Disclaimer and Limited Warranty
The Sunshower Platform is software as a service provided by Sunshower.io by way of the internet. You (hereinafter “You” or“User”) expressly acknowledge that the Sunshower Platform may contain, or be prone to bugs, errors or other problems that could cause loss of data stored in the platform (including data input by you or produced for you by the Sunshower Platform – hereinafter “User Data”), inconsistent performance, incorrect results and other failures including, but not limited to system interruptions and data loss.
THE SUNSHOWER PLATFORM INCLUDING ANY ASSOCIATED DOCUMENTATION IS PROVIDED “AS IS”. TO THE EXTENT AUTHORIZED BY LAW, SUNSHOWER.IO MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SUNSHOWER PLATFORM OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNSHOWER.IO ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SUNSHOWER.IO PLATFORM WITH OTHER PRODUCTS OR SERVICES.
In particular, Sunshower.io does not represent or warrant, and disclaims any representation or warranty that:
the Sunshower Platform will meet Your requirements;
provision of the Sunshower Platform will be continuous, timely, secure or uninterrupted;
data will not be lost or altered by reason of defect in the Sunshower Platform or any computing resources, as made available by Sunshower.io, whether by reason of negligence or not;
the Sunshower Platform will be error free;
errors resulting from use of the Sunshower Platform will be corrected;
the Sunshower Platform will accept data from, provide data to, or otherwise operate in conjunction with any other software program; and
security measures used in the provision of the Sunshower Platform will meet your requirements.
Use of the Sunshower Platform
In connection with these ToU and subject to the restrictions set forth herein, Sunshower.io hereby grants to you, a royalty-free, limited, non-exclusive, non-transferable license to use the Sunshower Platform as provided by Sunshower.io exclusively for your benefit.
Sunshower.io reserves the right in its sole discretion to edit, add to or delete any of the documentation, services, or other components of the Sunshower Platform from time to time without prior notice. Furthermore, Sunshower.io shall have the right at any time and from time to time to modify the Sunshower Platform or components thereof as Sunshower.io may determine in its sole discretion.
You acknowledge and agree that Sunshower.io may discontinue the provision of the Sunshower Platform to you at any time without notice, and terminate the ToU
You acknowledge and agree that no product or service of Sunshower.io or its affiliates (including other cloud services) other than the Sunshower Platform as provided by Sunshower.io shall be deemed to have been licensed, or provided to You under the ToU.
You shall have no right to grant any rights to the Sunshower Platform or any component(s) thereof.
Except for the rights granted to You hereunder, You shall have no right, title or interest in and to the Sunshower Platform or any component(s) thereof, including, without limitation, the Documentation, or to any of the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.
You shall not perform, or aid others in performing, penetration tests, DDoS attack test or any kind of security test on the Sunshower Platform.
When accessing the Sunshower Platform, you agree that you will:
properly identify yourself using user credentials registered with Sunshower.io;
not misrepresent your identity or authorization to act on behalf of others;
not use, misuse or otherwise access the Sunshower Platform in any way which may impair the functionality of the Sunshower Platform or impair the ability of other users to use services provided by Sunshower.io or impair the ability of Sunshower.io to deliver the Sunshower Platform to others;
not attempt to view, access or copy any material or data other than that to which You have been authorized to access;
not extract data or store data output by the Sunshower Platform solely for display;
correctly identify the sender of all electronic transmissions sent through the Sunshower Platform;
not modify the Sunshower Platform as provided by Sunshower.io in any way (including without limitation, modifying any services);
not disassemble, decompile, copy, reverse engineer, translate or make derivative works of any software, protocols or other components used as part of, or in the delivery of the Sunshower Platform;
use the Sunshower Platform for lawful purposes only, and in accordance any applicable legislation or administrative rule; and
You further agree that you will not attempt to compromise the functionality, security or integrity of the the Sunshower Platform or any infrastructure used in its delivery, or assist others in so doing. You also agree to reasonably assist Sunshower.io in preventing unauthorized access to, or use of, the Sunshower Platform.
The term of these ToU shall commence upon the User’s acceptance of the ToU and shall terminate upon the earlier of (i) termination of this ToU by Sunshower.io for any reason (including breach of any of its terms) (ii) discontinuation of the provision of the Sunshower Platform to you; (iii) termination of any applicable Sunshower Platform agreement between Sunshower.io and you, your employer, or the party for whom you act.
Upon any expiration or termination of these ToU, the rights and licenses granted to you under these ToU or otherwise shall immediately terminate, and you shall immediately cease using the Sunshower Platform. Upon termination or expiration Sunshower.io shall cease providing the Sunshower Platform to you, and will cease providing you access to the Sunshower Platform. Upon termination, Sunshower.io shall have no obligation to maintain data input by you using the Sunshower Platform (including any data relating to your customers), and may arrange for the immediate deletion of such data associated with the Sunshower Platform.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL SUNSHOWER.IO, ITS AFFILIATES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SUNSHOWER PLATFORM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DISCLOSURE OF INFORMATION OR DATA, LOSS OF DATA, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUNSHOWER.IO OR AN AFFILIATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SUNSHOWER.IO, ITS AFFILIATES NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY ON ACCOUNT OF LOSSES OR DAMAGES SUFFERED AS A RESULT OF FINANCIAL STATEMENTS OR OTHER RECORDS PREPARED IN WHOLE OR IN PART WITH THE SUNSHOWER PLATFORM BEING INACCURATE OR NOT CONFORMING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, HOWSOEVER ARISING.