Last Revised: June 21, 2020
Welcome to cloudwize.io website. This website (the “Site”) is owned and operated by CloudWize Owl Ltd., and/or its affiliates (“CloudWize” or “we”). The terms and conditions below govern your use of this Site and the Services (as defined below).
Subject to the Terms and your compliance herewith, CloudWize hereby grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license, solely for the limited purpose of using the Site, the Output (as defined below) and/or the Services which are described below for your internal cloud hosting and computing services analysis purposes only, in accordance with this Terms.
CloudWize is the developer and proprietor of a technology for analyzing and evaluating the costs and performance of cloud hosting and computing services (the “Cloud Services”), which includes a proprietary software-as-a-service solution which is made available by CloudWize (the “Services”). The Services enable you to upload and submit data regarding your Cloud Services Subject to Customer’s compliance with its obligations under these Terms (the “Submitted Data”), and to receive content and/or analyses and/or results and/or reports generated via the use of the Services (the “Output”).
CloudWize may issue and provide Customer with personal access credentials (“User IDs”) for Customer’s system administrators and personnel designated to use the Services on its behalf (“Personnel”). Customer and its Personnel may only access and use the Services through the User IDs issued to them by CloudWize. Customer is solely responsible for maintaining the confidentiality of the User IDs. Any instruction, action or activity occurring through any such User IDs shall be deemed to be provided and/or taken by Customer, and Customer shall be solely responsible for all activities that occur under such User IDs, including for any unauthorized use of such User IDs or any other breach of security, or any related damage or loss.
You agree that the Cloud Services analysis shall be conducted in CloudWize’s sole and absolute discretion. By submitting the Submitted Data, you grant CloudWize and its affiliates a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, fully paid up, transferable, license to use, process, edit, host, store, reproduce and modify the Submitted Data, and to create derivative works therefrom, for any purpose, including, without limitations, to provide you and our users with the Services and for the purpose of researching, developing, enhancing and improving our current and future products and services, all at our sole discretion.
You may use the Output generated by the Service for your internal business and Cloud Services purposes only. You shall not be entitled to use and/or commercialize the Output for any purpose intended for the benefit of third parties, in particular to sell, rent, license or otherwise commercially dispose of or make the Output available to third parties.
You acknowledge that we may, in our sole discretion and at any time(s), add, remove, edit or otherwise change any part of the Site or the Services without notice, including without limitation removing any Submitted Data and/or Output records and we may also discontinue, establish or change limits concerning use of the Site or the Services without notice. You may reject changes by discontinuing your use of the Site and Services. Your continued use of the Site or Services will constitute as your acceptance of and agreement to such changes.
We may block access to the Site or the Services from any user that we suspect of breaching any term of this Agreement, without derogating from any other right or remedy that we may have by law, equity or otherwise.
All contents included on or incorporated into the Site or Services (excluding Submitted Data) or as made available to you by us from time to time, including all rights related to or arising from the Services, the Output, any literary works, analyses, reports, conclusions, discoveries, text, images, photos, trademarks, service marks, designs, UI, technology, software, trade secrets and any other proprietary materials included and/or used therein, and any and all related content and information (collectively, the “Content”), is and remains solely our property and/or our affiliates and is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
This Agreement does not confer to you any right of ownership in the Content, Site or Services or any part thereof other than the license to use the Services and Output as explicitly stated above. You acknowledge that subject to Section 7, the Site, Services and the Content (excluding User Data) including any and all enhancements, modifications, derivatives, emulations of the aforementioned, and any and all rights, including intellectual property rights worldwide in connection therewith, are proprietary in nature and are and shall continue to be owned exclusively by CloudWize and/or its affiliates.
“CloudWize” and all logos and other proprietary identifiers used by CloudWize in connection with the Site and/or the Services, (“CloudWize Trademarks”) are all trademarks and/or trade names of CloudWize, whether or not registered. All other trademarks, Site and Services marks, trade names and logos which may appear on or with respect to the Site and/or the Services, belong to their respective owners (“Third-Party Marks”). No right, license, or interest to CloudWize Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to CloudWize Trademarks or the Third-Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein or by the relevant owners of such Third-Party Marks.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of CloudWize and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site and/or the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of CloudWize marks and logos, whether registered or not.
In connection with your use of the Site and the Services, you agree to abide by all applicable local, state, national and international laws and regulations and You may not, whether by yourself or anyone on your behalf, nor allow or facilitate a third party to:
CloudWize is committed to protect the information that you share with it and to ensure that data for which you are responsible is treated and handled in a confidential manner.
You warrant that (i) you are the author and owner of the intellectual property rights to your Feedbacks or have the appropriate license and sublicense rights from the owner, and (ii) all “moral rights” that you may have in your Feedbacks have been voluntarily waived by you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE SERVICES, ANY OF OUR USERS’ SUBMITTED DATA AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. CLOUDWIZE (ON BEHALF OF ITSELF AND ITS SUBCONTRACTORS) DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OR HARM CAUSED IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICES, ANY OF OUR USERS’ SUBMITTED DATA AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT.
THIS SITE, THE SERVICES, ANY OF OUR USERS’ SUBMITTED DATA AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, THE SERVICES ANY OF OUR USERS’ SUBMITTED DATA AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE, THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT, WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES, ANY OF OUR USERS’ SUBMITTED DATA AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE OUTPUT, IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. WE MAKE NO WARRANTY THAT THE OUTPUT WILL BE GENERATED FOR EACH FILE IN THE SUBMITTED DATA OR THAT IT WILL COMPLETE ANY ANALYSIS WITHIN ANY PARTICULAR TIME FRAME OR AT ALL. CLOUDWIZE DOES NOT ASSURE THAT THE OUTPUT WILL BE ACCURATE OR THAT CLOUDWIZE WILL DETECT ANY MALICIOUS DATA OR BEHAVIOR.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, THE OUTPUT, UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR SUBMITTED DATA OR CONTENT, OR (IV) CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed the amount of US$1.00.
Subject to applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you or anyone at your behalf, arising out of or related to use of the Services or to the Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your use of the Site or the Services may be subject to local, state, national, and international laws. By visiting or using the Site, the Services and any part thereof, you expressly agree that this Agreement will be governed by Israeli law without regard to its choice of law or conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
Once a week our CEO, Chen Goldberg is giving a group demo.
In this demo he’s showing how to gain maximum cloud security and compliance using CloudWize platform.