Terms and Conditions
Updated: August 2022.
Thank you for using Kloudlab (“Kloudlab,” “we,” “us,” or "our")!
Welcome to our educational website, available at www.kloudlab.com (the “Website”). This Agreement contains very essential information regarding your rights and obligations, as well as requirements, limits, and exclusions that apply to you by registering, accessing, browsing, and usage of the Website. Please read carefully the following terms and conditions and any additional guidelines (as defined below) (collectively, the “Terms”) and our Privacy Policy, which may be found at www.kloudlab.com/privacy-policy/ , and which is incorporated by reference into these Terms where the Privacy Policy describes the personal information that we collect and how we use and share it. These Terms govern your access to and use of the Website, any Downloadable Content (as defined below), and any other products and services supplied through the Website now or in the future (the “Services”), and constitute a binding legal agreement (collectively, this "Agreement") (collectively, this "Agreement")
By clicking “I accept” (or for those who have not yet registered an account, by using our Services), you agree to be bound by these Terms, including the policies indicated in these Terms. By using our Services, you agree to be bound by these Terms, including the policies indicated in these Terms.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST KLOUDLAB. THEY AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. THE ARBITRATION AGREEMENT'S TERMS AND THE WAIVER OF CLASS ACTIONS SHALL NOT APPLY IF THEY CANNOT BE ENFORCED UNDER THE LAWS OF THE COUNTRY IN WHICH YOU LIVE.
Who Can Use Our Services?
You are only permitted to use our Services in accordance with these Terms and all relevant legal requirements if you are able to legally bind Kloudlab. You must give correct and complete information when you create your Kloudlab account and later when using specific features. You also agree to update your information as necessary to maintain it current and complete. Anyone under the age of 13 is not permitted to use or access any Content Offerings. Some specific geographic areas and Content Offerings may have additional criteria and/or restrictions.
Our License to You
We provide you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms and our rules (such as the Acceptable Use Policy, course-specific eligibility requirements, and other terms). Unless you have our specific consent to do so, you may only download anything from our Services for your own noncommercial use. You also agree not to give anybody else access to your account or your account's login details, unless Kloudlab expressly permits it. You also agree to only establish, access, and/or use one user account. You do not acquire any ownership or intellectual property rights in our Services or the content you access by using our Services.
Changes to the Content
Kloudlab provides instruction and content from colleges and other organizations (also known as "Content Providers") ("Content Offerings"). Even while we strive to offer top-notch content offerings from our content providers, unforeseen situations do occasionally happen. In addition to changing the point value or weight of any assignment, quiz, or other assessment, Kloudlab maintains the right to do so on its own or in compliance with instructions from the content provider. The sections below on disclaimers and limitations of liability apply to content offerings.
No Academic Credit
For completing Content Offerings, Kloudlab does not award academic credit. Participation in or completion of Content Offerings does not award academic credit unless specifically stated by a credit-granting institution. There is no guarantee that other institutions will accept credit even if it is granted by one institution. You consent to not claiming credit for finishing a Content Offering until you have obtained a course certificate or another form of proof that the Content Offering was successfully completed. The connected content providers, and Kloudlab are not required to have their content offerings approved by any accrediting body or educational institution.
Disclaimer of Relationship Between Students and Content Providers
Nothing in these terms or elsewhere with regard to your participation in any Content Offerings by Content Providers: (a) creates a relationship between you and any Content Provider; (b) enrolls or registers you in any Content Offering offered by any Content Provider institution; or (c) entitles you to use any Content Provider institution's resources in any way other than as expressly permitted by these terms and conditions.
User Content
You can share your content (also known as "User Content") with Kloudlab, and/or other users through the Services, including your projects, tests, quizzes, homework, and other submitted assignments. You are in charge of and have all ownership rights to the User Content you produce and distribute. Course content and other materials made available on the Kloudlab platform by or on behalf of Content Providers via the Services or Content Offerings are not considered User Content. Such Content Offerings as between Kloudlab and Content Providers are regulated by the applicable agreements in place between Kloudlab and Content Providers.
How User Content May Be Used by Kloudlab and Others
You grant Kloudlab a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, edit, prepare derivative works based upon, publicly perform, publicly display, and otherwise use the User Content to the extent that you submit such User Content. In accordance with the terms of this license, Kloudlab is permitted to permit Content Providers to utilize User Content with their enrolled students, students who are enrolled on-campus, or with other learners who are not using the Services. Nothing in these Terms shall limit any other legal rights that Kloudlab may have, including those arising from other licenses, with respect to User Content. For any reason, including when we believe it violates these Terms or other rules like our Acceptable Use Policy or Code of Conduct, we reserve the right to remove or alter any User Content.
Feedback Regarding the Services
We appreciate your ideas, opinions, and other feedback ("Feedback"). By sending us any feedback, you give us permission to use it without restriction or payment to you. Kloudlab does not give up the right to use any comparable or related Feedback that was previously known to Kloudlab, created by our employees or contractors, or discovered through other sources.
Security
We are concerned about our users' safety. While Kloudlab makes every effort to safeguard the security of your account and any associated data, we cannot guarantee that unauthorized third parties won't be able to circumvent our security precautions. Please alert Kloudlab as soon as you become aware of any compromise or illegal use of your account.
Third Party Materials
You will have access to and/or use content given by content providers, other users, and/or other third parties through the Services, as well as links to websites and services run by third parties. Kloudlab is unable to guarantee that any third-party content found on the Services or elsewhere will be devoid of any offensive, inappropriate, or harmful content that you may find, as well as malware or other contaminants that could damage your computer, mobile device, or any files stored on it. Regarding your access to, use of, or inability to access or use such third party content, Kloudlab expressly disclaims any liability.
Patents and copyright
When using the Services, users are expected to respect the intellectual property rights of Kloudlab, Content Providers, and other third parties. In compliance with the Digital Millennium Copyright Act and other applicable laws, we have adopted and put into effect the Kloudlab Copyright and Trademark Policy detailed below.
Research
We at Kloudlab are dedicated to advance the science of teaching and learning, and we may use data from your course participation for educational research. You can encounter many Content Offerings in the course of this investigation. Typically, research findings will be presented in aggregate form. Without your specific permission, no research findings will reveal your identity to the public.
Paying Clients of Kloudlab
For a price, Kloudlab provides paid Services (such as course certificates for specific courses). You are responsible for paying all fees charged by or for Kloudlab and relevant taxes in a timely manner using a payment mechanism linked with the applicable paid Services, unless otherwise noted. If your payment method is declined or your account is past due, we may use various collection practices to recover fees. Your location and other circumstances may affect the rates, and Kloudlab has the right to modify such fees at any time and at its sole discretion. Any modification, update, or change will take effect right away after being posted through the applicable Services. For purchased services, refunds can be possible in accordance with our refund policy.
Changing or Discontinuing our Services
Our services are continuously updated and improved. To the extent permitted by relevant law, we may change the requirements, add or remove features, and suspend (or completely terminate) some of our Services. Therefore, Kloudlab has the right to stop you from using any Service for any reason. If you stop using a premium service, you might be eligible for a refund under our refund policy. Due to a variety of factors, such as applicable export control regulations or governmental limits on internet access, we might not be able to provide the Services in some regions or nations. You won't be held liable for any such activity by any of Kloudlab, its content providers, contributors, sponsors, and other business partners (collectively, the "Kloudlab Parties"). Although we will be sorry to see you depart, you are free to cease utilizing our services whenever you like.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE KLOUDLAB PARTIES EXPRESSLY DISCLAIM ANY AND ALL MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE KLOUDLAB PARTIES ALSO DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES OR ANY CONTENT RELATED THERETO. YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY ACCESS TO OR USE OF SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE KLOUDLAB PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER NEITHER HUNDRED DOLLARS ($100) NOR THE TOTAL AMOUNT OF FEES KLOUDLAB HAS RECEIVED FROM YOU FOR THE USE OF PAID SERVICES DURING THE LAST SIX MONTHS, WHICHEVER IS GREATER, SHALL KLOUDLAB'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED KLOUDLAB'S ACTUAL LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE KLOUDLAB PARTIES AND THAT SUCH LIMITATIONS FORM AN ESSENTIAL PART OF KLOUDLAB'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON
You acknowledge that any claim arising out of or related to the Services must be filed within one (1) year of the claim arising. A permanent bar would apply if this cause of action wasn't brought.
Export Regulations
You guarantee that neither your location nor your usual place of residence fall under any rules or restrictions that prevent Kloudlab from granting you access to the Services under relevant U.S. law. Your physical location determines where you are. It is strictly forbidden to use a virtual private network service, IP routing services, or another such service to get around these restrictions. You represent that your name does not appear on any government sanctions, debarment, or exclusion lists (collectively, "Sanctions Lists"), export-control related restricted party lists, or lists of forbidden, denied, unverified parties. If you are added to a Sanctions List, you will immediately stop using the Services. You further guarantee that you won't export, re-export, transfer, or otherwise make use of the Services in a way that would contravene any relevant laws to any entity that is listed on a sanctions list.
Notwithstanding anything to the contrary in these Terms, if you violate the conditions in this section, Kloudlab may immediately end all further responsibilities to you.
Indemnification
You consent to hold the Kloudlab Parties harmless from any and all third-party claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, arising out of: (a) your use of or attempt to use the Services in violation of these Terms; (b) your violation of any law or the rights of any third party; or (c) User Content, including without limitation any claim that any User Content violates the rights of any third party.
Rule of Law and Venue
Except as stated below, Kloudlab, Inc. is in charge of managing the Services. You acknowledge that applicable United States law, excluding its conflict of law rules, will govern these Terms. You and Kloudlab agree to submit to the personal jurisdiction of and submit to the exclusive venue of the federal and state courts situated in the United States as the legal forum for any dispute relating to these Terms that is not subject to binding arbitration.
The Services are overseen by Kloudlab Europe to the degree that you are based in the European Union or the United Kingdom. You acknowledge that the laws of the United Kingdom, excluding its rules on conflicts of law, shall govern these Terms.
Any mandatory consumer safeguards under the law of the nation where we direct Services to you and where you have your usual residence shall not be affected by this clause.
Class Action Waiver and Binding Arbitration
Any and all disputes, claims, or controversies of any kind, whether founded in statute, rule, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that result from or relate to our Services, these Terms, and/or any other relationship or dispute between you and Kloudlab, including without limitation I the extent, applicability, or enforceability of the Terms, shall be submitted to binding arbitration by you and Kloudlab.
Any and all Claims must be arbitrated in accordance with the American Arbitration Association's Consumer Arbitration Rules (the "AAA Rules"), as amended, in force at the time arbitration is started. The AAA Rules are accessible online at www.adr.org, and they are hereby referenced. In the event of any conflict between this arbitration provision and the AAA Rules, the arbitration provision shall prevail. We agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to start your arbitration, and you agree to pay the $200 initiation fee (or the amount otherwise required by the AAA Rules) if you decide to start arbitration. We will cover all of the costs of the arbitration, including the arbitrator's fees; however, other costs, like legal fees and travel costs to the arbitration, must be paid in accordance with the AAA Rules and any relevant laws. In the event that we initiate arbitration, we will cover all related expenses. All Claims shall be resolved by one neutral arbitrator who is appointed in accordance with the AAA Rules.
The arbitrator must be a practicing attorney who has been in practice for at least five years or a retired judge who is an active member in good standing of the bar in any state in the United States. The arbitrator is required to respect legal claims of privilege. Regardless of which party wins the arbitration, each party is responsible for paying its own attorney, expert, and witness fees, unless the applicable law prohibits it and except as otherwise provided herein. You will have the option to attend the arbitration and be heard, and it will take place in the federal judicial district where you currently reside. The arbitrator's decision shall be final, binding upon the parties, and enforceable in any competent federal or state court. You and I agree that the arbitration shall be held in strict confidence and that the existence of the proceeding and any aspect of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged, as well as any testimony or other oral submissions and awards) will not be disclosed outside of the arbitration proceedings, except as may be legally required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations.
In relation to any Claim, neither you nor Kloudlab are permitted to serve as a class representative or a member of a class of claimants. Class or representative arbitrations of the Claims are not permitted. Only your and/or Kloudlab's individual Claims may be decided by the arbitrator. The arbitrator is prohibited from combining or joining the claims of parties or other individuals who may be in a similar situation. The AAA Supplementary Rules for Class Arbitrations will not apply to our arbitration, as agreed upon by both of us. Regardless of any applicable state law, this arbitration clause and the procedures governing the arbitration it contemplates are governed by the Federal Arbitration Act.
This arbitration agreement does not prevent you or us from filing a complaint with a federal, state, or local agency. As long as the case is still pending in small claims court and progresses solely on an individual (non-class, non-representative) basis, you and we also have the right to use self-help remedies like set-off or to file qualifying claims there. The right to seek provisional or ancillary relief, such as pre-arbitral attachments or preliminary injunctions, remains open to both you and us, and any such request won't be interpreted as violating any of the terms of this agreement or as a waiver of the right to have disagreements resolved through arbitration as specified in this clause.
Except for the restrictions against any Claim being handled on a class or representative basis, any portion of this binding arbitration and class action waiver section that a court determines to be unenforceable may be severed; all other parts of this arbitration provision will still be valid and enforceable. Any waiver of a right or obligation under this Section must be made in writing and signed by the party wishing to renounce it in order for it to be valid. This waiver does not apply to or affect any other clause of these terms.
CERTAIN RIGHTS ARE LIMITED BY THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION, INCLUDING THE RIGHT TO CONTINUE A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR KLOUDLAB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
General Terms
Modifications to the Terms We reserve the right to change the Terms at any time, for any reason. Any modifications to the Terms will take effect as soon as we post them. We will use commercially reasonable efforts to let you know about any significant changes to the Terms, whether it be through an email, a banner on the website, another method, or a combination of methods. Anytime you continue to use the Services after the publication of such changes, whether or not you are notified, you are legally bound to accept the updated Terms.
Waiver; Severability
If any provision of these Terms is found to be unenforceable, the enforceability of the remaining provisions shall not be affected. If you violate these Terms and we don't take immediate action, it doesn't mean that we've given up any potential legal claims against you (such as taking action in the future).
Content Providers
The Terms are third party beneficiaries, which means that our content providers and integrated service providers are also entitled to enforce the terms that apply to them.
California Users
Users of websites in California have the right to the following specific consumer rights notice pursuant to California Civil Code Section 1789.3: One can write to or call the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834.
Acceptable Use Guidelines
The best education available anywhere in the world is our goal. We are adamant about protecting our users' right to free speech and expression as well as the academic freedom of our content providers and teachers. Additionally, we want to guarantee the security and comfort of all of our content providers and users while they use our services. This policy was created by us to make sure that everyone who uses our Services or interacts with our online community is aware of and abides by the rules.
Inappropriate content or activity that we discover or that is reported to us may be deleted or edited by us. A user's access to all or a portion of the Services may be separately suspended, disabled, or terminated by us.
You are not permitted to use our Services to distribute materials that: Contain illegal material or encourage the commission of illegal acts.
Please take note that particular Content Offerings may have additional guidelines and specifications.
Additionally, you are prohibited from:
Trademark and Copyright Guidelines
The intellectual property rights of our content providers, users, and other third parties are respected by Kloudlab, and we anticipate that our users will do the same when using the Services. Users who repeatedly violate the copyrights, trademarks, or other intellectual property rights of others, or who are repeatedly accused of doing so, may find their accounts suspended, disabled, or terminated.
Copyright holders who believe that material on the Internet violates their rights under U.S. copyright law have recourse thanks to the Digital Millennium Copyright Act of 1998 (the "DMCA"). Please go to the U.S. Copyright Office website to read the DMCA.
According to the DMCA, you (or your agent) may send us a notice requesting that the material be removed or access to it be restricted if you in good faith believe that materials on the Kloudlab platform violate your copyright.
The notice must contain the following details:
Before submitting a notice, we advise that you speak with a lawyer. Be aware that violations of the DMCA may result in penalties for making false claims.
Also, Kloudlab respects other people's trademark ownership rights. Kloudlab reserves the right, in its sole discretion, to update, suspend, disable, or terminate accounts with any other content that misleads others or infringes on another's trademark. Please send us an email at kloudlab.com if you have any concerns about someone using your trademark on our Services without your express permission. We will then review your submission. If it seems appropriate, we may take down the offensive material, issue a warning to the author, suspend or disable the user's account either temporarily or permanently, or all three.
Right of Withdrawal for European Users
If your country's applicable laws, including any laws of the European Union that may apply, grant you the right to withdraw, then:
If the communication is sent by you prior to the 14-day withdrawal window closing, you will have exercised your right to cancel within that window. The parties' obligations to carry out the contract are terminated by the exercise of their right of withdrawal. Any ancillary contracts will be automatically terminated if you exercise your right to withdrawal.
If you decide to cancel the agreement, we will reimburse you for all payments made by you, including delivery costs if applicable, without undue delay and, in any case, no later than 14 days from the day on which we are notified of your decision to cancel the agreement in accordance with this clause. Unless you have expressly agreed otherwise, we will reimburse you using the same payment method that you used to complete the original transaction. In any case, you are not charged any fees in connection with this reimbursement.
You must expressly request the start of the Services during the 14-day cooling-off period, acknowledging that once the service has been fully rendered, you will no longer have the option to cancel. If you choose to withdraw from the agreement before the Services have been completed in full, you will be responsible for covering our reasonable costs, which will be calculated based on the amount of Services that have already been rendered up to the point at which you notified us that you are withdrawing from the agreement.
You will be required to provide evidence that you complied with this clause and exercised your right to withdraw. You won't be held accountable for anything as a result of using your right to withdraw, unless specifically stated in this clause.
Contact Information
Contacting our support team is the most effective way to get in touch with us. Your comments, questions, and suggestions regarding our Services are welcome.
Support@kloudlab.us