Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General provisions

1.1. Rock It Systems Spółka z ograniczoną odpowiedzialnością (hereinafter referred to as Rock It Systems Sp. z o.o ) offers an Internet user (hereinafter referred to as the User) to use the DataCloud service available at: https://datacloud.guru (hereinafter referred to as the Platform).

1.2. Use of the Platform is subject to these Terms and the Privacy Policy.

1.3. Starting to use the Platform, its individual functions, the User is considered to have accepted these Terms, as well as the terms of all the above documents, in full, without any reservations or exceptions. If the User disagrees with the provisions of these documents, the User is not entitled to use the Platform.

1.4. These Terms, as well as the above documents, may be changed by Rock It Systems Sp. z o.o without any special notice, the new version of the Terms and these documents comes into force from the moment they are posted on the Internet as specified in this clause and clause 1.2 of these of the Terms to addresses, unless otherwise provided by the new version of the Terms and the specified documents. The current version of the Terms is always located on the page at: https://datacloud.guru/terms.php

1.5. If Rock It Systems Sp. z o.o has made any changes to these Terms in the manner provided for in clause 1.4 of these Terms, with which the User does not agree, he is obliged to stop using the Platform.

1.6. Through the Platform, the User may be able to conclude a separate contract or agreement, including a paid one, between Rock It Systems Sp. z o.o and the User or the person on whose behalf the User acts or acts, regarding the use of web services, services or software products that allow remote use of certain categories of resources of the Platform, and unless otherwise specified by such a person, the User is considered to be speaking and acting on behalf of such a person.

1.7. From the moment of the conclusion of the contract or agreement specified in clause 1.6 of these Terms, all relations regarding the use of the Platform by the User or the person on whose behalf the User acts or acts, with the exception of those that are not regulated by such an agreement or agreement, are governed by the terms of such an agreement or agreement.

1.8. By using the Platform, the User agrees to receive advertising and informational messages. The User has the right to refuse to receive messages by using the appropriate functionality of the Platform or by following the instructions specified in the received message.

1.9. LLC "Rocque Systems" can provide the User with a translation of these Terms from English into other languages, however, in the event of a conflict between the provisions of the Terms in other and their translation, only the English version of the Terms shall be legally binding.

1.10. The laws of the United Kingdom shall apply to these Terms and relations regarding the use of the Platform. Any claims or lawsuits arising from these Terms or the use of the Platform must be filed and adjudicated in the court at the location of Rock It Systems Sp. z o.o.

2. Use of the Platform. Separate functions of the Platform

2.1. The Platform offers the User the opportunity to get acquainted free of charge with information about the Platform and the services available through the Platform, as well as use the explicit functions of the Platform, consisting of hardware and software located on the infrastructure of Rock It Systems Sp. z o.o, subject to the provisions of clauses 1.6 and 1.7 of these Terms.

2.2. To use all or some of the functions of the Platform, the User must use an account by logging in to the Platform using the User's account on the services of Rock It Systems Sp. z o.o.

2.3. The use of the Platform is possible only if you have access to the Internet. The user independently receives and pays for such access on the terms and according to the rules of his telecom operator or Internet access provider.

2.4. The Platform must be used solely for the achievement by the User of lawful and bona fide purposes. Any use of the Platform in violation of this clause, including posting on the Internet or on virtual servers of Rock It Systems Sp. z o.o information and materials that violate applicable law, the rights of third parties or the documents specified in clause 1.2 of these Terms, is prohibited and is the basis for applying to To the user of the liability measures specified in these Terms.

2.5. The User may be able to create and manage the services and software of the User, both by the User himself and by persons to whom the User has granted access to such functionality of the Platform. At the same time, the User is obliged to bring to the attention of these persons the provisions of these Terms and the documents specified in clause 1.2 of these Terms, unless otherwise provided subject to clause 1.6 and clause 1.7 of these Terms.

2.6. The use of the services and software of the User specified in clause 2.5 of these Terms by third parties is provided and controlled by the User without the participation of Rock It Systems Sp. z o.o.

2.7. The User gives Rock It Systems Sp. z o.o and its affiliates consent to the processing of the User's personal information, as this term is defined in the Privacy Policy (https://datacloud.guru/privacy-policy/), and the persons specified in clause 2.5 of these Terms, LLC "Rocque Systems" for the purpose of providing the functionality of the Platform, for the transfer of LLC "Rocque Systems" (including cross-border) personal information of the User and these persons, persons acting on behalf and order of LLC "Rocque Systems" and its affiliates, as well as third parties for the same purposes, as well as obtaining such information from affiliates of Rock It Systems Sp. z o.o, as well as third parties for the same purposes, as well as the purposes provided for by law, including for the purposes of exercising the rights and legitimate interests of Rock It Systems Sp. z o.o and third parties. Rock It Systems Sp. z o.o transfers only that personal information of the User and the indicated persons, which is necessary for the specified purposes. The processing by Rock It Systems Sp. z o.o of the personal information of the User and the indicated persons, as well as other information uploaded, transmitted and provided by the User and the indicated persons through the Platform, is carried out on the terms of the Privacy Policy posted on the Internet at https://datacloud.guru/privacy -policy/, insofar as it does not contradict these Terms and Clauses 1.6 and 1.7 of these Terms.

2.8. The User is hereby notified, understands and agrees that Rock It Systems Sp. z o.o may collect statistical data on the use of the Platform.

2.9. The User agrees that when using the Platform to create and manage the specified in clause 2.5. of these Terms by the services and software of the User, such services and software, as well as all the content included in them, can be placed on the software and hardware resources of Rock It Systems Sp. z o.o, both with an indication of the author and / or copyright holder, and without it, without obligation provide reports on the use of such services and software, without the need to obtain special permission from the User and without paying any remuneration, without limiting the territory from which these services and software can be available to the User and third parties, and the territory where LLC resources are located Rocque Systems", which may host copies of such services and software, during the period from the moment such services and software are placed by the User on the resources of Rock It Systems Sp. z o.o, until the removal of such services and software from the resources of Rock It Systems Sp. z o.o, may be placed together with the results of intellectual activity the value of any persons, regardless of the artistic value of such results, in any sequence. At the same time, the User acknowledges and agrees that Rock It Systems Sp. z o.o is not obliged to view and become familiar with such services and software (is not obliged to moderate them). If the User is not entitled to grant Rock It Systems Sp. z o.o the specified rights to use any service, software, their components or their content, he is obliged to refrain from posting such service, software.

3. Other terms

3.1. The Platform is provided on an "as is" basis. Rock It Systems Sp. z o.o does not provide any guarantees regarding the error-free and uninterrupted operation of the Platform or its individual components and / or functions, the compliance of the Platform with the specific goals of the User, does not provide any other guarantees not expressly specified in these Terms.

3.2. Rock It Systems Sp. z o.o is not responsible for any direct or indirect consequences of any use or inability to use the Platform and / or losses caused to the User and / or third parties as a result of any use, non-use or inability to use the Platform or its individual components and/or functions, including due to possible errors or failures in their operation, except as expressly provided by law.

3.3. Rock It Systems Sp. z o.o has the right to set any limits and restrictions on the use of the Platform, and may change them at its own discretion, without prior notice to the User.

3.4. Rock It Systems Sp. z o.o has the right, at its discretion, to restrict or completely block the User's access to the use of the Platform (or to the use of certain functionality of the Platform, if technologically possible) in case of violation of these Terms, or to take other measures against the User in order to comply with the requirements of the law, rights and legitimate interests of Rock It Systems Sp. z o.o and third parties.

3.5. Rock It Systems Sp. z o.o has the right, at its own discretion, without notifying the User and without giving reasons, at any time to block the access of the persons specified in clause 2.5 of these Terms, unless otherwise provided subject to clauses 1.6 and 1.7 of these Terms.

3.6. All questions and claims related to the use/inability to use the Platform, as well as possible violation of the law and/or rights of third parties, should be sent to the email address [email protected].

TERMS OF PAYMENT AND REFUNDS

The limited liability company "ROCQUE SYSTEMS" (hereinafter referred to as "ROCQUE SYSTEMS" LLC) offers Internet users cloud services (hereinafter service) in accordance with the Terms, Tariffs and these Payment Terms.

1. Basic provisions 1.1. Payment for services is made after registration and authorization on the datacloud.guru portal.

1.2. Payment is made by topping up a personal account using a bank card for clients of natural persons or by issuing and paying an invoice for clients of legal entities.

1.3. After making a payment with a bank card, the user receives an electronic check to the e-mail specified during payment.

1.4. At every moment of time, LLC "Rocque Systems" keeps an automatic account of the user's active Virtual Machines, as well as other billable objects and ordered additional services.

1.5. If the user's balance reaches zero or a negative value, all the user's virtual machines will be deleted automatically and without additional messages.

1.6 Creation and launch of Virtual Machines is possible only after the next replenishment of the personal account.

1.7. In case of long-term lack of funds on the client's personal account, "Rocque Systems" LLC has the right to delete all user objects without additional notice.

1.8. Tariffs for services are monthly, quarterly, and yearly, rounding to the nearest second is used. Tariffing begins from the moment of creation or launch of the object subject to tariffing.

2. Payment by bank cards issued outside European Union

2.1. When paying for services with a bank card whose currency is different from the PLN, EURO, funds are credited to the account balance in dollars at the retail rate at the time of payment.

2.2. The amount displayed on the account balance in a currency other than the US dollar may vary depending on the current retail exchange rate.

2.3. The amount displayed on the account balance in US dollars does not change depending on the exchange rate.

3. Security of payments

3.1. When paying for an order by bank card, payment processing (including entering the card number) takes place on a secure page of the processing system that has passed international certification. This means that your confidential data (including card details and other banking data) does not reach vmtop, its processing is completely protected.

When working with bank card data, an information protection standard developed by international payment systems Visa and MasterCard — Payment Card Industry Data Security Standard (PCI DSS) — is used, which ensures safe processing of bank card details. The data transfer technology used guarantees the security of bank card transactions by using Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with the highest degree of protection.

4. Terms of refund

4.1. "Rock It Systems" Sp. z o.o does not provide refunds for used cloud services.

4.2. "Rock It Systems" Sp. z o.o returns unused funds to the client's personal account. In case of lack of funds in the client's personal account, the provision of services to the client will be terminated after making use of unused funds.

4.3. "Rock It Systems" Sp. z o.o does not return to the client any funds that arose as a result of the provision of discounts, accrual of welcome, incentive or marketing bonuses or promotions.

4.4. For payments made with a bank card whose currency is different from the PLN, EURO or USD, only unused funds can be refunded, the refund amount may differ from the first top-up due to changes in the retail exchange rate at the time of the transaction.

Publication date: 11/25/2022.