Terms of Service (TOS)

Acceptance of Terms for Products and Services ("Services")

The services are provided by Appiyo Technologies Pte Ltd, 143, Cecil Street, 16-04, GB Building, Singapore 069542 (The Company)

MeOnCloud is a messaging Service(www.meoncloud.com) between enterprises in any business (Enterprise Users/Members) and customers of the enterprises (Mobile Subscribers).

By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOS, you shall not use the Service. The Company may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any amendment/ revision to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

Description of Services

The "Services" includes (a) the Site, and all the products/services made available via the Site and associated systems, and (b) all software, data, text, images, sounds, video, and content made available through the Site or Services, collectively referred to as the "Content" and (c) the mobile application of meoncloud downloadable on various mobile OS. Any new features added to or augmenting the Service is also subject to this TOS.

General Conditions/Access and Use of the Service

Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement and in full compliance with the laws and regulations that are applicable. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components, or (d) use the Service in any manner as to infringe or violate any rights, including intellectual property rights of any third party. Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components, including all platforms, tools, and systems provided on the Site and any modification or improvement thereto shall belong exclusively to and remain the property of The Company. You shall not modify, adapt or hack the Service or its components or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall not falsely claim or imply any sponsorship or association with The Company. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that your login may only be used by one (1) person. You may create separate logins for as many people as your plan allows. However a single login shared by multiple users is not permitted. The Company reserves the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data third parties except where compelled by law or if permitted by you. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to The Company's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. The Company will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.

Mobile Subscriber

These Terms of Service apply to all mobile subscribers of MeOnCloud Service.

  1. Information is provided by our enterprise members on MeOnCloud to their mobile subscribers on MeOnCloud through the MeOnCloud service. It may contain links to third party websites that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Company will not and cannot censor or edit the content of any third-party site or enterprise. By using the Service, you expressly acknowledge and agree that The Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or enterprise to which you have subscribed.
  2. You acknowledge that your subscriptions to enterprise members on MeOnCloud are based solely on your preference. By subscribing to the enterprises you consent to share your mobile number with them, with the express intention of receiving notification messages from those enterprises. You acknowledge that The Company is only an intermediary rendering messaging service through MeOnCloud between the enterprise members and you the subscriber, and that The Company by itself is not sharing your mobile number with any enterprise members or other mobile subscribers using the MeOnCloud service.
  3. By agreeing to the terms of service you explicitly acknowledge that The Company will use your mobile numbers to notify you about upgrades, maintenance, change in terms of use and any other exceptional notifications of importance which will be relevant to all MeOnCloud mobile subscribers.
  4. Mobile subscribers shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense which may include any roaming charges levied by the users' telecom service provider.
  5. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
  6. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
  7. The Company does not endorse or guarantee the quality, functionality or any other trait or aspect of any product or service offered on the Site and does not accept any liability whatsoever in relation to any transactions on the Site. You shall be transacting at your own risk and are advised to act with due diligence in all such matters.
  8. The Company may change its pricing terms any time and you will be notified following which you can exercise your options to continue your subscription or opt out.
  9. Enterprise User

    These Terms of Service apply to all enterprise users of MeOnCloud Service.

  10. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of enterprise members or any of their third party websites. In addition, The Company will not and cannot censor or edit the content of any third-party site or enterprise. By using the Service, you expressly acknowledge and agree that The Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or internal APIs.
  11. Enterprise users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense which may include any roaming charges levied by the users' telecom service provider.
  12. Enterprises shall strictly maintain the privacy of all mobile numbers and any other subscriber details made available to them through the meoncloud service and shall not distribute or disclose such numbers to others for commercial gains. Enterprises shall ensure that mobile numbers of subscribers who subscribe to their respective services are strictly used for communications between the enterprise and the mobile subscriber subscribed to their specific service(s).
  13. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
  14. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
  15. The Company may change its pricing terms any time and you will be notified following which you can exercise your options to continue your subscription or opt out from the following subscription period
  16. You agree not to use the service for propagation of any political, anti-religious, military, adult, violent, discriminatory, derogatory, defamatory, terror, spam and any malicious and anti-social content that can disrupt services, cause disturbance and hinder public order or customs. You shall not engage in activities that violate law, court verdicts, resolutions or orders or administrative measures which are legally binding and in activities for the purpose of sexual and obscene conducts and any other inappropriate behavior as deemed by the company. The Company will take immediate and necessary action which will include termination of membership, subscription and appropriate legal action against alleged violators.
  17. Appiyo Technologies Pte Ltd, the parent organization for MeOnCloud will not take any responsibility for any disputes arising out of use of the pay button. The obligation to resolve disputes will be the sole responsibility of the enterprise/organization using this capability within their messages and the payment gateway provider.
Payment

Payments on the site are made through Payment Gateways and such payments and all matters connected therewith shall be subject exclusively to the policies, including terms of use of and privacy policies of such payment gateways as found in their respective sites, and not The Company's Terms or Policies. You should make payment only if you trust the payment gateway concerned. Please note that The Company shall not be in any way responsible or liable for any lapse, issue or deficiency or defect in connection with such payment or connected matters. If you visit any linked sites, the use of such sites would be governed by the policies of such respective sites, including terms of use and privacy policies, and The Company is in no way responsible or liable for any lapse, issue or deficiency or defect in relation to such sites.

Appiyo Technologies Pte Ltd, the parent organization for MeOnCloud will not take any responsibility for any disputes arising out of use of the pay button. The obligation to resolve disputes will be the sole responsibility of the enterprise/organization using this capability within their messages and the payment gateway provider.

Cancellation and Refund Policy

In the event that any amount whose refund is sought, is equal to or less than the bank transaction charges, no refund would be made. There would be no refund if information/content posted by you is removed due to violation of the terms of this Agreement, or due to any maliciousness of the content or intent, or pursuant to any court order or order of any statutory or other authority or any legal requirement. Refund would be made in the same currency, in which payment is made. The failure of The Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right and it governs your use of the service and takes the place of prior agreements between you and The Company, if any.

Cancellation and Termination

You are responsible for cancelling your account by sending a request to unsubscribe_moc@appiyo.com We will then contact Your account administrator and require a confirmation by replying to our email. There are no other means of canceling your account. You will lose access to all of your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again. You will only be charged for the existing usage fees of your account, if any. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, if The Company believes that You have violated these TOS or conducted for other reasonable cause. The Company will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, inappropriate, unethical or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.

Trademarks

MeOnCloud and various logos used or displayed on the Service are trademarks of The Company and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the MeOnCloud products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings, or falsely claim any sponsorship or association with MeOnCloud.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL The Company BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, The Company SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some U.S. states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, The Company LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Assignment

The Company may assign or transfer this TOS, in whole or in part, without restriction.

Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

Forward-Looking Statements

Some of the information contained on the Site may contain projections or other forward-looking, which include but not limited to statements regarding The Company future financial performance. These forward-looking statements are subject to risks and uncertainties, and actual results could differ materially due to several factors, including but not limited to the success of The Company research and development efforts to develop new products and to penetrate new markets, the market acceptance of MeOnCloud's new products and updates, technical risks related to such products and updates, The Company ability to maintain market share for its existing products, the availability of adequate liquidity and other risks and uncertainties. All forward-looking statements are made as of the date hereof and MeOnCloud disclaims any responsibility to update or revise any forward-looking statement provided in the news release.

Governing Law

These TOS shall be governed by the laws of Singapore without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of Singapore relating to your access to or use of the Service.

Waiver

No waiver by The Company of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term, or provision of these terms and conditions at that time or a waiver of that or any other right, term, or provision of these terms and conditions at any other time.

Delivery Policy

Unless otherwise stated, these MeOnCloud Delivery Policies listed below describes the quality of service for the MeOnCloud Cloud Services purchased by you.

Message Encryption for External Connection

MeOnCloud uses SSL encryption for all external connections which uses the internet medium. SSL (Secure Socket Layer) connections are negotiated for at least 128 bit encryption or higher.

Hardware and Network Security

MeOnCloud uses industry standard firewall to secure messages entering our servers. All ports except the essential ones are blocked at the firewall layer. MeOnCloud uses standardized system hardware hardening procedures to prevent any unauthorized programs from running within. This includes restricting protocol access, disabling unnecessary software, providing only authorised user accounts.MeOnCloud uses replication architecture to ensure high availability and fault tolerance to its systems.

Access Control and management

Access to MeOnCloud system is controlled by restricting access to only authorized personnel. Access control includes authentication, authorization and access approval.

Data Protection, security and Backups

MeOnCloud provides data encryption (SSL) technologies to protect data when in transit. Data stored in mobile devices are stored in encrypted fashion. Data stored in the servers are secured by multiple layers of access control. Data storage replication technologies are used in the backend to provide failure proof, consistent and fault tolerant access to data. Automated backup procedures are put in place to provide additional layers of support.

Support and Maintenance

Technical support for MeOnCloud will be available by email. Customers can access/avail support by sending email to support@appiyo.com.In extreme circumstances users will be notified 72 hours in advance in case of planned system downtime. The downtime will not exceed 30 minutes and all efforts will be made to carry out the maintenance in a non-intrusive fashion as MeOnCloud employs replicated architecture. Maintenance and upgrades would be done by carrying out the necessary changes in one set of machines while the other set of machine keep servicing the user.

Piracy Policy

Software piracy is broadly defined as the illegal duplication, use, sale or distribution of copyrighted software. Use of Meoncloud.com is permitted subject to a “license agreement” that specifically states the “terms and condition” under which the software may be used, transferred or distributed. Duplicating Meoncloud.com without a license to do so is note permitted.

General

The Terms of Use constitute the entire and exclusive and final statement of the agreement between you and The Company with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and The Company with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Copyright/Trademark Information

Copyright © 2015 MeOnCloud. All rights reserved.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of The Company or other third parties. You are not permitted to use these Marks without the prior written consent of The Company or such third party which may own the Mark. Section titles in this Web Site Terms are for convenience only and have no legal or contractual effect.

If you have any questions regarding these Terms of Use, please contact here at contact@appiyo.com