Updated: November 6, 2023
Thanks for using Cloud Phone. Cloud Phone ("the Service") is a service provided by CloudMosa, Inc. ("CloudMosa", "we" or "us"), located at 19468 Burgundy Way, Saratoga, CA 95070, USA. Your use of the Service, which includes access to cloud widgets, system services, games, movies, books, magazines, or other digital content and services (referred to as "Content") available through it is subject to these Cloud Phone Terms of Service (Referred to as “Terms”). Cloud Phone is a service that enables you to access cloud widgets developed by third-party Developers (the “Provider”). This Agreement governs your usage of the Service, which is available for use on compatible hardware and software (we recommend using the latest version), and it may require Internet access, subject to possible fees.
Access to and Use of Content. You may use the Service to browse, view, stream, or download Content for your mobile device or other supported devices ("Device"). In order to access and use the Service, you must possess a Device equipped with functional Internet access and compatible software. Please note that the availability of Content and features may vary from country to country, and not all Content or features may be accessible in your specific location. The Content provided may originate from either CloudMosa or third parties unaffiliated with CloudMosa. CloudMosa disclaims any responsibility for, and does not endorse, any Content made available through the Service that originates from a source other than CloudMosa.
Purchase of Content. While Providers may offer free access to view or use certain Content on the Service, please be aware that additional limitations may apply to your access and use of such free Content. This may include Content exclusively available to paid users.
When you make a purchase of Content on or through the Service, you will enter into a distinct sales agreement, which is governed by these Terms (as applicable), with either:
(a) CloudMosa, Inc.; or
(b) provider of the Content, including where CloudMosa, Inc. is acting as an agent for the Provider.
Your contract for the purchase and usage of Content becomes effective once you receive an email from the Provider confirming your purchase of that Content. The performance of this contract commences immediately upon the completion of the purchase.
Cloud Widgets. A Cloud Widget is defined as a compact, specialized application or interactive component developed by the Provider. These widgets are hosted on the Providers' remote servers, allowing feature phone users to access a wide range of internet services, functionalities, or content without the requirement for substantial local resources.
Age Restrictions. To utilize the Service, you are required to be a minimum of 13 years old or meet the age requirement specified by the applicable laws of your country. If you are deemed a minor in your country, you must obtain explicit permission from your parent or legal guardian to access the Service and accept these Terms. Additionally, you must adhere to any supplementary age restrictions that may pertain to the use of specific Content or features on the Service.
Third-Party Fees. You are solely responsible for any access and/or data fees accrued from third parties, such as your mobile carrier, related to your use and consumption of Content and the Service.
Updates. 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, download, or use 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.
Information about You. To facilitate the processing of your transactions and the provisioning of Content, you may be required to provide personal information, such as your name and email address, to Providers. When you access and use Content provided by the Providers, you consent to the Providers utilizing this information in compliance with their respective privacy policies.
Changes to these Terms. 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.
License to Use Content. After completing a transaction or paying the applicable fees for Content, you will obtain a non-exclusive right, solely as explicitly permitted in these Terms and related policies, to store, access, view, use, and display copies of the relevant Content on your Devices or as otherwise authorized for your personal, non-commercial use only. Any rights, title, and interest in the Service and Content that are not explicitly granted to you in these Terms are hereby reserved. Your utilization of cloud widgets and games may be subject to additional terms and conditions specified in the end-user license agreement between you and the Provider.
Violation of License Terms. If you breach any of the Terms, your rights under this license will be terminated immediately, and CloudMosa may, at its discretion, terminate your access to the Service and the Content.
Restrictions: You may not:
Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, it is expressly stated that third parties who license their Content to CloudMosa are considered intended third-party beneficiaries under these Terms. This designation applies solely with respect to the specific provisions of these Terms that directly pertain to their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions. This includes but is not limited to, provisions or agreements incorporated by reference or referenced without incorporation within these Terms.
Removal or Unavailability of Content. Subject to the Terms, Content that you purchase or install will be available to you through the Service for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as CloudMosa has the right to make such Content available to you. In other cases, the availability will be as long as CloudMosa has the right to provide such Content to you. However, under certain circumstances (e.g., if CloudMosa loses the relevant rights, discontinues a service or Content, encounters critical security issues, or experiences breaches of applicable terms or the law), CloudMosa may remove or cease providing access to specific Content you've purchased on your Device. For Content sold by CloudMosa, Inc., you may be given prior notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, CloudMosa may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If CloudMosa issues you a refund, the refund shall be your sole remedy.
Limits on access on Devices. From time to time, CloudMosa may impose restrictions on the quantity of Devices or software applications you can employ to access Content.
Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities where the failure of the Services or Content could result in death, personal injury, or significant physical or environmental damage. CloudMosa retains the authority to disclose information when it is necessary to comply with relevant laws, regulations, legal proceedings, or governmental requests. In addition, CloudMosa may, at its sole discretion, block, refuse to post, or remove any information or materials, whether in part or in whole.
Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by CloudMosa and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. Intellectual Property Rights in and to the content accessed through the Services are the property of the applicable content owner and may be protected by applicable laws. As between the parties, CloudMosa (and/or its licensors or suppliers) owns all Intellectual Property Rights in the Services.
Trademarks. The CloudMosa name, the Cloud Phone logo, and other CloudMosa trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of CloudMosa in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
User Feedback. If User provides CloudMosa with Feedback about the Services, then CloudMosa may use that information without obligation to User, and User hereby irrevocable assignment of all right, title, and interest in that Feedback.
Unless otherwise noted, Services and Content provided by CloudMosa are © CloudMosa, Inc. and its subsidiaries.
If you fail, or CloudMosa suspects that you have failed, to comply with any of the provisions of this Agreement, CloudMosa may, without notice to you: (i) terminate this Agreement and/or your Cloud Phone ID, and you will remain liable for all amounts due under your Cloud Phone ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
CloudMosa further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and CloudMosa will not be liable to you or to any third party should it exercise such rights.
The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents, or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the Confidential Information only to exercise rights and fulfill obligations under this Agreement, and that they keep it confidential. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, if permitted by law.
CLOUDMOSA DOES NOT GUARANTEE, REPRESENT, OR WARRANT, AND MAKES NO ASSURANCES: (1) THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) ABOUT ANY CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (3) THAT THE SERVICES ARE 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 OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT PRIOR NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY CLOUDMOSA) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
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, INCLUDING, BUT 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 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.
CLOUDMOSA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE IMMUNE TO LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONS, AND BY USING THE SERVICES, YOU HEREBY RELEASE CLOUDMOSA FROM ANY LIABILITY IN CONNECTION WITH SUCH MATTERS. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
CLOUDMOSA IS NOT RESPONSIBLE FOR DATA CHARGES THAT MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.
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.
FORCE MAJEURE
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.
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 and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and CloudMosa. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CloudMosa's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. CloudMosa will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No CloudMosa employee or agent has the authority to vary this Agreement.
You hereby grant CloudMosa the right to take steps CloudMosa believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CloudMosa has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as CloudMosa believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CloudMosa's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL. If CloudMosa provides this Agreement in more than one language for the country of your billing address, and there is a discrepancy between the English text and the translated text, the English text will govern.
The following Sections will survive expiration or termination of this Agreement: 3, 4, 5, 6, and 7.
CloudMosa reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.