Introduction Using Our Services Means Accepting These Terms Support System Requirements Access and Security of Your Data Intellectual Property Rights Reliability Play Nice Clauses Payment, Cancellation, and Deletion Restriction and Termination of Use Links to Third Party Sites Advertisements and Promotions Publicity Rights Warranties and Disclaimers Indemnity and Liability Limitation of Liability International Users Governing Law and Jurisdiction General
3 Clicks Cloud Terms Of Service
This Agreement applies to:
For the rest of this document, these will be referred to as 3 Clicks Cloud.
Other 3 Clicks Cloud products and services are covered by other agreements, as specified on Terms of Service & EULA.
For clarity, any other product (e.g. a desktop or mobile application) we provide that can be used in conjunction with the 3 Clicks Cloud referenced above remains subject to these Terms.
Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead as much as possible, to make our terms as clear as possible.
Please don’t forget that we are real people, we are not perfect, but we’re trying our hardest, because we genuinely care about your success.
Our subscription Services include the concept of a Site or Space Owner, or Administrator. For the rest of this document, these will collectively be referred to as Licensees.
Should you have other questions or concerns about this document, please Contact Us!
Using Our Services Means Accepting These Terms
This is a living document. With your help, we want to make it the best in the industry.
If you read something that rubs you the wrong way, or if you think of something that should be added, please Contact Us.
We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone.
We improve this document over time. If the changes are significant, we will provide a prominent notice on our home page, product login screens, or by sending you an email notification. By continuing to use the Service, you will implicitly accept the changes we make.
Your access and use of the 3 Clicks Cloud Service is always subject to the most current version of this document.
Support for 3 Clicks Cloud is provided via our website and also via our support page.
Email and phone support is also included, but only provided to Licensees.
Licensees are responsible for first-level support to the people on their 3 Clicks Cloud Service Site or Space or subscription. If you have an issue with your 3 Clicks Cloud Service, contact your Owner(s) first.
We continuously update our documentation so that users can help themselves and Licensees are better equipped to help their users.
We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we will try our best, we do not guarantee 24/7 support.
Access and Security of Your Data
We also provide answers to information security questionnaire for each of our Services on our Information Security page.
Intellectual Property Rights
Who Owns 3 Clicks Cloud Materials?
3 Clicks Cloud Materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the 3 Clicks Cloud produced by 3 Clicks Cloud.
3 Clicks Cloud Materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the 3 Clicks Cloud Materials may violate such laws and the Terms of Service.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the 3 Clicks Cloud Service or 3 Clicks Cloud Materials or any portions of them.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos and service marks displayed on the Services are the property of 3 Clicks Cloud or other third parties. You are not permitted to use them without the prior written consent of 3 Clicks Cloud or such third party that may own the Marks. 3 Clicks Cloud and the 3 Clicks Cloud logo are trademarks of Loggia Corp Pty Ltd.
Who Owns the IP of my content?
User Materials refer to the wireframes and other assets (text, images, photographs, graphics, etc) created or uploaded by users using 3 Clicks Cloud.
3 Clicks Cloud does not claim intellectual property rights over User Materials.You acknowledge and agree that 3 Clicks Cloud has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use User Materials.
3 Clicks Cloud does not pre-screen User Materials that users provide or otherwise submit via 3 Clicks Cloud; however, 3 Clicks Cloud may remove any posted or submitted User Materials from 3 Clicks Cloud for any reason without notice in its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your User Materials as described in these Terms of Service, including all the rights necessary for you to post or submit your User Materials.
In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with 3 Clicks Cloud and as otherwise permitted by these Terms of Service; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Service, including the distribution, public display, public performance and reproduction of such Images.
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via 3 Clicks Cloud. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. 3 Clicks Cloud does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using 3 Clicks Cloud, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
Do You Guarantee That 3 Clicks Cloud Will Be Accessible at All Times?
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to 3 Clicks Cloud and your data.
That said, high reliability is something we are proud of and something we deliberately chose to compete on. We have developers, system administrators and support staff on call, 24/7.
We monitor 3 Clicks Cloud closely and have set up automated alarms to be notified when a 3 Clicks Cloud Service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
You acknowledge and agree that 3 Clicks Cloud shall not be liable for any failure to store your materials on 3 Clicks Cloud Service at any time.
Play Nice Clauses
Use of 3 Clicks Cloud
You agree that you shall not :
Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. 3 Clicks Cloud offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, 3 Clicks Cloud Materials, the 3 Clicks Cloud or another third-party service. You agree that you will not hold 3 Clicks Cloud responsible or liable with respect to the third-party services.
Special Treatment for Spammers
In the event of your or others’ access to or use of a 3 Clicks Cloud Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that 3 Clicks Cloud would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that 3 Clicks Cloud is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). 3 Clicks Cloud may without restriction block, filter or delete unsolicited e-mail.
Payment, Cancellation, and Deletion
We offer free 30-day trials for all of our subscription Services. Upon the conclusion of the trial, a paid subscription is required for continued use of our Services.
In the event of failed payment, cancellation of a subscription, or no payment for a trial account, the Service will become inactive. The Owner, who is solely responsible, can cancel their subscription Service at any time by Contacting Us.
In some instances, we will keep the inactive Service account for at least 30 days before deleting it from our system. This includes free accounts with no activity in the past 12 months, which will be deemed inactive and subject to deletion.
Additionally, we reserve the right to discontinue the 3 Clicks Cloud at any time. In this event, 3 Clicks Cloud will announce an End-Of-Life date on the 3 Clicks Cloud website. For subscription Services.
Restriction and Termination of Use
We may block, restrict, disable, suspend or terminate your access to all or part of the 3 Clicks Cloud at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.
If you breach any of the terms and conditions in this document, your authorization to access or use the 3 Clicks Cloud Service automatically terminates. Any materials downloaded or printed from the 3 Clicks Cloud Service in violation of the Terms of Service must be immediately destroyed.
If you think we removed your access by mistake, Contact Us and we’ll give you our reasoning.
Notification of Copyright Infringement
3 Clicks Cloud will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. 3 Clicks Cloud will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (“DMCA”).
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a 3 Clicks Cloud Service or on sites linked to from 3 Clicks Cloud, please provide written notification of claimed copyright infringement to the designated agent for 3 Clicks Cloud, which must contain the following elements:
3 Clicks Cloud’s designated agent for notice of claims of copyright infringement can be reached here.
Links to Third Party Sites
3 Clicks Cloud may include links that will take you to other sites outside of the 3 Clicks Cloud Service. The linked sites are provided by 3 Clicks Cloud to you or the creators of the wireframes as a convenience and the inclusion of the links do not imply any endorsement by 3 Clicks Cloud of any linked site. 3 Clicks Cloud has no control of the linked sites and you therefore acknowledge and agree that 3 Clicks Cloud is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that 3 Clicks Cloud is not responsible for any form of transmission (e.g. webcasting) received from any linked site.
Advertisements and Promotions
3 Clicks Cloud may run advertisements and promotions from third parties via 3 Clicks Cloud or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via 3 Clicks Cloud or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that 3 Clicks Cloud is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-3 Clicks Cloud advertisers on 3 Clicks Cloud or Materials.
(a) The Owner grants 3 Clicks Cloud the right to include the Owner's organization as a customer in Product promotional material.
(b) The Owner can deny 3 Clicks Cloud this right by submitting a written request via email to accounts@3ClicksCloud.com, requesting to be excluded from Product promotional material.
(c) Should the Owner come to be or already be included in Product promotional material, as a result of any prior purchases where the Owner did not request exclusion from Product promotional material, the Owner can at any point in time, submit a written request via email to accounts@3ClicksCloud.com to have 3 Clicks Cloud remove the Owner's organization name from Product promotional material. Upon receipt of such request, 3 Clicks Cloud will remove any reference to the organization from such promotional material within 30 days and make no further reference to it.
Warranties and Disclaimers
The 3 Clicks Cloud and 3 Clicks Cloud Materials are provided by 3 Clicks Cloud under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, 3 Clicks Cloud makes no warranty that :
3 Clicks Cloud and 3 Clicks Cloud Materials may include technical or other mistakes, inaccuracies, or typographical errors. 3 Clicks Cloud may make changes to Materials and Services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. 3 Clicks Cloud and 3 Clicks Cloud Materials may be out of date, and 3 Clicks Cloud makes no commitment to update the Materials and Services.
You acknowledge and agree that:
3 Clicks Cloud does not control or endorse the materials found in any Service and specifically disclaims any liability with regard to the Services and any actions resulting from your use of 3 Clicks Cloud and 3 Clicks Cloud Materials and participation in any Services. Managers, hosts, Space Licensees, project members and other third parties are not authorized 3 Clicks Cloud spokespersons, and their views do not necessarily reflect those of 3 Clicks Cloud. To the maximum extent permitted by law, 3 Clicks Cloud will have no liability related to User Materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. 3 Clicks Cloud also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Materials.
The use 3 Clicks Cloud, 3 Clicks Cloud Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. 3 Clicks Cloud assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from 3 Clicks Cloud or via the site, Services or Materials shall create any warranty not expressly stated in the Terms of Service. 3 Clicks Cloud will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Indemnity and Liability
You agree to indemnify and hold 3 Clicks Cloud and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
Limitation of Liability
In no event shall 3 Clicks Cloud, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if 3 Clicks Cloud has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
3 Clicks Cloud can be accessed from countries around the world and may contain references to 3 Clicks Cloud products, Services and programs that are not available in your country. These references do not imply that 3 Clicks Cloud intends to announce such products, Services or programs in your country. The Services are controlled, operated and administered by 3 Clicks Cloud and its affiliates from their offices within Australia. 3 Clicks Cloud makes no representation that the 3 Clicks Cloud and 3 Clicks Cloud Materials are appropriate or available for use at other locations outside of Australia, and access to the Services from territories where the Services or Materials are illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.
The export and re-export of 3 Clicks Cloud Software are controlled by Australia Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which Australia embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which Australia embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All 3 Clicks Cloud Software, products and publications are commercial in nature. The Software and documentation available on the Services are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Service and the applicable license agreement.
Governing Law and Jurisdiction
3 Clicks Cloud (excluding linked sites) is controlled by 3 Clicks Cloud from its offices within the state of Victoria, Australia. By accessing 3 Clicks Cloud, you agree that all matters relating to your access to, or use of, 3 Clicks Cloud shall be governed by the statutes and laws of the State of Victoria, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and Australia District Court for Victoria with respect to such matters.
The Terms of Service and other rules, guidelines, licenses and disclaimers posted via 3 Clicks Cloud or in connection with the Materials and Services constitute the entire agreement between 3 Clicks Cloud and you with respect to your access to or use of 3 Clicks Cloud and Materials superseding any prior agreements between you and 3 Clicks Cloud on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and 3 Clicks Cloud regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other 3 Clicks Cloud, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by 3 Clicks Cloud to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.