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OpenTech Cloud

 

Service Term

Your Service begins upon activation and automatically renews on a monthly basis, until terminated upon notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.

Modifications to this Agreement and to the Services

OpenTech may automatically amend this Agreement at any time by posting a revised Agreement on the OpenTech Website,. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE OPENTECH WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and OpenTech. OpenTech reserves the right to modify or discontinue any of the Services with or without notice to you and OpenTech shall not be liable to you or any third party should OpenTech exercise its right to do so.

By using the OpenTech you are agreeing to be bound by the following terms and conditions.

OpenTech from time to time without notice reserves the right to modify or change the Terms of Use.

OpenTech cannot be responsible for the Content posted on the Service, we however prohibits the conduct listed below. You agree to use the Service at your own risk.

 Account Terms:

  • You must be 13 years or older to use this Service.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. OpenTech cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payments and Refund Terms:

  • A valid credit card payment is required.
  • The Service is non-refundable.

Cancellation and Termination:

  • You are solely responsible for properly canceling your account. Account cancellation requests must be submitted at cancel@opentech.ws
  • All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  • OpenTech for any reason at any time, in its sole discretion, has the right to suspend or terminate accounts and refuse all use of OpenTech services. Such termination of the Service will result in the deactivation or deletion of the Account and it’s Content.
  • OpenTech reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices:

  • OpenTech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at the OpenTech website - www.opentech.ws.
  • OpenTech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • From time to time, OpenTech may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although OpenTech will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Limitation of Liability

YOUR USE OF OPENTECH SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING OPENTECH SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM OPENTECH. YOU AGREE THAT NEITHER OPENTECH NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY OPENTECH SOFTWARE OR SERVICES. NEITHER OPENTECH NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE OPENTECH’S OR ANY SUCH SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES.

YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO OPENTECH SOFTWARE AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF OPENTECH OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF OPENTECH AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OPENTECH SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF OPENTECH SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  • Technical support is only available through Contact Us page.
  • You understand that OpenTech uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • OpenTech does not warrant that:
    • The Service will meet your specific requirements
    • The Service will be uninterrupted, timely, secure, or error-free
    • The results that may be obtained from the use of the Service will be accurate or reliable
    • The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
    • Any errors in the Service will be corrected.
  • You expressly understand and agree that OpenTech shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OpenTech has been advised of the possibility of such damages), resulting from:
    • The use or the inability to use the Service
    • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
    • Unauthorized access to or alteration of your transmissions or data
    • Statements or conduct of any third party on the Service
    • Or any other matter relating to the Service.
  • User understands that any Apps content you post is through your own volition and therefore indemnify and hold harmless OpenTech and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation.
  • The failure of OpenTech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OpenTech and govern your use of the Service, superseding any prior agreements between you and OpenTech (including, but not limited to, any prior versions of the Terms of Service)
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