CloudFon is a product of CloudFon, Ltd. (the “Company”), hereby doing business as CloudFon (the “Web Application” or “Platform” or “System” or “app”).
https://www.cloudfon.net is a business communication platform that helps internet business communicate with their customers through one unified platform.
Throughout the Platform (https://www.cloudfon.net ) the terms “we”, “us” and “our” refer to CloudFon.
By visiting our Platform and/or purchasing something from us, you engage in our “service” and agree to be bound by the following Terms (the “Terms”). These Terms apply to all users of the Platform, including without limitation users who are browsers, affiliates, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the Platform or use any service.
Any new features or tools which are added to the current platform shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
DEFINITIONS
When the following words are used in these Terms, this is what they will mean:
Company : When the terms mention “Company”, it refers to CloudFon, Ltd., that is responsible for the information under this Agreement.
User : Means any person who accesses CloudFon Platform.
Service: Refers to the service provided by CloudFon and Third-party service as described in the relative Agreement.
Customer Refers to the User who accesses our platform (the “Platform”) and purchases any products or service with us.
Intellectual Property Rights: Means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Terms: This agreement set out in this document.
Platform : Computing framework on which applications may be run.
System : Is a collection of entities (hardware, software and liveware) that are designed to receive, process, manage and present information in a meaningful format.
Personal Information : Personal data , also known as personally identifiable information ( PII ) is any information relating to an identifiable person. For example, an individual’s name, signature, address, phone number or date of birth.
Notification: The email/push sent from CloudFon to a customer.
Platform: https://www.cloudfon.net
GENERAL RESTRICTIONS
You represent, warrant, and agree that you will not use the Platform, interact with the service, in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else;
Violates any law;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your CloudFon CX account or anyone else’s (such as allowing someone else to log in to the service as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Mail list, Listserv, any form of auto-responder or “spam” on the service, or any processes that run or are activated while you are not logged into the service, or that otherwise interfere with the proper working of the service (including by placing an unreasonable load on the service’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the service or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the service.
A VIOLATION OF THE FOREGOING IS GROUNDS FOR TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICE.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the Platform through which the service is provided, without express written permission by us. You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the products on the Platforms, the designs, brand trademarks, registered trademarks, or brand campaigns through which the service is provided, without express written permission by us.
ACCEPTABLE USE
You shall not
provide System passwords or other log-in information to any third-party;
share nonpublic System features or content with any third-party;
access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas; or
engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
If CloudFon suspects that you have violated the requirements of this section, we may suspend your access to the System without advanced notice, in addition to other remedies we may have.
CloudFon is not obligated to take any action against you or any other System user or other third party for violating this Agreement, but we are free to take any such action as it sees fit.
SYSTEM ACCESS
You are responsible and liable for:
your use of the Platform, including unauthorised conduct and conduct that would violate the requirements of these Terms;
any use of the Platform through your account or passwords, whether authorized or not.
UNAUTHORIZED ACCESS
You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting your password and other log-in information. You shall notify CloudFon immediately if you know of or suspect unauthorized use of the System or breach of its security.
COMPLIANCE WITH LAW
In using the Platform, you shall comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your content.
DISCLAIMER OF LIABILITY
CloudFon is not liable, and you agree not to hold us (owners, founder, co-founders, executive team, employees, subsidiaries, affiliates, agents) responsible for any: DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
The service and all products and service delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CloudFon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DISCLAIMER OF WARRANTIES
CloudFon disclaims all warranties, express or implied regard to this service. CloudFon does not make representations of any kind or warranties available to you through the Platform.
No oral advice or written information given by CloudFon or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
WITHOUT LIMITATING THE GENERALITY OF THE FOREGOING: (a) CloudFon HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGMENT OF INTELLECTUAL PROPERTY; (b) CloudFon DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PREFORM WITHOUT INTERRUPTION OR ERROR; (c) CloudFon DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (d) CloudFon DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICE PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.
RISK OF EXPOSURE
You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume the risks. CloudFon offers no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.
The Risks exist and are really dangerous in the online environment. It is important to be aware of the risks that subsist on the internet and how to minimize them:
Exposure to inappropriate material
Illegal activities
Harassment
Legal and financial risks
Identity theft
Cyberattack
Invasion of privacy
Data breach
Scams
CYBERSECURITY AND ONLINE PLATFORM DISCLAIMER
Cyber Security is technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
Cyber Security Incident is the loss or unauthorised destruction, alteration, disclosure of, access to, or control of a Digital Environment;
Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.
CloudFon has implemented administrative, physical and technical safeguards to protect Client’s Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement.
You understand and agree that sharing content online involves risks of unauthorised disclosure or exposure and that, in submitting your content to or transmitting it through the system, you assume the risks. CloudFon offers no representation, warranty, or guarantee that your content will not be exposed or disclosed through the System or through errors or the actions of third parties.
CloudFon is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
Your use of or your inability to use our Platform or Site Service;
Delays or disruptions in our Platform or Site Service;
Viruses or other malicious software got by accessing, or linking to, our Platform or Site Service;
Glitches, bugs, errors, or inaccuracies of any kind in our Platform or Site Service;
Damage to your hardware device from the use of the Platform or Site Service;
The content, actions, or inactions of third parties’ use of the Platform or Site Service;
A suspension or other action taken regarding your Account;
INFORMATION SECURITY EXPERTS
Regularly we consult with our developers if urgent issues arise with the Platform or if there are scheduled feature releases or upgrades.
Hosting company will only be asked to access the data in the Platform’s event being down or server issues.
We may consult with security experts to ensure continuous Platform safety and compliance.
CYBERATTACK DISCLAIMER
A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption on other nefarious reasons.
Normally, a cyberattack is carried out by someone who is not, or was not, a member of your organization.
CloudFon strives to protect Customers against Cyberattacks. We have implemented our system with security experts; we take different types of security measures to protect our users.
We are not liable for any Cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the CloudFon Platform is at your sole risk. In no event will CloudFon, CloudFon professionals or their officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use data or other intangible losses arising out of or related to your use of the Platform or the service.
Types of Cyberattacks we take no responsibility :
Malware : is a type of application that can perform a variety of malicious tasks – spy on the user in other to obtain credentials or other valuable data or to cause disruption.
Phishing : is where the attacker tries to trick an unsuspecting victim into handing over valuable information, such as passwords, credit card details, intellectual property, and so on.
MITM - Man-in-the-middle-attack is where an attacker intercepts the communications between two parties in an attempt to spy on the victims, steal personal information or credentials, or perhaps alter the conversation in some way.
DDoS – Distributed Denial-of-Service attack – is where an attacker essentially floods a target server with traffic in an attempt to disrupt, and perhaps even bring down the target. A DDoS attack is able to leverage multiple compromised devices to bombard the target with traffic.
SQL injection : is a type of attack which is specific to SQL databases. The attacker can exploit the HTML form to execute queries that will create, read, modify, or delete the data stored in the database.
Zero-day exploit : is where cyber-criminals learn of a vulnerability that has been discovered in certain widely-used software applications and operation systems, and then target organizations who are using that software in order to exploit the vulnerability before a fix becomes available.
DNS tunnelling : is a sophisticated attack vector that is designed to provide attackers with persistent access to a given target. Attacker are able to insert or tunnel malware into DNS queries. The malware is used to create a persistent communication channel that most firewalls are unable to detect.
BEC – Business Email Compromise : is where the attacker targets specific individuals, usually an employee who has the ability to authorize financial transactions, in order to trick into transferring money into an account controlled by the attacker. BEC attacks usually involve planning and research in order to be effective.
Cryptojacking : is where cyber criminals compromise a user’s computer or device and use it to mine cryptocurrencies, such as Bitcoin. Organizations don’t have great visibility when it comes to this type of attack, which means that a hacker could use valuable network resources to mine a cryptocurrency without the organization having any knowledge of it.
Drive by Attack : A drive by download’ attack is where an unsuspecting victim visits a Platform which in turn infects their device with malware. The Platform in question could be one that is directly controlled by the attacker, or one that has been compromised. In some cases, the malware is served in content such as banners and advertisements.
Cross-site scripting (XSS) attacks: Cross-site scripting attacks are quite similar to SQL injection attacks, although instead of extracting data from a database, they are typically used to infect other users who visit the Platform. It can happen on the comment section on a webpage.
Password attack : is a type of cyberattack where an attacker tries to guess or cracks a user’s password. Some examples: Brute-force attack, Dictionary attack, Rainbow table attack, Credential stuffing, Password spraying and Keylogger attack.
Eavesdropping attack : Sometimes referred as “snooping” or “sniffing”, an eavesdropping attack is where the attacker looks for unsecured network communications to intercept and access data that is being sent across the network.
AI-Powered attack : AI-powered software is able to slave machines to perform a huge DDoS attack. Also, can learn what kinds of approaches work best and adapt their attack methods accordingly. They can use intelligence feeds to quickly identify software vulnerabilities, as well as scan systems themselves for potential vulnerabilities. AI-powered attacks can work around the clock, they are fast, efficient, affordable and adaptable.
IOT-Based attacks : is a type of attack where an attacker goes through an IOT (internet-of-things) device and exploit target such as medical devices, security systems, smart thermometers in order to launch large-scale DDoS attacks.
PRIVACY POLICY
You acknowledge the collection, use, disclosure and other handling of information described in our Privacy Policy which we may update from time to time.
CONDUCT AND BEHAVIOUR
Without limitation other remedies, we may limit, suspend, or terminate your user account and access to our service, restrict or prohibit access to, and your activities on, our service, remove or demote, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our service if:
we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
we think that such restrictions will improve the security of the CloudFon community or reduce our or another CloudFon User’s exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of these Terms or our policies or abuse our employees or users.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Platform is not accurate, complete or current. Any reliance on the material on this Platform is at your own risk. This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.
THIRD-PARTY LINKS
Certain content, products and service available via our service may include materials from third-parties. Third-party links on this Platform may direct you to third-party Platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or service of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, service, resources, content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platform or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related Platform, should be taken to indicate that all information in the service or on any related Platform has been modified or updated.
INDEMNIFICATION
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Platform or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of the United States of America.
CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the service following the posting of any changes to these Terms constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms should be sent to us at support@cloudfon.net