1. Introduction
Last Updated: October 1, 2023
Thank you for your interest in Treecloud Technologies Ltda de CV (“Treecloud,” “we,” “our,” or “the Company”) and our website treecloud.com.sv (“the Site”). These terms and conditions, along with Treecloud’s Privacy Policy (together, these “Terms”), govern your access and use of the Site, so please read them carefully.
BY CLICKING “ACCEPT” OR BY OTHERWISE ACCESSING OR USING THE SITE, you are agreeing to be bound by these Terms, all applicable laws and regulations, and you acknowledge that you are responsible for complying with local laws. If you are an entity, organization, or company, the person accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them. If you do not agree to any of these Terms, you are prohibited from using or accessing the Site.
2. License to Use
Subject to your complete and ongoing compliance with these Terms, Treecloud grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Site, solely with compatible web browsers over the Internet, for your internal purposes. You may not allow the Site to be used by unauthorized third parties. Nothing in these Terms shall be construed as granting you the right to transfer or assign rights to access or use the Site. All rights not expressly granted are reserved by Treecloud and its licensors. You may not (i) modify or create derivative works based on the Site; (ii) decompile the Site or access it to (a) create a competing product or service, (b) develop a product with features, functions, or graphics similar to those of the Site, or (c) copy any features, functions, or graphics of the Site. Additionally, you acknowledge and agree that, among the parties, Treecloud owns all rights, titles, and interests in the Site, including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site, as well as all intellectual property rights in them.
3. Term and Termination
These Terms are effective from the moment you accept them or first access or use the Site, and they terminate as described below. If you violate any provision of these Terms, your authorization to access the Site and these Terms will terminate automatically. Additionally, Treecloud may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site at any time and for any reason or without reason, with or without prior notice. You may terminate these Terms at any time by sending an email to [email protected]. Upon the termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Site.
4. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Treecloud and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “Treecloud Entities”) harmless from any claim brought by a third party and any loss, cost, expense, damage, or other liabilities related to: (a) your unauthorized or misuse of the Site; (b) a breach of any provision of these Terms; (c) a violation of any applicable law or regulation; (d) a violation of any third-party rights, including intellectual property, publicity, confidentiality, ownership, or other privacy rights; or (e) any dispute or issue between you and a third party. Any indemnification is subject to our written notice of such claim, demand, action, cost, liability, loss, or related threat. We reserve the right, at our cost, to assume the exclusive defense and control of any matter subject to indemnification (without limiting your indemnification obligations regarding that matter) and, in such case, you agree to cooperate with our defense of such claims. We also reserve the right to report any wrongdoing of which we become aware to the relevant governmental agencies or other authorities.
5. Disclaimer
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Treecloud makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights, and any warranty arising from a course of dealing, usage, or trade. Treecloud does not warrant that the Site or any part of the Site, or any material or content offered through the Site, is accurate, complete, current, or that they will be uninterrupted, secure, or free from errors, viruses, or other harmful components; and Treecloud does not warrant that these issues will be corrected. Treecloud may make changes to the Site at any time without prior notice, including the limitation or discontinuation of certain Site features. However, Treecloud is not committed to updating the Site. Treecloud shall not be liable for any changes to the Site or for the suspension or termination of your access or use of the Site.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TREECLOUD OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF TREECLOUD OR A TREECLOUD AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREECLOUD’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO $100. Because some jurisdictions do not allow implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Each provision of these Terms that provides a limitation of liability, a disclaimer of warranties, or an exclusion of damages is intended to allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is independent of all other provisions of these Terms. The limitations in this Section 5 shall apply even if any limited remedy fails of its essential purpose.
7. Modifications
Treecloud may revise these Terms at any time without prior notice; however, if we make material changes to these Terms, we will make commercially reasonable efforts to notify you. By continuing to use the Site, you agree to be bound by the current version of these Terms.
8. Applicable Law
Any claim relating to the Site or these Terms shall be governed by the laws of El Salvador, without regard to its conflict of laws provisions.
9. Support
We are not obligated to provide support for the Site. In cases where we may offer support, such support will be subject to published policies.
10. Contact Information
You can contact us by sending an email to [email protected].