Terms of Service
Last updated: 10/5/2024
Welcome to Brello Cloud ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our cloud hosting services ("Services"). By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1. Eligibility
Minimum Age: You must be at least 18 years old to create an account and use our Services.
Authority: By using our Services, you represent that you have the legal authority to accept these Terms.
2. Account Registration
Accuracy: You agree to provide accurate and complete information during registration and to keep your account information updated.
Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Unauthorized Access: Notify us immediately at support@brello.cloud if you suspect any unauthorized use of your account.
3. User Conduct
Compliance: You agree to use our Services in compliance with all applicable laws and regulations.
Prohibited Activities: You shall not:
Use the Services for any unlawful purposes.
Upload or distribute any content that infringes on intellectual property rights.
Introduce viruses or any other harmful code.
Attempt to gain unauthorized access to our systems or networks.
4. Content Ownership and Licenses
Your Content: You retain ownership of all content you upload or store using our Services. By uploading content, you grant us a non-exclusive, worldwide license to use, store, and display your content solely to provide the Services.
Our Content: We own all rights to our Services and content provided, excluding user-generated content.
5. Intellectual Property Rights
Trademarks: All trademarks, service marks, and logos are the property of their respective owners.
Restrictions: You may not copy, modify, distribute, or sell any part of our Services or included software.
6. DMCA Policy
If you believe that any content on our platform infringes your copyright, please send a notice to our designated agent at dmca@brello.cloud with the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and where it is located on the Services.
Your contact information, including address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner.
A statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
7. Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Termination
By You: You may terminate your account at any time.
By Us: We reserve the right to suspend or terminate your access to the Services for any reason, including violation of these Terms.
9. Disclaimers
As-Is Basis: The Services are provided on an "as is" and "as available" basis.
No Warranties: We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
10. Limitation of Liability
No Indirect Damages: In no event shall Brello Cloud be liable for any indirect, incidental, special, consequential, or punitive damages.
Maximum Liability: Our total liability shall not exceed the amounts paid by you to us over the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Brello Cloud from any claims, losses, liabilities, expenses, and damages arising out of your use of the Services or violation of these Terms.
12. Changes to the Terms
We may modify these Terms at any time. We will notify you of any changes by updating the "Last updated" date. Your continued use of the Services constitutes acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law provisions.
14. Dispute Resolution and Arbitration
14.1 Binding Arbitration
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
14.2 Arbitration Opt-Out
You have the right to opt out of this arbitration agreement. To do so, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must include your name, address, and email address, and must be sent to:
Email: support@brello.cloud
14.3 Class Action Waiver
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer.
14.4 Exception—Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the foregoing, either party may bring an action in state or federal court in New Hampshire to protect its intellectual property rights or to address claims that qualify for small claims court.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Brello Cloud regarding the use of our Services.
17. Contact Us
For any questions or concerns regarding these Terms, please contact us at:
Email: support@brello.cloud
DMCA Agent: dmca@brello.cloud