Terms of Service Agreement

Last updated on 14 Nov 2022
Effective on November 2022

1. Introduction

Welcome to CloudDonut! Please read this Terms of Service Agreement carefully, as it contains important information that affects your legal rights.

2. Overview

This Terms of Service Agreement (“Agreement”) binds you and CloudDonut, and is made effective as of the date of your use of this Website, Services or the date of electronic acceptance. The Agreement sets forth the general terms and conditions of your use of the Website, along with CloudDonut's Privacy Policy, govern your use of CloudDonut's Websites (“Website”) such as www.clouddonut.com and all of our other services, such as our cloud infrastructure and other paid services (which we will refer individually and collectively as “Services”).

When we refer to “CloudDonut” or we use the pronouns such as “us”, “we” or “our”, we are referring to Cadence D Solutions and its affiliates and subsidiaries.

When we refer to “you”, “your”, “User” or “customer”, we are referring to any individual or entity who accepts this Agreement, has access to your account or uses the Services.

3. Eligibility

Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. By using the Websites and Services, you represent and warrant to us that: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Websites and Services and (iii) your use of the Websites and Services is in compliance with any and all applicable laws and regulations.

4. Your Account

To access the Services and some features of the Websites, you must register for an user account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and you may also provide optional information about yourself on a voluntary basis. You represent and warrant to CloudDonut that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If CloudDonut has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, CloudDonut reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. Your Account Privacy Policy and information, and our use and disclosure thereof, is subject to the Data Processing Agreement.

You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your user id / login, password. For security purposes, CloudDonut recommends that you change your password at least once every six (6) months for each Account. You must notify us immediately of any breach of security or unauthorised use of your Account. We will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss CloudDonut or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.

5. User Content

Some of the features of this Site, including the Services of CloudDonut, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, suggestions, advices, feedbacks, information (“User Content”) via forum posts, product reviews or recommendations. You have the ownership of your Content. By submitting, posting, or publishing your User Content to any Website, you are granting CloudDonut a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and licences to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You shall be solely responsible for any and all of your User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party. You understand and agree, however, that CloudDonut may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licences granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, CloudDonut shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site. If you have a website or other content hosted by CloudDonut, you shall retain all of your ownership or licensed rights in User Content.

6. Rules of Conduct

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.

7. Data Protection

CloudDonut offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users in the course of your use of these Services.

Categories of Data Subjects. User may upload Personal Data in the course of its use of the Services, the extent to which is determined and controlled by User in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:

  • Prospects, customers, business partners and vendors of User (who are natural persons)
  • Employees or contact persons of Customer's prospects, customers, business partners and vendors
  • Employees, agents, advisors, freelancers of User (who are natural persons)
  • Customer's users authorised by User to use the Covered Services

Categories of Personal Data. User may upload Personal Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data of Data Subjects:

  • Name
  • Address
  • Telephone number
  • Date of birth
  • Email address
  • Other data collected that could directly or indirectly identify data subjects.

8. Payments and Billing

You agree that your Payment Method may be charged for using of CloudDonut's paid services. Your purchase in Singapore will be processed by Cadence D Solutions Pte Ltd.

Payment Due at Time of Order. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless stated here (“Refund Policy”).

Price Changes. CloudDonut reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Website and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Auto-Renewal Terms. Other than as required by applicable law, CloudDonut does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Account.

Payment Type. You may pay for Services by using any of the following payment methods: (i) bank transfer; (ii) PayNow (for Singapore only).

Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 3rd of the month, in which case your billing date will be the 3rd of each month.

Refund Policy. Please refer to the Refund Policy.

International Payment Options. Coming soon.

ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD).

9. Third Party Services

This Website and the Services found at the Website may contain links to third party websites, services or other resources on the Internet that are not owned or controlled by CloudDonut. When you access third party resources on the Internet, you do so at your own risk. We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party resources. By using this Website or the Services found at this Website, you expressly release CloudDonut from any and all liability arising from your use of any third-party website. It is your responsibility to protect your system from risks such as viruses, worms, and other security risks that may be presented by the third party resource. CloudDonut encourages you to be aware when you leave this Website or the Services found at this Website and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

10. No Warranty

You specifically acknowledge and agree that your use of this Website and Services found at this Website shall be at your own risk and that this Website and Services found at this site are provided “as is”, “as available” and “with all faults”. CloudDonut, its directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CloudDonut, its directors, employees, agents, make no representations or warranties about (i) the accuracy, completeness, or content of this Website, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Website, and/or (iii) its Services or any sites linked (through hyperlinks, banner advertising or otherwise) to this Website, and CloudDonut assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by CloudDonut, its directors, employees, agents (including without limitation its call centre or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this Website or its Services, and Users should not rely on such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Website or its Services.

11. Limitation of Liability

In no event shall CloudDonut, its directors, employees, agents, and all third party service providers be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Websites and Services or any material or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statue, or any other legal theory, whether or not the CloudDonut entities have been informed of the possibility of such damage.

12. Indemnification

You agree to protect, defend, indemnify and hold harmless CloudDonut and its directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by CloudDonut directly or indirectly arising from (i) your use of and access to this Website or the Services found at this Website; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Website or the Services found at this Website.

13. Governing Law

This Agreement shall be governed and construed in all respects in accordance with the laws of Singapore and the parties hereto hereby submit to the jurisdiction of the Courts of Singapore.

14. Termination

We may at our sole discretion suspend or terminate your access to the Website and/or Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Website and/or Service at any time (including, without limitation, by limiting or discontinuing certain features of the Website and/or Services) without notice to you. We will have no liability whatsoever on account of any change to the Website and/or Services or any suspension or termination of your access to or use of the Website and/or Services.

15. Changes to Agreement, Website or Services

CloudDonut reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. Your use of thisWebsite or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Services. In addition, CloudDonut may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your user account (“Account”) information current.

16. General Terms

This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and CloudDonut regarding your use of and access to the Websites and Online Services. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

17. Contact Information

The Websites and Services are operated by Cadence D Solutions Pte Ltd, located at 42 Jalan Layang Layang, Regina Hills, Singapore 598508. If you have any questions about this Agreement, please contact us by email at legal@clouddonut.com or by regular mail.