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GOCLOUD END USER LICENCE AGREEMENT (“EULA”) AND TERMS AND CONDITIONS OF USAGE OF KUMO PRODUCT
This EULA constitutes a binding agreement between you and Gocloud Technologies (M) Sdn Bhd and its affiliates and subsidiaries as the proprietor and operator of KUMO PRODUCT which includes AOIKUMO, KUMODENT, KUMOSAN, KUMOBIZ and MeTIME (“GOCLOUD,” “we,” or “us”). “You” and “users” mean all visitors to the Service (defined below). You accept this EULA each time you access the Service. If you do not accept this EULA, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
We may revise this EULA at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to this EULA. You should visit this page periodically to review the most current EULA, because you are bound by them. Your continued use of the Service after a change to this EULA constitutes your binding acceptance of this EULA.
The “Service” means, GOCLOUD’s proprietary web-based software application accessible through the GOCLOUD website located at https://www.aoikumo.com, and any other internet service or property under GOCLOUD’s partial or complete control. The Service offers an all-in-one point of sale cloud-based system for beauty and wellness providers to manage their business operations such as managing appointments, billings, customers, inventory and staff’s commissions. The Service provides a smart and efficient solution to the beauty, wellness and spa industry.
2.Eligibility to Use the Service.
a.Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
b.Representative of an organization. Because you are using the Service in connection with your relationship with a company, entity, or organization (collectively “Organization”), you represent and warrant that you are an employee, contractor or other individual associated with that Organization who is authorized to enter into this EULA and use the Service.
You acknowledge that the rights granted herein are conditional upon your timely payment of the subscription fee to GOCLOUD or, as the case may be, payable to GOCLOUD’s distributor (the “Subscription Fee”) on the first day of every month and in any case, no later than the seventh day of every month, as notified by GOCLOUD or its distributor as the case may be, in each case together with any/all applicable taxes or other duties or levies. We reserve the right to suspend or terminate your account and prevent access to the Service if you fail to pay your Subscription Fee within the stipulated time.
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that the information you provide to GOCLOUD upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
a.Your Log-In Credentials. To use the Service, you will need to confirm your log-in credentials. You will have log-in information, including a log-in email and password, in connection with your account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
b.You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify GOCLOUD by e-mail at email@example.com . You will be solely responsible for the losses incurred by GOCLOUD and others due to any unauthorized use of your account.
GOCLOUD may communicate with you by email or through the Service. You may request that we provide notice of security breaches in writing. You represent and warrant that the information you provide to GOCLOUD upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
a.You agree to receive email from us at the email address you provided to us for customer service-related purposes, and to promote upcoming events and/or videos offered through the Service.
b.Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org .
6.Content Ownership and Use
a.The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other GOCLOUD content (collectively, “GOCLOUD Content”). All GOCLOUD Content and the compilation (meaning the collection, arrangement, and assembly) of all GOCLOUD Content are the property of GOCLOUD or its licensors and are protected under copyright, trademark, and other laws.
b.License to You. We authorize you, subject to this EULA, to (a) access and use the website, (b) access and use GOCLOUD web application, (c) download, access, and use GOCLOUD mobile application and (d) access and use all other GOCLOUD Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the GOCLOUD Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original GOCLOUD Content on any copy you make of the GOCLOUD Content.
c.GOCLOUD Marks. GOCLOUD, the GOCLOUD logo, and other GOCLOUD logos and product and service names are or may be trademarks of GOCLOUD (the “GOCLOUD Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the GOCLOUD Marks.
d.Your Content. Any data, media, messages and content that you make available through the Service or otherwise to GOCLOUD, and any other data, materials, or content that the App or the Service collects from you (“Your Content”), will be owned by your Organization. Your Organization, by your entering into this EULA, is deemed to have granted to us, during the term of the EULA, a limited, royalty-free, non-exclusive and non-transferable license to use, copy, reformat, create derivative works of, display, disclose and distribute Your Content for the purposes of providing and improving the Service and exercising our rights or performing our obligations under the Agreement.
7.Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Feedback”):
a.you hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty- free and unlimited license to use the Feedback, whether written or oral, in any manner whatsoever;
b.we will not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and
c.we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8.Limitations and Prohibitions
You agree to use the Service solely as intended through the provided functionality of the Service and as permitted under this EULA. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:
a.Unless expressly permitted in this EULA, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without GOCLOUD’s prior written authorization.
b.You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine GOCLOUD Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
c.You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any GOCLOUD Content available on or through the Service.
d.You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any GOCLOUD Content available on or through the Service, or any portion thereof, through any other application or website.
e.You agree not to provide any false personal information to GOCLOUD or create a false identity or impersonate another person or entity in any way.
f.You agree not to create a new account with GOCLOUD, without GOCLOUD’s prior express written consent, if GOCLOUD has previously disabled an account of yours.
g.You agree not to restrict, discourage or inhibit any person from using the Service.
h.You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
i.You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
j.You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
k.You agree not to violate any applicable federal, state or local laws or regulations or this EULA when using the Service, including by posting or submitting to the Service any content that infringes any third party intellectual property, violates the personal data of third parties or other right.
l.You agree not to use the Service to build a competitive product or service.
m.You agree not to post or submit through the Service any content that is or could be interpreted to be defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by GOCLOUD in its sole discretion.
n.You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
9.Terms of Usage of MeTIME
As part of the utilization of the Service, GOCLOUD hereby provides to you access to utilize the MeTIME application which is an app based service (customer/patient booking app with over-the-app purchase with past historical transaction details). This supplementary service (“Supplementary Service”) is provided as part of the subscription to the Service whereupon your clients/customers (“The User”) will be able to access and download the MeTIME application available to both Android and IOS users to track any purchases and make bookings for services/products purchased directly with you.
The utilization of MeTIME shall be considered as part of the subscription to the Service and shall be mandatory for all subscribers of the Service. All references to the “Service” under this EULA shall include the Supplementary Service.
You have the right to manage and control information which is uploaded to the MeTIME portal pertaining to your business/service whereupon you agree to bear full responsibility and liability for any information that is uploaded on the MeTIME application.
You further agree to honor all bookings that the User have placed through MeTIME and shall further ensure that any cancellations, modifications and amendments to any bookings are clearly communicated to your clients and us to enable us to notify the User accordingly.
You shall ensure that the terms and conditions for all bookings and packages placed on MeTIME are clearly stated for the User and GOCLOUD shall not be responsible in the event of any misrepresentation, misinterpretation or claims made pursuant to your terms and conditions or lack thereof on MeTIME.
You shall further ensure that all relevant permissions and approvals are given by the User for their personal information to be kept and utilized by GOCLOUD for the purposes of utilization of the Service and Supplementary Services.
You shall ensure that all relevant approvals and permits are obtained with regards to any form of marketing, sales or placement of products and services on MeTIME and GOCLOUD shall not be held responsible for any penalties, liabilities or damages incurred as a result of your failure to obtain the same. You hereby agree to indemnify GOCLOUD for all cost incurred as a result of your breach under the terms hereof and this EULA.
You may cancel this EULA within ninety (90) days of the payment of License/Subscription Fee and you will no longer be able to use the Service from the date of your cancellation. No refunds are payable from your cancellation. Cancellations can be made by contacting our sales support team at email@example.com.
11.Consequences of Violating This EULA
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. GOCLOUD may (but has no obligation to) review and remove any content you submit or post to the Service at any time for any reason.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.
We may change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service, and we are not responsible for any disputes that you may have with your Organization or any other user.
a.Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the site or any feature, without notice or liability.
b.Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any of the content of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
c.User Disputes. We are not responsible for any disputes or disagreements between you and your Organization or any other user you interact with when using the Service. You assume all risk associated with dealing with these third parties, and you release GOCLOUD of all claims, demands, and damages in connection with these disputes. You also agree not to involve us in such disputes in any way. Use caution and common sense when using the Service.
13.DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
Released Parties Defined. “Released Parties” include GOCLOUD and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
14.LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE ON THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF GOCLOUD CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED USD$100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on the Service, (ii) your use of or reliance on any GOCLOUD Content, or (iii) your breach of this EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
You agree that the GOCLOUD Content are proprietary to and the confidential information of GOCLOUD and that all such information and any related communications (collectively, “Confidential Information”) are confidential and a fundamental and important trade secret of GOCLOUD. You shall disclose Confidential Information only to your employees who have a need to have access to Confidential Information and shall advise any recipients of Confidential Information that it is to be used only as expressly authorised in this EULA. You shall not disclose Confidential Information or otherwise make any Confidential Information available to any of your other employees or to any third parties without the express written consent of GOCLOUD. You agree to segregate, to the extent it can be reasonably done, the Confidential Information from other materials to prevent commingling. You shall take reasonable security measures, which measures shall be at least as great as the measures you use to keep your own confidential information secure (but in any case using no less than a reasonable degree of care), to hold Confidential Information in strict confidence and safe custody. GOCLOUD may request, in which case you agree to comply with, certain reasonable security measures as part of the use of the Service.
This clause shall not apply to any information that is in or comes into the public domain, or was in your lawful possession before receipt or which you developed independently and without breach of this clause. You further acknowledge that monetary damages may not be a sufficient remedy for unauthorised disclosure of Confidential Information, and that GOCLOUD shall be entitled, without waiving any other rights or remedies, to such injunctive or other equitable relief as may be deemed proper by a court of competent jurisdiction.
This EULA constitutes the entire agreement between you and GOCLOUD concerning your use of the Service, and supersedes any prior or contemporaneous terms, whether oral or written. Our failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect.
The section titles and annotations in this EULA are for convenience only and have no legal or contractual effect.
Please also be informed that your personal data in our system shall be deleted after thirty (30) days of non-payment of our Subscription Fee and deactivation of your account as we strive to ensure that personal data is only processed for the minimum period necessary for our performance of our contractual obligations herein.
This EULA and the relationship between you and GOCLOUD shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and GOCLOUD agree to submit to the exclusive jurisdiction of the courts of Malaysia in any disputes relating to your use of the Service. You covenant not to sue GOCLOUD in any other forum.
Terms are subject to change based on revised terms agreed upon by both user and GOCLOUD.