Tobi Cloud Terms of Use
Effective Date: 14-02-2025
PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INTELTRANSTECH LLC D/B/A TOBI CLOUD AND THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms of Use (“Terms”) constitute a legally binding agreement between you and IntelTransTech LLC d/b/a Tobi Cloud, on behalf of itself, its affiliates, and its subsidiaries (collectively, “Tobi”) and shall govern your access to and use of Tobi’s websites, applications, content, and related services (collectively, the “Tobi Websites”) owned, in the possession of, and/or provided by Tobi as described herein.
By visiting, accessing, and/or using the Tobi Websites, you agree to be bound by these Terms. Tobi reserves the right to modify or terminate the Tobi Websites or your access to and use of the Tobi Websites or any portion thereof at any time and for any reason. You further represent and warrant that you are at least 18 years of age and that you have the right, authority, and capacity to enter into and abide by these Terms. If you accept these Terms on behalf of a company, organization, or other entity, you represent that you have full legal authority to bind your company, organization, or such other entity to these Terms of Use. Access to and use of password protected and/or secure areas of the Tobi Websites is restricted to authorized users only. You may not allow other persons to use your account, and you agree that you are the sole authorized user of your account. Unauthorized individuals attempting to access these areas of the Tobi Websites may be subject to prosecution.
1. The Tobi Websites
The Tobi Websites include the websites, applications, content, and related services of Tobi and its affiliates, including the specific website or application in which these Terms are posted.
2. Intellectual Property
Any content on the Tobi Websites, including but not limited to graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations, and software is the property of Tobi and its affiliates, and is protected by United States and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, or licensing creative derivative works or using any content on the Tobi Websites for personal, commercial, or public purposes.
Tobi acknowledges that you own any content that you upload to the Tobi Websites. However, you understand and agree that Tobi may retain content with personally identifiable information removed (“Aggregated Data”) and that Tobi may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion.
In addition, you agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms will restrict Tobi’s right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you. You grant to Tobi a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the feedback in any form, media, or technology, whether now known or later developed, and to allow others to do the same.
3. Modification of the Terms
Tobi may amend these Terms from time to time at its sole discretion. Amendments or changes to these Terms shall be effective upon Tobi’s posting of such amendments or changes. Your continued access to and/or use of the Tobi Websites will be subject to your acceptance of any amendments or changes to these Terms. If you do not accept the amended Terms, you must stop using the Tobi Websites immediately.
4. Restrictions
With respect to your access to and use of the Tobi Websites, you may not:
- Violate any federal, state, or local law, statute, rule, permit, ordinance, or regulation;
- Use the Tobi Websites to stalk, threaten, or otherwise harass any person;
- Use the Tobi Websites to post information or interact through the Tobi Websites in any way that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Remove any copyright, trademark, or other proprietary notices from any portion of the Tobi Websites;
- Reproduce, modify, prepare derivative works based upon, distribute, license, sell, resell, transfer, or otherwise exploit the Tobi Websites without Tobi’s express written consent;
- Decompile, reverse engineer, or disassemble the Tobi Websites except as may be permitted by applicable law;
- Frame or mirror any part of the Tobi Websites, without Tobi’s prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Tobi Websites or their content;
- Rent, lease, lend, sell, redistribute, license or sublicense the Tobi Websites or access to any portion of the Tobi Websites;
- Attempt to gain unauthorized access to or impair any aspect of the Tobi Websites or its related systems or networks.
5. Monitoring
Tobi monitors network traffic, web and application servers, and logs to identify unauthorized attempts to upload, change or otherwise cause damage to the Tobi Websites. Tobi reserves the right to modify or terminate your access to and use of the Tobi Websites or any portion thereof at any time should Tobi determine, in its sole discretion, that you have violated these Terms and/or have attempted to, or have successfully changed or caused damage to, the Tobi Websites.
6. Disclaimers and Limitations of Liability
The Tobi Websites are provided “as is” and “as available”. Tobi does not make any warranties or representations, express or implied, including without limitation, any implied warranty of merchantability, any implied warrant arising from the course of dealing, fitness for a particular purpose, and non-infringement, as to the Tobi websites. Tobi further disclaims all warranties and representations with respect to reliability, timeliness, quality, suitability, or connectivity, or availability of the Tobi websites. Tobi does not warrant that your use of the Tobi Websites will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Tobi Websites will be corrected, or that the Tobi Websites are free of viruses or other harmful components. You agree that the entire risk arising out of your use of the Tobi Websites remains solely with you to the maximum extent permitted under applicable law.
In addition, Tobi may provide links to other sites as a convenience, but is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Tobi of the linked site.
In no event will Tobi or its affiliates have any liability for any special, indirect incidental, exemplary, or consequential damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Tobi Websites, service interruptions, or for the cost of procurement of substitute services) arising in any way from any use of the Tobi Websites, whether or not Tobi has been advised of the possibility of these damages. Tobi shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Tobi Websites, or your inability to access or use the Tobi websites; (ii) any services or products provided by a third party; or (iii) delay or failure in performance of the Tobi Websites resulting from causes beyond Tobi’s reasonable control.
7. Location-Enabled Data
8. Indemnity
You shall indemnify, defend, and hold harmless Tobi and its affiliates and their officers, directors, employees, and agents from and against any and all claims, damages, losses, judgments, liens, penalties, interest, and expenses, including but not limited to reasonable attorneys’ fees, arising or alleged to arise or resulting from (i) your use of the Tobi Websites; (ii) the inaccuracy of any representations or warranties you make herein; (iii) your breach of or failure to comply with these Terms; (iv) your violation of any law or the rights of a third party as a result of your own conduct and interaction with such third party; (v) your ownership, use or operation of a motor vehicle or passenger vehicle; (vi) any of your acts, errors or omissions in connection with the Tobi Websites.
9. Privacy
10. Children
The Tobi Websites and Tobi do no knowingly solicit data from children or market to children. Please notify Tobi immediately at info@tobicloud.com if you believe there has been inadvertent collection of children’s data.
11. Severability
You acknowledge that these Terms are reasonable, valid, and enforceable. However, if any part of these Terms is held by a court of competent jurisdiction to be invalid, such provision shall be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable, and the remainder of the provisions of these Terms will in no way be affected or invalidated as a result.
Where any provision in these Terms is found to be unenforceable, Tobi shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.
12. Dispute Resolution, Class Action Waiver, and Applicable Law
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules.
Any dispute or controversy arising under or in connection with these Terms shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Columbus, Ohio, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction; the expense of such arbitration shall be shared equally by the Parties.
THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
13. Entire Agreement
These Terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and cancels any and all prior or contemporaneous representations, negotiations, conditions, communications, contracts, and/or agreements, whether oral or written, between the parties relating to the subject matter hereof, and all past course of dealing.