Terms of Service
Thank you for your interest in xPlore.Cloud. Please review the following Terms of Service, which will govern your registration with and use of the xPlore.Cloud Platform, related products and services.
Please understand that If you do not want to be bound by the Terms of Service, you may not make use of the xPlore.Cloud Platform.
1. INFORMATION ABOUT US
1.1. xPlore Cloud Inc (the Company/ we), which is registered in USA under EIN 82-1726847 and with our registered office at 21W355 Hoyle Road, Lombard, IL 60148, USA.
1.2. Our main trading address is 21W355 Hoyle Road, Lombard, IL 60148, USA
1.3. Our website is at xPlore.Cloud.
2. YOUR STATUS
2.1. By placing an order with us, you warrant that:
2.1.1. You are at least 18 years old;
2.1.2. You are legally capable of entering into binding contracts and are authorized to enter into this Contract (as defined below) by any company for whom you work;
2.1.3. You will provide us with the information we need to supply the Products and/or Services and ensure that such information is accurate in all material respects; and
2.1.4. You have obtained any permissions and/or consents that may be required before we deliver the Products and/or Services to you.
3. HOW AN ORDER IS PLACED AND THE CONTRACT IS FORMED BETWEEN US
3.1 You will have an initial consultation with us by telephone or in person in which we will discuss with you your goals and what Products and/or Services you would like to buy to help to achieve those goals. Alternatively you have the option to self serve your xPlore.Cloud products and/or services online via xPlore.Cloud, payment and product and/or service details will be confirmed at checkout. By purchasing online you are agreeing to the Terms and Conditions as detailed on the xplore.cloud site.
3.2. We will then send you a confirmation email setting out the details of the order you would like to place with us and incorporating these Terms of Sale (Confirmation). The contract between us (Contract) will only be formed when you accept the Confirmation and the Terms of Sale by replying ‘I AGREE’. Alternatively, online your creating a Cloud Access Server via your xplore.cloud account will serve as the contract between us (Contract) to supply products (Products) and/or services (Services).
3.3. Following your initial order, you may renew orders for Products and/or Services by contacting us (the minimum per order being one Cloud Access Server). You may also change your order upon such renewal, for example, to include additional Cloud Access Servers, User Packs or change your Support Plans. Alternatively, when you use the self serve route to create your account with us, you will be automatically registered for auto-renewal of your orders. In case you do not wish to continue using xPlore.Cloud, you have the option to cancel your order anytime using the Cancel Account link within the Settings menu available to the Owner account after you log into the xPlore.Cloud control panel. You may also change your order online using the Change Subscription link available to the Administrative users after they log into xplore.cloud Control Panel.
4.1. OWNER: This is an user account within your xPlore.Cloud account that has been designated by you as the OWNER. Alternatively, when you follow the self serve route to create your xPlore.Cloud account from the xPlore.Cloud website, the email address you use to create such an account becomes automatically designated as the OWNER for your xPlore.Cloud account. You may change this designation later, from within your Control Panel (see 4.2 below).
4.2. CONTROL PANEL: This is a web interface that you and other users (see 4.3 below) of your account get to use after they have successfully logged in using their credentials at the xPlore.Cloud Login page.
4.3. USER: You have the ability to create multiple users that can access your xPlore.Cloud account and make use of the xPlore.Cloud products and services linked to your xPlore.Cloud account.
5.1 During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account.
5.2 Please notify xPlore Cloud immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the forgot on the forgot password link. If you continue to have problems, please contact our technical support staff at firstname.lastname@example.org.
5.3 Through your Control Panel, you have the ability to create users within your account. Please note that you are responsible for any and all activities and postings that are made using their respective accounts.
6. CANCELLATION RIGHTS – REFUND POLICY
6.1. You can cancel your account anytime by calling us or online from within your xPlore.Cloud control panel.
6.2. A cancellation of an account does not entitle you to any refunds. It only stops the account from incurring any further charges.
7. AVAILABILITY, DELIVERY AND QUALITY
7.1. Our goal is to deliver our Products and Services without any disruption. We also take reasonable precautions by building in redundancy into each critical element of our infrastructure. Unfortunately, factors such as internet outage on your premises or cloud account(s) that host the CAS, major disasters affecting datacenters hosting our servers, may occasionally prevent us from achieving this. We cannot accept liability for poor performance due to conditions beyond our control.
7.2. If at any point it is demonstrably evident that the outage had been due to one or more of our infrastructure element(s) failing temporarily, you will be issued a credit coupon amounting to a sum determined at our sole discretion, that you can redeem during any subsequent payments you make to us.
7.3. If you find that any Products or Services are of unacceptable quality then you must inform us as soon as possible and give us the opportunity to inspect the logs and any other relevant information you could provide us in support of your claim. If, at our discretion, we find that the Product or Service delivered is not consistent with our usual high standards, you will be issued a credit coupon amounting to a sum determined at our sole discretion, that you can redeem during any subsequent payments you make to us. We will not be responsible for any Product or Service that fails due to factors outside our control.
8. PRICE AND PAYMENT
8.1. Payment for all Products and Services must be by credit or debit card, wire transfer or checks as follows:
8.1.1. Depending upon the payment cycle you chose when registering (or renewing/upgrading) an xPlore.Cloud account, the invoice falls due on the first day of the start of the first (next) cycle and must be paid within 14 days after the due date.
8.1.2. If you had registered online, you should be already enrolled for recurrent billing and our system will keep trying to charge your credit/debit card on record till the 14th day after the due date.
8.2. Product and Service prices exclude Taxes.
8.3. If you do not pay us within 14 days of when payment is due, we may suspend the Services until payment of all arrears is made. If money is outstanding from you to us for more than 21 days then we may terminate this agreement without compensation to you.
Questions, comments and requests regarding payment should be addressed to: admin at xplore dot cloud
9.1. You may terminate your account and consequently the Contract by calling us at any time or using the relevant interface within your Control Panel.
9.2. We may terminate the Contract between us by giving 14 days notice in writing to you or in accordance with clause 7.3.
9.3. On termination of the Contract, for whatever reason, you will immediately pay us any and all outstanding monies you owe us.
10. EVENTS OUTSIDE OUR CONTROL
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
11. WRITTEN COMMUNICATIONS
11.1. Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. INTELLECTUAL PROPERTY
12.1. You acknowledge that all Intellectual Property Rights (i.e. patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill, design rights, rights in computer software, database rights, topography rights, moral rights, rights in confidential information, including know-how and trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) in or arising out of or in connection with the Products and/or Services belong to us.
12.2. You also acknowledge that the use of any third party Intellectual Property Rights in the Products and Services may be conditional on us obtaining a licence from the relevant third party.
13. NOTICES AND COMMUNICATIONS
13.1. All notices given by you to us must be given in writing to xPlore Cloud Inc at admin at xplore dot cloud or to 21W355 Hoyle Road, Lombard, IL 60148, USA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. PROHIBITED ACTIVITIES
14.1. In general, as a condition to your continued use of the xPlore.Cloud Platform, you agree that you will not use the xPlore.Cloud Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the xPlore.Cloud Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the xPlore.Cloud Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the xPlore.Cloud Platform or any xPlore.Cloud Content or services that may appear on the xPlore.Cloud Platform and you may not impair in any way the integrity or operation of the xPlore.Cloud Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to xPlore.Cloud, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your use of the xPlore.Cloud Platform:
- Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by xPlore.Cloud in advance.
- Any personally identifiable information of another individual, without the prior consent of such individual.
- Any material, non-public information about a company, without the proper authorization to do so.
- Use the xPlore.Cloud Platform for any fraudulent or unlawful purpose.
- Use the xPlore.Cloud if you are a competitor of the Company, or for reasons that are in competition with the Company.
- Use the xPlore.Cloud Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the xPlore.Cloud Platform.
- Impersonate any person or entity, including without limitation any representative of xPlore.Cloud or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the xPlore.Cloud Platform; or express or imply that xPlore.Cloud endorses any statement you make.
- Interfere with or disrupt the operation of the xPlore.Cloud Platform or the servers or networks used to make the xPlore.Cloud Platform available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the xPlore.Cloud Platform (including without limitation by hacking or defacing any portion of the xPlore.Cloud Platform).
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the xPlore.Cloud Platform.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the xPlore.Cloud Platform.
- Remove any copyright, trademark or other proprietary rights notice from the xPlore.Cloud Platform or materials originating from the xPlore.Cloud Platform.
- Frame or mirror any part of the xPlore.Cloud Platform.
- Create a database by downloading and storing xPlore.Cloud Platform Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way xPlore.Cloud Platform Content or reproduce or circumvent the navigational structure or presentation of the xPlore.Cloud Platform without xPlore.Cloud’s express prior written consent.
15.1 NONE OF XPLORE.CLOUD, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘XPLORE.CLOUD PARTIES’ ) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE XPLORE.CLOUD PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE XPLORE.CLOUD PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE XPLORE.CLOUD PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE XPLORE.CLOUD PLATFORM A SOLELY AT YOUR OWN RISK.
15.2 XPLORE.CLOUD PROVIDES THIS XPLORE.CLOUD PLATFORM AS A RESOURCE FOR USERS INVOLVED WITH MANAGING MULTIPLE PRIVATE/PUBLIC CLOUD ACCOUNTS AND/OR NATIVE VIRTUALIZATION PRODUCTS BUT XPLORE.CLOUD DOES NOT GIVE ADVICE REGARDING SUITABILITY OR OTHERWISE OF THESE PLATFORMS. XPLORE.CLOUD DOES NOT CLAIM TO BE AND IS NOT AN AFFILIATE OR COMMISSIONED AGENT OR DEALER OR DISTRIBUTOR OR IN ANY OTHER WAY RELATED OR REPRESENTATIVE OF ANY OF THE CLOUD AND/OR VIRTUALIZATION PLATFORMS BEING SUPPORTED THROUGH THE XPLORE.CLOUD PLATFORM.
15.4 IN NO EVENT SHALL ANY XPLORE.CLOUD PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE XPLORE.CLOUD PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE XPLORE.CLOUD PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A XPLORE.CLOUD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.5 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE XPLORE.CLOUD PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16.1 You agree that: (i) the XPLORE.CLOUD Platform shall be deemed solely based in Chicago, Illinois; and (ii) the XPLORE.CLOUD Platform shall be deemed a passive website that does not give rise to personal jurisdiction over XPLORE.CLOUD, either specific or general, in jurisdictions other than Chicago. These Terms of Service shall be governed by the internal substantive laws of the State of Chicago, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in Chicago, IL under the rules of commercial arbitration of the American Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
17. MODIFICATIONS TO THE TERMS OF SERVICE
17.1 xPlore.Cloud may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the xPlore.Cloud Platform. xPlore.Cloud will provide at least 10-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the xPlore.Cloud Platform. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of xPlore.Cloud, with or without notice and/or offer opportunities to some or all users of xPlore.Cloud. You agree that the xPlore.Cloud Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of xPlore.Cloud, in whole or in part, or of any Service, content, feature or product offered through xPlore.Cloud. You agree that we may, at any time, charge fees in connection with the use of all or part of xPlore.Cloud and/or for certain features of the Services and that you will be responsible for all such charges (including any applicable tax). You will be notified in advance of any such charges.
17.2 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND XPLORE.CLOUD WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND XPLORE.CLOUD RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.
Should you have any questions concerning these Terms Of Service, please email admin@xPlore.Cloud .