This Software as a Service Agreement (“Agreement”) is a legally binding contract between you (the “Customer”) and Kloudbean.com (“Kloudbean”), a product of Kloudbean Internet, Inc., governing your use of the Kloudbean Platform (“Service”). Please carefully read and understand this Agreement as it contains important terms that will apply to your use of the Service. By using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Service. This Agreement begins immediately upon your signup and will continue until all subscriptions are terminated.

Support Services

For the 1 month period beginning on the Effective Date, and at Kloudbean’s own expense, Kloudbean shall provide Customer with:

1. Chat or electronic support during Kloudbean’s normal business hours to help Customer locate and correct problems with the Service and any related software.
2. Internet-based support system generally available seven days a week, twenty-four hours a day.

Service Levels

Kloudbean shall provide the Service to Customer with a System Availability of at least 99.5% during each calendar month.

Kloudbean may take the Service offline for scheduled maintenances that it provides Customer the schedule for in writing (though this scheduled maintenance time will not count as System Availability), and Kloudbean may change its schedule of maintenances on [one] month written notice to Customer.

User Obligations

Customer shall be responsible for:

• Obtaining and maintaining all computer hardware, software, and communications equipment needed to internally access the Service.
• Paying all third-party access charges incurred while using the Service.
• Implementing, maintaining, and updating all necessary and proper procedures and software for safeguarding against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively “Viruses”).
• Abiding by all local and international Laws and regulations applicable to its use of the Service.
• Using the Service only for legal purposes and complying with all regulations, policies, and procedures of networks connected to the SaaS.

Restricted Uses

Customer will not:

• Upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service.
• Modify, disassemble, decompile, or reverse engineer the Service.
• Probe, scan, test the vulnerability of, or circumvent any security mechanisms used by the sites, servers, or networks connected to the Service.
• Take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service.
• Copy or reproduce the Service.
• Access or use any other clients’ or their users’ data through the Service.
• Maliciously reduce or impair the accessibility of the Service.
• Use the service to post, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material.
• Transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.

Ownership of Intellectual Property

Kloudbean will retain all interest in and to the Services, including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with the Service, including Kloudbean’s name, logos, and trademarks reproduced through the Service.

Cancellation

Either party may cancel this Agreement for any reason on 1 business day’s notice to the other party.

Effect of Cancellation

If the subscription is canceled within 60 calendar days after signup, then Kloudbean shall provide a full refund of the most recent payment upon request.

Indemnification

Kloudbean (as an indemnifying party) shall indemnify Customer (as an indemnified party) against all losses and expenses arising out of any proceeding:

1. Brought by a third party.
2. Arising out of a claim that the Services infringe the third party’s Intellectual Property rights.

Kloudbean will be required to indemnify Customer only if:

1. Customer’s use of the Services complies with this Agreement and all documentation related to the Services.
2. The infringement was not caused by Customer modifying or altering the Services or documentation related to the Services unless Kloudbean consented to the modification or alteration in writing.
3. The infringement was not caused by Customer combining the Services with products not supplied by Kloudbean unless Kloudbean consented to the combination in writing.

Limitation on Liability

Neither party will be liable for breach-of-contract damages suffered by the other party that are remote or speculative or that could not have reasonably been foreseen on entry into this Agreement.

Kloudbean’s liability under this Agreement will not exceed the fees paid by Customer under this Agreement during the 12 months preceding the date upon which the related claim arose.

Entire Agreement

The parties intend that this Agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this Agreement and refer to this Agreement:

1. Represent the final expression of the parties’ intent relating to the subject matter of this Agreement.
2. Contain all the terms the parties agreed to relating to the subject matter.
3. Replace all of the parties’ previous discussions, understandings, and agreements relating to the subject matter of this Agreement.

Amendment

Kloudbean may amend the terms and conditions of this Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL https://www.kloudbean.com/terms-of-service/.

Assignment

Neither party may assign this Agreement or any of their rights or obligations under this Agreement without the other party’s written consent.

Governing Law

This Agreement shall be governed, construed, and enforced in accordance with the laws of the Ludhiana, Punjab, India, without regard to its conflict of laws rules.

Severability

If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

Waiver

Neither party’s failure or neglect to enforce any rights under this Agreement will be deemed to be a waiver of that party’s rights.

A waiver or extension is only effective if it is in writing and signed by the party granting it.

A party’s failure or neglect to enforce any of its rights under this Agreement will not be deemed to be a waiver of that or any other of its rights.

No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

Force Majeure

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.