Terms of Service

These Terms of Service, together with any documents and/or additional terms expressly incorporated by reference (collectively, this "Agreement") set forth the terms and conditions that apply to your access and use of asecurecloud's services (the "Services") made available through the internet website located at https://asecure.cloud/ (the "Site"), owned and operated by asecurecloud Inc. ("asecurecloud", "we", "our" or "us").

BY ACCESSING OR USING THE SITE OR SERVICES OR ANY SOFTWARE, APPLICATIONS OR CODE MADE AVAILABLE ON THE SITE YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ELIGIBLE TO ENTER INTO THIS AGREEMENT UNDER ANY LAWS APPLICABLE TO YOU. IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as asecurecloud's Privacy Policy located at (the "Privacy Policy"), as it may be amended from time to time in the future.

asecurecloud reserves the right in our sole discretion to revise and update this Agreement or the Privacy Policy at any time, without notification to you, and you should review this Agreement and the Privacy Policy from time to time by accessing the Site. Your continued use of the Site and/or the Services will be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy of this Agreement and the Privacy Policy for your records.

The information and material on this Site, and the Site itself, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

1. Use and Account Set-up

You are responsible for obtaining your own access to the Site and/or Services. The Site and/or Services, including content or areas of the Site, may require you to register and create and account (an "Account") and select a unique user name and password (collectively, "Credentials"). It is a condition of your use of the Site and/or Services that all the information you provide on the Site and/or Services is correct, current, and complete. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of the Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You are responsible for any Credentials misuse or any unauthorized access. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.

asecurecloud requires, subject to specific instances, only limited information and read-only access to use our Services. In such specific instances where asecurecloud's Services necessitate further permissions beyond read-only access, asecurecloud will request only the least-required permissions from you. You acknowledge and agree to waive liability, indemnify and save harmless asecurecloud, and its subsidiaries, affiliates, and each of their respective directors, officers, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors, if you provide, whether intentionally or unintentionally, information or access beyond what asecurecloud has requested and/or requires.

asecurecloud reserves the right at any time and from time to time, to disable or terminate your Account, Credentials, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

2. Intellectual Property Rights

All material available on the Site and all material and Services provided by or through asecurecloud, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, URLs, trade names, trade-marks, logos, content, software, all informational text, software documentation, design of and "look and feel", layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

The Materials are provided to you AS IS, without any representation or warranty, whether express or implied. The copying, reproduction, use, modification or publication by you of any such Material or any part of the Material related to the Site and/or Services is strictly prohibited, without our express written permission.

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, asecurecloud grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.

You agree that you will not, and will not allow any third party to: (a) except as expressly permitted by asecurecloud, copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Materials or the Site; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality in the Materials or the Site; (c) use the Materials or the Site to access, copy or transfer content in violation of any applicable laws or third party rights; (d) remove, obscure or alter asecurecloud's or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or contained within the Materials or the Site; or (e) access or use the Site and/or Services for any unlawful purpose or otherwise violate this Agreement.

We do not collect any of the parameters provided to generate configuration templates or any of the AWS account environment data unless explicitly saved to a user's profile.

3. Cancellation and Termination

• You may cancel your Account at any time through the interface provided as part of the Services or via asecurecloud's support addresses.
• asecurecloud reserves the right at any time, and without cost, charge or liability, to terminate this Agreement and your access to the Site, Account, and Services, at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement or a failure to pay asecurecloud any amounts, fees, payments or otherwise owing to asecurecloud for your use of asecurecloud Services.
• asecurecloud reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
• asecurecloud may, at any time, without notice, take such actions with respect to Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement.
• asecurecloud reserves the right at any time, without notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site.

4. Fees and Payment

The Services may include free services and paid services. You may access the Services, with limited features, at no charge. Additional features or capacity may require you to pay a fee. We use third party payment processors (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. We are not responsible for errors made by the Payment Processor. By choosing to use the paid Services, you agree to pay asecurecloud, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms. You agree to make payment using a payment method that is associated with the paid Services.

5. Disclaimer of Warranties

THE SITE AND SERVICES AND THE INFORMATION, SOFTWARE, AND MATERIAL RELATED THERETO IS PROVIDED ON AN "AS IS", "WHERE IS", WITH ALL FAULTS AND ON AN "AS AVAILABLE" BASIS AND ASECURECLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASECURECLOUD MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6. Limitation of Liability

IN NO EVENT SHALL ASECURECLOUD, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER LOSSES RESULTING FROM THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND SERVICES OR ANY CONTENT THEREON.

7. Indemnification

You agree to indemnify, defend and hold harmless asecurecloud and its subsidiaries, affiliates, and each of their respective directors, officers, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable lawyers' fees and expenses) incurred as a result of any claim, action, or proceeding arising out of or relating to: (i) your access, use of, or conduct in connection with the Site or Services; (ii) any breach by you of this Agreement; or (iii) your violation of any law, regulation, order, or the rights of a third-party.

8. Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario and the federal laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario, without regard to any conflicts of laws principles that would require the application of any other law.

9. Contact

asecurecloud is always open to feedback, questions, and suggestions. If you would like to talk to us, please feel free to email us at support@asecure.cloud