legal://terms

License Agreement

for CloudBackend.com accounts

CLOUDBACKEND TENANT LICENSE AGREEMENT

Welcome to the Tenant License Agreement ("Tenant Agreement") for the CloudBackend Edge Database Platform as a Service

This Tenant Agreement is an agreement between any person or legal entity ("Tenant") and CloudBackend AB, registration number 559153-0489, Box 569, 581 07 Linköping, Sweden (incorporated in Sweden, European Union) the information service provider. This Tenant Agreement covers your use of and access to the CloudBackend Service and any of its applications developed by or for CloudBackend, including, but not limited to the Dashboard, Software Development Kit (SDK), Micro Cloud Database, and Edge Cloud Database (jointly the "CloudBackend Service"). This Tenant Agreement does not alter in any way the terms or conditions of any other agreement you may have with CloudBackend for products, software, or services.

By registering and activating your CloudBackend account with the CloudBackend Service and by using the CloudBackend Service, you accept and agree to be bound by the terms and conditions of this Tenant Agreement and any related policies or guidelines as amended by CloudBackend from time to time. You also agree to become a member of the CloudBackend Service and allow CloudBackend to communicate with you through email or short text messages (sms) and keep your information on record. You are also bound to certify that you are at least of the legal age of 16 years to enter into this Tenant Agreement and that you have the permission of your guardian if that means you are under the legal age in your country. If the account is held by a legal entity, you hereby certify that you have the legal binding authority for that entity and understand that the Tenant Agreement otherwise will be null and void.

If you do not agree to or cannot comply with this Tenant Agreement, do not use the CloudBackend Service.

The CloudBackend Service and the information, content, software and services displayed on the CloudBackend website, Edge Clouds, or Micro Clouds, or transmitted through or used in connection with the CloudBackend Service are owned by CloudBackend and are protected by copyright, trademark and other intellectual property laws and international treaties.

License to use the CloudBackend Service

During the term of this Agreement, CloudBackend grants you a non- exclusive, revocable license to use the CloudBackend Service, subject to the terms and conditions of this Tenant Agreement. You are responsible for all groups, identities, and user accounts created under your Tenant and are obligated to make sure the they are bound to not breaching any provision of this Tenant Agreement.

Tenant

Your administrative account is invited to or creates a new Tenant of the CloudBackend Service that can hold databases, groups, identities, and user accounts. Your account and any fellow administrator accounts of your Tenant are, collectively and each one in its own capacity, responsible for your Tenant, including its databases, groups, identities, and user accounts, including, but not limited to compliance with Swedish and any local jurisdiction laws that may apply to your or your end-users use of the Tenant.

Restrictions

Except as expressly permitted under this Tenant Agreement, you agree NOT to:

Use the encryption and decryption capabilities of the CloudBackend Service in countries were such technology is unlawful or use encryption to store unlawful content.
Modify, distribute or create derivative works based on the CloudBackend Service.
Run, rent, lease, lend or sell access to or otherwise make available to others the CloudBackend Service.
Decompile, deobfuscate, reverse engineer or copy the CloudBackend Service.
Use the CloudBackend Service for archiving, the Tenant is responsible for keeping a local mirrored copy of any information stored in the CloudBackend Service as a backup.
Use the CloudBackend Service for hosting services and/or build services that charge money by using the free CloudBackend Tenant price plan tier.
Use the CloudBackend Service for hosting malicious services, creating spam, or mass marketing through the built in mechanisms to recipients who have no prior relationship with you.
Use the CloudBackend Service for; terrorism, violating freedom of speech or other US Constitutional rights, keeping databases of political adversaries, political persecution, religious fanaticism, racism, abuse, bullying, or child pornography.

Trademarks

The registered trademarks; CloudBackend, XIOS/3, and other trademarks including, without limitation, logotypes, graphics and trade names displayed on the CloudBackend Service may not be used without permission in writing of its respective owner.

Accounts, Passwords and Security

You must be a registered Tenant or administrator of a Tenant of CloudBackend to use the CloudBackend Service. As a Tenant or administrator, you are responsible for keeping your password secure. Usernames are non-transferable. You are responsible and liable for all activities that occur under your username. Sharing and giving access to copyrighted content may violate copyright laws and is not allowed under this agreement.

Cooperation with authorities

CloudBackend reserves the right at any point to cooperate and disclose any information with any countries authorities or human rights advocacy groups in its own sole discretion for the purpose of fighting terrorism, freedom of speech, political persecution, religious fanatics, racism, abuse, bullying and child pornography. CloudBackend also reserves the right, if the above occur, of immediate termination of access, groups, content and applications from involved tenants and/or users where any gathered financial means of said will become confiscated and the property of CloudBackend. CloudBackend reserve the right to cooperate fully with local, national, or international authorities as required by law. This cooperation may involve the disclosure of user information to support law enforcement efforts in preventing or prosecuting illegal activities, such as terrorism, child exploitation, human trafficking, or other serious offenses. CloudBackend also reserves the right, if the above occur, of immediate termination of access, groups, content and applications from involved User where any gathered financial means of said will become confiscated and the property of Service Provider.

CloudBackend deactivating your Access

CloudBackend has the right (at its sole discretion) to delete or deactivate your CloudBackend access, block your CloudBackend username or any identity or group created under your Tenant, including used IP addresses, or otherwise terminate your or any identity or group access to or use of the CloudBackend Service without any notice and for any reason.

Tenant Created Groups and Identities

CloudBackend has the right (at its sole discretion) to hide, remove, move or rename any created group without any notice and for any reason. When creating a group a non-offensive name without trademark rights infringements should be used. As the creator of a group, you are responsible for its name, contents, shared database and member identities.

Third party services

The CloudBackend Service uses third party services in order to provide you the service. These services are XIOS/3, Mixpanel, Twilio, and SendGrid. You hereby grant us the explicit permission to;

Use XIOS/3 for building the web user interface of the CloudBackend Service.
Use Mixpanel to collect data on usage activity through the CloudBackend Service and software. We use this information to optimize user interaction workflow, to know which markets we are used on, to find user experience bugs, and to improve the service.
Use SendGrid to communicate over email or Twilio to communicate over sms to you, group owners, identities, or user accounts.

Our use of the above mandatory services are in compliance with General Data Protection Regulation (GDPR), however the limited information related to an individual stored by these services will be under rule of the US Cloud Act (H.R. 4943). CloudBackend is entitled to employ subcontractors to perform its obligations pursuant to this Agreement if CloudBackend assumes liability for its subcontractors and they are declared under Privacy Policy.

Processing of Tenant and Identity Information

The Tenant is responsible for keeping all Personal Data up to date, including email address to all administrative accounts. Failure to do so might result in loss of access to the CloudBackend Service and ultimately lead to Tenant and data deletion. CloudBackend collects and processes the personal data about the Tenant and administrative account during registration, through the My Account page, and while using the service ("Personal Data”) in order to provide the CloudBackend Service and to full fill its legal obligations under this Agreement and obligations to authorities. The My Account page can always be used to review, correct, or request a data dump of Personal Data.

I consent that CloudBackend stores Personal Data (name, email, username, online identifiers, device identifiers, IP address, and billing address if provided) as long as I use the service or it is legally required by authorities to keep the data for CloudBackend.
I consent that CloudBackend stores any personal content that I enter, edit, upload, synchronize, or otherwise make available to the CloudBackend Service and that such information is not to be considered Personal Data.
I consent that the Tenant data, my Personal Data and usage patterns of CloudBackend may be used to target emails with campaigns, promotions, competitions, and information about features and things not yet explored in the CloudBackend Service.
I consent that identifiers in the Personal Data may be used by CloudBackend in combination with third party services for usage statistics; Mixpanel.
I consent that if I signed up to the CloudBackend Service through a partner to CloudBackend, that my Personal Data is made available to the aforementioned partner. Partner affiliation if any, is displayed under the My Account page.

Through this Tenant Agreement the Tenant hereby explicitly consent to the use of Personal Data in accordance to the terms presented in this Tenant Agreement and at each time applicable Privacy Policy and Cookie Policy on the CloudBackend website.

Communication

All other communication is provided according to an opt-in model as is chosen during sign up or through detailed configuration at the My Account page. This communication include, but are not limited to; Newsletters, Promotions, Campaigns, Feedback, Blog Posts, Surveys, Advertisement re-targeting, and Customized Online Advertisement.

The CloudBackend Service will use Push Notification communication as a mean to communicate with a Tenant if any of our applications are installed. Opting out of such communication is handled using the operating system and/or software of each device were push notifications are set. This Tenant Agreement consent that CloudBackend have the right to use push notification as a mean of communication to each device the Tenant or any of its administrators has installed the CloudBackend software on.

Premium Subscriptions

The Tenant acknowledges that there is a free price plan of the CloudBackend Service and that the free plan allow the Tenant to explore and familiarize with the features and functionality of the service. Upgrades to a paid for plan will add more identities, groups, and database capacity to the CloudBackend Service for the Tenant and/or additional sets of features. All Tenant plans are sold included with applicable value added tax (VAT) for the country of origin of consumers, while the correct VAT will be added depending on the country of origin of the Tenant if it is a business. Legal entities within the European Union that reside outside of Sweden with a valid VAT number will be billed without any VAT in accordance to the EU reverse charge VAT Directive. It is the responsibility of the Tenant to provide correct information about the country of residence in order for CloudBackend to pay the correct VAT to the applicable tax authority. All sales are final and non-refundable. The Tenant agrees to use the free price plan as a trial to see if the CloudBackend Service meets the requirements and expectations of the Tenant.

All fees are paid in advance for the upcoming month or year depending on price plan. VAT invoices are only provided for legal entities and are not provided to consumers, a Tenant requiring a VAT invoice agrees to use a price plan for legal entities.

If a Tenant has not made payment according to an invoice, credit card charge failed, or the annual subscription was not renewed in time, CloudBackend will send out one reminder to the Tenant. If the Tenant still fails to provide payment, CloudBackend reserves the right to immediately cancel the subscription and close the Tenant account, terminating this Tenant Agreement. Further CloudBackend is entitled to seek compensation for recovery of outstanding funds, enforced collection and also statutory interest rate. Payments made in advance will not be paid back upon the termination of this Tenant Agreement, however if a price plan is downgraded to a smaller price plan, any prepaid amount not used and sufficient, count as additional available months upon the expiration of the smaller subscription.

Limitation of Liability

YOUR USE OF THE CLOUDBACKEND SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE CLOUDBACKEND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOUDBACKEND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR APPLICABLE BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT. CLOUDBACKEND IS NOT LIABLE FOR ANY CLAIMS, SUITS, LOSSES, DAMAGES OR COSTS ARISING OUT OF ANY ERRORS IN THE CLOUDBACKEND SERVICE OR OTHERWISE IN CONNECTION WITH THE USE OF THE CLOUDBACKEND SERVICE

Indemnification

You agree to indemnify, defend, and hold harmless CloudBackend, its officers, directors, employees, owners, agents, licensors and suppliers from and against all claims, suits, losses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Tenant Agreement or any activity related to the CloudBackend Service by you or any other person accessing CloudBackend or services you built using the CloudBackend Service, or affiliate websites using your Tenant.

Amendments to Tenant Agreement

This Tenant Agreement may be amended by CloudBackend at any time. Any amendment will come into effect at the time of CloudBackend posting of the amended Tenant Agreement on this webpage or by asking for Activation of account again through the Tenant Agreement application.

Disputes and Governing Law

Any dispute, controversy or claim arising out of or in connection with this Tenant Agreement, or the breach, termination or invalidity of any provisions of the Tenant Agreement, shall be referred to and finally settled by a Swedish public court. The place of proceedings shall be Linköping, Sweden. The language to be used in proceedings shall be Swedish.

This Tenant Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of Sweden.

Effective Date

This Tenant Agreement is effective as of 28th of January, 2025.