TERMS OF USE

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cloudteam which is an Energy Team (“Company“, “we”, “us”, or “our”) brand name, concerning your access to and use of the http://www.cloudteam.ai website, and the use of cloudhawk.net software, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “The Software”). You agree that by accessing the Software, you have read, understood, and agreed to be bound by all of these Terms of Use. 

 

Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Software after the date such revised Terms of Use are posted.

 

The information provided in the Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Software is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Software. 

 

The terms of use of the software are according to the software EULA, which are complementary to the term of use according to this document. 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Software is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Software (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided in the Software “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Software, you are granted a limited license to access and use the Software and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Software, the Content and the Marks.

 

The software intellectual property is and will remain solely the property of the software vendor. User will be granted a license to approach the software, all under the terms of use defined in the software EULA.  

 

USE LICENSE

 

If you access the Software, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the software, and to access and use the software strictly in accordance with the terms and conditions of the license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://cloudteam.ai/privacy-policy/ By using the Software, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Software is hosted in Israel. If you access the Software from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Israel, then through your continued use of the Software, you are transferring your data to Israel, and you agree to have your data transferred to and processed in Israel.

 

COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Software infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Software infringes your copyright, you should consider first contacting an attorney.

 

TERM AND TERMINATION

 

Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the software (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the software or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our Software. We also reserve the right to modify or discontinue all or part of the Software without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software.  

 

We cannot guarantee the Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Software during any downtime or discontinuance of the Software. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Software or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of Israel. Energy Team and you irrevocably consent that the courts of Israel shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.



DISPUTE RESOLUTION

 

Binding Arbitration

 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Tel Aviv, Israel. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Israel.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

LIMITATIONS OF LIABILITY

 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the software, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us and to a period of no more than 12 months after last use of the software. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us in the Software or in respect to the Software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Software. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US 

 

In order to resolve a complaint regarding the Software or to receive further information regarding use of the Software, please contact us at: 

 

Energy Team

Arava 1

Givat Shmuel

Israel

Phone: +972-77-344-2075 

Fax: +972-77-344-2075

erezd@cloudteam.ai