Updated: January 19, 2024
Thank you for participating in the CloudMosa Cloud Phone Developer Program. The Cloud Phone Developer Program ("the Service") is provided by CloudMosa, Inc. ("CloudMosa", "we," or "us"), located at 19468 Burgundy Way, Saratoga, CA 95070, USA. This communication is directed to developers as "you" or the "Provider." Your use of the Service, including creating cloud widgets and accessing system services, is subject to adherence to the Cloud Phone Developer Program Terms of Service, which includes CloudMosa's Cloud Phone Developer Program Privacy Policy (hereinafter referred to as the "Terms"). The CloudMosa Cloud Phone is designed to facilitate access to cloud widgets developed by third-party developers (the "Provider"). This Agreement governs your involvement in the Cloud Phone Developer Program, overseeing the creation and distribution of widgets through the Cloud Phone service. As a developer, you must comply with these terms and the Cloud Phone Developer Program Privacy Policy when providing services through the Cloud Phone platform. The Cloud Phone Developer Program Privacy Policy outlines our data handling procedures regarding Developer Services, which include products and services specifically tailored for entities involved in creating and/or disseminating a widget developed with and/or utilizing the Cloud Phone.
Content provided may originate from CloudMosa, or third parties not affiliated with CloudMosa. CloudMosa explicitly absolves itself of any responsibility for and does not endorse any content available through the Service that originates from a source other than CloudMosa. Upon signing up for our Service, you will enter into a distinct sales agreement, governed by these Terms, with either: (a) CloudMosa, Inc.; or (b) the provider of the Content, even if CloudMosa, Inc. is acting as an agent for the Provider. Your registration contract becomes effective upon receiving an email from us confirming your sign-up.
You must fully comply with all policies outlined in the Developer Program while utilizing the Service.
You are responsible for uploading and maintaining Your Products on Cloud Phone, ensuring accurate product data and comprehensive user support information. In alignment with data protection regulations, including GDPR, CCPA/CPRA, and similar provisions, you must transparently disclose all necessary permissions for the proper functioning of Your Products, ensuring compliance with privacy laws. This encompasses explicitly informing users about the types of personal data collected, the purpose of the collection, and any third parties with whom the data may be shared. Moreover, you must provide users with clear mechanisms to exercise their rights under applicable privacy laws, such as the right to access, rectify, and delete their personal information. It is your responsibility to stay informed about and adhere to evolving data protection laws and regulations relevant to your product and user base.
As a developer, you are solely responsible for diligently protecting the credentials for your products hosted on the Cloud Phone platform. It is essential that you enforce rigorous security measures on your end, encompassing practices like employing strong, distinctive passwords, consistently updating your credentials and enabling multi-factor authentication (MFA). Compromised credentials pose significant risks of unauthorized access that could jeopardize the confidentiality and functionality of your hosted products. You agree that CloudMosa cannot be held liable for any consequences arising specifically from the compromise of your developer credentials due to insufficient security measures implemented by you. By participating in the Cloud Phone Developer Program, you commit to upholding robust security protocols on your end to prevent credential compromise threats.
CloudMosa firmly recognizes and respects the creative and proprietary nature of the content developers contribute to the Cloud Phone platform. Unless expressly licensed by you in this Agreement, CloudMosa does not claim any right, title, or interest in or to any of Your Products, including Intellectual Property Rights. This underscores that the ownership and rights to the intellectual property embedded in Your Products are exclusively yours unless explicitly specified otherwise in the terms of this Agreement.
Developers, as integral members of our development community, are urged to establish their own notice and takedown procedures for the content they share on the platform. This proactive approach aligns with CloudMosa's commitment to fostering a responsible environment. Simultaneously, CloudMosa is dedicated to upholding its own procedures and promptly addressing complaints related to developer-created content. This commitment resonates with our unwavering dedication to compliance with applicable laws and regulations.
In addition to upholding intellectual property rights, CloudMosa expects developers to comply with DMCA and similar regulations. Developers are urged to proactively address any claims of copyright infringement. CloudMosa maintains a robust notice and takedown procedure, utilizing safe harbor provisions or their equivalents. We handle complaints effectively, following industry best practices to ensure the safeguarding of intellectual property rights on our platform.
The use of Cloud Phone for the distribution or availability of any Product with the intent of supporting the distribution of software applications and games for use on specific devices outside of Cloud Phone is prohibited. Any such actions are considered a breach of the terms outlined in this Agreement.
Your use of Cloud Phone must conform rigorously to the terms specified in this Agreement and comply with pertinent laws, regulations, and recognized industry standards in the relevant jurisdictions. This encompasses diligent adherence to export laws governing the utilization and distribution of products and services via the Cloud Phone platform.
Users are guided to contact you for inquiries related to widgets. As a developer, you are under a contractual obligation to deliver timely and effective user support and maintenance for your widgets on the Cloud Phone platform. This commitment encompasses the provision of precise contact details to facilitate transparent communication with users, thereby upholding the overall quality and integrity of the Cloud Phone Developer Program.
You are committed to ensuring the privacy and legal rights of users. When users provide personal information, it is your responsibility to notify them and provide legally adequate privacy notices and protection. Any use of this information must strictly adhere to the purposes for which users have granted explicit permission. Prohibited Conduct Engaging in any activity with Cloud Phone that interferes with, disrupts, damages, or accesses third-party devices, servers, networks, or services, including those of Cloud Phone or any Authorized Provider, is strictly prohibited.
The sole responsibility for widgets rests with you, and CloudMosa assumes no responsibility for any consequences arising from your actions, including any loss or damage incurred by Cloud Phone.
A Cloud Widget is defined as a compact, specialized application developed by third-party developers (the "Provider"). These widgets are hosted on their remote servers, allowing feature phone users to access a wide range of internet services, functionalities, or content without the requirement for substantial local device resources.
Users must be at least 13 years old or meet the minimum age specified by the relevant laws of their country to use cloud widgets. If individuals are considered minors in their country, they must obtain explicit permission from their parent or legal guardian to access the Service and agree to these Terms. Additionally, users are required to comply with any additional age restrictions that may apply to the use or provision of Content or features on the Cloud Phone.
The Service and its associated support libraries may require periodic updates, including bug fixes, enhanced functionalities, and new versions (collectively, “Updates”). These Updates will be distributed through methods such as FOTA (Firmware Over-The-Air) or remotely applied from CloudMosa's servers. Certain Updates may be essential for your continued use of the Service or to access the Content. By accepting these Terms and utilizing the Service, you consent to receiving such Updates automatically. It's important to note that the Content provided by Providers will consistently be updated on the Providers' remote servers and will not necessitate additional Downloads of Updates.
To provide access to the Cloud Phone service, CloudMosa needs to collect certain information such as your name, email address, and account credentials. We use this limited developer information solely to operate the Service, communicate with you, and manage your account. It is not shared with any third parties. We implement appropriate security measures to protect your data and only retain it for as long as necessary to provide the Service. You may request the deletion of your information by contacting us. We will fulfill these requests promptly.
If the Agreement undergoes changes, you will receive a minimum notice of 30 days, and the new Agreement will become effective upon the conclusion of the notice period. Your ongoing use of the Service subsequent to the conclusion of this notice period will be regarded as your acceptance of the new Agreement. The new Agreement will govern your use of all Content, including previously installed or purchased Content, as well as any subsequent installations or purchases. If you do not agree with these modifications, you will have the option to download previously purchased or installed Content and discontinue your use of the Service. You may continue to access and view the copy of the Content on your Devices in accordance with the most recent version of the Agreement that you accepted.
CloudMosa may collect various data from developers, including:
We utilize developer data to:
Our processing is based on:
Account data is retained until an account is deleted, ensuring compliance with GDPR, CCPA/CPRA, and other similar guidelines. Usage data, deemed essential for the continuous operation of cloud widgets, may be retained for an extended duration, with such retention also aligning with the requirements outlined in the aforementioned data protection regulations. This approach is taken to uphold user privacy rights and adhere to legal standards governing data retention and processing.
We are unwaveringly dedicated to securing developer data by implementing rigorous organizational and technical safeguards throughout our cloud widgets platform. This commitment involves the establishment of strict security protocols, periodic audits, and the integration of advanced encryption measures to safeguard sensitive information. Furthermore, our ongoing commitment is evident in the continuous assessment and updating of our security infrastructure, ensuring that we remain proactive in addressing emerging threats and maintaining a robust defense against potential risks.
Identifiable developer data is not shared, except when necessary to comply with laws, prevent fraud, or operate essential cloud widget platform services through secured vendors.
By participating in the Developer Program and signing up, registering, or listing their products on Cloud Phone, developers grant CloudMosa, its subsidiaries, and partners authorization to distribute and sublicense those products. This enables CloudMosa and partners to pre-install and offer developers' apps and widgets within the Cloud Phone interface and software.
Developers retain ownership and all rights to their products. CloudMosa, at its sole discretion, reserves the right to determine whether to feature or preferentially place certain products, highlighting useful apps and widgets for users.
Additionally, developers explicitly authorize CloudMosa and partners to collaborate with distribution partners to enhance the visibility of developers' content or services. This includes reusing, reproducing, and utilizing materials to promote content and services on websites and in marketing campaigns.
Developers recognize and acknowledge CloudMosa's authority to supply, advertise, promote, or distribute various components, including proprietary or third-party widgets, applications, code, or links. CloudMosa maintains rights to specify defaults and make adjustments to showcase innovative developer offerings, without notice, with the aim of providing a secure and cutting-edge user experience.
By participating in the program, developers explicitly agree to grant the non-exclusive, royalty-free license to CloudMosa, subsidiaries, and CloudMosa Cloud Phone hardware partners regarding registered or published products. This agreement encompasses CloudMosa and any partnering entity shipping Cloud Phone.
CloudMosa reserves the right to modify these terms at any time. Developers will receive notification, and continued participation implies acceptance of updated terms for the purpose of providing a secure and cutting-edge user experience.
Notwithstanding any provision to the contrary in these Terms, third parties licensing their Content to CloudMosa are expressly stipulated as intended third-party beneficiaries under these Terms. This designation applies exclusively to specific provisions directly related to their Content ("Third-Party Provisions").
None of the Services or Content are intended for use in specific critical activities. CloudMosa retains the authority to disclose information when necessary for legal compliance.
CloudMosa reserves the right to terminate this Agreement without notice if there's a failure to adhere to any terms. Additionally, CloudMosa retains the right to modify, suspend, or discontinue the Services, including any part or Content, at its discretion, with or without notice.
Developers have the right to access or request deletion of their data through our support team. We fully support data rights under GDPR and CCPA/CPRA for eligible individuals involved in building cloud widgets.
The party receiving confidential information, in this case, us, is obligated not to disclose such information except to our Affiliates, employees, agents, or professional advisors who need the information and have committed in writing (or are otherwise obligated) to maintain its confidentiality.
CloudMosa does not guarantee, represent, or warrant, and makes no assurances that your use of the services will be uninterrupted or error-free, nor about any content or information accessible through the services. The services are not designed or intended for high-risk activities. You acknowledge that CloudMosa may, at its discretion, remove the services for indefinite periods, cancel the services at any time, or limit/disable your access to the services without prior notice to you.
As a developer using Cloud Phone to build applications, you understand that it is provided "as is" without any warranties. CloudMosa does not make any specific promises about Cloud Phone's uptime, security, performance, accuracy, or quality. You agree to use Cloud Phone at your own discretion and risk. CloudMosa is not liable for any issues that may arise from using our platform, such as data loss, service interruptions, inaccuracies, or lack of fitness for a particular purpose. While we aim to provide a high-quality platform and documentation, unforeseen issues can occur with any complex software system. We do not guarantee Cloud Phone will be bug-free or always available. Use of Cloud Phone is at your own risk. However, you retain any legal rights granted under applicable laws regarding consumer protection, product liability, and other areas. CloudMosa complies with all applicable laws and regulations.
CloudMosa shall not be held liable for any issues arising from developers' contributions. Any representations or warranties by developers do not bind CloudMosa, and no liability can be attributed to CloudMosa in connection with the performance or quality of developers' contributions.
In no event shall CloudMosa, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content. This includes, but is not limited to, any errors or omissions in any content, or any injury, loss, or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some countries, states, or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, CloudMosa's liability shall be limited to the extent such limitation is permitted by law.
CloudMosa shall use reasonable efforts to protect the information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release CloudMosa from any and all liability to you for any loss or liability relating to such information in any way.
At CloudMosa, we take security extremely seriously and are committed to upholding robust security practices to protect your data. We regularly assess potential risks, monitor emerging threats, and follow industry-standard protocols.
However, no one can guarantee complete immunity from cybersecurity threats. Bad actors are constantly evolving, and new vulnerabilities emerge regularly. So while we will make every reasonable effort to ensure our systems are secure, we cannot promise total invulnerability. By using CloudMosa services, you understand that, despite stringent safeguards, security breaches remain a possibility in any online platform. We will remain vigilant in protecting our systems, but you agree not to hold CloudMosa liable for unforeseen security issues beyond our control.
Maintaining rigorous security requires a shared responsibility between CloudMosa and our users. We ask for your cooperation and understanding regarding the limitations of cybersecurity guarantees. By working together, we can continue improving and enhancing protections on our platform.
BY UTILIZING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD CLOUDMOSA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS IN REGARD TO ANY CLAIMS ARISING FROM YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY CLOUDMOSA AS PART OF ITS INVESTIGATION INTO A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS DETERMINATION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
YOU AGREE NOT TO PURSUE LEGAL ACTION OR SEEK DAMAGES FROM CLOUDMOSA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A CONSEQUENCE OF ITS DECISION TO REMOVE OR DECLINE TO PROCESS ANY INFORMATION OR CONTENT, TO PROVIDE YOU WITH WARNINGS, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO UNDERTAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLOUDMOSA'S DETERMINATION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
WE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY FAILURE TO FULFILL, OR DELAY IN FULFILLING, OUR OBLIGATIONS UNDER THIS AGREEMENT RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL, COMMONLY REFERRED TO AS A 'FORCE MAJEURE EVENT.' SUCH EVENTS ENCOMPASS ACTS, OCCURRENCES, NON-OCCURRENCES, OMISSIONS, OR ACCIDENTS THAT ARE OUTSIDE OUR REASONABLE CONTROL AND INCLUDE, BUT ARE NOT LIMITED TO, STRIKES, LABOR DISPUTES, CIVIL UNREST, RIOTS, INVASIONS, TERRORIST ATTACKS OR THREATS OF TERRORIST ATTACKS, WARS OR WAR PREPARATIONS (WHETHER DECLARED OR NOT), FIRES, EXPLOSIONS, SEVERE WEATHER CONDITIONS, NATURAL DISASTERS, IMPOSSIBILITY OF USING VARIOUS FORMS OF TRANSPORTATION (E.G., RAILWAYS, SHIPPING, AIRCRAFT, MOTOR TRANSPORT), IMPOSSIBILITY OF UTILIZING PUBLIC OR PRIVATE TELECOMMUNICATIONS NETWORKS, AS WELL AS ACTS, DECREES, REGULATIONS, OR RESTRICTIONS IMPOSED BY ANY GOVERNMENT.
OUR PERFORMANCE UNDER THE AGREEMENT WILL BE CONSIDERED TEMPORARILY SUSPENDED FOR THE DURATION OF THE FORCE MAJEURE EVENT, AND WE WILL BE GRANTED AN EXTENSION OF TIME FOR PERFORMANCE EQUAL TO THE DURATION OF THIS EVENT. WE WILL MAKE REASONABLE EFFORTS TO RESOLVE THE FORCE MAJEURE EVENT AND SEEK A SOLUTION TO ENABLE US TO FULFILL OUR OBLIGATIONS UNDER THE AGREEMENT DESPITE ITS OCCURRENCE.
CLOUD PHONE MAY INCLUDE LINKS TO ALTERNATIVE SITES, APPLICATIONS, AND SERVICES. AS CLOUDMOSA DOES NOT OVERSEE THESE EXTERNAL ENTITIES, WE EXPLICITLY DISCLAIM RESPONSIBILITY FOR THE PRACTICES EMPLOYED BY THEM. IT IS ADVISABLE TO CONSISTENTLY REVIEW THE TERMS OF SERVICES THAT GOVERN THE PRACTICES OF SUCH OPERATORS.
NOTABLY, THIS TERMS OF SERVICE EXCLUSIVELY PERTAINS TO THE PRACTICES OF CLOUDMOSA. THIS EXPRESSLY EXCLUDES ANY CONSIDERATION FOR THE PRIVACY, INFORMATION, OR OTHER PRACTICES OF THIRD PARTIES, INCLUDING ENTITIES SUPERVISING WEBSITES OR SERVICES LINKED TO OUR SERVICES. THE INCLUSION OF A LINK ON THE SERVICES DOES NOT IMPLY AN ENDORSEMENT BY US OR OUR AFFILIATES OF THE LINKED SITE OR SERVICE.
THE SERVICES MAY PROVIDE FUNCTIONALITY ALLOWING YOU TO MAKE PAYMENTS TO US THROUGH THIRD-PARTY PAYMENT SERVICES LINKED TO YOUR PERSONAL ACCOUNT. WHEN UTILIZING SUCH A SERVICE TO MAKE PAYMENTS TO US, YOUR PERSONAL INFORMATION WILL BE COLLECTED BY THE THIRD PARTY, NOT BY US, AND WILL BE SUBJECT TO THE THIRD PARTY’S TERMS OF SERVICE. RESPONSIBILITY FOR THIS THIRD PARTY’S COLLECTION, UTILIZATION, AND DISCLOSURE OF YOUR PERSONAL INFORMATION.
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state, or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and CloudMosa, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and CloudMosa agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
This Agreement constitutes the entire agreement between you and CloudMosa, governing your use of the Services. It supersedes any prior agreements and may be subject to additional terms for affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid, the remaining portions shall remain in full force.
You agree to comply with all local, state, federal, and national laws in your use of the Services. The risk of loss for electronically delivered Transactions passes to the acquirer upon electronic transmission to the recipient. No CloudMosa employee or agent has the authority to vary this Agreement.
You grant CloudMosa the right to take steps necessary to enforce and verify compliance with this Agreement. CloudMosa may disclose data and information to law enforcement authorities, government officials, or third parties if deemed reasonably necessary to enforce or verify compliance with this Agreement.
Children under the age of majority should review this Agreement with their parent or guardian. In case of conflicts between documents, the order of precedence is: the Agreement, and the terms at any URL. If CloudMosa provides this Agreement in more than one language, the English text governs in case of a discrepancy.