of this Agreement will be brought solely and exclusively in the courts located in United States. All parties accept and agree that this Paragraph 15 shall apply retroactively to all previous versions of this Agreement.
14. To the maximum extent permitted by law, you agree to defend, indemnify, and hold Better Cloud harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Software, including your downloading, installation, or Use of the Software, or your violation of this EULA.
15. Term and Termination.
    Your sublicense to Use the Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Software and by destroying all copies of the Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Better Cloud’s request either promptly destroy or return to Better Cloud all copies of the Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
16. (a) This EULA and all the policies referenced herein constitute the entire agreement between Better Cloud and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Better Cloud.
    (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
    (c) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Better Cloud reserves the right, at our discretion, to update or revise this EULA.
    (d) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
    (e) You may not assign your rights under this EULA to any party without Better Cloud’s consent. Better Cloud may assign or transfer this Agreement or any rights or delegate any obligations of Better Cloud hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Better Cloud will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
    (f) If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
    (g) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Better Cloud, and you do not have any authority to create any obligation or make any representation on Better Cloud’s behalf. If you need to contact us, please email us at contact@Better Cloudltd.com or you can send a letter to:

Better Cloud Solutions Ltd
Viktoros Ougko, 10, Germasogeia
Limassol, Cyprus 4045
contact@Better Cloudltd.com