Terms of Use (“Terms”)

Subject to your compliance with these Terms, GreenClick grants you a non-exclusive, non-sublicensable, fully revocable, non-transferable license to access the Site and Content (“License”). This License is subject to all restrictions described in these Terms including, without limitation, as described in Section 2.

You may access the Site and certain portions of the Content without registering. However, to download, access, or license the Products and Services, you must create an account and provide log-in credentials and other information described below (the “Account“).

To register, you must either: (a) provide us with certain personal information via our registration portal which may include your full name, e-mail address, username, password, and other identifying information, or (b) submit a signed Order Form via the Site or by email to [email protected] .

Your Account is password-protected. To protect the security of your personal information available, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.

You must provide accurate, updated, and complete information when creating an Account and agree not to misrepresent your identity or your Account information.

You are solely responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account.

If we in good faith believe you have created an Account that impersonates another person, we may immediately suspend or terminate your Account, in addition to any other remedies that we may have. In certain circumstances, we may also report that misuse to applicable authorities.

You may not assign or transfer your Account credentials or rights or delegate your obligations under the Account without our prior written consent.

You must notify us immediately of any unauthorized Account use or of any other breach of security and in such events you must change your password immediately via the settings in the Site or contact our technical support.

If you wish to either change your username or password or cancel and remove your Account, please send us an e-mail to: [email protected] .

We respect your privacy and are committed to protecting the information that you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access, or use the Site and/or the Products and Services.

Our policy and practices and the type of information collected are described in detail in our Privacy Policy, which may be accessed at: https://www.GreenClick.cloud/ .which is incorporated herein by reference and is an integral component of these Terms. If you intend to connect to, access or use the Site and/or the Products and Services you must first read and agree to the Privacy Policy.

The Site, the Products and Services, the Content and the Company’s proprietary assets and any intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by the Company or licensed to the Company by third parties and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.

All rights not expressly granted to you hereunder are reserved by the Company and its licensors. You agree not to contest any of the Company's or its affiliates' rights to the Site, Content, or Products and Services. In addition, you agree to reasonably cooperate with Company to protect these rights including, without limitation, by executing documentation evidencing Company’s ownership thereof.

Additionally, you agree to notify the Company promptly of any known or suspected infringements upon such rights. To the extent that such rights do not automatically vest in the Company, you hereby assign and agree to assign to the Company all rights, title, and interest in and to such Content or Services.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

“GreenClick” GreenClick™, GreenClick’s marks and logos and all other proprietary identifiers used by the Company in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Services belong to their respective owners (“ Third Party Marks ”).

In addition to any terms and conditions related to our Intellectual Property rights generally, no right, license, or interest to the Company Trademarks and the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third-Party Marks and therefore you will avoid using any of those marks.

Certain links provided on our Site or in the Content permit users to leave this Site and access the websites or services of third parties. Those linked websites and services are provided solely as a convenience to you and are not an endorsement.

These third-party links or websites are not under our control or that of any of our affiliates, and neither we nor they are responsible for the availability or content, advertising, products, or other information on or available from such linked sites and services or any link contained in linked sites or service.

Your access to, use of, and reliance upon any such sites, services, and content and your dealings with such third parties are at your sole risk and expense. GreenClick reserves the right to terminate any link at any time.

Most of such linked sites and services post terms and conditions, including terms of use and privacy policy, governing the use thereof (“ Third-Party Terms”). We encourage you to read such Third-Party Terms carefully before using accessing them.

Your use of the Site, Content, or the Products and Services is subject to GreenClick’s standard acceptable usage policy (“AUP“), as in effect and available at: https://www.GreenClick.cloud/  and subject to all changes, modifications, and replacements as GreenClick may affect from time to time.

You undertake to comply with all the provisions of the AUP and any other documentation and agreements provided by GreenClick that may define the parameters of your acceptable use of the Products and Services.

The Site, Contents, or Products and Services may use or include third-party software, files, and components that are subject to open source and third-party license terms (“ Third Party Components“).

Your right to use such Third-Party Components as part of, or in connection with, the Products and Services is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components, contained therein or related thereto.

These Terms do not apply to any Third-Party Components accompanying or contained in the Site and/or the Products and Services and GreenClick disclaims all liability related thereto.

You acknowledge that GreenClick is not the author, owner or licensor of any Third-Party Components, and that GreenClick makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components.

The Products and Services’ availability and functionality depend on various factors, and such are subject to GreenClick’s Service Level Agreement (“ SLA“) available at: https://www.GreenClick.cloud/  as such may be changed or modified by GreenClick from time to time.

GreenClick does not warrant or guarantee that the Products and Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free, all subject and pursuant to the SLA.

GREENCLICK HAS THE EXCLUSIVE RIGHT TO AMEND, ALTER, MODIFY, CORRECT, IMPROVE, MAKE ANY CHANGES, REPLACE, SUSPEND, DISCONTINUE, TEMPORARILY OR PERMANENTLY, FROM TIME TO TIME, IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SITE AND/OR THE PRODUCTS AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT GUARANTEES ON OPERATION, NON-INFRINGEMENT, OR CONTENT. YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK.

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THAT THE SITE, PRODUCTS AND SERVICES, OR CONTENT WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (C) THAT YOUR USE OF THE SITE OR THE PRODUCTS AND SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; OR (D) THAT ANY ERRORS OR DEFECTS ON THE SITE OR CONTENTS WILL BE CORRECTED OR BE ACCURATE.

WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY BANNER OR OTHER ADVERTISING. WE WILL NOT MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN PURCHASING THROUGH ANY MEDIUM.

Some jurisdictions do not allow certain exclusions or limitations, so some of these may not apply to you.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL GREENCLICK, INCLUDING GREENCLICK’S AND ITS AFFILIATES’, OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR:

IN NO EVENT SHALL GREENCLICK’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS AND THE SLA EXCEED THE LOWER OF:

CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES FOR THE CUSTOMER’S NEEDS AND GREENCLICK SHALL HAVE NO LIABILITY BASED ON SUCH SELECTION.

NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST GREENCLICK MORE THAN ONE (1) YEAR FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN AND SUBJECT TO THE SLA, GREENCLICK SHALL NEITHER COMPENSATE THE CUSTOMER NOR BECOME LIABLE TO THE CUSTOMER IN ANY CASE OF WHICH, INCLUDING, WITHOUT LIMITATION (A) INSUFFICIENT HARD DISK SPACE ON THE SERVERS; (B) FIREWALL MALFUNCTIONS; AND (C) DENIAL-OF-SERVICE ATTACK (DOS ATTACK) OR DISTRIBUTED DENIAL-OF-SERVICE ATTACK (DDOS ATTACK).

CUSTOMER WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM GREENCLICK’S OR ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Any backups to Customer’s data are not, and cannot be, guaranteed by GreenClick. GreenClick explicitly encourages the Customer(s) to run on their own or by third parties which are not GreenClick, periodic backups of their data. To remove any doubt, as a Customer, you are responsible for backing up your data on your own or any other off-site location.

Customer undertakes to maintain, at its sole expense throughout the duration of the agreement all required insurances for possible damages, including insurance for data loss, cybersecurity insurance, and third-party insurance.

You agree to defend, indemnify, and hold harmless GreenClick and GreenClick representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (a) your use, misuse of, inability to use and/or activities in connection with the Site and/or the Account and/or the Products and Services and/or Content; (b) your violation of any of these Terms, the SLA, AUP and/or any applicable law; (c) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Products and Services; and (d) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Account and/or the Products and Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.

The Company may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, including, without limitation, the AUP, SLA and Privacy Policy, so please re-visit this page frequently.

In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change.

Such material changes will take effect 48 hours after such notice was provided on our Site and/or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site and/or the Products and Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

If the Terms, AUP, SLA and/or Privacy Policy should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

These Terms shall remain in effect until terminated as set forth herein.

The term detailed in either of the Order Form and/or the sign-up and registration page within the Site (the “Term“) is deemed to have commenced as of the date of Customer’s registration and shall terminate upon a 30 day advance written notice by either party (the “ Notice Period“). Customer agrees and confirms that notwithstanding the above, termination by Customer is not applicable during a monthly billing cycle but rather such termination by the Customer shall come into effect by the end of the applicable monthly billing cycle.

Notwithstanding the above, GreenClick shall have the right, at its sole and absolute discretion, to immediately terminate the Products and Services and/or any engagement with the Customer upon any breach of the Customer of these Terms and/or the Privacy Policy and/or the SLA and/or the AUP and/or applicable law.

Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, GreenClick may, at any times, at its sole and absolute discretion, cease to operate or provide Products and Services or any part thereof, temporarily, or permanently.

You agree and acknowledge that Company shall not be responsible with respect to, or in connection with the termination of the Site’s and/or Account’s and/or Products and Services’ operation and loss of any data.

We will use reasonable efforts to provide you with notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account and/or the Products and Services. If we determine, in our sole discretion, that the reason for the suspension of access to your Account has been resolved, we will restore access to your Account.

If you have any questions (or comments) or clarifications concerning the Terms and/or the Products and Services, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: [email protected] .