To make things simple, we’ll use the following terms:
- “Service” means one or more of the Cirrus Seven Services, including all of its content and analytics;
- “you” and its derivatives means you and your company (if there is one);
- “Cirrus Seven”, “C7,” “we” or “us” and their derivatives mean Cirrus Seven, Inc.;
- “Order” means an order for one or more of our Services; and
- “Charges” means all charges, fees and other amounts due under the Terms for Services.
These TOU set forth the terms (the “Terms”) under which we will provide Services to you.
1. This is Plain English Contract
We have done our best to avoid most of the legal terms and language that typically makes these things confusing to normal people, but a few legal concepts are unavoidable — like these:
- When you click “I Agree” at the bottom of an Order or otherwise use a Service you are entering into a binding contract with us in which you agree to abide by the Terms, including paying all Charges as they become due.
- From time to time we’ll make changes to the Terms. You promise to abide by the new Terms as soon as they are posted here. If you disagree with anything in the Terms, you should not use the Services because changes to the Terms will become effective immediately on posting and your use of the Services is always subject to the latest version of the Terms.
- Any information to which these TOU hyperlink are part of these TOU.
2. What We’ll Provide and What You’re Not Getting
- We will provide you with the Service(s) you select subject to the payment of all Charges due for those Services. Charges and other terms and conditions for the particular Service(s) you choose are detailed in the offer details for the Services you select.
- The Services and the Cirrus Seven name and logo are the property of Cirrus Seven and are protected by international treaties and laws of the U.S. and other countries, and, just to be clear, you’re not getting any rights in those things (other than the right to access and use the Services per the TOU). We own all intellectual property and other rights in and to Services and the systems and networks used to provide such Services (including all system generated data (e.g. performance data)). You agree to assign all rights you may have in the foregoing to us. Except for the express rights granted herein, we do not grant any other licenses, whether express or implied, to any of our property.
3. Provision and Use of the Services
Subject to the Terms, we will provide the Services to you and your authorized users.
- We will be able to chose, in our sole discretion, the equipment, tools, systems, software and hardware used to provide you with the Services you elect unless your Order specifies specific items you will be entitled to use.
- You shall provide us with all assistance as reasonably required for us to activate and operate the Services.
- You acknowledge that we may engage third parties to provide or enable elements of the Services.
- From time-to-time we may stop providing or supporting aspects of the Services. If we do so, we may replace them with comparable offerings, but we may elect not to or may not be able to do so. If we don’t replace these aspects, it will not be a breach of these TOU though you may be entitled to a rebate for any prepaid Charges.
- Certain aspects of the Services may be in beta, technical preview, or otherwise not yet released into general availability (“Previews”). Previews are made available to you on the condition that you agree to these additional terms. PREVIEWS ARE PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND ARE EXCLUDED FROM THE SLAs AND LIMITED WARRANTY. Previews may not be covered by customer support. Previews may be subject to reduced or different security, compliance and privacy commitments, as further explained in our Privacy Statement [hyperlink], and any additional notices we provide with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into production.
- Access and use of the Services and any content made available through the Services or that you otherwise obtain in connection with the Site or the Services is permitted only [for your personal use or internal company use] as intended pursuant to the Terms.
4. Your stuff
When using the Services you will provide us with your content and data
(“Data”). You retain full ownership to your Data. We don’t claim any ownership to any of it. This Agreement do not grant us any rights to your Data or intellectual property except for the limited rights that are needed to run the Services, as explained herein. We may need to make design choices to technically administer the Services, for example, how to replicate, store, scale, cluster, compress, decompress or backup your Data. You hereby give us full permission to make any such design choice.
5. Service Level Agreements.
Our Service Level Agreements (“SLAs”) set forth our commitments around uptime and connectivity for the Services.
- We provide support through a variety of methods (e.g. knowledgebase, forums, chat) (“Support”). Please refer to [insert hyperlink] for the most current support information.
- If you abuse our support staff or any of our employees, we may terminate this agreement and your access to the Services effective immediately.
- During our interactions with you, including while providing Support, we may solicit or you may provide feedback about the Services. You agree that we are free to use and disclose this feedback for any purpose. If we make any changes to our current services or products, or develop new products or Services, using the feedback, then you agree that we own all right, title and interest to such changes or new products or Services.
Acceptable Use Policy
Neither you nor those that access the Services through you may use the Services:
- in a way prohibited by law, regulation, governmental order or decree;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any Service, data, account or network by any means;
- to falsify any protocol or email header information (e.g., “spoofing”);
- to spam or distribute malware;
- in a way that could harm the Services or impair anyone else’s use of them; or
- for any high risk use (where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
We think our Services are great, but Cirrus Seven unfortunately can’t make any guarantees as to their availability, accuracy, completeness or any other aspect. Cirrus Seven makes the Services available to you on an “as is” and “as available” basis. ACCORDINGLY, YOU ASSUME ALL RISKS IN USING THE SERVICES, INCLUDING WITHOUT LIMITATION FOR TRADING PURPOSES, AND CIRRUS SEVEN WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS AND EXPENSES SUFFERED OR INCURRED BY YOU OR ANY THIRD PERSON UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING OUT OF ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, ANY CANCELATION OF ALL OR PART OF THE SERVICE, AND ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SERVICE. CIRRUS SEVEN MAKES NO WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. Under no circumstances will Cirrus Seven be liable for any indirect, incidental, special or consequential damages with respect to the subject matter of these TOU, including lost profits, regardless of whether such damages could have been foreseen or prevented by Cirrus Seven. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANYTHING INCONSISTENT WITH THIS PARAGRAPH.
Please don’t think we’re being unreasonable here – most of this is all pretty standard.
Because we are based in the United States, you have to comply with U.S. export laws and regulations in providing and using the Services. You represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and you or users administered by you shall not use the Service in violation of any U.S. export embargo, prohibition or restriction.
This contract between you and us begins when you start to use the Services. It ends when either you or we say it ends – you by ceasing all use of the Services, or Cirrus Seven by discontinuing the Services or your access to them (which we have to have a right to do at any time). If for any reason we terminate a Service or your access to Service, you agree that your sole and exclusive remedy is a pro-rata refund of any fee you paid to us in advance of such termination.
For legal purposes, this contract will be considered made in Virginia and interpreted under Virginia law. Your right to use the Services was given to YOU, which means you can’t transfer that right or palm off your obligations on anyone else. There’s no joint venture, partnership, agency or fiduciary relationship between you and Cirrus Seven just because you agree to the TOU and use the Services. If this contract terminates, the provisions of Sections 1, 2, 4 & 8 of these TOU will still apply.
Finally, these TOU are the entire agreement between you and Cirrus Seven regarding the Services and supersede any prior communications and understandings, whether oral or in writing, concerning the subject matter of these TOU.
We hope you enjoy using the Services – we’d love to hear your feedback!