Last updated May 23, 2019
This website is operated by RunCloud Sdn Bhd. Throughout the site, the terms “we”, “us”, “RunCloud” and “our” refer to RunCloud Sdn Bhd. RunCloud Sdn Bhd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to us that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please note that RunCloud doesn't provide warranties for the Services. This contract also limits our liability to you.
Description of Service
Subscriber is solely responsible for maintaining the security of Subscriber's servers that are created via the RunCloud service. RunCloud shall have no liability for any security breaches or data breaches of Subscriber's servers, even if those servers were initially created and provisioned by RunCloud. RunCloud does not guarantee the security of any of Subscriber's servers, even if those servers were initially created and provisioned by RunCloud. We follow strict, industry leading security measures to manage servers. We will NEVER access your server without your explicit request for us to do so. If your server needs manual intervention from us, you must request our help and give us your permission to access your server before we will be able to assist you.
Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its server (the “Data”). RunCloud shall have no liability for any Data that may be lost.
Fees for Services
You agree to pay to RunCloud any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page and fees paid by you are non-refundable.
Note that you agree the payment you have made either by subscription of credit top-up is non-refundable. And we have all the rights to decline any request for refunds.
RunCloud service are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly and your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your billing page. You may cancel auto-renewal on your Subscription at any time, and your Subscription will only stop at the end of your billing date.
RunCloud provide free trial for 5 days. This trial period will start automatically after user logged in for the first time with RunCloud. During this period, user will experience full features of RunCloud (Business Plan) and after the trial period ends, user account will be downgraded to free plan. To avoid from being downgraded to free plan, user need to add preferred payment method and start the subscription. If user's account has been downgraded to free plan and users had already provisioned their server with RunCloud, the server will not be removed. However, user can't make any changes to the server using features which covered under Business or Pro plan.
RunCloud may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. RunCloud will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
SUSPENSION AND TERMINATION OF USE OF THE SERVICE
RunCloud may terminate your Subscription at the end of a billing cycle by providing at least 30 days' prior written notice to you. RunCloud may terminate your Subscription for any reason by providing at least 90 days' written notice to you.
RunCloud may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Data from that Service.
RUNCLOUD PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNCLOUD MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation Of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF RUNCLOUD HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT RUNCLOUD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST RUNCLOUD ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF RUNCLOUD'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Changes and Updates
RunCloud may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the RunCloud website.
If an amendment is material, as determined in RunCloud sole discretion, RunCloud will notify you by email. Notice of amendments may also be posted to RunCloud blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require RunCloud to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
RunCloud constantly changes and improves the Services. RunCloud may add, alter, or remove functionality from a Service at any time without prior notice. RunCloud may also limit, suspend, or discontinue a Service at its discretion. If RunCloud discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to prepare and export a copy of your Data from that Service. RunCloud may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.