Zauba Cloud Site Terms

Zauba Technologies and Data Services Private Limited ("Zauba") and/or its affiliates provides the Zauba Cloud Site to you subject to the following terms of use (“Site Terms”). By visiting the Zauba Cloud Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Zauba Cloud services, content or other materials, you also will be subject to the Zauba Cloud Customer Agreement or other agreement governing your use of our services (the “Agreement”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Zauba Cloud Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Zauba Cloud Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Zauba Cloud Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the Zauba Cloud Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Zauba Technologies & Data Services Private Limited or its content suppliers and protected by international copyright laws. The compilation of all content on the Zauba Cloud Site is the exclusive property of Zauba Technologies & Data Services Private Limited and protected by international copyright laws. All software used on the Zauba Cloud Site is the property of Zauba Technologies & Data Services Private Limited or its software suppliers and protected by international copyright laws.

TRADEMARKS

“Zauba Cloud”, “Zauba MySQL Service”, and other Zauba Cloud graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Zauba Technologies & Data Services Private Limited. Zauba’s trademarks and trade dress may not be used in connection with any product or service that is not Zauba’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zauba. All other trademarks not owned by Zauba that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zauba.

PATENTS

One or more patents owned by Zauba or its affiliates may apply to the Zauba Cloud Site and to the features and services accessible via the Zauba Cloud Site. Portions of the Zauba Cloud Site may operate under license of one or more patents.

LICENSE AND SITE ACCESS

Zauba grants you a limited license to access and make personal use of the Zauba Cloud Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zauba. This license does not include any resale or commercial use of the Zauba Cloud Site or its contents; any derivative use of the Zauba Cloud Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Zauba in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Zauba Cloud Site is subject to these Site Terms or, if you have an Zauba account, the Agreement.

The Zauba Cloud Site or any portion of the Zauba Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Zauba. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zauba without express written consent. You may not use any meta tags or any other “hidden text” utilizing Zauba’s name or trademarks without the express written consent of Zauba. Any unauthorized use terminates the permission or license granted by Zauba. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Zauba Cloud Site, so long as the link does not portray Zauba, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Zauba logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the Zauba Cloud Site, you are responsible for maintaining the confidentiality of your Zauba account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Zauba reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Zauba reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Zauba a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Zauba and sublicensees the right to use the name that you submit in connection with such content, if they choose. You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Zauba Cloud Site. You acknowledge that (a) Zauba has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Zauba for all claims resulting from content you supply. Zauba has the right but not the obligation to monitor and edit or remove any activity or content. Zauba takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Zauba respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email all the necessary details to copyright.complaints@zauba.cloud

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ZAUBA CLOUD SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ZAUBA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. ZAUBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZAUBA SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZAUBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZAUBA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZAUBA SITE; ITS SERVERS; OR E-MAIL SENT FROM ZAUBA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZAUBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ZAUBA SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZAUBA SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Zauba Cloud Site, you agree that the laws of the state of Karnataka, India, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Zauba.

DISPUTES

Any dispute relating in any way to your visit to the Zauba Cloud Site or to services provided by Zauba Cloud or through the Zauba Cloud Site shall be adjudicated in counts in Bengaluru, Karnataka, India, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the Zauba Cloud Site. These policies also govern your visit to the Zauba Cloud Site. We reserve the right to make changes to the Zauba Cloud Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Zauba Technologies Private Limited

WeWork Galaxy, No 43
Residency Road, Bangalore - 560025, India

https://zauba.cloud

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Zauba that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Zauba’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent/Zauba Cloud

Zauba Technologies Private Limited

WeWork Galaxy, No 43,

Residency Road, Bengaluru - 560025, India

e-mail: copyright.complaints@zauba.cloud