Choice cloud’s license agreement Software
Please read the following terms and conditions before using Choiceclouds downloaded software or hosted services. Using the software, it means you accept these terms and conditions and understand that they will be legally binding on you and Business Choice Integrated Concerns Ltd operating as a Choice Cloud along with her sister company Choice Cloud Synergy Ventures Ltd. If you do not agree with these terms and conditions, or do not want them to be binding on you, you should delete the downloaded software from any storage medium that it is stored on or stop your cloud hosted software SaaS subscriptions.
In case of Office365 backup, Remote Access software and RDS security, workstations, virtual machines and/or Physical server backup we work with multiple vendors and open source software like Tsplus, Altaro , Jitsi, Nextcloud (not affiliated to them) Microsoft Azure storage , UrBackup Infscape, Wasabi Hot Cloud storage, you are legally required to accept the individual vendor’s terms and conditions in the course of providing you the service. In case you disagree with the Vendor’s terms, you MUST inform us and terminate your service immediately. The Mybackup Personal and Business plans are based on commercial edition of UrBackup open source project supported by Infscape. You also agree to use the MFA feature provided in all our solutions to further protect unauthorized access to your data. The enterprise plan of our Mybackup is based on Altaro VM backup while the Choice Drive is powered by Nextcloud.
We refer the clients directly to the documents provided online by each vendors and open source community while we offer online video training and in-person online training on all our services. Our Ecommerce hosting is based on Opencart and our subscription fees covers just the hosting along with the value added services we offer to the end users..All our hosting services SSL are provided by Lets Encrypt.
Ownership
You acknowledge and agree that Vendors (“licensor”) is the Choice cloud’s owner of all rights, title and interest in and to the downloaded Choiceclouds software and the computer programs contained therein in machine readable object code form as well as the accompanying user documentation along with all subsequent copies thereof, regardless of the media or form in which they may exist (collectively the “software”). The software is protected by copyright laws and international treaty provisions, and this license agreement does not convey to you any interest in or to the software, digital content, or any accompanying printed materials, but only a limited right of use and limited reproduction which is revocable in accordance with the terms of this license agreement.
Our SaaS Softwares (School cloud, CRM and Mybackup) are custom developments based on Open Source codes and are offer free only on our platform; the subscription fees charged are just to cover our hosting and operational expenses. You authorized us along with our partners/sister company as co-administrator access for support and software development purposes on your portals. You are the sole owners of your data store on our cloud platforms during your active subscriptions. The following policies apply when your subscription ends/cancels:
- Mybackup/Choice Drive- we delete your device and your backed up data is gone forever from our platform
- Schoolcloud/LMS/CRM/Website We keep your data for 3-6 Months in case you decide to come back.
- Private Cloud Hosting- We keep your data for 3-6 Months in case you decide to come back. Data archiving applies when you come back. We require 3 Months cancellation notice for Private Cloud ERP/CRM Hosting.
License Grant of license
Licensor hereby grants and you accept a nonexclusive license to use the software in accordance with the terms of this agreement.
Remote Desktop/Remote Assistance
The Software contains Remote Desktop and Remote Assistance technologies that enable the Software or applications installed on the Choiceclouds server (hereafter referred to as a Host Device) to be accessed remotely from other Devices. You may use the Software’s Remote Desktop feature to access the Host Device from any Device provided you acquire a separate Software license for that Device. When you are using Remote Assistance (or other software, which provides similar functionality for a similar purpose) you may share a Session with other users without any limit on the number of Device connections and without acquiring additional licenses for the Software. For Microsoft and non-Microsoft applications, you should consult the license agreement accompanying the applicable software or contact the applicable licensor to determine whether use of the software with Remote Desktop or Remote Assistance is permitted without an additional license.
Reservation of rights
All rights not expressly granted to you by this license agreement are hereby reserved by licensor.
Demo
The Demo version of the software may only be used for evaluation purposes or for non-commercial use. In case of commercial use, you are required to buy a license of the normal version of Choiceclouds software. When you purchased using a trial code or promotional offers and/or Giveaways on a limited time, you MUST cancel your subscription before the end of the trial period, otherwise automatic charge applies.
No disassembly
It is understood and agreed that you shall not copy the program into any machine-readable or printed form except for archival or for backup purposes in accordance with the terms of this agreement, nor shall you reverse engineer, decompile, disassemble, translate, merge into another computer program, obscure or remove licensor’s copyright notice or otherwise modify the software.
Transfer of software
You shall not sub-license, assign, or transfer the license, the software, or any rights under this agreement without the prior written consent of licensor. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
License reinstallation
If you need to reinstall your license on a new server, a rehost is possible if you subscribe to our Annual Support and Updates Services. Then, contact us for more information.
Updates and new versions
In the event that updates or new versions of the software are developed, licensor may, at its discretion, make such updates and new versions available to you upon payment of any required fees. If the software is updated and made available to you, you may use the software update in accordance with the terms and conditions of this license agreement.
Terms and termination
This license agreement is effective upon your opening the software package, or its initial use if downloaded or access online in case of SaaS, and shall continue for a period of ten (10) years unless terminated earlier in accordance with the terms herein. You may terminate this license agreement at any time by uninstalling the software followed by returning the software and all copies thereof and extracts there from to licensor or cancelling your subscriptions.
Our standard cancelation policy is 30 Days for a full refund. A trial period and promotional offers awarded all count as part of the cancellation duration. We resell our online services via Fastspring our authorized reseller and you must agree to Fastspring separate terms and conditions during the purchase. Once you place the order successfully, you authorized choice cloud to create an account in our CRM software on your behalf. All prices displayed on our websites are without VAT which are payable. All our base currency prices are in the USD and this does not guarantee the same amount in each Country as set by Fastspring on currency localization.
Multiple use
You may not use the software on two or more computers simultaneously for the on-premises installations of our software. For each computer on which you install the software, you need to purchase a separate license. The license is bound to the computer on which the software is installed. In case you acquire a new computer, you must uninstall the software from the previous computer before using the software on the new computer. In the case of SaaS, you can access the software from unlimited number of devices.
Rental of software
You are allowed to use the software on systems rented to your own customers. However, this does not change the rule about Multiple Use; for each (rented) computer on which you install the software, you need to purchase a separate license.
Multiple media
You may receive the software in more than one storage medium. You may only use one medium on one single computer. You may not use, copy, transmit, lease, rent, sell, assign or otherwise transfer the other medium to another user or another computer.
As is
The program is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. Some countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from country to country.
No unlawful or prohibited use
As a condition of your use of the software, you will not use the software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the software in any manner that is a violation of applicable laws. In case you collect sensitive persona data, you MUST seek the consent of the users and comply with the appropriate data protection Laws. We are required by Law to report usage and disclose details to the Law enforcement agencies in case of violation, abuse and fraudulent use cases.
Limitations of liability
In no event will licensor be liable for any damages, including but not limited to, lost profits, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the software even if licensor or its authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. In any event, licensor’s cumulative liability to you or any other third party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement. We maintain an Active-Passive Datacentre to keep our cost low; and you accept the risks that in case of acts of War, natural disasters and circumstances beyond our control, we will restore your data to the last 24hours recovery point objective RPO prior to the incidents to our recovery Datacentre. In this case, the Return to Operation objective RTO varies. We have provided options to back up your data in all our software and you MUST have internal procedure to further backup your data.
Agreement
This agreement constitutes the entire understanding of the parties relating to the license of the software, and revokes and supersedes all prior agreements, oral or written, between the licensor and you, and is intended as a final expression of the agreement. It shall not be modified or amended except in a writing signed by a representative employee of licensor, and specifically referring to this agreement. This agreement shall take precedence over any other documents that may be in conflict therewith. You hereby acknowledge that you have read these software program license terms and conditions, understand them and agree to be bound by them. All future amendments to this agreement will be communicated to the clients electronically and no new signature will be required. However, the client can cancel their subscriptions or stop the use of our software/services if they are not in agreement with our updated Terms of use within seven days of such notifications. All agreements MUST be electronically signed within 30 Days from our CRM Customer portal, if not signed ,it is assumed that the client has dully accepted that the terms of this agreement will be binding irrespective of signature or not .
Applicable law
These terms of use shall be governed by and construed in accordance with the laws of England and subject to the exclusive English courts located in London, United Kingdom.