Terms of Service
Last updated: December 16, 2024
Agreement to Terms
By accessing or using the services provided by RailCloud Software ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.
Services
RailCloud Software provides software development, IT consulting, and related technology services. The specific scope, deliverables, and terms of any project will be defined in a separate agreement or statement of work.
User Accounts
When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
Intellectual Property
Unless otherwise specified in a separate agreement:
- •All content on our website, including text, graphics, logos, and software, is owned by RailCloud Software and protected by intellectual property laws.
- •Custom work created for clients will be subject to the intellectual property terms defined in the applicable project agreement.
- •You may not reproduce, distribute, or create derivative works without our written permission.
Payment Terms
Payment terms for services will be specified in the applicable project agreement or invoice. Unless otherwise agreed, payments are due within 30 days of invoice date. Late payments may incur interest charges and may result in suspension of services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- •RailCloud Software SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL.
- •OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- •THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Indemnification
You agree to indemnify, defend, and hold harmless RailCloud Software, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our engagement. This obligation survives the termination of these terms or any project agreement.
Termination
We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination will remain in effect.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which RailCloud Software is incorporated, without regard to conflict of law principles. Any disputes shall be resolved in the courts of that jurisdiction.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated terms on our website. Your continued use of our services after such changes constitutes acceptance of the new terms.
Contact Us
If you have questions about these Terms of Service, please contact us:
RailCloud Software
Email: info@railcloudsoftware.com
