Terms of Use

INTRODUCTION/ACCEPTANCE

Welcome to the RST Cloud, SIA (“RST Cloud”, “We”, “Our”) log management and analysis services, accessible at rstcloud.net, rstcloud.ru, rst-cloud.com (the “Site”). This Website, all content offered as part thereof, including, but not limited to Data (as defined below), and any other services owned, controlled, or offered by RST Cloud via the Website are collectively referred to herein as the “Services”. Subscribers, account holders, customers, users, and any other party who downloads, accesses, uses, purchases or subscribes to the Services (collectively or individually “you”, "Customer" or a “User”) must do so under these terms of use (“Terms of Use”), which govern your access to and use of the Services and constitute a binding legal agreement between you and RST Cloud. Please note that the term “you” also includes the company that is our customer and on whose behalf you are accepting these Terms of Use.
Before using any of the Services, please read carefully these Terms of Use. By accessing, browsing or using the Services, you acknowledge that you have read, understood and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.

WHO WE ARE

RST Cloud Service is provided by RST Cloud, SIA., an Latvian registered private limited liability company, Registered Company Number 40103878153 which has its registered office at 44-9, Nometņu iela, Rīga, Latvia. We can be contacted at the contact points listed on the “Site”.

MODIFICATION

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use, at any time. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also indicate the “Last Updated Date” at the bottom of these Terms of Use. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, do not use the Services.

PRIVACY

We consider your privacy one of our highest priorities. Please refer to our Privacy Policy for information and notices concerning our collection and use of your personal information.

THE SERVICES

The Service gathers and transfers log data to a cloud based system which is provided by a User of the Service. Customer who successfully subscribes will be given an Account to have its Data visualized, analyzed and stored.

The Service is made available to Customer at graded levels in exchange for accordingly graded fees (such fees, “Subscription Plans”) and Customer may upgrade or downgrade its Service level (see details). Details of each service level and associated charges are provided at the point of purchase and any additional terms or conditions contained on those pages are incorporated into this Agreement by reference.

Additional functionality and services may be offered or provided by RST Cloud from time to time and these will be described on the Site.

ACCOUNT REGISTRATION

Upon registering for the Service, Users will have a username nd password, which is Customer’s and its Users’ responsibility to keep secure and may not be shared with any other party. Customer agrees to immediately notify RST Cloud of any unauthorized use or any other breach of security or breach of this Agreement of which the Customer becomes aware. RST Cloud will not be liable for any loss or damage resulting from Customer’s failure to maintain proper security of its account or for unauthorized access to the Service.

If you register an account, you agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Services.

TRIAL ACCOUNTS

Customers who are provided with a trial RST Cloud Account or who are otherwise provided with any other promotional RST Cloud Service(s) for which they have not paid a Charge acknowledge and agree that such services are provided “as is” and so, to the fullest extent permitted by law, those services are provided without any warranties or representations whatsoever and the Customer agrees to avail of such services entirely at its own risk.

SERVICE AVAILABILITY AND CUSTOMER SUPPORT

The Service is available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which RST Cloud shall endeavor to give at least 8 hours’ notice and which RST Cloud shall schedule to the extent practicable during the weekend hours from 11:00 p.m. Friday to 5:00 a.m. UTC+2h), or (b) any unavailability caused by circumstances beyond RST Cloud’ reasonable control, including without limitation, Internet and telecommunications service provider failures or delays, failures of independent service providers, or denial of service attacks. Customer support is provided through the portal and email channels.

LIMITATIONS OF SERVICES

You acknowledge that RST Cloud may establish limits concerning use of the Services, including the maximum number of users that can connect to monitoring console, the maximum number of days that content will be retained by the Services, the maximum volume of User Data (as defined below) or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available. You agree that RST Cloud has no responsibility or liability for the deletion of or failure to store any User Data or other content maintained or transmitted by the Services.

Customer can upload a certain volume of log data, dependent on the Service Level selected, which is referred to as the “Usage Limit.” Customer can ask support to purge some logs if there is no longer need in it.

An email alert or alternative notification will be provided when Customer is near its Usage Limit. If Customer exceeds its Usage Limit, and at RST Cloud’ sole discretion, such Account may be upgraded and charged for the appropriate subscription plan to cover excessive usage, the Account may be charged the effective price per monthly gigabyte (GB) rate already agreed to for its account for each MB Customer has exceed beyond its Usage Limit, or the Account may be suspended until Customer has purchased the relevant upgrade.

CHARGES AND PAYMENT

The Service is made available to Customer at graded levels in exchange for accordingly graded Charges (such fees, “Charges”) and Customer may upgrade or downgrade the service level by following the instructions on the Site or by contacting RST Cloud support. Fees are non-cancellable and non-refundable during the Term. The price for the Service is located at special page. Company reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Additional Charges may apply for additional services requested by Customer such as customization of any dashboard, increasing of data retention period, configuring Customer web server to meet security requirements or the transfer of data after closing the Account. Customer will be notified of services requiring additional Charges which have not been previously agreed upon before any such additional Charge will be applied.

If Customer fails to pay in a timely manner, RST Cloud shall be entitled, at its sole discretion, to suspend provision of the Software Services temporarily until Customer fulfills its pending obligations or to terminate this Agreement for breach. Unless otherwise stated, all payments made under this Agreement shall be in Euro.

TERM AND TERMINATION

You agree that RST Cloud, in its sole discretion, has the right to delete or deactivate your Account, block your e-mail or IP address to prevent you from accessing or using the Services, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, including, without limitation, if you breach any of these Terms of Use. RST CLoud shall not be liable to you or any third-party for any termination of your access to the Services. You agree not to attempt to use the Services after any such termination. In the event RST CLoud terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder.

The subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process (“Subscription Term”). The Subscription and Agreement will automatically renew at the published rates on a monthly, annual or otherwise mutually agreed upon period of time, unless one party notifies the other party in writing of its intent not to renew at least thirty (30) days in advance of the expiration of the Subscription Term for annual or custom agreements and at least ten (10) days advance notice for monthly agreements.

Customer may terminate the Service at any time, however, fees are non-refundable. Customer shall provide notice of termination of the Service to RST Cloud support by email.

INTELLECTUAL PROPERTY

Subject to this Agreement, RST Cloud grants Customer a non-exclusive, revocable, non-transferable, limited right to access and use the Service and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

Customer own their own log data and grants RST Cloud a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license: (a) to process and use their log data for the purposes of delivering the Service to Customer; (b) to use, copy, create derivative works of, adapt, modify, and exploit log data internally within RST Cloud for the purposes of improving, developing and marketing the Service; and (c) to disclose anonymized and/or aggregated versions of log data to third parties in connection with the development, improvement and marketing of the Service, provided that such anonymized or aggregated log data shall not identify Customer. This license continues after the termination of this Agreement. RST Cloud’ rights under the license in this Section may be exercised by RST Cloud’ officers and employees and by contractors engaged to provide services to RST Cloud.

All materials incorporated in or accessible through the Site or the Service, including, without limitation, text, photographs, images, graphics, illustrations, trademarks, service marks, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site and the Service), are protected by applicable national and international trademark and copyright laws, and are owned, controlled or licensed by RST Cloud, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the products offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

Where any software is supplied by us for use by Customer on its computer(s), RST Cloud grants Customer a limited, personal, non-exclusive, non-transferable license to install and use the software for use solely for the purpose of enabling you to use the Service in the manner permitted by this Agreement and for no other purpose whatsoever. Customer may not copy, modify, distribute, sell, or lease any part of the Services or any software supplied in connection with the Services, nor may Customer reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. To the extent that the Customer is provided with access to open source software in the course of receiving or using the Service, Customer shall be responsible for complying with the open source license associated with that open source software. Except as expressly set forth herein, RST Cloud alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or the Software, which are hereby assigned by You. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement.

USER RESTRICTIONS

You may only access and use the Services solely for your internal business purposes. You will not: (i) sell, resell, rent or lease the Services; (ii) reverse engineer the Services; (iii) attempt to modify the Services; or (iv) use the Services to store any User Data (as defined below) or any information that is unlawful. You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes. You will not interfere with or disrupt the Services or attempt to gain access to any related systems or networks to which access is restricted.

WARRANTY DISCLAIMERS

YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RST CLOUD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RST CLOUD SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE RST CLOUD SITE.

RST Cloud warrants to you that the Services will provide the functionality specified in its then-current technical documentation for the Services, which documentation is available on the Site or by contacting RST Cloud support services. In the event that the Services fail to conform to the foregoing warranty, as your sole and exclusive remedy and RST Cloud’s sole and exclusive liability for any breach of such warranty, we will modify the Services to correct the non-conformity. RST CLOUD DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RST CLOUD OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. FOR EXAMPLE, USERS MAY PARTICIPATE IN A USER-TO-USER FORUM. YOU UNDERSTAND THAT RST CLOUD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES RST CLOUD MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. RST CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. You should not provide your financial information (for example, your credit card or bank account information) to other Users.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL RST CLOUD OR ITS AFFILIATED ENTITIES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE SERVICES OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH ANY SUCH LIABILITY IS BASED; AND (II) THE ENTIRE AGGREGATE LIABILITY OF RST CLOUD AND ITS AFFILIATED ENTITIES AND THE SOLE REMEDY AVAILABLE TO THE CLIENT IN ANY CASE IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE SERVICES OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT AND MONETARY DAMAGES THAT IN THE AGGREGATE MAY NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAYABLE OR PAID TO RST CLOUD BY CLIENT UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO ITS TERMINATION.

Last Updated: June 30, 2015