Terms of service

1. Introduction and Acceptance

This agreement (“Agreement”) is established between BrawCloud (“we”, “us”, “our”) and you or your company (“you”, “your”, “user”, “client”, “customer”) upon your acceptance of these terms and conditions. This Agreement becomes effective when you sign the electronic agreement (Eagreement) and commence using our services. It governs the general terms and conditions related to the sites, products, and services purchased, used, or accessed through our site. In certain instances, specific services may require a separate Service Agreement and additional policies. In such cases, these additional terms will supplement and form part of this Agreement. This Agreement is valid for the duration of your use of our services. It is structured to be applicable exclusively to the parties involved, with no provisions intended to benefit thirdparty entities or individuals.

2. Eligibility, Authority & Account

2.1. Eligibility to Use the Site and Services:

This website and the services offered herein are accessible solely to users who possess the legal capacity to enter into binding contracts as per applicable laws. By utilizing this site or our services, you affirm and guarantee that you:

2.2. Corporate Representation:

If you are entering into this Agreement on behalf of a corporation or other legal entity, you assert and guarantee that you hold the legal authority to bind such entity to the terms and conditions of this Agreement. In such circumstances, references to “you”, “your”, “User”, or “customer” within this Agreement will apply to the entity represented by you. Should it be determined after your electronic acceptance of this Agreement that you lack the necessary legal authority to bind such an entity, you will be personally accountable for fulfilling the obligations under this Agreement, including, but not limited to, financial responsibilities.

2.3. Responsibility for Acts of Third Parties:

BrawCloud is not responsible for any losses or damages arising from its reliance on any instructions, notices, documents, or communications that BrawCloud reasonably believes to be authentic and originating from an authorized representative of your entity. In cases of uncertainty regarding the authenticity of any such instructions or communications, BrawCloud reserves the right (but is not obligated) to request additional verification from you. You also agree to be bound by the terms of this Agreement for transactions made by yourself, your agents, or anyone using your account or the services, whether authorized by you or not.

2.4. Account Registration and Information Provision

To utilize the Services and access certain functionalities of the Websites, you are required to create an account (“Account”). During the registration process for your Account, it is mandatory to furnish us with certain personal information such as your name, email address, and a valid payment method. Additionally, you may choose to provide supplementary information on a voluntary basis. The collection, usage, and disclosure of your Account information are governed by our Privacy Policy and Data Processing Agreement.

2.5. Service Provision and Account Management

We retain the exclusive right, at our sole discretion, to decide whether to offer or continue offering the Websites and Services to any individual or entity, and to modify the criteria for eligibility at any time. This includes instances where there is a failure to adhere to the Terms of Service (TOS). Furthermore, we reserve the authority to deactivate, terminate, restrict access to, suspend services for, and/or delete any Accounts or access to the Websites and Services at any point, according to our sole judgement.

3. Additional Agreements and Policies

In addition to this agreement, BrawCloud provides several key documents that govern the use and management of data and services:

Data Processing Agreement:

This agreement details the terms and conditions under which BrawCloud processes data on behalf of our customers through our services. It is designed to ensure compliance with data protection regulations and outlines responsibilities regarding data handling, security, and privacy.

Acceptable Use Policy (AUP):

The AUP is a crucial document that defines the permissible and prohibited uses of our services. This policy is in place to maintain the integrity and reliability of our services and to ensure that all customers use our resources responsibly. It covers various aspects, including but not limited to, restrictions on illegal activities, spam, and misuse of services.

Privacy Policy:

Our Privacy Policy provides transparency about how we collect, use, and protect personal information. This policy is an integral part of our commitment to safeguarding our customers’ privacy and ensuring that their personal data is handled with the utmost care and in compliance with applicable privacy laws. These documents are essential for a clear understanding of the terms under which our services are offered and used. We encourage all our customers to review these policies thoroughly to ensure a harmonious and compliant use of our services.

4. Description of Services

4.1. BrawCloud, a premier cloud hosting service provider, offers an array of hosting services to its customers. These services are provided under the terms and conditions set forth in this Agreement. Our comprehensive suite of cloud hosting solutions includes Dedicated Server and Virtual Server hosting including Addon services as describes on our Website BrawCloud.com

5. Services Content

5.1. Services Content Provision

Our Services allow you to provide us with various types of content such as source code, files, software, processes, interfaces, data, text, settings, media, or other relevant information for storage, hosting, or processing by the Services (referred to as “Services Content”).

5.2. Licensing of Services Content

By submitting your Services Content to or through the Services, you grant BrawCloud a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content. This is solely for the purpose of providing the Services to you, subject to this Terms of Service (TOS).

5.3. Ownership Rights

As between you and BrawCloud, you maintain any copyrights and ownership rights you may have in your Services Content.

5.4. Responsibility for End Users

Certain Services allow third parties to access, use, or contribute to your Services Content. These parties are defined as your “End Users” for the purposes of this TOS. You are responsible for ensuring your End Users’ compliance with this TOS.

5.5. Your Responsibilities and Warranties

You bear sole responsibility for your Services Content and the activities of your End Users. By using our Services to provide your Services Content, you confirm that:

The content and its use by you or your End Users will not violate this TOS or any applicable laws, regulations, rules, or third-party rights.
You are solely responsible for managing and moderating your Services Content, including content contributed by End Users.
Your Services Content and its use will not infringe upon any third party’s rights, including intellectual property, privacy, or publicity rights.
Apart from the specific Services under this TOS or another explicit agreement, the technical operation of your Services Content, including for your End Users, is your responsibility.

5.6. Security and Backup

You are responsible for configuring the Services properly and taking steps to secure and back up your Services Content. BrawCloud does not guarantee to maintain backups of your Services Content. You are solely responsible for preserving and backing up your Services Content, regardless of any backup features provided by BrawCloud.

5.7. Data Storage and Transfer

When purchasing Services, you may choose the geographic region and jurisdiction for storing your Services Content. You consent to the storage and transfer of your Services Content to the selected region and jurisdiction. BrawCloud reserves the right to store and transfer your Services Content to other regions or jurisdictions at its discretion. You warrant that such storage and transfer comply with applicable laws and regulations.

6. Rules of Conduct

6.1 Compliance with Laws and Regulations

You agree to use BrawCloud Services in compliance with all applicable laws, regulations, and policies. This includes, but is not limited to, laws related to data privacy, intellectual property, and cybersecurity. By accessing the Services, you agree to comply with these laws and regulations, as well as our Acceptable Use Policy (AUP).

6.2 Prohibited Activities

The following activities are strictly prohibited when using our Services:

Illegal or fraudulent activities.
Infringing on the intellectual property rights of others.
Distributing harmful or malicious software.
Engaging in activities that compromise the security or integrity of our services or any other systems.
Spamming, phishing, or conducting any form of harassment.

6.3 Responsibility for Content

You are solely responsible for the content you transmit or store through our Services. BrawCloud assumes no responsibility for monitoring or policing the content, but reserves the right to remove or restrict access to any content that violates these rules of conduct.

6.4 Reporting Misuse

If you encounter any misuse of our Services or violations of these rules, please report them immediately to [BrawCloud Contact Information].

6.5 Compliance with Trade and Economic Sanctions

The Services provided by BrawCloud are subject to trade and economic sanctions maintained by the Unites States Office of Foreign Assets Control (“OFAC”) and applicable UAE laws. By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not:

Located in any country that is subject to Unites States OFAC’s trade and economic sanctions, which currently include Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine. An individual or entity included on any U.S. lists of prohibited parties, including the United States Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and United States Sectoral Sanctions List (“SSI List”). Additionally, you agree not to directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any service received from irtarix in violation of these laws and regulations. Non-compliance may result in the suspension or termination of your Account.

6.6 Adherence to Export and Import Control Laws

You agree to adhere to all applicable export and import control laws and regulations in your use of the Services. In particular, you will not use the Services to export or re-export data or software without all required United States and foreign government licenses.

6.7 Responsibility for International Access and Use

You assume full legal responsibility for any access to and use of the Services from outside the United Arab Emirates, acknowledging that such access or use may involve the export of technology and technical data that could implicate export regulations and/or require an export license.

6.8 Consequences of Violation

Violations of these rules may result in suspension or termination of your access to our Services, legal action, or both. BrawCloud reserves the right to cooperate with law enforcement authorities in investigating suspected legal violations.

7.Payment and Billing

7.1 Payment Methods

For processing your payments, we engage external payment processing services (“Payment Processors”) to bill your payment account(s) associated with your Account (“Billing Information”). The processing of your payments will adhere not only to this Terms of Service (TOS) but also to the terms, conditions, and policies of the Payment Processors. Please note that we are not liable for the actions or inactions of these Payment Processors. By using our Services, you consent to pay us the agreed amounts for the selected Services at the prices set forth in our pricing and billing policies You hereby authorize us and any relevant Payment Processors to charge service fees, including all applicable taxes, to the payment method(s) specified or linked to your Account (“Payment Method”).

7.2 Payment information

It is imperative that you supply and maintain up-to-date, complete, and accurate information for both your Account and Billing Information. In the case of any changes, such as a new billing address, an update in your credit card number, or a change in the expiration date of your credit card, you are obligated to promptly update this information. Additionally, if your payment method becomes invalid or is cancelled for any reason, including loss or theft, you are required to immediately inform us or our Payment Processors of such developments.

7.3 Automatic service renewal

Upon the conclusion of the contract term, the contract will automatically be renewed at the prevailing, standard rate for the same duration as the original contract, and this will continue indefinitely until cancellation.

BrawCloud will automatically renew the relevant service upon its renewal date and will process the payment using the payment method linked to your account. If you prefer to opt-out of the automatic renewal for any service, you have the option to cancel that specific service. In such cases, your Services will cease at the end of the current term, unless you choose to manually cancel the service prior to the renewal date. To avoid automatic renewals, any Services must be cancelled before their respective renewal dates. The renewal process is initiated at midnight on the renewal date.

8. Third Party Services

8.1. Utilization of Third-Party Services

In delivering our services, BrawCloud may use or offer access to services, products, or applications developed and maintained by third-party service providers (“Third Party Services”). These Third Party Services might include, but are not limited to, additional hosting platforms, software applications, and integration tools.

8.2. No Endorsement or Responsibility

BrawCloud does not endorse any such Third Party Services and expressly disclaims any responsibility for the functionality, content, suitability, legality, reliability, or performance of these Third Party Services. Any use of Third Party Services is solely at your own risk and discretion. It is your responsibility to familiarize yourself with the terms and conditions and privacy policies of these Third Party Services.

8.3. Integration and Access

While we may facilitate access to or integration with Third Party Services, such access or integration does not imply any partnership, sponsorship, or affiliation between BrawCloud and the third-party providers. We do not guarantee the continued availability of such integration, and it may be discontinued or subject to change without notice.

8.4. Data and Interaction

Any interactions or data shared between you and Third Party Services are strictly between you and the respective third party. BrawCloud is not responsible for any loss, damage, or other issues arising from your use of Third Party Services.

8.5. Changes and Updates

BrawCloud reserves the right, at its sole discretion, to modify, replace, or discontinue the availability of Third Party Services within our offerings at any time.

9. Service Suspension

BrawCloud reserves the right to temporarily halt its Services for purposes such as repair, maintenance, upgrading, modification, replacement, or enhancement. Whenever possible, BrawCloud will endeavor to provide advance notice to Customers before any service suspension. Despite these efforts, BrawCloud assumes no liability for any loss or damage that may occur due to the temporary unavailability of the Services.

10. Termination

10.1. Rights of Termination

Both parties are entitled to terminate this Agreement under certain conditions as follows:

10.1.1. Termination Initiated by You:

You may choose to end your services with us by providing a notice period of one calendar month. This termination can be executed through the BrawCloud Control Panel. Upon processing your termination request, a confirmation email will be sent to you.

10.1.2. Termination Initiated by Us:

We reserve the right to end your services by giving a five-day written notice, except in instances of breach. In cases of breach, we have the authority to either suspend your access to our services or terminate this Agreement immediately, without prior notification. Such termination does not negate any other rights held by BrawCloud.

Immediate suspension or termination may occur under the following circumstances:

Non-payment for services within the designated time frame.
Involvement in illegal or unauthorized activities through our services.
Your website causing significant disruption to the performance, stability, or security of our hosting infrastructure.
Notification of your provisional or final liquidation, sequestration, or placement under judicial management.

10.2. Consequences of Termination

10.2.1. During the Notice Period:

You remain responsible for all service fees and costs, including those incurred by third parties. All terms and conditions of this Agreement remain enforceable until fully satisfied.

10.2.2. Immediate Payment Obligations:

We will request the immediate settlement of all outstanding charges due to us.

10.2.3. Retention and Recovery of Fees:

We may retain any Service Fees already paid and recover our associated costs, including legal fees on an attorney and client scale, for which you will be responsible.

10.3. Return of BrawCloud Property:

Should you possess any of BrawCloud hardware or software due to the use of our Service, you are required to return it immediately upon termination.

10.4. Reactivation Fee

A reactivation fee will be applied to restore your services if they were terminated due to non-payment. This fee is in addition to any outstanding amounts owed.

10.5.Consent to Terms

By agreeing to our Terms of Service, you expressly agree to the terms outlined above.

11. Security

11.1. Responsibility for Customer Data:

Your Customer Data is personal and confidential to you. You are responsible for any loss or damage suffered by you or third parties as a result of your actions, or the actions of someone to whom you have disclosed your Customer Data.

11.2. Instruction Authorization:

We will act on instructions received from or believed to be sent by you. If fraud is perpetrated by a third party, we will still act on these instructions unless we receive notification from you prior to acting on a fraudulent instruction, as detailed in clause 9.4.

11.3. Response to Security Breaches:

Should we have reasonable grounds to believe that there has been a security breach related to your account, we will investigate the matter. This may involve altering relevant Customer Data, such as access codes and passwords, and we will inform you immediately of these changes.

11.4. Reporting Unauthorized Access:

In the event of unauthorized access to your Customer Data, you must inform us immediately by following the procedures for reporting misuse as outlined in Reporting Abuse – BrawCloud. Your full cooperation is required in any subsequent investigation.

11.5. Indemnification:

You agree to indemnify us against any claims arising from:

11.6. Maintaining Security:

We reserve the right to take any necessary actions to maintain the security and consistent operation of our infrastructure. You are prohibited from engaging in or allowing any activity that could compromise our security.

11.7. Disaster Recovery:

Our infrastructure includes systems designed for recovery from natural or human-made disasters. However, we do not guarantee any specific recovery times and are not liable for any loss or damage resulting from such disasters. You are responsible for backing up your data. Our Agreement should not be interpreted as a guarantee that our data backup procedures will be successful or will aid in disaster recovery.

11.8. Obligation for Software and Security Updates

11.8.1. Updates:

You are responsible for regularly updating the software and applying security patches related to your use of our services. This includes, but is not limited to, ensuring that your systems and applications are up-to-date with the latest versions and security measures to protect against vulnerabilities.

11.8.2. Update Compliance:

Failure to maintain current software and security patches may expose your account and data to increased risks of unauthorized access, data breaches, and other security incidents.

You acknowledge that neglecting software updates and security patches can have severe consequences, not only for your data and systems but potentially for the broader network and other customers.

11.8.3. Support and Assistance:

While we may provide notifications or recommendations regarding critical updates or security patches, the ultimate responsibility for implementing these updates rests with you.

If you require assistance with software updates or security patch implementation, please consult our support resources or contact our support team for guidance.

11.8.4. Liability for Outdated Software:

You agree that we are not liable for any loss, damage, or compromise to your data or systems resulting from outdated or unpatched software.

Maintaining updated software and security patches is a crucial aspect of safeguarding your data and ensuring the integrity and performance of our services.

By adhering to regular software and security updates, you contribute significantly to the protection of your digital assets and the overall security of the digital environment.

12. No Warranty

12.1. Disclaimer of Warranties

The services provided by BrawCloud are offered “as is” and “as available” without any warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BrawCloud disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BrawCloud does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the services available are free of viruses or other harmful components. BrawCloud does not warrant or make any representations regarding the use or the results of the use of the services in terms of their correctness, accuracy, reliability, or otherwise.

12.2. No Oral or Written Information

Any oral or written information or advice given by [Your Company Name] or its authorized representatives shall not create a warranty nor in any way increase the scope of this warranty.

12.3. Acknowledgement

By using BrawCloud services, you acknowledge that this use is at your sole risk. You further acknowledge that you have read this disclaimer and agree to its terms.

13. Exclusion and Limitation of Liability

13.1. Limitation of Liability

In no event shall BrawCloud, its officers, directors, employees, partners, or suppliers be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13.2. Maximum Liability

BrawCloud total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of (i) three months of your base hosting fee, or (ii) USD 1000.00.

13.3. Basis of the Bargain

The limitations of damages set forth above are fundamental elements of the basis of the bargain between BrawCloud and you. BrawCloud would not be able to provide the services on an economic basis without such limitations.

14. Indemnification

14.1. Agreement to Indemnify

You agree to indemnify, defend, and hold harmless BrawCloud, its affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

14.2. Scope of Indemnification

Indemnification includes, but is not limited to, liability or expense arising from claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, BrawCloud will provide you with written notice of such claim, suit, or action.

14.3. Your Cooperation

You shall cooperate as fully as reasonably required in the defense of any such claim. BrawCloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

15. Force Majeure

BrawCloud shall not be held accountable for any failure to fulfill the terms of our Agreement when such failure is due to events beyond our reasonable control. This includes, but is not limited to, natural disasters (like fires, earthquakes, and floods), civil unrest or strikes, adherence to governmental directives, and disruptions in essential services such as electricity supply and electronic communications that are not within our control.

16. Updates and Modifications

BrawCloud reserves the right to revise, modify, or update this Terms of Service (TOS) at any time and at BrawCloud sole discretion. In the event of such changes, BrawCloud may notify you, for instance, by sending an email to the email address associated with your Account, and/or by updating the “Last Updated” date at the top of this TOS.

These modifications will become effective on the date specified in the provided notice. By continuing to access or use our Websites or Services after this specified date, or following the updates to the TOS, you agree to be bound by the revised TOS and all terms included therein.

If you do not agree to the updated TOS, your only recourse is to deactivate your Account and cease using the Websites and Services. Your continued use of the Websites or Services after the effective date of such changes will constitute your acceptance of and agreement to be bound by the updated TOS

17. Governing Law

This Agreement and any action related thereto will be governed by the laws of the United Arab Emirates without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the United Arab Emirates, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are using the Services on behalf of a government entity, that entity accepts these terms.

18. Resolving Disputes

18.1. Initiation of Dispute Resolution

A dispute regarding our Agreement, including its interpretation and application, is considered to exist once one party notifies the other in writing, clearly outlining the nature of the dispute and requesting its resolution in accordance with this clause. The parties will first attempt to resolve the dispute informally through communication methods such as email or phone.

18.2. Escalation to Conciliation and Arbitration

Should informal negotiations fail to resolve the dispute, the matter may be escalated to conciliation, where a mutually agreed-upon neutral third party will assist in reaching a resolution. If conciliation is unsuccessful, the dispute may be referred to arbitration. The arbitration process will be in line with the latest rules for expedited arbitrations set by a recognized arbitration institution in the United Arab Emirates. Participation in this process is mandatory, and the arbitration will be conducted in Dubai, in English. Both parties must agree on a single arbitrator. If an agreement on the arbitrator is not reached within 10 business days following the referral, an arbitrator will be appointed by the arbitration institution’s Secretariat.

18.3. Individual Capacity for Claims

Claims between the parties must be brought on an individual basis only. Neither party is permitted to bring a claim as a member of any class or in a representative capacity.

19. Notices

19.1. Sending Notices to BrawCloud

All legal notices, court process documents, or other communications intended for BrawCloud must be sent to our designated address or via email at legal@brawcloud.com.

19.2. Providing Notices to You

For communicating notices to you, we will use the email address that you supplied on the application form at the time of your initial subscription to our Services.

19.4. Receipt of Your Notices

Notices sent to us will be deemed received:

20. Consent to Electronic Communications

By using BrawCloud Services, you agree to receive electronic communications from us, which may include notices about fees, transactions, and other service-related information. These will be sent to your registered email address or through our website.

Your consent covers all types of electronic communications required by us. If you choose not to receive these or fail to maintain a current email address, it may result in the termination of your access to our Services. To change your contact details or withdraw consent, contact support@brawcloud.com

You are responsible for ensuring your email address is accurate and capable of receiving our communications. Non-receipt of communications due to incorrect email details or email filtering will be considered as successful delivery on our part.

21. Entire Agreement

This Agreement, including any terms, conditions, and policies expressly referenced herein, together with the Acceptable Use Policy and any other legal notices published by BrawCloud on its website, constitutes the entire agreement between you and BrawCloud. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BrawCloud with respect to its Services. 13.3 Severability:

If any part of this Agreement is found invalid, the rest remains enforceable.

22. Severability

If any provision of this Agreement is found by a court or other binding authority to be invalid, illegal, or unenforceable, such provision shall be amended to achieve as nearly as possible the same effect as the original provision and the remainder of this Agreement shall remain in full force and effect. This ensures that even if one part of this Agreement is deemed unenforceable or invalid, the rest of the Agreement still holds value and is enforceable.