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Cloudwise App Terms of Service

GENERAL TERMS

These Cloudwise App Terms of Service (“Terms”) set forth the terms of use of the Cloudwise App service (“Service”,) provided by Cloudwise Sp z o.o., with its registered office in Warsaw, Grzybowska 60 (WeWork) Street, 00-844 Warsaw, registered by the 13th Commercial Department of the National Court Register of the District Court for the Capital City of Warsaw in Warsaw, in the Register of Entrepreneurs of the National Court Register under KRS number: 0000862880, NIP: 5272937597, share capital of PLN 10,000.00 paid in full (“Cloudwise”).

In order to use the Service, the Customer must read the Terms and Conditions and accept all of their provisions. By clicking the “Activate Account” button, the entity indicated in the activation process (“Customer”) accepts the Terms and agrees to use the Service in accordance with its provisions. The person activating an Account on the Service declares that he/she is authorized to do so and that he/she activates it for and on behalf of the Customer. Upon acceptance of the Terms and Conditions, a legally binding contract between Customer and Cloudwise is formed. We reserve the right to refuse to enter into a contract with the Customer for any reason. If you do not accept any provision of the Terms, you should not activate your Account or use the Service.

SERVICE

Service

Cloudwise provides the Service to Customers who are entrepreneurs and who use the Service directly for purposes directly related to their business or profession:

  • access to the Service and applications that enable hidden interest searches in advertising algorithms, reporting automation and other marketing automation applications;
  • customer support;
  • additional tools, integrations and services. The use of some of these requires a separate order and is subject to an additional fee.

A detailed list of features and services provided are set forth in Cloudwise’s Marketing Services Agreements or in the Customer Panel under My Subscriptions. 

Account

In order to use the Service, it is necessary for the Customer to create an individual account on the Service. Your account can only be accessed by providing a login and password that is individual to each Customer and a security question. As a customer, you are required not to disclose your login information to any third party. You are also responsible for the use of your account.

Additional Scope of Service

You may increase the scope of the Service with additional functionality at any time. The billing cycle will be aligned with the monthly cycle within your account so that the due dates for all services occur at one time. The first upgrade fee is prorated based on the number of days remaining in the monthly cycle within your subscription.

External Integrations

Additional functionality provided by external entities can be integrated with Cloudwise Apps. External services are not provided by Cloudwise. Terms of use for certain integrations and external services may be limited based on the terms of use of the external provider. When you integrate with a third-party service, you agree that Cloudwise and the third-party provider may exchange your information and data (including confidential information) to enable the integration. Any links we publish anywhere on the Service to external third-party services or websites are provided solely as a convenience to you, and we do not control or endorse any of the material or content embedded on those sites.

TECHNICAL REQUIREMENTS

  1. Cloudwise strives to ensure that the Service works on the latest official versions of Google Chrome, Safari, Mozilla Firefox and Internet Explorer browsers. To use the Service, you must have a device that allows access to the Internet, with a web browser that accepts cookies and has JavaScript enabled, and an email account to which service messages are sent.
  2. By using the Service, Customer acknowledges and agrees that Cloudwise is not responsible for Customer’s compliance with the above requirements.

USE OF THE SERVICE

Upon creation of an Account and acceptance of the Terms of Service:

  • You agree to comply with the provisions of the Terms of Service, the Privacy Policy and the law.
  • You confirm that the data provided during registration and in the Account is correct and you undertake to immediately update this data if it changes.
  • You confirm that you are an entrepreneur and undertake to provide your Tax Identification Number.
  • You undertake to keep your Account log-in details secret,
  • You agree to receive invoices issued by Cloudwise for the Service provided in electronic form.

AVAILABILITY OF THE SERVICE

Cloudwise is currently providing the Service in Beta version, which means that the Service is still under development and testing. By choosing to use the Beta version, you acknowledge and agree to the following:

  • Cloudwise does not guarantee the continuity of the Beta version and reserves the right to make changes to the Service, either increasing or decreasing the number of features.
  • You are fully responsible for any consequences arising from your use of the Beta version of the Service.

PROHIBITED PRACTICES

You may not use the Service in any manner that intentionally or unintentionally, results in a violation of any law, the Terms of Service, the Privacy Policy, intellectual property or other third party rights, good morals, or that otherwise is or may be harmful to Cloudwise and its brand reputation. You may not modify, copy, reproduce, license or sell the applications available on the Service. Applications may not be integrated with third party products in a SaaS (“Software-as-a-Service”) model unless Cloudwise grants you a license. Any activity that may interfere with the proper operation of the Service is not permitted. 

PAYMENTS

Customer agrees to pay the fee for use of the Service in a timely manner. Cloudwise App’s current pricing can be found in the Pricing tab.

The billing cycle is renewed automatically if you choose to pay by credit card.  In case of non-payment, Customer’s account will be blocked and the contract will be terminated immediately.

Payment for use of the Service can be made through the Stripe transaction service and the payment methods available therein, which may vary depending on the Customer’s country. Payments made for the Service ordered are non-refundable, except as provided by law and these Terms of Service.

Payment for subsequent billing cycles will be charged automatically on the first day after the subscription period expires (so-called recurring payments). If it is not possible to collect the fee by credit card, Strope will attempt to collect the fee on subsequent days. Cloudwise is not responsible for any additional fees charged by third party entities and financial institutions for processing a payment transaction. We are also not responsible for failure to stop access to the Service if your payment card details expire and are not updated.

A VAT invoice for using the Service is issued electronically within 7 days of receiving payment. Invoices can be downloaded from the Messages tab in the Customer Panel. 

We reserve the right to change the fees for using the Service at any time by publishing a new price list on the Price List page. The new pricelist will apply to new Customers and all existing Customers from the beginning of the next period in the billing cycle or in case of modification of the scope of the Service. Information about changes in the price list will be made available in the Messages section of the Customer Panel and on the Price List page at least 14 (fourteen) days before the planned change of rates.

Prices do not include Value Added Tax (VAT), which will be added at rates in effect on the date of Cloudwise’s invoice. By accepting the Terms, you agree to pay taxes related to the Service. Cloudwise has an active VAT number assigned by a Member State of the European Union and is included in the list of entities registered for VAT purposes maintained electronically by the Head of the National Tax Administration and in the system maintained by the European Commission for taxable persons making intra-Community supplies to be able to verify the VAT numbers of their contractors (VIES). If you are a contractor based outside of Poland, you agree to issue invoices with reverse charge.

CUSTOMER CARE

You may contact us at support@cloudwiseapp.com or in the Messages section of the Customer Panel. You are entitled to receive information about the status of your inquiry/complaint at any time.

CANCELLATION OF SERVICE AND ACCOUNT

You may cancel your use of the Service and delete your account with the Service at any time. You may cancel your subscription in the My Subscription section of the Client Panel. If you wish to cancel your account, write to us from the e-mail address with which your account is registered at support@cloudwiseapp.com.

We reserve the right to terminate your subscription to the Service at any time without reason with refund of the prepaid fees on a pro-rata basis for the remaining days of the subscription period.

Termination or closure of your Account or reduction of your package in the Subscription, may affect the data collected and other information. Cloudwise is not responsible for the consequences that result directly or indirectly.

PRIVACY POLICY AND PERSONAL DATA

Cloudwise processes personal data in accordance with the provisions of the Privacy Policy. By using the Service, you also acknowledge that you are the sole controller of your customers’ personal information. The Cloudwise Apps, including the campaign performance reporting apps, do not currently require access to or process personal data as defined in Article 4(1) of the GDPR (RODO) regulations by the Polish law.

INTELLECTUAL PROPERTY

The Service, the Apps, and the content on the Service are owned by Cloudwise or its partners.

LIABILITY

You accept that Cloudwise offers the Service “as is”. The specific features of the Service do not provide any warranties, either express or implied.

You use the data and recommendations provided by the Service at your own risk, especially information used to optimize advertising costs. Cloudwise does not guarantee any results from the use of keywords and other recommendations obtained from the Service.

Cloudwise is not responsible for damages caused by:

  • improper use of the Service,
  • Force Majeure,
  • interference by third parties, especially in connection with unauthorized use of the Account by third parties,
  • malfunction of external factors and other systems (e.g. telecommunication networks, advertising algorithms) independent of Cloudwise,
  • Customer’s failure to comply with the provisions of the Terms and Conditions.

Force Majeure means an unexpected event that could not have been foreseen or prevented. In particular, such events are considered war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in the operation of the telecommunications network or ICT infrastructure, as well as extraordinary governmental and administrative actions and actions of entities affecting the provision of the Service. We are not responsible for any loss of data stored on our servers.  

FINAL PROVISIONS

Cloudwise may change the Terms of Service and related documents at any time, and will provide notice of changes at least 10 days prior to their effective date by posting a notice on the Terms of Service page. Any matters not covered by the Terms of Use shall be governed by generally applicable provisions of Polish law. Any disputes arising between Cloudwise and Customer will be referred to the common court with jurisdiction over Cloudwise’s registered office.

The Terms and Conditions in this version are effective as of June 7, 2022 and are available at www.cloudwiseapp.com.