Terms of Service

These Terms of Service (“Terms”) govern your use of cloudalien.com and of the software, web development and digital marketing services provided by Cloudalien Technologies LLC (“Cloudalien”, “we”, “us”). By using our website or services you agree to these Terms. Each of our brand websites may publish its own terms, which apply to that site in addition to, or in place of, these Terms where they say so.

Our services

We provide software, web development and digital marketing services to businesses, and we operate a group of websites and online services. The scope, deliverables, schedule and price of any paid engagement are set out in a written proposal, quote, invoice or order (an “Order”). If an Order conflicts with these Terms, the Order controls for that engagement.

Payment

Fees are stated in US dollars and are due as set out in the Order or invoice. Payments are processed by Stripe. Unless an Order says otherwise, fees for work already performed are non-refundable. If you believe you were charged in error, contact us and we will review it promptly.

Your responsibilities

• Provide accurate information and the content, access and approvals we need to perform the work.
• Make sure you have the rights to any content, trademarks or data you give us to use.
• Do not use our websites or services for anything unlawful, to infringe anyone’s rights, to send spam, or to interfere with or attempt to gain unauthorized access to our systems.

Intellectual property

We own our websites, software, tools and know-how. Unless an Order says otherwise, once you have paid in full you own the final deliverables created specifically for you, and we grant you a non-exclusive licence to any of our pre-existing materials included in them, for use in your business. You retain ownership of the content you provide to us.

Third-party services

Our websites and services may link to or rely on third-party websites, platforms and services. We are not responsible for their content, availability or practices, and their own terms apply to your use of them.

Disclaimers

Our websites and services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee specific results from marketing or search-engine work, such as rankings, traffic or sales.

Limitation of liability

To the fullest extent permitted by law, Cloudalien will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to our websites or services is limited to the amount you paid us for the services giving rise to the claim in the twelve months before the claim arose.

Termination

Either party may end an engagement as set out in the Order. We may suspend or end access to our websites or services if you breach these Terms. Sections that by their nature should survive termination, including payment, intellectual property, disclaimers and limitation of liability, will survive.

Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Florida.

Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top shows when they were last changed. Continued use of our websites or services after a change means you accept the updated Terms.

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