10 months ago

Terms of Service

Terms & Conditions of Corz Cloud platform with effect from 01-Oct-2020

Welcome to the “Corz Cloud Platform”. The content of this Platform is the property of Corz Global Private Limited, having its registered office at No.51/2 & 3, Devarabeesanahalli & Kariyammana Varthur Hobli, Tower-B of Mantri Commercio, Bangalore, India – 560103 (the “We/Our/Corz/Company”). The Company is in the business of providing a Platform to provide software services pertaining to effective cost management for cloud services availed by third persons (“Software”). Pursuant to a user/You successfully registering with Us, You are required to configure the enterprise cloud connectors to connect to Your AWS, Azure or GCP account. Upon successful configuration, the Software shall analyze your usage of cloud services procured by You, recommendations on how to minimize such costs and based on Your permissions, execute such actions to reduce costs which are based on the recommendations generated by the Software (“Services”). 

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.

We request you to carefully go through these terms & conditions (“Terms & Conditions”) to understand the different features of our Services. By registering with the Company to avail our services, you irrevocably accept all the obligations stipulated in the Terms & Conditions and agree to abide by them. Accessing the Platform through any medium, including but not limited to services on mobile phones, are also subjected to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you.

Please Read These Terms and Conditions Carefully Before Using This Platform

If you do not agree with these Terms & Conditions, you may not use this Platform.  By using this Platform, you signify your agreement to these Terms & Conditions as well as the Platform’s Privacy Policy which is hereby incorporated by reference herein). These Terms & Conditions set out the legally binding terms of the services available on the Platform as well as at the terms of use of this Platform.  We reserve the right to modify or terminate any portion of the Platform or the services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms & Conditions periodically. The Company may require you to provide your consent to the updated Terms of Use in a specified manner before any further use of the Platform and the Services. If no such separate consent is sought, your continued use of the Platform will constitute your acceptance of such changes. It is clarified that notwithstanding Your Subscription for any particular plan on the Platform, Corz shall be entitled to modify the scope of the Services from time to time and such modification shall be displayed on the Platform by way of a notification. Your continued use of the Platform shall indicate your acceptance to the amended scope of Services.

Nothing in the Terms & Conditions should be construed to confer any rights to third party beneficiaries.

  1. Registration
    1. If You wish to procure Services on the Platform, You shall register on the Platform by filling in your email address provided to You for the purpose of procuring the Services and the relevant password thereto. You can change the password upon logging into the Platform. 
    1. Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Platform and shall not use the Services on the Platform. As a minor if you wish to use or transact through the Platform, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to terminate your access to the Platform if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years. It is clarified that use of the Platform shall be permitted only as long as You continue to be an employee of the Corporate Entity.
    1. You shall be solely liable to ensure that Your login details are not shared or disclosed with any third party and the Company shall not be responsible in any manner for any losses arising out of misuse of an account unless such misuse directly arises out of any act or omission of the Company. 
    1. You are responsible for maintaining the confidentiality of your account and password and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password including any subscriptions made
    1. You agree to (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
    1. You shall ensure that the account details provided to us through the Platform are correct and complete at all times. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
    1. The Company will endeavor to ensure that access to and availability of the Platform remains uninterrupted and error free. However, access to the Platform may occasionally be suspended or restricted to allow for updates, repairs, maintenance, or for the introduction of new facilities and services.
  2. Limited License For Access
    1. The Company grants you a limited license to access and make personal use of this Platform, but not to modify it (or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable This license does not include any resale or commercial use of this Platform or its contents; any collection and use of any service listings, descriptions, catalog images or prices, any derivative use of this Platform or its contents, any downloading or copying of catalog images, account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).
    1. This Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and / or its affiliates, as may be applicable.
    1. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates’ names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.
    1. You shall not use the Platform in any way that causes, or may be likely to cause damage or impairment to the Platform or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You shall not use the Platform to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which you do not have any right; (ii) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) harms minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Platform and/or the Services; and (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation.
    1. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the internet.
    1. You will not delete or modify any content on the Platform and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  3. General Responsibilities 
    1. While the Company will, on a best efforts basis, provide full functionality of the Platform, the usage of the Platform may be halted for short periods of time in the event of
      1. planned downtime (of which We shall give prior notice and which We shall schedule to the extent practicable during the weekend hours from [●]), or 
      1.  any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks.
    1. It is clarified that the Services provided to You by the Company are for your benefit only and the Company does not derive any commercial benefit from the same. You agree that at no point shall You be regarded as an employee or contractor of the Company and you are not entitled to any benefits provided by the Company to its personnel.
    1. You are responsible for obtaining the data network or internet access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device and You shall be responsible for such rates and fees.
    1. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  4. Offers 

The Company may, from time to time, provide offers on the Services listed on the Platform. Such offers shall be made solely at the discretion of the Company and may also be withdrawn at the discretion of the Company.

  • Trial and Updates
    • The Company may offer Services to you at no cost during a trial period. The duration of the trial period shall be determined by the Company at its sole discretion. However, You shall be bound by these Terms of Use during the trial period. Please note that the Company shall have the flexibility to determine the duration of the trial period or amend it at its sole discretion. Upon the expiration of the trial period, You may at your option, provide the necessary information required to subscribe to the Services.
    • Any enhancements, new features or updates (“Updates”) to the Service, if rolled out by Corz, are also subject to these Terms and Corz reserves the right to deploy Updates at any time.
  • Subscription plans
    • The Services are provided on the basis of plans which are displayed on the Platform. The terms of such plans may restrict the number of Users or provide additional functionalities which may differ from plan to plan. The Company reserves the right to amend the terms of any subscription plan displayed on the website without prior information to You. However, if You have subscribed to a Plan, you shall be provided the Services on the basis of the terms and conditions under the Plan which You had subscribed to. In the event you wish to continue to avail the Services, You will be required to sign up and accept the terms and conditions of the amended Plan introduced by the Company.
  • Subscription fees
    • You are required to pay a monthly subscription fee to avail the Services as per the plans introduced by the Company from time to time to avail the Services (“Subscription Fees”). The Company reserves the right to amend the Subscription Fees and also to amend the terms of any plan which correspond to the Subscription Fees and should you decide to avail or continue with the Services, the revised Subscription Fees shall be applicable to you. Changes to the fee policy will be posted on the Platform and such changes shall become effective immediately after they are posted on the Platform.
    • The Subscription Fees for a Plan shall be payable on an advance basis. Unless otherwise stated in a Plan, at the end of each month, Your subscription will automatically renew for another month at the then prevailing charges unless terminated in accordance with these Terms. In the event that the Company amends the terms of a Plan, You will have to grant consent to the Company to proceed the renewal on the amended terms and conditions of the Plan.
    • A valid payment method, including credit card or wire transfer, is required to process the payment for Your subscription. You shall provide Corz with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, You automatically authorize Corz to charge all Subscription Charges incurred through Your Account to any such payment instruments.
    • Corz will notify You in the event that Corz does not receive payment towards Subscription Charges within the due date i.e. [●] date of every month for the Services to be provided in the following month failing which in addition to the right to other remedies available under law, (i) Corz may suspend Your access to and use of the Service(s) until Corz receives Your payment towards the Subscription Charges as specified; and/or (ii) terminate Your Account;
    •  You agree that until Your Account is terminated Your subscription shall automatically be renewed at the Subscription Charges prevalent at the time of such renewal, even if you do not use our Service. Subscription Charges are non-refundable unless expressly agreed to by Corz.
  • Liability with respect to the cloud services availed
    • The Company takes no responsibility for Your compliance towards any conditions or terms of contract between You and a cloud service provider. The Company does not analyze compliance of your obligations with respect to usage of the cloud services by an authorized provider. Further, the Company does not confirm or acknowledge the relevance, requirement or suitability of any cloud services availed by You.
    • You acknowledge that the Company is only involved in the profiling and analysis of the usage of Your cloud services and based on such analysis, provides recommendations to You with respect to effective cost management. Please note that the recommendations of the Company are based on Your usage of the cloud services and therefore, may fluctuate from time to time. Further, You agree that any recommendations provided by the Company are purely indicative and are not binding on You. Should you choose to give effect to any recommendations, You can permit the Company to take the required actions for enabling cost reduction in your usage of cloud services or enabling better usage and eliminating wastage of any cloud services that You may have procured. Please note that the Company does not implement any recommendations without Your consent and therefore, You agree to be bound by any actions taken by the Company in implementing its recommendations which You have expressly permitted. 

We reserve the right to make changes to our Platform, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the Platform or at the time you place service requests through our Platform, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

We will not be responsible in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company’s reasonable control including, without limitation, acts of god, pandemics, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company. You further acknowledge and agree that the Company shall not be responsible or liable for (a) any incompatibility between the Platform and/or Services and any other website, application, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.

In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Platform, please report to support@corz.io.

You confirm that you have read, fully understand and accept the Privacy Policy.

If you have any grievance with respect to the Platform or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at info@corz.io.

Corz will provide technical support and other support services to You. You may request support by e-mailing support@corz.io or through other channels notified to You by Corz. You agree that Corz shall not have an obligation to provide support for the following: (a) restoration of any data that has been lost due to Your failure in maintaining backup copies, (b) the issue is due to (i) a failure on Your part to use the Service(s) in accordance with the technical documentation provided by Corz, including any minimum Service(s) requirements; (ii) any accident or disaster affecting Your network or systems; (iii) modifications or alteration made by You without Corz’s approval and (c) Your failure to install updates or improved versions of the whole or part of the Service(s) provided by Corz; (d) where the Services or its domains are not whitelisted by You or Your ISP.

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Company’s platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

You have read these Terms & Conditions and agree to all of the provisions contained above