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Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY SHARPCLOUD WEBSITE.   

 

WHAT'S IN THESE TERMS? 

These terms state the rules for you to access and use the SharpCloud website at www.sharpcloud.com or any other SharpCloud website and any subdomains (the "Websites"). 

  • WHO WE ARE AND HOW TO CONTACT US 

The Websites are owned and operated by SharpCloud Software Ltd, ("we", “us”, “our” or “SharpCloud”). We are registered in England and Wales under company number 07786718 and our registered office is at 8 Leake Street, London SE1 7NN. 

To contact us, please email hello@sharpcloud.com or telephone our customer service line on +44 203 821 1432 or you can write to us at the above address. 

Further legal details about us can be obtained on the following page: [URL] 

  • TRADING HOURS 

Our UK office hours are 09:00 – 17:00pm GMT.  Our US office hours are 09.00 – 17.00 Eastern Time 

  • BY USING OUR WEBSITES, YOU ACCEPT THESE TERMS 

By using any of our Websites, you accept and agree to comply with these terms of use and any updated or amended terms of use published on our Website. As long as you comply with these terms of use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use any of the Websites. We reserve the right to terminate your use of the Websites at any time.  If you do not agree to these Terms, you should cease to use the Website immediately and refrain from accessing or using the Website in the future.  If you are a competitor of SharpCloud, the foregoing license to access and use our Websites does not apply to you and you may not access or use our Websites for any reason. 

  • THERE ARE OTHER TERMS THAT MAY APPLY TO YOU 

Other terms may apply to you:  

If you use a free service or trial or license one or more of our solutions, our End User License Agreement for the relevant product will apply – see www.sharpcloud.com/end-user-license-agreement When you register an account with us, start a trial or start using the product/service, you will be deemed to have accepted those terms. 

Our Privacy Policy at www.sharpcloud.com/privacy-policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that any data provided by you is accurate. If you are a subscriber to our services, you may also be subject to our Data Processing Addendum published at [URL] (“DPA”) setting out additional terms that apply to any personal data we may process on your behalf. 

Our Cookie Policy at www.sharpcloud.com/cookie-policy sets out information about the cookies on our Website and how we use Cookies.   

Our Acceptable Use Policy (“AUP”) at www.sharpcloud.com/acceptable-use-policy applies to all users our Websites and subscribers to our services.  By continuing to use our Website(s), you will be deemed to have agreed to the AUP. 

Each of these policies or terms may be changed from time to time and are effective immediately upon posting such changes on our Website. 

  • WE MAY MAKE CHANGES TO THESE TERMS 

We amend these terms from time to time. Every time you wish to use any of our Websites, please check these terms to ensure you understand the terms that apply at that time. Your continued use of any of our Websites is your acceptance of the terms published at that time. 

  • WE MAY MAKE CHANGES TO OUR WEBSITES 

We may update and change any of our Websites from time to time to reflect changes to our products and services, our users' needs and our business priorities or for any other reason.  

  • WE MAY SUSPEND OR WITHDRAW ANY WEBSITE 

Our Websites are made available free of charge. 

We do not guarantee that any of our Websites, or any Content on them (defined below), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Websites for business and/or operational or other reasons.  

You are responsible for ensuring that all persons who access any of our Websites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

  • YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for setting up an account with us, using a Website or any other reason, you must treat such information as confidential. You must not disclose it to any third party.  

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.  

If you know, or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us promptly at hello@sharpcloud.com  

  • HOW YOU MAY USE OUR WEBSITES 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on any of our Websites is owned, controlled or licensed by us, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in these terms of use, no part of any Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. 

You may use information on our products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by us for downloading from our Websites, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. 

You must not copy, adapt, modify, or amend in any way any of the Content of our Websites and you must not copy any illustrations, photography, video or audio sequences or any graphics from our Websites. 

Where we consent to the use of the Websites for additional purposes, our status (and that of any identified contributors) as the authors of content on our Websites must always be acknowledged. If you print off, copy, use, download, adapt, or modify any part of the Websites in breach of these terms of use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Websites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any of our Websites.  

You may not attempt to gain unauthorized access to any portion or feature of the Websites, or any other systems or networks connected to the Websites or to any SharpCloud or our hosted provider’s servers, or to any of the services offered on or through the Websites, by hacking, password "mining" or any other illegitimate means. 

You may not probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on any of the Websites or any network connected to the Websites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Websites, or any other customer of SharpCloud, or exploit the Websites or any service or information made available or offered by or through the Websites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Websites. 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or SharpCloud’s or third party provider’s systems or networks, or any systems or networks connected to the Websites or to SharpCloud. 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites, or with any other person’s use of the Websites. 

You may not interfere with, damage, or disrupt: 

  • any part of our Websites; 
  • any equipment or network on which our Websites are stored; 
  • any software used in the provision of our Websites; or 
  • any equipment or network or software owned or used by any third party in the provision of our Websites. 

If you contribute any materials or data (“contributions”) to our Websites or online forums or to any interactive services that we may provide, there are specific provisions in the AUP that govern those contributions and the content allowed. You agree to comply with those provisions failing which we may delete your contributions and/or prevent you from making any further contributions. 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Websites or any service offered on or through the Websites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

You may not use the Websites or any Content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SharpCloud or others. 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Websites, in violation of any applicable laws or regulations, including without limitation United Kingdom of Great Britain and USA export laws and regulations. 

  • DO NOT RELY ON INFORMATION ON THIS SITE 

All and any information about the products on the Websites is provided by SharpCloud in good faith. The content on the Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Websites and Content. Although we make reasonable efforts to update the information on the Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Websites is accurate, complete or up to date. 

  • WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO 

Where the Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources and any reliance you make on the content provided via those links is at your entire risk. 

  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

General 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  

Exclusions and limitations: 

To the maximum extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to the Websites or any Content on them. 

Except for those matters that cannot be excluded or limited by applicable law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

  • use of, or inability to use, the Websites; or 
  • use of or reliance on any Content displayed on the Websites and/or linked from our Websites. 

In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. 

Our liability in respect of anything not covered above is limited to £10. 

  • HOW WE MAY USE YOUR PERSONAL INFORMATION 

We will only use your personal information as set out in our privacy policy at www.sharpcloud.com/privacy-policy and if applicable, the DPA. 

  • RULES ABOUT LINKING TO OUR SITE 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link to any of our Websites from any website that is not owned by you.  

The Websites must not be framed on any other website, nor may you create a link to any part of our Websites other than the home page. 

We reserve the right to withdraw linking permission without notice. 

If you wish to link to or make any use of content on our Website other than that set out above, please contact hello@sharpcloud.com  

  • VIRUSES, HACKING AND OTHER OFFENCES 

You must not misuse our site by knowingly transmitting, sending, uploading or introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any software or hardware.  

You must not attempt to gain unauthorized access to the Websites, the server(s) on which the Websites are stored or any server, computer or database connected to our Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and similar legislation around the world. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. 

In the event of such a breach, your right to use the Websites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any material posted on it, or on any website linked to it. 

  • WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES? 

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England & Wales. We both agree to the exclusive jurisdiction of the courts of London, England provided that we may issue proceedings for an injunction or other temporary relief in any court where you are based or have a presence.  

  • OUR TRADE MARKS  

SharpCloud is the trade mark of SharpCloud Software Limited. You are not permitted to use our trade mark or logo without our approval, unless they are part of material you are using as permitted under these Terms. 

CUSTOMER SATISFACTION  

Customer satisfaction is our number one priority. If you have a suggestion as to how we can improve our service to you or if you are dissatisfied about our service in any way, then please contact us on +44 203 821 1432 or by email hello@sharpcloud.com  

Version 2-1 Nov 2024