Cloud AI-D Terms and Conditions

Terms And Conditions

These Terms of Use govern all access to and use of software, technical interfaces and related technology and services (the “Service”) provided by Cloud AI-D AS (“Cloud AI-D”). All use of the Services are subject to these Terms of Use.

Purpose of the service

The Service is provided as a service to a customer (the “Customer”) for the purpose of exploring different ways to develop a residential building site. The Service shall be used to gain insight for the benefit of the Customer at a real estate development project designated by the Customer.

Authorized users

The Customer may request access to the Service to certain individuals, working with the Customer’s development project (“Authorized Users”). Only Authorized Users may access and use the Service and only for the purpose set out above in Section 1.

Any use of the Service is subject to acceptance of these Terms if Use and the terms herein. If an Authorized User does not agree to the terms herein, the Authorized User is expressly prohibited from accessing and using the Service.

Registration

Access to and use of the Service requires registration. Each Authorized User will be provided with a unique user ID (“User ID”), to be used exclusively by the Authorized User. Access may also require other means of identification, such as passwords, access codes etc.

The Authorized User may not share the User ID or any other means of identification, let anyone else access the Service using its User ID or other means of identification, or do anything else that might jeopardize the security of the User ID or other means of identification, the account at the Service and/or the Service itself.

Conditions for use

Authorized Users shall use the Service in accordance with these Terms of Use, any user instructions and other policies and guidelines provided by Cloud AI-D from time to time. The Authorized User is responsible for all their activity at the Service.

Authorized Users shall not, and shall not allow any third party to, unless explicitly stated in these Terms of Use:

1. use the Service except as expressly permitted in these Terms of Use;

2.decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from any component of the Services;

3. allow third parties to gain access to the Service, or sub license, transfer, sell or otherwise assign its account at the Service or the Service itself to any third party;

4. alter, embed into any other product or otherwise create derivative works of, or otherwise modify the Service;

5. interfere with or disrupt the integrity of the Services, software or data;

6. attempt to gain unauthorized access;

7. interfere with another Customer or Authorized User’s use of the Services.

Supported environment, Improvements, changes and updates

The Service is provided as a hosted service (software as a service). Its functionality may require certain specifications concerning hardware, software, connections etc.

Cloud AI-D may change suppliers, vendors or hosting partners and make adjustments or changes to the Service. This may result in changed appearance and/or functionality of the Service, the Supported Environment, and require the Customer to update its own system, web-browsers or hardware in order for the Services to function properly.

Intellectual property rights

The Service, its source code, design, accompanying documentation (in hard copy or electronic form), and all other materials and other Intellectual Property Rights developed by Cloud AI-D (“Cloud AI-D IP”) provided or made available by Cloud AI-D to the Customer and/or the Authorized User are the exclusive property of Cloud AI-D. Cloud AI-D retains all right, title and interest in and to the Cloud AI-D IP, including all inventions, patents, circuit designs, copyright, trade secrets, know-how, brand names, trademarks and any other industrial and/or intellectual property rights (collectively “Intellectual Property Rights”).

License to use content

The Authorized User grants to Cloud AI-D a non-exclusive, royalty free, transferable, non-revocable and perpetual license to use all data provided into the Service, all data and content generated by the Service and any statistical information related to the usage, traffic patterns and behavior of the Authorized Users, for the purposes of inter alia statistics, analysis and development of Cloud AI-D ’s technology and services. Cloud AI-D can only use non-anonymized data for marketing purposes to the extent explicitly agreed with the Customer.

Personal data

In order to provide the Service, administer the Authorized User’s use of the Service, and to improve the Service, Cloud AI-D will process certain personal data about the Authorized User. Cloud AI-D takes the security of personal data seriously, and has taken reasonable steps to protect the Authorized User’s privacy. For more information about processing of personal data, please refer to Cloud AI-D ’s privacy policy.

Availability

Cloud AI-D will exercise reasonable skill and care in providing the Service, but makes no guarantee related to its availability. The Authorized User accepts that the Service from time to time may be partly or completely unavailable due to, amongst others, maintenance.

Termination and Suspension of the Service

An Authorized User has the right to cancel its registration at any time. Cloud AI-D may, without notice and with immediate effect terminate, suspend or restrict the Authorized User’s access and use of the Service, if there is a suspected violation of these Terms of Use, or illegal or fraudulent use of the Service.

Cloud AI-D further reserves the right to suspend or cease providing the Service to Authorized Users, with or without notice, due to breach and/or termination of the agreement between Cloud AI-D and the relevant Customer.

Cloud AI-D may also suspend or cease providing the Service or parts thereof upon its decision to discontinue the Service or other reasonable grounds, e.g. if suspension or closure is necessary due to security issues, improper use of the Service etc.

Cloud AI-D s Liability

The Service is provided “as is”. Cloud AI-D makes no warranties of functionality, fitness for a particular purpose, effect of the use of the Service, accuracy, completeness, or adequacy of third-party content or other information contained in the Service. Cloud AI-D does not warrant that the Service will be completely error-free or that use of the Service at all times will be uninterrupted or free from any viruses or bugs.

Cloud AI-D , its consultants, employees, or suppliers shall in no event be liable to the Authorized User, or any third party for any loss or damage, whether direct, indirect, special, punitive, incidental or consequential damage of any nature, including but not limited to, damages or costs due to damage to hardware, interruption of business or loss of profits, data, revenue, goodwill, production, use or the like.

Electronic communication

Cloud AI-D will send information relating to the Service, such as messages relating to account transactions, changes in these Terms of Use etc., in electronic form only, e.g. by notifications, e-mail, SMS etc.

Modifications to the terms of use

Cloud AI-D may update or change these Terms of Use. Authorized Users will receive notice of any changes that materially affect the use of the Service. Please note that the continued use of the Service after any updates are effectuated or after receipt of notice of any changes, will constitute acceptance of those updates/changes and the Authorized User will be bound by the new terms upon the continued use of the Service. If the Authorized User does not accept the changes, the Authorized User may terminate its account at the Service with immediate effect.

Assignment

By registering as a user on the Service, the Authorized User accepts that Cloud AI-D, either partly or in whole, may assign its rights and obligations under these Terms of Use to a third party.

Force majeure

Cloud AI-D shall not be liable for any failure of or delay in the performance of the Services for the period that such failure or delay is beyond Cloud AI-D ’s reasonable control, materially affects the performance of any of its obligations, and could not reasonably have been foreseen or provided against.

Governing law and disputes

These Terms of Use shall be governed by and construed in accordance with the laws of Egypt.

The parties shall in good faith try to resolve any disagreement or dispute under these Terms of Use through negotiations. If the parties after such negotiations are not able to reach an amicable solution, the dispute may be brought before the ordinary courts, with Cairo City Court as legal venue. These Terms of Use will not limit any consumer protection rights that the Authorized User may be entitled to under the mandatory laws of its country of residence.