Cloudtract Legal

Read about our terms of service, user agreements,
privacy policy, disclaimer, and cookie policy.

Read and view all of our policy documents, including security and disclosure practices carefully
before using Cloudtract. Last updated May 28th 2014.
Terms of service

Cloudtract B.V. (“Cloudtract”)

Rokin 111
1012 KN Amsterdam
The Netherlands
Telephone: +31 (0)20 722 22 44

Trade register No. 59109009
Chamber of Commerce Amsterdam, The Netherlands.
URL: www.cloudtract.com

User Agreement

Welcome, and thank you for using Cloudtract. This User Agreement is between Cloudtract and your organization. When you use our Services, by clicking on “I Agree”, or any call to action with the same meaning, you sign up for use of the Services by your organization, you are agreeing to this User Agreement on behalf of that organization. You must have the authority to bind that organization to this User Agreement, otherwise you must not sign up for the Services. You should also read our Cookie Policy, Disclaimer and Privacy Policy for information about our approach to your data and your privacy.

IF YOU DO NOT AGREE WITH THESE TERMS, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO THEM ON BEHALF OF YOUR ORGANIZATION YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.

A. Definitions

Definitions written with a capital, used in these Terms and our Privacy Policy, have the following meaning.

AccountA collection of Users who can share and manage contracts.
AdminAn Admin is a User who:
Can add, edit or delete Users;
Can add, edit or delete contracts;
Can add, edit or delete legal entities;
Can add, edit or delete categories;
Can upload and download Uploaded Files;
Can delete the Account.
Calendar Appointment An appointment in an electronic calendar, like Microsoft’s Outlook, containing a reminder of an existing contract
ClaimAny claim, cause of action or dispute arising out of or related to this User Agreement.
Cloudtract
Cloudtract B.V., located on Rokin 111 in Amsterdam, The Netherlands.
Cloudtract’s Help CenterThe Help Center of Cloudtract offer support and information regarding the platform, accessible through the URL www.cloudtract.com/helpcenter.
Company User Data
The collection of data which can identify a company, listed below:
• Industry sector of the legal entity;
• Number of employees of legal entity.
Contract Data
Contract Terms and Contract info together.
Contract Info
All the anonymized information and terms of a specific contract between a User and a Supplier, but not the Contract Terms.
Contract Terms

The anonymized contract terms of a specific contract between a User and a Supplier, listed below:
• Name of the Supplier
• Supplier category
• Contract value
• Contract period
• Start date
• Notice period
• End date
• Alert date
Contributions
Any submitted suggestions or other feedback provided by the User regarding the Services
Improved Contract Proposal
A comparable, non-binding, alternative contract proposal with improved quantitative and/or qualitative terms, intended for a User. These alternative terms we derive from other Users with similar contracts.
Personal User Data
The collection of data which can identify a person and an organization, such as listed below:
• First and last name
• Email address
• Legal entity name.
PlatformThe application, accessible through www.cloudtract.com, where Users can login to, with the purpose of:
• Creating a Reminder Email or;
• Uploading or downloading Uploaded Files or;
• Use another functionality of the Platform.
Privacy Policy
The document where we declare our policy on collecting and releasing information about our Users and other visitors of our website.
Registration
Successfully creating a password in order to gain access to our Platform.
Reminder Email (contract alert)
An email with the purpose of reminding a User of one of her existing contracts.
Services
All Services, delivered by Cloudtract, on her website www.cloudtract.com or any other domain name offering the same Services.
Stored Data
All Contract data and Uploaded Files.
Supplier
A legal entity that sells or supplies goods or services to Users.
Terms
These Terms of service and general terms.
Third Party Website
A website of a third party, used by Cloudtract as described in Section 3.2.
Uploaded Files
All digital uploaded files associated with contracts:
• Except files with the following extensions: .AAF .3GP .GIF .ASF .AVCHD .AVI .CAM .DAT .DSH .FLV .FLA .FLR .SOL .M4V .MKV .WRAP .MNG .MOV .MPEG .MXF .NSV .OGG .RM .SVI .SMI .SWF .WMV, and
• Not bigger than 10 MB.
UserAn entity that has the authority to use the Services of Cloudtract.
User Agreement
These Terms and the Privacy Policy.
User Data
All Personal User Data and Company User Data.
User Login
A User with a unique email address and password, coupled to one Account. An Account must contain at least one User Login.
Website
The website of Cloudtract, accessible through the URL www.cloudtract.com.

B. Introduction

Cloudtract is an online contract reminder, contract manager and storage provider for professional use.

B.1 Purpose

Cloudtract provides a simple Platform, so our Users spend as little time as possible on their contract administration and are able to enter into optimal contracts.

B.2 Services

Cloudtract provides the Service to its Users. That Service comprises of the following components:
1. To store/ share contracts and their Uploaded Files: Cloudtract provides a Platform where Users of the same Account may add, edit, delete and share their Stored Data and User Data. Different user roles specify different kind of user rights, such as restricted viewing or no editing rights.

2. To get notified about the termination of a contract period: Cloudtract sends, on the day a User specifies (Alert date), a Reminder Email to a User. The purpose of this Reminder Email is to remind a User of the approaching expiration of one of her existing contracts. This way a User will likely not forget to end, continue or alter this specific contract with his Supplier. Cloudtract offers an alternative reminder in the form of a Calendar Appointment. This Calendar Appointment has the same purpose as the Reminder Email.

3. To receive contract improvements: Cloudtract may send her Users emails containing Improved Contract Proposals. These emails have the sole purpose of informing Users of better (quantitative and/ or qualitative) Contract Terms on their existing contracts.

B.3 Scope and Intent

When you use our Services, you are entering into a legal agreement and you agree to all of these Terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your Stored Data and User Data. You agree that by registering on Cloudtract.com or by using our Services, or any content or information provided as part of the Cloudtract Services, you are entering into a legally binding agreement with Cloudtract. You are using Cloudtract on behalf of a company or other legal entity, nevertheless you are individually bound by this User Agreement even if your company has a separate agreement with us. By clicking “Join Now”, “Join Cloudtract”, “Sign Up” or any call to action with the same meaning, you acknowledge that you have read and understood the Terms of this User Agreement and that you agree to be bound by all of its provisions. Please note that these Terms and Privacy Policy are collectively referred to as User Agreement.

C. Terms of Service

 

C.1. Your Obligations

1.1. Applicable laws and this User Agreement
When signing this User Agreement, you confirm that:
1. You are authorized to act on behalf of your organization.
2. You shall comply with all applicable laws and regulations and this User Agreement, as may be amended from time to time with or without notice, and the policies and processes.

1.2. License and warranty for your submissions to Cloudtract
Except for the Services that we deliver to you, we don’t claim ownership of any content that is transmitted, stored, or processed in your Account and such content is your sole responsibility as the person who created the content or uploaded it on the Platform. We also don’t control, verify, or endorse the content that you and others make available on the Platform. As between your organization and Cloudtract, you own all content you provide Cloudtract under this User Agreement, and may delete it at any time, unless you have stored data or Uploaded Files that are copied or stored by other Users. Additionally, you grant Cloudtract a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, process, analyze, use and commercialize, in any way, your Contract Terms (anonymously) directly or indirectly to Cloudtract. Cloudtract grants other Users of your Account access via the Platform to your Stored Data and User Data in accordance with this User Agreement. You ensure to only provide us Stored Data and User Data that you are authorized to provide us and you ensure that your User Login Profile will be truthful. It is your responsibility to keep your Cloudtract User Data accurate and updated.

1.3. Services Eligibility
You are eligible to enter into this contract and you are at least 18 (eighteen) years of age. The information you provide is truthful.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) have the age of 18 or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Cloudtract User Login, (3) are not a competitor of Cloudtract or are not using the Services for reasons that are in competition with Cloudtract; (4) only provide accurate information to Cloudtract; (5) have full power and authority to enter into this User Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Cloudtract or third parties, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

1.4. Your User Login
You will not share a User Login with anyone else or make any unauthorized use of the Website or Services (i.e. by copying or transferring any part of the Services). You agree to: (1) keep your password secure and confidential; (2) not permit others to use your User Login; (3) not use other’s User Login; (4) not sell, trade, or transfer your Cloudtract User Login to another party; and (5) not charge anyone for access to any portion of Cloudtract, or any information therein. Further, you are responsible for anything that happens through your User Login until you close down your User Login or your Account or prove that your User Login or Account security was compromised due to no fault of your own. To delete your Account or User Login, please visit Cloudtract’s Help Center.

1.5. Indemnification
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) arising out of any third party claims, charges, and investigations, caused by (1) your failure to comply with this User agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Platform, and (3) any activity in which you engage on or through Cloudtract.

1.6. Notifications of acts contrary to the User Agreement
In case any circumstances occur that could result in a breach of this User Agreement, you will inform us via email as soon as you are aware of these circumstances. If you believe that you are entitled or obligated to act contrary to this User Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this User Agreement or as soon as practically possible, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

1.7. Notifications and Service Messages
You are okay with us providing you with important notices on our Website, or via email. The contact information you provide must be accurate or you may not receive important notices. For purposes of service messages and notices about the Services, Cloudtract may place a banner notice across its pages to alert you to certain changes such as modifications to this User Agreement. Alternatively, notice may consist of an email from Cloudtract to an email address associated with your User Login or Account, even if we have other contact information. You also agree that Cloudtract may communicate with you through your Cloudtract User Login or through other means including email or services associated with Cloudtract. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact details on your User Login or Account or other information, including, but not limited to, your failure to receive critical information about the Services.

1.8. User roles and restricted viewing mode
You may specify Users as Admins. Admins may have the ability to access, disclose, restrict or remove User Logins, Contract data and their Uploaded Files from the Account. Admins may also have the ability to restrict or terminate User access to the Services. Cloudtract’s responsibilities do not extend to the internal management or administration of the Services. Users are responsible for ensuring that Admins’ use of the Services complies with this User Agreement. When you share Stored Data, others can see, copy and use that information. Cloudtract, in its sole discretion, may delete an Account if the content violates this User Agreement or others’ intellectual property rights. Please note that content you add may be seen, downloaded and used by other Users of your Account. Therefore, if you have Contract data or Uploaded Files that you would like to keep confidential or don’t want other Users to see, check the “restricted viewing” checkbox. Doing so will allow you, or other specific selected Users, to have exclusive access to that data. Users with Admin User Rights can see all contracts and their Uploaded Files, regardless restricted viewing mode. CLOUDTRACT IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU ADD TO THE PLATFORM.

1.9. Privacy
You agree that we collect, use, store, and disclose information about your organization in accordance with our Privacy Policy. You should carefully read our full Privacy Policy before using Cloudtract as it is hereby incorporated into these Terms by reference, and governs our treatment of any information you submit to us. You acknowledge that your submission of any information and content to us is voluntary on your part and that Cloudtract may process such information.

1.10. Contributions to Cloudtract
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback. Cloudtract may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions you send Cloudtract without any obligation to you. By submitting suggestions or other feedback regarding our Services in any way to Cloudtract, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Cloudtract is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Cloudtract shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Cloudtract may have something similar to the Contributions already under consideration or in development; (e) Cloudtract will have the sole possession to any Intellectual Property rights attached to any amendment based on your Contribution; and (f) you are not entitled to any compensation or reimbursement of any kind from Cloudtract under any circumstances.

C.2. Your Rights

If you sign this User Agreement, we grant you a limited right to use Cloudtract.
You will only access and use Cloudtract in the way this agreement allows you to.
On the condition that you comply with all your obligations under this User Agreement, including, but not limited to, the Do’s and Don’ts listed in Section C.9, we grant you a limited, revocable, nonexclusive, non-assignable, non sub-licensable license and right to access the Services, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Cloudtract or its Users), to use the Platform, to the extent intended and permitted by the functionality thereof, in accordance with this User Agreement. Any other use of Cloudtract contrary to our mission and purpose is strictly prohibited and a violation of this User Agreement. We reserve all rights not expressly granted in this User Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Cloudtract and all related items, including any and all copies made of the Website.

C.3. Our Rights & Obligations

3.1. Services Availability
We ensure that we will try to operate the Services with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware. The highest level of confidentiality, integrity and availability of data to our customers is our #1 priority. All your data is encrypted and stored on our servers. The server hardware is facilitated by AWS, Amazon Web Services. AWS has an excellent record on security and data protection. AWS is compliant with all major regulations, standards and best-practices, resulting in the certifications for ISO 27001, SOC 1/SSAE 16/ISAE 3402 (formerly SAS70). Both AWS and our own staff have no access to your Uploaded Files, our own staff can only see your User Data. Using 128-bit SSL (Secure Socket Layer) your data is encrypted and not visible to others when browsing our site, just like an online banking transaction. McAfee checks our Website every day for malware, malicious JavaScript, suspicious redirections, and other harmful issues. For as long as Cloudtract continues to offer the Services, Cloudtract shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Platform as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this User Agreement. We may modify, replace, refuse access to, suspend or discontinue the Platform and the Services, partially or entirely, for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our Website or by direct communication to you unless otherwise noted. We do not make any other guarantees or warranties about the Service, or our performance of our responsibilities in this User Agreement. Cloudtract further reserves the right to withhold, remove or discard any content available as part of your Account, with or without notice if deemed by Cloudtract to be contrary to this User Agreement. Cloudtract may be required by local laws to remove certain User Data.

3.2. Third Party Content, Sites and Developers
By using the Services, you may be exposed to other Users’ Stored Data that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, Cloudtract will not access Personal User Data. You agree and acknowledge that we are not responsible for Users’ User information for any damage of any kind incurred as result of your reliance thereon. Your access to other Users’ content and information added to the Platform is at your own risk. Cloudtract may include links to Third Party Websites on our Services. You are responsible for evaluating whether you want to access or use Third Party Websites. You should review any applicable terms or Privacy Policy of a Third Party Website before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Cloudtract is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from third party sites.

3.3. Disclosure of User Information
You agree that we can use, store, and share information about you as permitted in our Privacy Policy. You acknowledge, consent and agree that we may access, preserve, and disclose your Stored Data you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this User Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; or (4) protect the rights, property, or personal safety of Cloudtract, our Users or the public. Disclosures of Stored Data to third parties other than those required to provide customer support, administer these Terms, or comply with legal requirements are addressed in the Privacy Policy.

3.3. Disclosure of User Information
You agree that we can use, store, and share information about you as permitted in our Privacy Policy. You acknowledge, consent and agree that we may access, preserve, and disclose your Stored Data you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this User Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; or (4) protect the rights, property, or personal safety of Cloudtract, our Users or the public. Disclosures of Stored Data to third parties other than those required to provide customer support, administer these Terms, or comply with legal requirements are addressed in the Privacy Policy.

3.4. Intellectual Property Notices
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of Cloudtract and except for the limited license granted to you in Section 2, Cloudtract reserves all of its intellectual property rights in the Services. Cloudtract, logos and other Cloudtract trademarks, service marks, graphics, and logos used in connection with Cloudtract are trademarks or registered trademarks of Cloudtract. Other trademarks and logos used in connection with Cloudtract may be the trademarks of their respective owners. This User Agreement does not grant you any right or license with respect to any such trademarks and logos or any other intellectual property right.

C.4. Limited Warranty and Disclaimer

4.1. Limited Warranty
We ensure that we will try to operate the Services with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware. We do not make any other guarantees or warranties about the Services, or our performance of our responsibilities in this User Agreement. Any User information you submit to us is at your own risk of loss. Cloudtract provides the Services “as is” and “as available”. To the maximum extent permitted by applicable law and except as expressly set out in this User Agreement, Cloudtract makes no (and specifically disclaims all) representations, conditions or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the Services will be uninterrupted, error-free or free of harmful components, that the Content will be secure or not otherwise lost or damaged, or any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty or condition arising out of any course of performance, course of dealing or usage of trade. You acknowledge and agree that your use of the Services are at your own discretion and sole risk and that you will be solely responsible for loss of data that results from the submission or download or upload of such content. Some jurisdictions do not allow the exclusion of implied warranties or conditions, in such an event such exclusion will not apply solely to the extent prohibited by applicable law.

4.2. Disclaimer
We disclaim any legal liability for the quality, safety, or reliability of Cloudtract. If you are dissatisfied or harmed by Cloudtract or anything related to the Services, you may delete your User Login or Account to terminate this agreement in accordance with Section C.6 (“termination”) and such termination shall be your sole and exclusive remedy. Cloudtract is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, Improved Contract Proposals or any other user generated content) sent through the Platform to anyone. In addition, we neither warrant nor represent that your use of the Services will not infringe the rights of third parties. Any material, service, or technology described or used on our Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Cloudtract does not have any obligation to verify the identity of the persons or organizations subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other Users of the community; therefore, Cloudtract disclaims all liability for identity theft (personal or organizational) or any other misuse of identity or information by others. Cloudtract does not guarantee that the Services it provides will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. Cloudtract disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Cloudtract disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

C.5. Limitation of Liability

Neither Cloudtract, its employees nor its shareholders shall be liable for (a) any damages, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Cloudtract application or from Stored Data, accessed through or downloaded from Cloudtract. Nothing in this User Agreement will exclude or limit Cloudtract’s liability in respect of any: (a) death or personal injury caused by Cloudtract’s negligence; (b) fraud or fraudulent misrepresentation on the part of Cloudtract; or (c) matter which it would be illegal or unlawful for Cloudtract to exclude or limit, or to attempt to purport to exclude or limit, its liability.

C.6. Termination

6.1. Mutual rights of termination
Cloudtract and its Users can each end this User Agreement anytime they want. You may terminate this User Agreement, at any time, by deleting your User Login or Account pursuant to Section 8.3. This termination will be effective upon Cloudtract processing your termination. We reserve the right to temporarily suspend or terminate this contract, and there for your access to the Service at any time in our sole discretion, without incurring liability of any kind to you for your actual or suspected violation of these Terms. We will use commercially reasonable efforts to notify you through the Services. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Cloudtract Account includes disabling your access to the Platform and Services and may also restrict you from any future use of Cloudtract.

6.2. Misuse of the Services
Cloudtract may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services creating multiple false profiles; using the Services commercially without Cloudtract’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section C.9, or any other behavior that Cloudtract, in its sole discretion, deems contrary to its purpose. Cloudtract is not responsible nor liable for any damages of third parties caused by the misuse of the Services by Users.

6.3. Effect of Termination
Upon termination of your Cloudtract User Login or Account, you lose access to the Platform and our Services. The Terms of this User Agreement shall survive any termination, except Section 2 (“Your Rights”) and Sections 3.1., 3.2., and 3.3. (“Our Rights and Obligations”).

C.7. Dispute Resolution

7.1. Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in an Amsterdam court, applying Dutch law. This User Agreement or any Claim, shall be governed by Dutch laws regardless of your country of origin or where you access Cloudtract, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Cloudtract agree that all Claims must be resolved exclusively by an Amsterdam court, except as otherwise agreed by the parties. You and Cloudtract agree to submit to the personal jurisdiction of the Amsterdam court for the purpose of litigating all such Claims. Notwithstanding the above, you agree that Cloudtract shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

C.8. General Terms

8.1. Severability
Here are some important details about how to read the User Agreement.
If any provision of this User Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this User Agreement will not be affected in any way.

8.2. Language
Where Cloudtract may provide you with a translation of the English language version of this User Agreement, the Privacy Policy, you agree that the translation is provided for your convenience only and that the English language versions of this User Agreement, the Privacy Policy, will govern your relationship with Cloudtract.

8.3. Notices and Service of Process
In addition to Section 1.7. (“Notices and Service Messages”), we may notify you via postings on www.Cloudtract.com. You may contact us here.

8.4. Entire User Agreement
You agree that this User Agreement constitutes the entire, complete and exclusive agreement between you and Cloudtract regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this User Agreement

8.5. Amendments to This User Agreement
We may change the Terms of this User Agreement from time to time due to changes in our Services, the laws that apply to us and you or for any other reason. We will date and post the version of these Terms on our Website that is currently applicable. If we make any changes, we will notify you by revising the “Last Updated” date at the top of these Terms and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Any changes will be effective upon posting the revised version of these Terms on the Platform (or such later effective date as may be indicated at the top of the revised Terms). We reserve the right to modify, supplement, or replace the terms of this User Agreement, effective prospectively upon posting at the Website or notifying you otherwise. For example, we may present a banner on the Platform when we have amended this User Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this User Agreement, you can terminate this User Agreement at any time per Section C.6.

8.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this User Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

8.7. No Injunctive Relief
You waive your rights to try to stop Cloudtract from its actions related to its performance of the Services, but we don’t waive our rights to ask a court to stop your actions. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

8.8. Assignment and Delegation
You may not assign or delegate any rights or obligations under the User Agreement. Any purported assignment and delegation shall be ineffective. We may assign or delegate all rights and obligations under the User Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Cloudtract for any third party that assumes our rights and obligations under this User Agreement.

C.9. Cloudtract Do’s and Don’ts

As a condition to access Cloudtract, you agree to this User Agreement and to strictly observe the following DO’S and DON’TS. Please note that the DO’S and DON’TS clauses as described below are non-exhaustive lists. Other DO’S and DON’TS may arise from this User Agreement:

 

9.1. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

 

2. Provide accurate information to us and update it as necessary;

 

3. Review and comply with our Privacy Policy;

 

4. Review and comply with notices sent by Cloudtract concerning the Services; and

 

5. Use the Services in a professional manner.

 

9.2. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by adding inappropriate, inaccurate, or objectionable content to the Platform;

 

2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, or other information that is confidential in nature;

 

3. Harass, abuse or harm another person;

 

4. Use or attempt to use another’s User Login;

 

5. Upload, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Includes information that you do not have the right to disclose or make available under any;
d. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
e. Includes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
f. Contains software viruses, worms, or any other computer code, Uploaded Files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Cloudtract or any User of Cloudtract;
g. Manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

 

6. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Platform except as permitted in this User agreement, or as expressly authorized by Cloudtract;

 

7. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

 

8. Utilize or copy information, content or any data you view on or obtain from Cloudtract to provide any service that is competitive, in Cloudtract’s sole discretion, with Cloudtract;

 

9. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Cloudtract;

 

10. Adapt, modify or create derivative works based on Cloudtract or technology underlying the Services, or other Users’ content, in whole or part;

 

11. Rent, lease, loan, trade, sell/re-sell access to Cloudtract or any information therein, or the equivalent, in whole or part;

 

12. Sell, sponsor, or otherwise monetize the Services or any functionality of the Platform, without the express written permission of Cloudtract;

 

13. Deep-link to our Website for any purpose, (i.e. creating or posting a link to a Cloudtract web page other than Cloudtract’s home page);

 

14. Remove any copyright, trademark or other proprietary rights notices contained in or on Cloudtract, including those of Cloudtract;

 

15. Remove, cover or otherwise obscure any form of advertisement included on Cloudtract;

 

16. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Cloudtract except as expressly permitted in this User Agreement or as the owner of such information may expressly permit;

 

17. Share information of (non-) Users without their express consent;

 

18. Infringe or use Cloudtract’s brand, logos or trademarks, including, without limitation, using the word “Cloudtract” in any business name, email, or URL or including Cloudtract’s trademarks and logos or as expressly permitted by Cloudtract;

 

19. Use manual or automated software, devices, scripts robots, other means or processes to access, scrape, crawl or spider any web pages or other services contained in the site;

 

20. Use bots or other automated methods to access the Platform, add or edit Stored Data or User Data, or perform other similar activities through Cloudtract, unless explicitly permitted by Cloudtract;

 

21. Access, via automated or manual means or processes, Cloudtract for purposes of monitoring Cloudtract’s availability, performance or functionality for any competitive purpose;

 

22. Engage in framing, mirroring, or otherwise simulating the appearance or function of our Website;

 

23. Attempt to or actually access the Platform by any means other than through the interfaces provided by Cloudtract such as by navigating to www.Cloudtract.com using a web browser. This prohibition includes accessing or attempting to access the platform using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Cloudtract;

 

24. Attempt to or actually override any security component included in or underlying Cloudtract;

 

25. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Cloudtract’s infrastructure, including, but not limited to, sending unsolicited communications to Cloudtract personnel, attempting to gain unauthorized access to the Platform, or transmitting or activating computer viruses through or on the Platform; and/or

 

26. Interfere or disrupt or game the Platform or the Services, including, but not limited to, any servers or networks connected to Cloudtract, or Cloudtract’s algorithms.

Privacy

Privacy Policy

Please note that this Privacy Policy and the Terms and are collectively referred to as “Cloudtract’s User Agreement”.

Here we describe which data we collect and how we collect it, use and handle your information when you use our Websites and Services. Cloudtract will comply at all times with the relevant regulations regarding personal data protection. Complying with these regulations also implies that under certain circumstances Cloudtract is forced to provide the authority User data to third parties. You issue, by agreeing to this Privacy Policy, your express consent.

Why do we collect data

We may use the information we collect about you for a variety of purposes, including:

 

Provide, operate, maintain and improve our Services; Enable you to access and use the Platform; Send you technical notices, updates, security alerts and support and administrative messages; Respond to your contributions and requests and provide customer service and support; Communicate with you, where you have agreed or where the law permits, for marketing purposes, including to inform you about Improved Contract Proposals; Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes; Investigate and prevent unauthorized access to the Services or other illegal activities;

 

For other purposes about which we will notify you.

What data do we collect

We distinguish the following types of information within the Services:
User Data, which consists of Personal User Data and Company User Data
Stored data, which consists of: Uploaded Files and Contract Data, which consists of Contract Terms and Contract Info.

 

When you use our Services, we store, process and transmit your files. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.

What data do we share

Information we will not deliberately hand over or sell to third parties: Personal User Data (first and last name, email address and legal entity name). They are destroyed the moment you terminate your User Agreement.

 

Information we will not deliberately hand over or sell to third parties: Uploaded Files and your Contract Info (primary contact, which Users can see this contract, secondary contact, reference, notes). They are destroyed the moment your Account is terminated.

 

Information we may share with third parties: Contract Terms. Note that this is not in combination with your User Data. That makes your specific Contract Terms anonymous contract Terms. They are not destroyed when you delete your Account, but kept as anonymous Contract Terms.

 

Information we may share with third parties: Company User Data (sector of the legal entity and number of employees of legal entity). Note that this is not in combination with your legal entity name, so that makes your identifiable Company Data, anonymous Company Data. They are not destroyed when you delete your Account, but kept as anonymous Company Data.

Who do we share it with

Others working for Cloudtract. Cloudtract may use certain trusted third parties to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy Policy.

 

Other users. Our Services display information like your name and email address to other Users of your Account in places like your user details and Contract Data.

 

Your Admin has the ability to control your User Login. Please refer to your employer’s internal policies if you have questions about this.
Research. Cloudtract may sell anonymized data to third parties like research agencies or PR agencies etc.

 

Law and Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Cloudtract or our users; or (d) protect Cloudtract’s property rights.

 

Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data and your contracts should receive the same legal protections regardless of whether it’s stored within our Services or on your company’s hardware (servers, pc, tablets etc.) or paper files.

How do we secure your data

We have a team of specialists keeping your information secure. Periodically we test our Website for vulnerabilities like malware, malicious JavaScript, suspicious redirections, and more.

 

The highest level of confidentiality, integrity and availability of data to our customers is our #1 priority. All your data is encrypted and stored on our servers. The server hardware is facilitated by AWS, Amazon Web Services. AWS has an excellent record on security and data protection. AWS is compliant with all major regulations, standards and best-practices, resulting in the certifications for ISO 27001, SOC 1/SSAE 16/ISAE 3402 (formerly SAS70).

 

Both AWS and our own staff have no access to your uploaded files, our own staff can only see your User data (see “Who do we share it with” under what circumstances they can). Using 128-bit SSL (Secure Socket Layer) your data is encrypted and not visible to others when browsing our site, just like an online banking transaction. McAfee checks our website every day for malware, malicious JavaScript, suspicious redirections, and more.

Contact

If you have any questions after reading this Privacy Policy, or our Terms? Please do not hesitate to contact us.

Disclaimer

Website Disclaimer

No warrenties

This website, www.cloudtract.com, is provided “as is” without any representations or warranties, express or implied. Cloudtract makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, Cloudtract does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Cloudtract will not be liable to you (whether under the law of contact, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Cloudtract has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Cloudtract’s liability in respect of any: death or personal injury caused by Cloudtract’s negligence; fraud or fraudulent misrepresentation on the part of Cloudtract; or matter which it would be illegal or unlawful for Cloudtract to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use the services provided via this website or the website itself.

Other parties

You accept that Cloudtract, as a limited liability corporation, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cloudtract’s employees in respect of any losses you suffer that are related to the website or the use of the services offered by Cloudtract. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Cloudtract’s employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cloudtract.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Cookies

Cookie Policy

When you access our websites you will receive a message that we place cookies on your computer. This is necessary in order to display the webpage to you. If you continue to use our websites, further cookies will be placed on your computer to maximize your experience on our websites and to help us understand how we can improve them.

What is a cookie?

A cookie is a small file of letters and numbers downloaded on to your computer when you access certain websites. Like virtual door keys, cookies unlock a computer’s memory and allow a website to recognize users when they return to a website by opening doors to different content or services. Cookies enable us to identify your device, and enable the functioning of Cloudtract features, including your ability to log into your account.

Does Cloudtract use cookies?

As described in our Privacy policy, Cloudtract uses cookies and similar technologies like pixels and tags to ensure that we give you the best possible experience with our services. If you don’t want to receive cookies, you can change your browser settings. If you use Cloudtract without changing your browser settings, we assume that you’re happy to receive all cookies on the Cloudtract website.

 

Please remember, if you delete all your cookies, some features of our websites, such as remembering your login details, will not work and your experience on our websites may be affected. Please note that the Cloudtract site will not work properly without cookies.

What types of cookies does Cloudtract use?

Cloudtract uses multiple types of cookies:

 

1. A persistent cookie is set once you’ve logged in to your Cloudtract account. The next time you visit the Cloudtract website using the same device, the persistent cookie will enable us to recognize you as an existing user.

 

2. A session cookie is used to identify a particular visit to the Cloudtract website. Session cookies expire after a short time, or when you close your web browser.

 

3. A tracking cookie, as its name suggests, is a cookie that tracks your movements on the internet. You may see advertisements from us on the internet. The cookies we use to send you our advertisements , may be based on your visits to our websites. Tracking cookies help us to measure the effectiveness of our advertising campaigns; and limit the number of times you see an advert. We also use cookies to tailor the content of newsletters and emails we may send you to ensure that the content is more relevant to you. We also include links to social networks like Facebook and LinkedIn who may subsequently use information about your visit to target advertising on their websites.

When does Cloudtract put cookies on my device?

Cookies may be set by Cloudtract when you visit the Cloudtract website.

What are cookies used for?

Cookies can be used to do lots of different things, like recognize you when you navigate to Cloudtract.com, storing your personal settings and improving your experience. Cookies also make your interactions with Cloudtract more secure, faster, and help us ensure that your Cloudtract experience is personalized to you and in line with your settings. Cloudtract uses cookies for a number of purposes, including:

 

Authentication: Cloudtract uses cookies to recognize you if you are logged in to Cloudtract, so that we can show you the right information.

 

Security: Cloudtract uses cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our User Agreement.

 

Preferences, features and services: Cloudtract uses cookies to know which language you prefer and they help you get access to the right information on our platform.

 

Advertising: Cloudtract may use cookies to show you relevant advertising both on and off the Cloudtract website. We may also use a cookie to learn whether members who saw an ad on Cloudtract later visited the advertiser’s site. We may also show you an ad on or off Cloudtract.com.

 

Performance, Analytics and Research: Cloudtract uses cookies to help us learn how well our website perform across the globe. We also use cookies to understand, improve, and research products, features, and services. Most browsers allow you to control cookies through their settings preferences. Limiting the ability of websites to set cookies, however, may worsen your user experience.