Terms of Service

Definitions

“Free Service”: A “Free Service” is a service provided to the customer by Canela Software that shall not incur monetary charges to the customer. The customer’s use of a “free service” through LiveCloud is subject to the terms listed in this document.

“Paid Service”: A “Paid Service” is a service provided to the customer by Canela Software that shall incur monetary charges to the customer. The customer’s use of a “paid service” through LiveCloud is subject to the terms listed in this document. If the customer does not agree to pay the amount billed to them by Canela Software, then Canela Software shall terminate the customer’s use of the “Paid Service”.

“Beta Stage”: The “Beta Stage” is an early point in the lifecycle of LiveCloud services, in which it has not yet been classified as a full release service but may still be used by early adopting customers. The “Beta Stage” is subject to end at any time when Canela Software sees fit that LiveCloud transitions into a full release.

“Local Database Service”: Service including, but not limited to, the storage, retrieval, viewing, and processing of the customer’s or their end users’ data exclusively local to the single computer which runs the application performing such actions on said data.

“Cloud Database Service”: Service including, but not limited to, the storage, retrieval, viewing, and processing of the customer’s or their end users’ data that takes place over the Internet and involves interaction with data stored in the “Cloud”.

“Cloud”: The “Cloud” refers to the collection of any number of systems that are maintained by Canela Software and are accessible to the customer via connection to the internet. From the viewpoint of the customer, the “Cloud” acts like a single, large, internet-connected entity which stores and maintains all of the customer’s and their end users’ data.

“Customer”: “Customer” refers to an individual or Legal Entity who is using LiveCloud services.

“Customer Data”: “Customer Data” is any information provided to Canela Software or LiveCloud services by the Customer.

“Confidential Information”: “Confidential Information” is any private information disclosed by one party to the other party according to this Agreement.

“Illegal Activities”: “Illegal Activities” are any actions or operations that are criminal or finable as determined by applicable law, regulation, or court order.

Payment Terms

Use of LiveCloud Cloud Database Service is granted to the Customer free of charge up to a maximum of 25 MB of storage space including data, indexing and metadata, following the terms of service outlined in this document. If the Customer cannot or does not agree to these terms, then Canela Software shall terminate Customer’s use of the Free and Paid Services (see “About These Terms” below).

Restrictions

Customer is solely responsible for its Customer Data and ensuring that it and its end users will comply with this Agreement when using the Free or Paid Services. LiveCloud services will not be misused such as for any Illegal Activities as determined by applicable law, regulation, or court order.

Confidentiality

Unless required by applicable law or agreed upon with written consent, neither party will disclose the other party’s Confidential Information.

Term and Termination

Customer may terminate use of the Free and Paid Services at any time. Canela Software may terminate any portion or feature for any reason at any time without liability to Customer, except as limited in any applicable deprecation policy. Canela Software may stop  (temporarily or permanently) providing functionality, features, or services to Customers at any time without prior notice to Customers.

Warranties and Disclaimers

Canela Software is not responsible or liable for the failure to store or retrieve any Customer Data through LiveCloud services. Customer is responsible for backing up its application, project, and customer data. Customer is responsible for its application in the case that it terminates LiveCloud services in which Customer Data will no longer be able to be stored or retrieved. Canela Software does not warrant that the usage of LiveCloud services will be error-free. Canela Software may modify functionality, features, or services at any given time without prior notice to Customers. Customer is solely responsible for its usage of LiveCloud services and expected to follow applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANELA SOFTWARE WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

About These Terms

The terms described in this document are subject to change at any time. On the date the terms are changed, all customers will be notified and asked to agree to the new terms of service. If any customer does not agree to or cannot comply with the updated terms of service, they shall not formally agree to the terms and shall not continue to use LiveCloud services, and Canela Software shall terminate that customer’s use of the Free and Paid Services.