Terms of Service Agreement

ClusterBrix Ltd., including ClusterBrix Ltd.'s subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively “ClusterBrix”, "we", "us" or "our") welcomes you to ClusterBrix.com (the "Website").

The following Terms of Service (Terms or Agreement) together with our Privacy PolicyAcceptable Use Policy (AUP) and DMCA Policy apply to all services provided by ClusterBrix Ltd. (ClusterBrix we, us, our) to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your") through the Website when you access or use the ClusterBrix websites, software, tools, resources, applications, mobile applications, social media platforms, and other services (collectively, the “ClusterBrix Services” or “Services”), whether directly or through a third party.

Please review the Terms carefully. By using the ClusterBrix Services, you agree to be bound by the Terms and all other policies adopted and published by ClusterBrix, including but not limited to the Service Level Agreement.

These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website.

Summary of Terms

You are exclusively responsible for your use of the ClusterBrix Services and for any consequences that are related to your use of the Services, unless otherwise set out in these Terms. By using the Services, you agree that ClusterBrix will not be responsible or liable to you or any third party for any consequence, loss, or damage arising (directly or indirectly) from or relating to the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you are exclusively responsible and liable for the matter in question.

Privacy Policy

By using the Services, you agree to be bound by the Privacy Policy.

User Requirements and Registration

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

You must sign up for an account with ClusterBrix (your “Account”) to receive the full benefit of the ClusterBrix Services. You agree to provide truthful, complete, and current information for your Account. If you create an Account as or on behalf of someone other than yourself, or on behalf of multiple persons or businesses for which you are offering or managing the ClusterBrix Services, you represent that you are authorized to act for and bind that other person, entity, or organization.

To the extent you are allowed to register for the Services by using existing third-party accounts or profiles , you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.

You are solely responsible and liable for all activity that occurs on and through your Account. You are solely responsible and liable for safeguarding the security and accuracy of your Account.

You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. ClusterBrix will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

ClusterBrix may, in its sole discretion and for any reason, (i) refuse to offer the Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Services at any time.

You may purchase the ClusterBrix Services by following the process available at https://clusterbrix.com/. If you purchase any of the ClusterBrix Services, you agree to pay the fees applicable to the specific ClusterBrix Service that you elected to purchase.

ClusterBrix reserves the right to modify the pricing and fees related to use of the Services. Your Account and your use of the Services are subject to your prompt payment for the Services. We will bill all fees automatically to the credit card registered with your Account on the date the Services are activated and each month thereafter, until you cancel the Services or the Services are otherwise terminated in accordance with the Terms. You hereby authorize ClusterBrix to bill your credit card as described above, if applicable. All payments to ClusterBrix will be non-refundable.

ClusterBrix may change the fees and charges then in effect by sending you notice to the email address registered to your Account. Your subscription to the Services will renew automatically, unless you notify us by mail or email of your decision to terminate your subscription of the Services, or we terminate your Account pursuant to these Terms. You will not circumvent or manipulate the fee structure, billing process, or fees owed to ClusterBrix for the Services, or make any attempt to do so. Any amounts not paid when due will bear interest at one and one-half percent (1.5%) or the maximum interest rate permitted by law, whichever is lower.

Subject to the terms and conditions of any additional customer agreement that may govern your use of the Services, if and as applicable, you may cancel the ClusterBrix Services at any time. In any such event, ClusterBrix will prorate the fees owed by you for the ClusterBrix Services based on the day of the particular month in which you cancel the Services. ClusterBrix will bill your credit card for the prorated amount immediately on cancellation.

There are certain things you cannot do on or in connection with the Services:

  • You will not license, lease, rent, sell, distribute, host, assign, or otherwise transfer the Services without ClusterBrix’s prior written permission or as expressly permitted by this Agreement;
  • You will not reverse engineer, reverse compile, reduce to human readable form, or otherwise derive (or attempt to derive) the software, code, algorithms, or technology developments included in or associated with the Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Services to determine the software, source or object code, structure, organization, internal design, algorithms, or encryption devices of the underlying technology of the Services.
  • You will not create or help create any product or service that is derivative of or competitive with the Services.
  • You will not provide false information; create an account for anyone other than yourself without that person’s, entity’s, or organization’s permission; or use a name that is subject to rights of a third party without the proper authorization.
  • You will not take any action on or through the Services that is injurious, threatening, violent, abusive, harassing, defamatory, invasive of privacy, tortious, obscene, vulgar, or profane.
  • You will not use the Services to circumvent or violate any law or regulation.
  • You will not access or tamper with non-public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without the prior consent of ClusterBrix; or interfere with or disrupt (or attempt to do so) the Services or any User, host or network, including, but not limited to, sending a virus or malware, overloading, flooding, phishing, spamming, scripting, or any other computer mechanism designed to disrupt, damage, monitor, or interfere with the same.
  • You will not promote or falsely imply affiliation with or sponsorship by ClusterBrix without the prior written consent of ClusterBrix.
  • You will not solicit Users or guests to use other on- or offline services that are directly or indirectly competitive with ClusterBrix.

Failure to comply with any of the terms and obligations set out in this Section will be a breach of these Terms and may result in termination of your Account and prosecution for damages.

Use of the Services

You have exclusive responsibility and liability for all information provided and published on or through your Account, whether publicly posted or privately transmitted. Except as expressly set out in these Terms ClusterBrix is not responsible or liable for any User information or content, or any consequence, loss, or damage (direct or indirect) caused by or related to User information or content.

When you use the ClusterBrix Services or provide information to ClusterBrix, you represent and warrant that your use and information:
  • Does not include personal identification, financial, or confidential information about yourself that you expect to be treated differently than as described in these Terms and the Privacy Policy;
  • Is not counterfeit, stolen, false, fraudulent, or deceptive;
  • Does not infringe or violate the intellectual property or proprietary rights of ClusterBrix or any third party;
  • Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content);
  • Does not violate any contractual obligation;
  • Does not contain software viruses, malware/phishing, or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of ClusterBrix or third party equipment, software, or systems;
  • Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent;
  • Does not breach any of the terms or conditions of these Terms or the Privacy Policy.

ClusterBrix reserves the exclusive right to determine whether your use of the ClusterBrix Services or information you post or make available on the ClusterBrix Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your Account without notice to you in the event that, in our discretion, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.

You may change or opt out of certain communications with ClusterBrix through email. However, in some instances, we may need to provide you with service announcements and administrative messages. These particular communications are a necessary part of the ClusterBrix Services. You cannot opt-out from receiving these communications.

Failure to comply with any of the terms and obligations set out in this Section will be a breach of these Terms and may result in termination of your Account and prosecution for damages.

Your Information

When you use the ClusterBrix Services, you keep exclusive rights to the information you submit, post, or make available on or through the Services, and the information generated by your use of the Services. By using the Services, you grant ClusterBrix an automatic, worldwide, non-exclusive, royalty-free license to use, reproduce, and modify your account information solely for the purpose of operating and administering the Services and providing those Services to you. Other than as set out in the Privacy Policy, ClusterBrix does not share, distribute, or make available any account information to any third party.

By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information posted or made available by you on and through the Services, and to grant the licenses given to ClusterBrix in this Agreement.

We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information that we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process, or governmental request;
  • enforce these Terms, including investigation of potential violations;
  • detect, prevent, or otherwise address fraud, security, or technical issues
  • respond to User support requests;
  • protect the rights, property, or safety of ClusterBrix, our Users, and the public.

Failure to comply with any of the terms and obligations set out in this Section will be a breach of these Terms and may result in termination of your Account and prosecution for damages.

Rights to the ClusterBrix Services

ClusterBrix exclusively and perpetually owns and holds all right, title, and interest in and to the ClusterBrix Services and all intellectual property, information, data, and content published by ClusterBrix on the ClusterBrix Services. The ClusterBrix Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the ClusterBrix name or any of the ClusterBrix trademarks, logos, domain names, distinctive brand features, or other intellectual property in any way.

When you use the ClusterBrix Services, ClusterBrix gives you a limited, personal, revocable, non-transferable, and non-exclusive license to use the ClusterBrix Services. This limited license is only so you may use and enjoy the benefit of the ClusterBrix Services as provided by ClusterBrix and as allowed under these Terms. This license is revocable at will and may be terminated by ClusterBrix without notice to you.

Feedback, comments and suggestions you provide about ClusterBrix or the ClusterBrix Services is entirely voluntary. We are free to use all feedback, comments, and suggestions without any obligation or compensation to you.

Intellectual Property Disputes

ClusterBrix reserves the right in its sole discretion to remove accounts and information that are alleged to infringe the intellectual property of others, including copyrights, trademarks, or other intellectual properties, without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for violations.

ClusterBrix will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf). If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the material claimed to have been infringed;
  • identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
  • your contact information, including your address, telephone number, and an email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

You must provide this notice to our agent for notice of alleged intellectual property infringement:

ClusterBrix Ltd.
bul. "Cherni Vrah" 47A, fl.5
1407 Sofia, Bulgaria
Attn: Intellectual Property Agent

Termination

These Terms will continue to apply until terminated by either you or ClusterBrix. We reserve the right to terminate, suspend, or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you. Subject to the terms and conditions of any additional customer agreement that may govern your use of the Services, if and as applicable, you may end your legal agreement with ClusterBrix at any time for any reason by deactivating your Account(s) and discontinuing your use of the ClusterBrix Services.

In all such cases, ClusterBrix will terminate all proprietary information and data uploaded or published by you in connection with your account within one (1) month. On termination, your license to use the Services will automatically be canceled, and any outstanding fees will be billed to you and/or withdrawn from your registered account/method for payment.

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY. BY USING THE ClusterBrix SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION.

This section limits the liability of ClusterBrix and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, together with ClusterBrix, the “ClusterBrix Entities”). This section applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of this section may not apply to you.

THE LIMITATIONS OF THIS SECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE ClusterBrix ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

The ClusterBrix Services are Available “AS IS,” “WHERE IS,” and “AS AVAILABLE”

ClusterBrix has no fiduciary or special relationship with you. YOU AGREE THAT THE ClusterBrix SERVICES ARE PROVIDED TO YOU ON AN "AS IS," “WHERE IS,” AND "AS AVAILABLE" BASIS. THE ClusterBrix ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. ACCESS AND USE OF THE SERVICES ARE AT YOUR OWN RISK.

The ClusterBrix Entities make no warranty and disclaim all responsibility and liability for:

  • the completeness, accuracy, availability, timeliness, security, or reliability of the Services;
  • any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services;
  • the deletion of, or the failure to store or to transmit, any information and other data maintained on the Services;
  • whether the Services meet your requirements or are available on an uninterrupted, secure, or error-free basis;
  • any third-party claims, consequence, loss, or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the ClusterBrix Entities or through the Services will create any warranty not expressly made in these Terms.

IT IS THE EXCLUSIVE RESPONSIBILITY OF USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS, AND MARKETABILITY OF THE SERVICES. ClusterBrix does not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks with internet connectivity that could result in the loss of your privacy, data, confidential information, and property. ClusterBrix has no obligation to provide security, except as stated in these Terms.

No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between ClusterBrix and any User by these Terms or by your use of the ClusterBrix Services.

Links

The ClusterBrix Services may contain links to third-party websites or resources. You acknowledge and agree that the ClusterBrix Entities are not responsible or liable for:

  • the availability or accuracy of such websites or resources;
  • the content, products, or services on or available from such websites or resources;
  • any consequence, loss, or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by the ClusterBrix Entities of the websites, resources, or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.

Third-Party Providers and Partners

ClusterBrix relies on third-party providers and partners for parts of the ClusterBrix Services, including, but not limited to, payment services. You acknowledge and agree that the ClusterBrix Entities are not responsible or liable for:

  • the availability, functionality, or accuracy of the parts of the Services provided by third-party providers;
  • any interruption, delay, suspension, or termination of the Services as a result of third-party providers;
  • any consequence, loss or damage (direct or indirect) arising from third-party providers.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ClusterBrix ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: 

  • YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ClusterBrix, ANY USER, OR THIRD PARTY ON OR THROUGH THE SERVICES;
  • ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH THE SERVICES;
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ClusterBrix ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ClusterBrix, IF ANY, IN THE MONTH DURING WHICH THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM OCCURRED.

General Terms

The failure of ClusterBrix to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect.

These Terms of Service provide that all disputes between you and ClusterBrix will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.

You agree that you will notify ClusterBrix in writing of any dispute or problem related to the ClusterBrix Services. ClusterBrix will have thirty (30) days to address the dispute or problem The notice should be addressed: ClusterBrix Ltd., bul. "Cherni Vrah" 47A, fl.5 1407 Sofia, Bulgaria.

CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including but not limited to emails sent to the email address associated with your Account and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures, and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from ClusterBrix will be deemed effective when sent to the email address associated with your Account or when posted publicly on the Services.

These Terms, together with the Privacy Policy, are the entire and exclusive agreement between ClusterBrix and you about the Services. These Terms supersede and replace any other or prior agreements between ClusterBrix and you about the Services. If these Terms conflict with any other documents or agreements, these Terms will control.

We may revise these Terms from time to time without notice to you. In our sole discretion, we may also choose to notify you by e-mail. By continuing to use the Services after revisions are effective, you acknowledge and agree that you will be bound by the revised Terms.

These ClusterBrix Services are operated and provided by ClusterBrix Ltd. If you have any questions about the Terms, please contact us at legal@clusterbrix.com.