Website Terms of Use

Effective as of November 20, 2024.

1. Acceptance of terms

By accessing or using the website located at cloudexmachina.io (the “Website”), you agree to be bound by these Website Terms of Use (“Terms”). If you do not agree to these Terms, please do not access or use the Website.

These Terms apply to all visitors, users, and others who access the Website. They govern your use of the Website only. If you are a customer of Cloud ex Machina’s products or services, your use of those products or services is governed by a separate subscription or services agreement.

2. About Cloud ex Machina

The Website is operated by Cloud ex Machina, Inc., a corporation incorporated under the laws of the State of Delaware, with its principal place of business at 169 Madison Ave STE 2547, New York, NY 10016, United States (“CXM,” “we,” “us,” or “our”).

3. Intellectual property

The Website and all of its content, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are the property of CXM or its content suppliers and are protected by United States and international intellectual property laws.

The CXM name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of CXM. You may not use any of these marks without the prior written permission of CXM.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal or internal business informational purposes. This license does not include:

• Copying, reproducing, or distributing any content from the Website for commercial purposes;
• Modifying or creating derivative works based on Website content;
• Using any data mining, robots, scraping, or similar data gathering or extraction tools;
• Downloading any portion of the Website except as expressly authorized by CXM.

CXM reserves all rights not expressly granted in these Terms.

4. Acceptable use

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others. You must not use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material;
• To impersonate or attempt to impersonate CXM, a CXM employee, another user, or any other person or entity;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm CXM or users;
• To attempt to gain unauthorized access to any portion of the Website, or any system or network connected to the Website;
• To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used on or in connection with the Website;
• To introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.

CXM reserves the right to terminate or restrict your access to the Website at any time, without notice, for any violation of these Terms or for any other reason in CXM’s sole discretion.

5. Third-party links and content

The Website may contain links to third-party websites or resources that are not owned or controlled by CXM. CXM provides these links for convenience only and does not endorse, and is not responsible or liable for, the content, products, services, or practices of any third-party websites.

You acknowledge that CXM has no control over, and assumes no responsibility for, the availability, accuracy, or content of such third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

6. Disclaimers of warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, CXM disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CXM does not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the Website will be accurate or reliable;
• Any errors in the Website will be corrected.

Any content on the Website is provided for general informational purposes only. It does not constitute professional, legal, financial, or technical advice.

In particular, any descriptions of savings opportunities, optimization outcomes, governance findings, remediation recommendations, or projected results presented on the Website are illustrative only and provided for general informational purposes. Actual results may vary based on each customer’s infrastructure, usage patterns, configurations, operational practices, and implementation decisions. Customers remain solely responsible for reviewing, validating, testing, approving, and implementing any infrastructure or operational changes.

7. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CXM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CXM has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

8. Privacy and cookies

Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. Please review those policies carefully. By using the Website, you consent to the collection and use of information as described in those policies.

9. Feedback and suggestions

If you submit any feedback, suggestions, ideas, or other input to CXM regarding the Website or CXM’s products or services (“Feedback”), you hereby grant CXM a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback for any purpose without restriction or compensation to you. CXM is under no obligation to act on any Feedback submitted.

10. Changes to these terms

CXM reserves the right to update or modify these Terms at any time in its sole discretion. Changes will be effective upon posting the updated Terms to the Website, with the “Last updated” date revised accordingly.

Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Website.

We encourage you to review these Terms periodically to stay informed of any updates.

11. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your access to, or use of, the Website shall be brought exclusively in the federal or state courts located in New York County, New York. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

12. Contact us

If you have any questions about these Terms, please contact us at:

Cloud ex Machina, Inc.

• Address: 169 Madison Ave, STE 2547, New York, NY 10016, USA
• legal@cloudexmachina.io