Last updated on the 6th of December 2023
Welcome to Intelligent Reports Cloud. These are the Intelligent Reports Cloud terms of service. These terms are a legally binding agreement between you and Clarios Technology Pty Ltd (ABN 88 154 849 108). These terms describe your rights and obligations as a customer and user of Intelligent Reports Cloud.
Before you start using Intelligent Reports Cloud you need to read and accept these terms. If you do not accept these terms then you cannot use Intelligent Reports Cloud.
You agree that you have not relied upon any representation made by Clarios Technology, its officers, directors, agents, affiliates, suppliers, partners and employees other than these terms of service.
These terms are effective from the date you first click the “I agree” button (or similar button or checkbox) or use or access Intelligent Reports Cloud. These terms do not have to be signed to be binding.
Clarios Technology means Clarios Technology Pty. Ltd. (ABN 88 154 849 108).
Us, we, our, ours means Clarios Technology.
You or your means you and the entity you represent in accepting these Terms of Service, if that does not apply, it means you as an individual. If you are accepting these terms on behalf of your employer or other entity, you warrant that you have the legal authority to bind your employer or other entity to these Terms of Service. You also warrant that you have read and understood these Terms of Service and that you agree to bind your self and your employer or other entity to these Terms of Service. If you don’t have the legal authority to bind your employer or other entity to these terms of service do not click the “I agree” (or similar button or checkbox) and do not use or access Intelligent Reports Cloud.
Please note that if you sign up for Intelligent Reports Cloud using an email address or other account from your employer, then you will be deemed to represent your employer and your click to accept these terms will bind your employer to these terms. The word You will then refer to you and your employer.
Embedded Software means any third party software licensed by Clarios Technology from a third party and embedded in Intelligent Reports Cloud.
Intellectual Property Rights means all rights in copyright, circuit layout, designs, trademarks, patents and all other rights in intellectual property.
Authorised Users means the specific individuals for whom you have a valid subscription to Intelligent Reports Cloud. Authorised Users may be you, your employees, contractors, representatives, consultants, agents or other third parties who have been authorised by you or one of your Authorised Users to access Intelligent Reports Cloud.
Your Data means any data, content, images or other material you or your Authorised Users enter, submit, upload or otherwise make available to Intelligent Reports Cloud, including but not limited to template files.
Materials means the documentation, example reports and any other materials provided by Clarios Technology to you relating to Intelligent Reports Cloud, including any updates to the materials.
Feedback means all comments, ideas, suggestions, questions and any other feedback relating Intelligent Reports Cloud and Materials.
This agreement governs the purchase and use of your subscription to Intelligent Reports Cloud as well as the purchase and use of any future subscriptions to Intelligent Reports Cloud. This agreement includes our Fair Use policy and our Privacy policy.
Any of your Authorised Users who are administrators for your Atlassian Jira Cloud will have administrator permissions in Intelligent Reports Cloud. This allows them to see and modify all data stored by Intelligent Reports Cloud. You are responsible for all actions taken by your Administrators in Intelligent Reports Cloud. You agree that we do not take responsibility for your internal management and administration of Intelligent Reports Cloud.
Only the specific individuals for whom you have a valid subscription (Authorised Users) may access and use Intelligent Reports Cloud.
You and your Authorised Users must agree to follow these terms to use Intelligent Reports Cloud. You are responsible for ensuring that all your Authorised Users follow these terms of service for Intelligent Reports Cloud.
You must ensure that you and all of your Authorised Users keep their Atlassian account used to access Intelligent Reports Cloud safe and confidential and not share their Atlassian account access with any unauthorised person. You need to ensure that you have strong security on any systems that you and your Authorised Users use to access Intelligent Reports Cloud.
You are responsible for any and all actions taken in Intelligent Reports Cloud using your and your Authorised Users Atlassian accounts.
You agree to notify Clarios Technology and Atlassian immediately if you become aware of any unauthorised use.
Intelligent Reports Cloud contains license protection mechanisms. You and your Authorised Users must not take any action to try to defeat, interfere with or circumvent these license protection mechanisms or other mechanism limiting your access to or use of Intelligent Reports Cloud. Any such attempt may result in the immediate termination of your subscription.
You are responsible for all actions you and your Authorised Users take on Intelligent Reports Cloud whether or not your Authorised Users are from your organisation or domain.
You are not permitted to use Intelligent Reports Cloud if you are under the age of 16. You are responsible for ensuring that all of your Authorised Users are over the age of 16.
Subject to these Terms, Clarios Technology grants you a non-exclusive, non-sub licensable and non-transferable right to access and use Intelligent Reports Cloud while you have a valid subscription to Intelligent Reports Cloud.
You acknowledge that Intelligent Reports Cloud may be changed from time to time.
Intelligent Reports Cloud is provided on a subscription basis with the subscription managed by Atlassian. You agree that you must hold a valid subscription in any period that you or your Authorised Users use Intelligent Reports Cloud. You agree to pay all relevant fees and charges for the subscription through Atlassian.
You agree that you are responsible for the payment of all fees and taxes associated with your subscription and your use of Intelligent Reports Cloud.
You agree that the renewal of your subscription is managed through Atlassian in accordance with their terms and conditions.
If you wish to increase the number of Authorised Users for your subscription to Intelligent Reports Cloud, you agree that increasing the number of users is managed through Atlassian in accordance with their terms and conditions.
If you wish to cancel your subscription, you agree that the cancellation of your subscription to Intelligent Reports Cloud is managed through Atlassian in accordance with their terms and conditions. You agree that we may delete your data any time after the cancellation or expiration of your subscription to Intelligent Reports Cloud.
Clarios Technology reserves the right to increase or decrease the subscription price for Intelligent Reports Cloud at any time.
You are responsible for any taxes or duties payable with respect to your Intelligent Reports Cloud subscription wherever levied. Where payment is made through Atlassian Marketplace, please refer to Atlassian regarding payment and taxation. Where payment is made through an Authorised Atlassian Reseller, please refer to them regarding payment and taxation.
You acknowledge that Clarios Technology gives no guarantees as to the availability or the accuracy of Intelligent Reports Cloud and Materials.
You agree that you and your Authorised Users are responsible for checking the output of Intelligent Reports Cloud (including generated reports and automatically emailed reports) before relying on them for any use or purpose.
You agree that you and your Authorised Users will not use Intelligent Reports Cloud for Aerospace, Medical or other life critical applications.
Intelligent Reports Cloud is made available on a limited access basis and no ownership right is conveyed to you irrespective of the use of terms such as “purchase” or “sale”. Clarios Technology and relevant third parties own all rights, title, copyright and interest, including all intellectual property rights in and to Intelligent Reports Cloud and Materials. This includes the look and feel of Intelligent Reports as well as the underlying technology, updates, modifications and derivative works created by Clarios Technology. It also includes the rights in the design, compilation, all copyrighted works, trademarks, designs, inventions and other intellectual property. These rights are protected by intellectual property legislation in Australia and other jurisdictions and by international treaty provisions.
You agree not to copy, distribute, modify or make derivative works of Intelligent Reports Cloud or Materials or use any of our Intellectual Property Rights in any way that is not expressly permitted by Clarios Technology.
You agree that you have no intellectual property rights in Intelligent Reports Cloud and Materials.
We love getting feedback from you about what you think of Intelligent Reports Cloud. You agree that we may use your and your Authorised Users Feedback or suggestions without any obligation, royalty or restriction based in intellectual property or otherwise. Feedback will not be considered to be confidential information.
You agree that the following restrictions apply to you and your Authorised Users. You are responsible for ensuring that all of your Authorised Users are aware of these restrictions and follow them.
You agree you will not sell, charge, mortgage, transfer, or otherwise encumber Intelligent Reports Cloud or Materials.
You agree you will not sublicense, distribute, transfer, or provide access to Intelligent Reports Cloud to a third party.
You agree you will not rent, lease, modify, adapt, reproduce or create derivative works of Intelligent Reports Cloud.
You agree you will not incorporate Intelligent Reports Cloud into a product or service that you provide to a third party.
You agree that you will not remove or obscure any notices in Intelligent Reports Cloud or its Materials.
You agree that you will not reverse engineer, disassemble, decompile, translate or otherwise seek to obtain the source code, file formats or non-public APIs to Intelligent Reports Cloud other than that permitted by law.
You agree that you will not reverse engineer, disassemble, decompile, translate or otherwise seek to obtain the source code, file formats or non-public APIs to Intelligent Reports Cloud other than that permitted by law.
You agree you will not undermine the security or integrity of our computing systems or networks or use Intelligent Reports Cloud in a way that might impair the functionality of Intelligent Reports Cloud.
You agree you will not introduce or upload any malicious code including viruses to Intelligent Reports Cloud.
You agree that you will not use Intelligent Reports Cloud to create or share anything that may be offensive, violates any law or regulation that applies to you or infringes on the rights of others.
Without the written permission of Clarios Technology, you and your Authorised Users must not alter, obscure or remove any trade mark or copyright symbol or legend or other proprietary marks on Intelligent Reports Cloud or Materials. This applies to marks of Clarios Technology as well as those of third parties.
You and your Authorised Users retain all right, ownership, title and interest of any data in the form you and your Authorised Users enter or upload into Intelligent Reports Cloud, including but not limited to Template files. You and your Authorised Users grant us a worldwide royalty free licence to access, use, collect, copy, process, perform, display, analyse, modify, create derivative works of, store, export, backup, distribute and transmit all data you and your Authorised Users submit to Intelligent Reports Cloud. This is so that we can allow you and your Authorised Users to use Intelligent Reports Cloud, communicate with you regarding your subscription, and send you information that may be relevant to you regarding Intelligent Reports Cloud or our other products and services. We may access your or Authorised Users account or instance to respond to support requests from you or Authorised Users.
We may delete your data from Intelligent Reports Cloud at any time after termination of this agreement or expiration of your subscription, but do not provide any guarantees that we will do so. If you require your data to be deleted on a specific timeline, please let us know in writing with at least 30 days notice by emailing us at [email protected].
You agree that you and your Authorised Users will not use Intelligent Reports Cloud to collect, store or compile any sensitive data protected by local, state, federal, domestic or international laws, rules or regulations that apply to you. Sensitive data may include but not be limited to names, credit card details, payment and banking information, tax identifiers, government IDs, medical records, medical and health information, addresses and phone numbers. You agree you and your Authorised Users will not submit any sensitive data to Intelligent Reports Cloud.
We have no liability for sensitive data submitted, collected, stored or compiled using Intelligent Reports Cloud in violation of these terms.
You agree that Your Data is at all times compliant with any local, state, federal and international laws, rules and regulations that apply to you.
You agree that you have obtained all necessary rights, releases and permissions for all of Your Data.
You warrant that your and your Authorised Users use of Intelligent Reports Cloud does not violate any laws including but not limited to to export control and data protection or the rights of any third party including but not limited to intellectual property rights, right to privacy or rights of publicity.
You are solely responsible for Your Data that is uploaded, emailed, transmitted or otherwise disseminated using or in connection with Intelligent Reports Cloud.
You acknowledge that all content you and your Authorised Users access through the use of Intelligent Reports Cloud is at your own risk and you will be solely responsible for any damage or liability to any third party (including your Authorised Users) resulting from your and your Authorised Users use of Intelligent Reports Cloud. We do not assume any responsibility or liability for Your Data.
You will defend, indemnify and hold harmless Clarios Technology (and our affiliates, officers, directors, contractors, agents and employees) from and against all claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and costs) resulting from any claim from a third party (including your Authorised Users) relating to Your Data or your and your Authorised Users use of Intelligent Reports Cloud or Materials.
We respect your privacy. In addition to these terms our privacy policy outlines how we deal with personal information. These terms include our privacy policy.
You agree to let us store your and your Authorised Users contact and related information. Clarios Technology may use this information to verify your license for Intelligent Reports Cloud, to respond to support requests and to contact you about Intelligent Reports Cloud and other products and services from Clarios Technology from time to time.
Nothing in these terms prevents us from disclosing Your Data to the extent required by law, subpoena or court order. We will use commercially reasonable efforts to notify you where we are permitted to do so.
We use statistical data about your and your Authorised Users use of Intelligent Reports Cloud to make improvements to Intelligent Reports Cloud.
While we have taken steps to protect Your Data, no method of electronic transmission or electronic storage is completely secure. We cannot guarantee that our security procedures will be error free, that no unauthorised party would be able to defeat our security measures or that the transmission of Your Data will always be secure. We may notify you if we have reason to believe that your or any of your Authorised Users account has had unauthorised access. We may restrict access to any impacted accounts until we can verify that there was no unauthorised access.
We do not take responsibility for any harmful materials including viruses, worms, Trojan horses or other harmful materials submitted or uploaded to Intelligent Reports Cloud by you or any of your Authorised Users.
We reserve the right to introduce new security features from time to time to help make the use of Intelligent Reports Cloud more secure.
Unless otherwise specified in these terms you agree that all code, inventions, business, technical and financial information that you or any of your Authorised Users disclose to us or that we disclose to you or any of your Authorised Users is confidential information provided that it is identified as confidential information by the disclosing party at the time of disclosure.
Unless expressly authorised the receiving party will take reasonable steps to protect the confidential information unless:
This section is not a separate warranty with respect to Intelligent Reports Cloud.
You agree that Intelligent Reports Cloud contains Embedded Software and that in addition to the obligations of these terms, additional obligations may apply in relation to any use of Embedded Software by you or any of your Authorised Users which is not in accordance with the use of Intelligent Reports Cloud as permitted under these terms. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consents in relation to your use of any Embedded Software.
You agree that if you or any of your Authorised Users breach these terms and Clarios Technology or any third party owner of Embedded Software suffers any loss, damage or expense directly or indirectly in connection with the breach, Clarios Technology or the relevant third party owner of the Embedded Software may bring an action directly against you.
While you may conduct "benchmarking" in relation to Intelligent Reports Cloud as a whole, you or any of your Authorised Users must not conduct any "benchmarking" in relation to individual Embedded Software elements.
Fair use refers to the volume of use of Intelligent Reports Cloud by you and your Authorised Users. You agree to abide by the Fair Use Policy for Intelligent Reports Cloud.
There may be storage limits associated with Intelligent Reports Cloud. These limits are described in the documentation for Intelligent Reports Cloud. Clarios Technology reserves the right to charge overuse fees if these limits are exceeded.
Clarios Technology reserves the right to vary the storage limits for Intelligent Reports at any time at our discretion, with or without notice to you.
If you have any questions regarding Intelligent Reports Cloud, check out our documentation for Intelligent Reports Cloud or email us at [email protected]
We are always trying to improve Intelligent Reports Cloud. We may add new features to Intelligent Reports Cloud from time to time. We may discontinue features of Intelligent Reports Cloud from time to time.
We try to minimise downtime, however sometimes it is necessary for us to update or otherwise maintain Intelligent Reports Cloud. You and your Authorised Users may occasionally have access issues where you might not be able to access Intelligent Reports Cloud or Your Data.
Though we take care to minimise data loss, you may occasionally experience data loss so it important to back up Your Data. You are responsible for maintaining a copy of Your Data entered into Intelligent Reports Cloud. Follow the instructions in the documentation for Intelligent Reports Cloud to back up Your Data.
Regardless of the cause of any downtime, access issues or data loss, your only recourse is to discontinue using Intelligent Reports Cloud.
Clarios Technology has no obligation to monitor any content uploaded to Intelligent Reports Cloud. However in the event we deem that Your Data has violated the terms of this agreement we may remove Your Data from Intelligent Reports Cloud and/or suspend your access to Intelligent Reports Cloud. You agree that if this occurs we have no liability to you for removing Your Data from Intelligent Reports Cloud and/or suspending your access to Intelligent Reports Cloud.
Where possible we will let you know if such actions need to be taken, however if we determine that your or your Authorised Users actions endanger the operation of Intelligent Reports Cloud or others we may suspend your and your Authorised Users access to Intelligent Reports Cloud immediately and without notice.
These terms will expire once your subscription expires or terminates with the exception of the Survival clauses. After your subscription terminates, you and your Authorised Users will no longer be able to access Intelligent Reports Cloud.
You can terminate your subscription to Intelligent Reports Cloud via Atlassian in accordance with their terms, however you will not be entitled to any refunds for the unused portion of your subscription from Clarios Technology.
If you or any or your Authorised Users materially breach these terms without prejudice to any other rights Clarios Technology reserves the right to terminate your subscription.
Either party may terminate the subscription if the other party ceases to operate without a successor, declares bankruptcy, becomes insolvent or otherwise becomes unable to meet its financial obligations.
On termination all rights granted to you under these terms will cease immediately.
The following provisions in these terms will survive the termination of your subscription:
YOU AGREE THAT INTELLIGENT REPORTS CLOUD AND MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARIOS TECHNOLOGY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY. IN SOME LOCATIONS, YOU MAY HAVE OTHER NON-EXCLUDABLE WARRANTIES, GUARANTEES OR STATUTORY RIGHTS. THE DURATION OF NON EXCLUDABLE STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. WE DO NOT WARRANT THAT YOUR USE OF INTELLIGENT REPORTS CLOUD WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT WE WILL CHECK YOUR DATA FOR ACCURACY OR PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS.
YOU AGREE THAT USING INTELLIGENT REPORTS CLOUD INVOLVES THE TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA BEING LOST, STOLEN, ALTERED OR STORED ACROSS THOSE NETWORKS. WE ARE NOT RESPONSIBLE FOR INTERRUPTIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR FREE, THAT NO UNAUTHORISED PARTY WOULD BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THAT THE TRANSMISSION OF YOUR DATA WILL ALWAYS BE SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CLARIOS TECHNOLOGY OR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF INTELLIGENT REPORTS CLOUD AND MATERIALS OR ANY DOCUMENTS GENERATED USING INTELLIGENT REPORTS CLOUD.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CLARIOS TECHNOLOGY OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, INACCURATE DATA, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, COSTS OF DELAY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE INTELLIGENT REPORTS CLOUD AND/OR MATERIALS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) EVEN IF CLARIOS TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU MAY HAVE REMEDIES AGAINST CLARIOS TECHNOLOGY AND ITS SUPPLIERS IMPOSED BY LAW OR STATUTE WHICH CANNOT BE EXCLUDED BY CLARIOS TECHNOLOGY AND ITS SUPPLIERS. TO THE EXTENT THAT YOU HAVE SUCH LEGAL REMEDIES AGAINST CLARIOS TECHNOLOGY OR ITS SUPPLIERS THEN TO THE FULLEST EXTENT PERMITTED BY LAW, CLARIOS TECHNOLOGY AND ITS SUPPLIERS LIABILITY IS LIMITED TO AT THE DISCRETION OF CLARIOS TECHNOLOGY TO REPAIR INTELLIGENT REPORTS CLOUD OR TO REFUND THE AMOUNT PAID BY YOU TO CLARIOS TECHNOLOGY FOR YOUR SUBSCRIPTION TO INTELLIGENT REPORTS CLOUD FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT OF ANY DAMAGES INCURRED BY YOU FOR ANY REASON WHATSOEVER IN CONNECTION WITH INTELLIGENT REPORTS CLOUD AND/OR MATERIALS, THE ENTIRE LIABILITY OF CLARIOS TECHNOLOGY (AND ITS SUPPLIERS) AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO CLARIOS TECHNOLOGY FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
You agree to hold harmless and indemnify Clarios Technology, its directors, officers, agents, employees, licensors, contractors, suppliers, partners and affiliates from and against any third party claim (including a claim from any of your Authorised Users) arising from or in any way related to your or any of your Authorised Users use of or inability to use Intelligent Reports Cloud and/ or Materials including any liabilities, losses, damages, costs or expenses, including litigation costs and attorneys fees, of every kind and nature.
You agree to indemnify and hold harmless Clarios Technology, its directors, officers, agents, employees, licensors, contractors, suppliers, partners and affiliates from and against all costs, liabilities, damages, expenses (including litigation costs and attorneys fees), losses and claims made against Clarios Technology as a result of any infringement of a third party's intellectual property rights arising from your or any of your Authorised Users modification of Intelligent Reports Cloud or combination of Intelligent Reports Cloud with other products.
In the event of a disagreement or dispute arising from or relating to these terms, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties agree to negotiate with each other in good faith and to take all steps necessary to attempt to find a resolution. All parties agree to keep the negotiations confidential.
These terms will be governed by the laws of the state of New South Wales, Australia and any claim arising out of these terms will be heard in New South Wales, Australia and all parties irrevocably and unconditionally agree to submit to the exclusive jurisdiction of those courts.
Both you and we agree that any dispute must be brought in the party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
You agree that we may seek injunctive relief with respect to a violation of our intellectual property rights in any appropriate jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your or any of your Authorised Users use of or inability to use Intelligent Reports Cloud or Materials must be filed within one year after such claim or cause of action arose or be forever barred.
The terms of the United Nations Convention on Contracts for the Sale of Goods does not apply to these terms.
The terms of the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
You must not use, access or provide access to Intelligent Reports Cloud in violation of any Australian government export control laws and regulations that apply to you or any of your Authorised Users.
You must not use, access or provide access to Intelligent Reports Cloud in violation of any United States government export control laws and regulations that apply to you or any of your Authorised Users.
You must not use, access or provide access to Intelligent Reports Cloud in violation of any export or trade embargo law that applies to you or any of your Authorised Users.
You must not use, access or provide access to Intelligent Reports Cloud in violation of any import restrictions or import control laws that apply to you or any of your Authorised Users.
Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (with the exception of the failure to pay fees) if the delay or failure is due to events that are beyond the reasonable control of that party, such as but not limited to a strike, war, act of terrorism, natural disaster, riot, blockade, failure or reduction of capacity of power or telecommunications or data networks or services or refusal of license by a government agency.
You agree that your subscription to Intelligent Reports Cloud is not contingent of the delivery of any future functionality or features including the availability of Intelligent Reports Cloud beyond the subscription term.
The parties are independent contractors. Nothing in these terms should be construed as constituting a partnership, joint venture, employment or agency between you and Clarios Technology.
You are not permitted to sell, charge, mortgage, or otherwise encumber Intelligent Reports Cloud or its Materials in any way.
You agree that we may identify you as a customer of Intelligent Reports Cloud in our promotional materials. We agree to promptly stop identifying you as a customer of Intelligent Reports Cloud in our promotional materials if you request us to do so by emailing us at [email protected]
We may decide to make changes to these terms from time to time. This includes changes to any policies that are included or referenced in these terms. You agree that we have the right at our sole discretion to make modifications to these terms from time to time. Any new changes will be effective of the date that they are posted. You can track any changes to these terms by referring to the date these terms were last updated.
If you object to the updated terms you agree that your exclusive remedy is to not renew your subscription to Intelligent Reports Cloud.
You agree that Intelligent Reports Cloud is an online, subscription based product and we may decide to make changes to Intelligent Reports Cloud from time to time such as but not limited to adding and removing features of Intelligent Reports Cloud. This may also include changes to the documentation for Intelligent Reports Cloud and other related materials. Subject to existing paid subscriptions, you agree that we can choose to discontinue Intelligent Reports Cloud for any reason at any time without any liability to you.
You agree that you will not assign or transfer these Terms (Agreement) without prior written consent from Clarios Technology with the exception that you may assign this Agreement to succeeding parities in the case of a merger, acquisition or change of control provided that the assignee agrees to be bound by the terms and conditions in this Agreement. Clarios Technology may assign our rights and obligations under this Agreement in whole or in part at any time at our discretion without your consent.
If you discover that you have breached any of your obligations under these terms you must immediately report the breach to Clarios Technology in writing.
If any part of these terms is held to be void, invalid, unenforceable or illegal, the rest of these terms shall continue in full force and effect.
The headings in these terms are for convenience only.
You agree that the failure of Clarios Technology to exercise or enforce any right or provision in these terms does not constitute a waiver of that right or provision.
If you have any questions about these terms of service or any other matter regarding Intelligent Reports Cloud please contact us by emailing [email protected] at any time.
If you have questions about using Intelligent Reports Cloud, please refer to our documentation for Intelligent Reports Cloud or contact us by emailing [email protected] at any time.
These terms of service supersede all prior and current oral and written communications, proposals and representations regarding Intelligent Reports Cloud and Materials as well as any other matter covered by these terms.
These terms may not be modified or amended by you without our written consent.
These terms of service constitutes the entire agreement between you and Clarios Technology relating to Intelligent Reports Cloud and Materials.