Terms & Conditions
Updated: 11th February 2022
The following terms and conditions (the “Agreement”) govern all use of the m2ecloud.com website (the "Site") and the products (the "Product") and associated services (the "Service") available on the site or via the site. In this “Agreement”, "You", "Your" or “Customer” means the person accepting this “Agreement” and the “Company” (if any) on whose behalf he/she is acting, and "We," "Us," "Our," or “Company” means M2E Limited.
Our "Service" is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized software reproduction, any code amendment, code customization or distribution of the software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under English law.
Privacy and cookies
“You” agree that there is no requirement to translate all or any portion of “Service”, “Product” or “Site” into any other language than the ones in which it appears. “You” further agree that all contractual and transactional communications between “You” and “Us” shall be in the English language, and that there is no requirement to translate any communication into any other language.
Governing law and jurisdiction
This “Agreement” will be construed in accordance with and governed by the laws of Country of England. Any legal action or proceeding relating to access to, or use of, the “Service”, the “Site”, the “Product” is subject to the exclusive jurisdiction of England.
By using or accessing any part of the “Service”, “You” agree that “You” are at least eighteen (18) years old and have read, have understood, and have agreed to be bound by all of these terms and conditions. If “You” do not agree to all of these terms and conditions, “You” must not use or access “Service”, “Product” or “Site”. If “You” are entering into this “Agreement” on behalf of a “Company”, “You” represent that “You” have the authority to bind that “Company” to the terms of this “Agreement”.
“We” reserve the right, in “Our” sole discretion, to modify or replace any of the terms or conditions of this “Agreement” at any time. “Your” continued use of the “Service” following the posting of any changes to this “Agreement” constitutes “Your” acceptance of those changes and “You” are responsible for reviewing those terms as “We” notify “You” about them. Some products or services that become available at the “Site” or via “Service” may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this “Agreement”, those additional terms and conditions will control.
“We” reserve the right to modify or terminate the “Service” for any reason, without any notice and at any time. “We” reserve the right to refuse “Service” to anyone for any reason at any time.
“You” will not (nor permit anyone else to, directly or indirectly):
- Modify or create derivatives of any part of the “Service”
- Rent, lease, or use the “Service” for timesharing or service bureau purposes, or otherwise use the “Service” for any commercial purpose
- Remove or obscure any proprietary notices on the “Service”. “Company” (and not “You”!) owns all titles, ownership rights, and intellectual property rights in and to the “Service”, and any copies or portions thereof
- Probe, scan or test the vulnerability of the “Service” or any network connected to the “Service”, and “You” will not breach the security or authentication measures on the “Service” or any network connected to the “Service”
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the “Service” or “Company's” systems or networks, or any systems or networks connected to the “Service” or to “Company”.
Disclaimer of warranties
You expressly understand and agree that:
- “Your” use of the “Service” is at your sole risk. The “Service” is provided on an "as is" and "as available" basis. The “Company” and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The “Company” makes no warranty that:
- The “Service” will meet your requirements or expectations
- That “Your” access to or use of the “Service” will be uninterrupted, timely, secure or error free
- That any defects in the “Service” will be corrected, or
- That the “Service” or any server through which “You” access the “Service” is free of viruses or other harmful components
- “You” understand that in using the “Service”, sensitive information will travel through third party infrastructures which are not under “Our” control (such as third party servers). “We” make no warranty with respect to the security of such third party infrastructures
- Any material downloaded or otherwise obtained through the use of the “Service”, “Site”, “Product” is accessed at “Your” own discretion and risk, and “You” will be solely responsible for any damage to “Your” computer system or loss of data that results from the download of any such material
- No advice or information, whether oral or written, obtained by “You” from the “Company” or through or from the “Service” shall create any warranty not expressly stated in this terms of service
Limitation of liability
“You” expressly understand and agree that the “Company” and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the “Company” has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the “Service”
- The cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the “Service”
- Unauthorized access to or alteration of “Your” transmissions or data
- Statements or conduct of any third party on the “Service”
- Any other matter relating to the “Service”
Except for the indemnification obligations of the parties set out herein, to the fullest extent permitted by applicable law, under no circumstances shall either party be liable to the other party on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any special, consequential, incidental, or exemplary damages, including but not limited to lost profits, even if a party has been advised of the possibility of such damages. Except for the indemnification and confidentiality obligations of the parties set out herein, in no event shall either party's liability exceed an amount equal to the fees paid by licensee under this “Agreement”. If “You” are dissatisfied with the software “Your” sole and exclusive remedy is to discontinue use of the “Software”.
Modification to the service and prices
The “Company” may change, suspend, or discontinue all or any part of the “Service” at any time, with or without reason. “You” acknowledge that the operation of the “Service” may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and “We” shall not be responsible to “You” or others for any such interruptions, errors or problems or an outright discontinuance of the “Service”. Prices for using “Service” are subject to change upon 14 calendar days’ notice from the “Company”. Such notice may be provided at any time by posting the changes to the “Site” or by the announcement via email.
The “Company” will process, store and use “Customer” content as generally necessary in order to perform the Services, to create new products/services, or to share, in aggregate, with “Company” partners, affiliates or “Customer’s”. “Customer” represents and warrants that it has all necessary rights in the “Customer” content to grant “Company” the right to use, and “Customer” hereby grants “Company” a non-exclusive, worldwide, royalty-free and fully paid license to use the “Customer” content. The “Company” shall be entitled to use aggregated Personal Data created from data produced under this “Agreement” for the purposes of reporting on the performance, developing and providing new and different products/services to the “Company” “Customer’s”, levels of usage and revenue of the Services (provided that such use does not identify the “Customer” or any living person). In the event of the loss of, or corruption of, “Customer” content stored on the Software being notified by the “Customer” to the “Company”, the “Company” shall, if so directed by the “Customer”, use all reasonable endeavours promptly to restore the “Customer” content from the most recent available backup copy, if available. In the event of any loss or damage to the “Customer” content, the “Customer’s” sole and exclusive remedy shall be for “Company” to use reasonable commercial endeavours to restore the “Customer” content that is lost or damaged from the latest back-up, if any, maintained by the “Company”. The “Company” shall not be responsible for any loss, destruction, alteration or disclosure of the “Customer” content caused by any third-party.
From time to time, the “Company” may invite “Customer” to try certain beta services, including pilot, limited release, developer preview, non-production, or evaluation services (“Beta Services”). “Customer” may accept or decline taking part in any such trial. Beta Services will be clearly designated as such by the “Company”. Beta Services are provided “as is” without a warranty or guarantee and are for evaluation purposes and not for production use, are not considered “Services” under this “Agreement”, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. The “Company” may discontinue Beta Services at any time and may never make them generally available. The “Company” will have no liability for, and “Customer” hereby releases the “Company” from, any liability or damage arising out of or in connection with any Beta Services.
Each party shall ensure that it complies with the requirements of all applicable legislation and regulatory requirements in force from time to time relating to the use of Personal Data, including the Data Protection Legislation. The “Company” and the “Customer” acknowledge that for the purposes of the Data Protection Legislation, the “Customer” is the Controller and the “Company” is the Processor in respect of any Personal Data that the “Customer” shares with the “Company” in the provision of the Services for the duration of this “Agreement”. The remainder of this Paragraph shall apply if the “Company” processes any Personal Data on the “Customer’s” behalf when performing its obligations under this “Agreement”.
The “Company” shall process the Personal Data only for the purposes of providing the Services, gathering feedback about the Services, performing its other obligations under this “Agreement” and otherwise in accordance with the reasonable and lawful documented instructions of the “Customer” and applicable laws. Other than as expressly set out in this “Agreement”, the “Company” shall not process the Personal Data in any country outside the European Economic Area (“EEA”) (or following the United Kingdom’s departure from the European Union, outside the United Kingdom and the EEA) without the prior written request from, or consent of, the “Customer” and the “Company” shall comply with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred by following one of the following safeguards:
- Entering into the European Commission’s standard contractual clauses for the transfer of Personal Data to processors established in third countries which do not ensure an adequate level of protection, as updated, amended, replaced or superseded from time to time;
- Where the relevant country has been deemed to provide an adequate level of protection for Personal Data by the European Commission; or
If the “Company” is required by applicable laws to transfer the Personal Data outside of the EEA (or following the United Kingdom’s departure from the European Union, outside the United Kingdom and the EEA), the “Company” shall inform the “Customer” of such requirement before making the transfer (unless the “Company” is barred from making such notification under the relevant applicable law).The “Company” shall ensure that all persons authorized by it to process the Personal Data are subject to appropriate duties of confidentiality and shall have at all times during the term of this “Agreement” appropriate technical and organizational measures in place to protect any Personal Data against unauthorized or unlawful processing and against accidental loss, alteration, destruction or damage (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons). The “Company” shall at the “Customer’s” election, delete or return all Personal Data to the “Customer”, and delete all existing copies unless applicable law requires their retention. The “Company” shall (at the “Customer’s” cost) make available to the “Customer” all information reasonably necessary to demonstrate compliance with the obligations set out in this paragraph, and at the “Customer’s” request (and at the “Customer’s” cost) allow for and contribute to audits, including inspections, conducted by the “Customer” or its representative. The “Company” shall without undue delay from becoming aware, notify the “Customer” of any unauthorized or unlawful processing of any of the Personal Data to which this Paragraph applies and of any loss or destruction or other damage and shall take reasonable steps to mitigate the detrimental effects of any such incident on the Data Subjects and co-operate with the “Customer” in dealing with such incident and its consequences. The “Company” shall provide reasonable assistance to the “Customer” in ensuring its compliance with its obligations under the Data Protection Legislation in respect of security of Personal Data, notifications of breaches of Data Protection Legislation to supervisory authorities, communications of breaches of Data Protection Legislation to Data Subjects, the carrying out of data protection impact assessments and any consultations with supervisory authorities. The “Company” shall assist the “Customer”, where reasonably requested by the “Customer” (and at the “Customer’s” cost) and to the extent possible, with fulfilling the “Customer’s” obligations to respond to requests from a Data Subject for access to, rectification, erasure, or portability of, or for restriction of, or objections to, the Processing of, that Data Subject’s Personal Data.
The “Customer” acknowledges and agrees that the “Company” may engage third party sub-Processors in connection with the Processing of such Personal Data and to meet its obligations under the “Agreement” from time to time. In such circumstances the “Customer” hereby authorizes the “Company” to engage with such third-party sub-Processors and in respect of the “Company” use of sub-Processors the “Company” shall inform the “Customer” of any intended changes concerning the addition or replacement of other sub-Processors, thereby giving the “Customer” the opportunity to object to such changes. The “Company” confirms that it has entered or (as the case may be) will enter with the sub-Processor into a written “Agreement” incorporating terms which are substantially similar to those set out in this Paragraph.
If the “Company” appoints sub-Processors who process Personal Data outside the EEA, the “Company” shall notify the “Customer” of such sub-Processors and the jurisdiction in which Personal Data shall be processed and the paragraph above shall apply in respect of any objection by the “Customer”.
Where the “Customer” provides Personal Data to the “Company”, the “Customer” shall ensure that any disclosure of Personal Data made by it to the “Company” is made with the Data Subject’s consent or is otherwise lawful and any instructions given to the “Company” by the “Customer” are lawful. The “Customer” acknowledges that the “Company” is reliant on the “Customer” for direction as to the extent to which the “Company” is entitled to use and process the Personal Data. Consequently, the “Company” will not be liable for any claim brought by a Data Subject arising from any action or omission by the “Company”, to the extent that such action or omission resulted directly from the “Customer’s” instructions.
The Subscription Term is either a period of one year for an annual subscription, or a period of 30 calendar days (“one month”) for a “monthly” subscription. During the Subscription Term the Registered User receives permission to use the “Service” and the payment of the Subscription Fee is required. Annual subscriptions are renewed automatically unless cancelled at least 45 calendar days of the annual subscription expiry date.
Subscription Fee is based upon the Subscription Plan that the Registered User has chosen. Fees are to be paid in advance and are non-refundable. When a user exceeds agreed monthly/annual allowance, a variable fee is payable. “Customers” who opt to use “Service” as an additional tool are doing so at their own discretion and are liable to pay their fees in full.
The “Service” is made available through a several subscription plans. The “Company” retains the right to change subscription plans at any time by publishing the new pricing structure to the “Site” and notifying existing “Service” recipients by email. “Service” recipient will then get the option to accept the new subscription plan, or “Service” recipient has the right not to accept the new subscription plan in which case the “Service” for such recipient will get terminated after 30 calendar days following the new subscription plan announcement. It is the sole user’s responsibility to ensure that the chosen subscription level accurately reflects the actual service usage.
Subscription upgrade / downgrade / switch
Upgrade for both annual and monthly subscriptions can be requested at any time and take place immediately, the subscription cost difference between lower and higher plans is collected.
Downgrade for both annual and monthly subscriptions can be requested at any time, the downgrade change is reflected in the next billing cycle. No refunds or credits are granted.
Switch from an annual subscription to monthly subscription must be requested by email, but no later than 14 calendar days of the annual subscription expiry date.
A “service” recipient may terminate "subscription" by giving the “Company” a termination notice. “Service” can be terminated at the end of the billing period or with an immediate effect.
To serve the termination notice, the recipient should log in to "My Account" section and press "Cancel Subscription" button. Once the cancellation has been initiated, the “service” recipient should receive a "cancellation request" confirmation email. Should the “service” recipient not receive the "cancellation request" email, he/she should contact the “Service” support team by email.
Automated subscription cancellation
The “Company” collects monthly fees by using automated billing system. Once a billing period has been completed, payment is taken automatically. If for some reason a subscription payment has not been received, our system will make 4 additional attempts over the period of 5 calendar days. If all attempts are unsuccessful, the subscription will be automatically terminated. The “Company” may charge an administration fee for a subscription re-activation. Avoidance of paying subscription fees for the service used may result in a legal action.
New users are given 30 calendar days (from the initial registration date) to decide whether they would like to continue benefiting from “Service”. During initial (30 days) period no subscription is required and “the Service” (including that of support) is provided in full (without limitations). Once a subscription plan is chosen and a payment is submitted, no refunds (full or partial) will be granted. Above described “refunds policy” is fully compliant with The U.K. Consumer Rights Act 2015 for “digital content”.