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The following Terms and conditions apply with effect from July 1st 2023. By using the Service, You will be deemed to have accepted these terms and conditions which constitute the Agreement. Please note these Terms and conditions may be updated from time to time as stipulated below. Changes will be posted on our Website at www.cloud-inject.io/tos and a message sent to You. Continuing to use the Service after changes have been posted on our Website will mean that You agree to these Terms as amended. All services, offers and promotions may be subject to additional terms and conditions advertised on our Website and form part of these Terms and conditions.
The following definitions are applicable whether the terms defined below are used in singular or plural:
2.1.1. CLOUD-INJECT.IO provides deep software architecture analysis of the KOIN based part of your Target Application.
2.1.2. By doing so, your programing teams will have reliable information on the Target Application behavior and be able to correct its infrastructure making it more reliable.
2.1.3. CLOUD-INJECT.IO will supervise and provide information on infrastructure stability and robustness enabling your teams to anticipate production issues and moderate production risk typically when launching a new Target Application version.
2.2.1. Either RAW or Final Data storage is ensured by KOTZILLA SAS
2.2.2. The standard Raw Data storage is of 15 rolling days Raw Data and is stored on a FIFO (First In First Out) base, meaning that upon the 16th day of storage the outbound (“day 1”) Raw Data is destroyed therefore there is no Raw Data restitution provided under the standard Subscription Contract.
2.2.3. Final Data is available on a permanent basis and stored as per a FIFO (First In First Out) logic. During this rolling period of time, Customer has access (view) to the Final Data and monitoring as defined in the Services. This is called the Analysis Period.
2.2.4. Outside the Analysis Period, Customer has access (view) to a series of static KPI (defined in Services) which remain available unless Contract Termination.
2.2.5. KOTZILLA SAS may delete your account and its content including the Final Data after a period of 6 months without any activity or login from the Customer.
2.2.6. KOTZILLA SAS does not engage on any additional data storage request. Therefore, any additional Customer storage need shall be treated on case by case following a Customer duly written request and is not covered by the standard Subscription Contract but subject to a specific amendment.
2.3.1. KOTZILLA SAS shall not be bound to develop any new features nor to offer any new service or make any specific development requested by any Customer.
2.3.2. The use of available new features as may be released by KOTZILLA may be subject to additional Fees, not mentioned in the Subscription.
2.4.1. KOTZILLA SAS shall provide Support to the Customer during normal business hours.
2.4.2. KOTZILLA SAS will use commercially reasonable efforts to respond to all major issues. For the avoidance of doubt, questions which are not technical in nature and which relate e.g., to the availability of a specific service, shall not be part of the Support.
2.4.3. KOTZILLA SAS shall not be bound to answer all such questions but shall endeavor to do so as soon as reasonably practicable.
3.1.1. We agree to make the Services available to you on the terms and conditions of this Agreement.
3.1.2. This Agreement will start, and you are deemed to accept the Terms and conditions of this Agreement, when you start Using the Service.
3.1.3. You may cancel the Agreement at any time in accordance with articles below.
3.1.4. The Service may not be available in all countries and may be restricted to certain areas.
3.1.5. Our Service may from time to time require updating, upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
3.1.6. From the moment you create your account with us, but limited to a data amount of 2 Giga Bytes (hereafter GB) per month whichever terminates first, you may use our services on a Free of charge basis.
3.1.7. We will use reasonable endeavors to maintain the Service but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. As we allow you access to the Services, you accept that we will not be liable for any action you take in reliance on the Service.
3.1.8. We may vary the technical specification of the Service from time to time.
3.1.9. The Service enables access to Processed Data. You may only use Processed Data in a way that does not infringe the rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding the use of Services and Tools.
3.1.10. You are solely responsible for evaluating the accuracy and completeness of any Processed Data and the value and integrity of the Services offered. We will not be a party to or in any way responsible for any use concerning Processed Data.
3.1.11. We may cap your Raw Data capacity. Any use in excess of these caps will be charged at our Raw Data standard rates. For data consumption cap and related rates to be charged see Commercial Conditions below.
4.1.1. KOTZILLA makes no representation and gives no warranty that CLOUD-INJECT.IO or CLOUD-INJECT SDK are error free. The obligation of KOTZILLA SAS is limited to making reasonable efforts (obligation of means) to make sure that KOTZILLA Tools operate as expected and constitute a reasonably dependable tool for the provision of the Services.
4.1.2. KOTZILLA SAS shall use reasonable efforts consistent with prevailing industry standards to maintain the KOTZILLA Tools in a manner which minimizes errors and interruptions in the Services. Services may however be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by KOTZILLA SAS or by third-party providers, or because of other causes beyond KOTZILLA SAS’s reasonable control.
4.1.3. KOTZILLA SAS shall use reasonable efforts to provide advance notice of any scheduled service disruption.
4.1.4. KOTZILLA SAS does not engage on the Tools availability in case of crash or another major incident or bug. Any different or specific security or resilience need should be addressed on case-by-case basis on a specific contract prior to subscription.
5.1.1. The Customer shall be responsible for obtaining and maintaining any IT equipment and ancillary services (incl. a good internet connection) needed to connect or access to, or to otherwise use the Tools and the Services inherent therein, including, without limitation, modems, hardware, servers, software, operating systems, and internet connection.
5.1.2. The Customer shall also be responsible for maintaining the security and integrity of such equipment and training its personnel.
6.1. General description
6.1.1. Payment for accessing the Service is made through your credit card or account number provided upon subscription.
6.1.2. No refund will be made at any time.
6.2. The Free of Charge option – Devs offer
6.2.1. The free of charge version allows You the use up to 2 (two) GB within the ongoing calendar month. This means that if you reach the limit before the end of the ongoing month, you will be disconnected and find again a 2 (2) GB amount available on the next month. Any remaining GB at the end of a month will not be credited on the next month.
6.3. The Pay as You Go option – Teams offer
6.3.1. Option Pay as you go UP to a 100 (one hundred) GB is the best option when exploring which volume of analyzed data suits best your needs.
6.3.2. We will not have any obligation to make a refund to you if you purchased more Data than you intended to use, for whatever reason including contract Termination. The print of your credit card will be billed on the last day of each calendar month.
6.3.3. Price per GB can be subject to modification with prior notification of 1 month.
6.3.4. You will receive a notification upon reaching 90% of the available GB allowance.
6.4. The Pay before use option – Fix volume and price – Enterprise offer
6.4.1. Pay before use option is the best option when you already know or estimate your Raw Data volume to be analyzed
6.4.2. 6 months or 12 months subscription are based on Pay before use principle
6.4.3. Fixed firm price is valid for the subscription period is in EUROS or US Dollars payable monthly starting on the subscription day.
6.4.4. Pay before use price is subject to modification by the end of each period. Should this be the case, 15 days before the end of subscription period, the Customer will receive a renewal proposal to be accepted.
6.4.5. In case of exceeding data analysis, you will receive a warning message and you will have the possibility either to enhance your monthly subscription or, if it is a punctual increase, the exceeding data will be billed on the pay as you go basis.
7.1.1. You may NOT transfer or assign your Account with us to a third party.
8.1.1. If you do not carry out any activity at least once in any 6-month period, your Account may be disabled and you will lose any remaining credits balance on your Account. If you wish to be re-connected after this time you will be given a new Account.
8.1.2. We may at our discretion bar or disconnect your Account if we have reasonable cause to suspect fraudulent use of a credit card/debit card or bank information.
8.1.3. We may bar or disconnect your Account at any time if you fail to comply with the Terms and Conditions in any material way or; if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service or the License provided herewith.
9.1.1. You may cancel this Agreement and stop using the Services:
9.1.2. We may cancel this Agreement as we have the right to terminate or suspend your access to the Services as set out in Article 8 Our Rights to Bar or Disconnect You above.
10.1.1. Our Website as well as any information available on our Cloud-Inject platform are the property of KOTZILLA SAS.
10.1.2. Customers are provided a limited temporary, private, personal, non-transferable and non-exclusive access to the platform only for the use of the Services described herein as long as their subscription is valid and for each Target Application. This means that a single Customer may have several Accounts each linked to a single Target Application.
10.1.3. Access to the Website does not give You the rights to any intellectual property related to the Website or its contents which remains the exclusive property of KOTZILLA SAS.
10.1.4. You cannot, under any circumstances, copy, represent, modify, transmit, publish or adapt, on any medium or by any means whatsoever, or exploit in any way, all or part of the Website or its contents without the prior written consent of KOTZILLA SAS.
10.1.5. The CLOUD-INJECT SDK software is proprietary and subject to a specific license agreement, included into its code and available on its repository. You are committed to not installing, copying or using this software before having consented to the terms and conditions of said license.
11.1.1. No third party has access to either Raw or Processed Data.
11.1.2. All your financial or banking information is confidential and follows the confidentiality and security rules stated in the payment tools provided to you.
12.1.1. We have no liability to you other than to exercise the reasonable skill and care of a competent software application provider.
12.1.2. We do not accept liability for direct or indirect loss, such as loss of profit, loss of business, costs, expenses, or any other form of economic loss linked to our Services or the provision of our Services.
12.1.3. KOTZILLA SAS has no responsibility for the deletion, loss or corruption of any Data transmitted to or stored within a Server, unless this is caused by our gross negligence.
12.1.4. We are not liable for any impossibility to provide you the Services if caused by anything beyond our reasonable care and control.
13.1.1. Each provision of this Agreement operates separately.
13.1.2. Should any of the provisions of this Agreement become invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired. In such circumstances, the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as close as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.
14.1.1. We may increase or decrease our charges at any time, as well as introduce new charges (including new charges for aspects of the Service previously provided for free). Where we increase the Charges for the elements of the Service you are using, we will notify you before the changes become effective. Notification will be sent via text message or by email (if you have registered your email address with us). We will notify you and you will have the opportunity to cancel this Agreement under clause 9 above and stop using the Service.
14.1.2. We reserve the right to change our Terms and conditions of Service from time to time. We will notify you of any changes to these Terms by posting them on our Website. In addition to this we may also notify you by messages via the Service or by email.
14.1.3. We may not notify you of changes to these Terms and conditions if the changes are purely administrative and have no negative economic effect on You or if we are required by law to make the changes.
15.1.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.
15.1.2. Each of the parties acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.
15.1.3. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.
16.1.1. The failure or delay by either party to this Agreement to exercise or enforce any right, power or remedy under this Agreement shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.
17.1.1. The parties operate in accordance with Data Protection Laws. For the avoidance of doubt, there is no personal data exchange among any of the Services.
18.1.1. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the parties and nothing in this Agreement shall be construed to appoint one party as the distributor, dealer or agent of the other.
19.1.1. Any notice or other communication required or permitted under this Agreement to be given in writing shall be given in writing to the address of the recipient stipulated herein or as notified from time to time and will be deemed to have been given or made: when properly addressed and posted by first class mail in France within two Working Days of posting; or, if sent by e-mail or other electronic means at the time of transmission provided, if the sender can provide proof the notice was properly addressed.
20.1.1. The Parties agree that the avoidance and early resolution of any issues is crucial to smooth operation of Services.
20.1.2. Any incident or dispute shall be promptly notified to the other Party in writing. Parties shall use their best efforts to settle such dispute, controversy or claim arising out of this Agreement or the breach, termination or invalidity thereof. If the parties fail to agree terms of settlement within 90 days of the initiation of the procedure the dispute may be referred to the corresponding court in Toulouse, France.
21.1.1. This Agreement, and any issues or disputes of whatever nature arising out of or in any way relating to it or its formation (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the laws of France.