1. Introduction

Welcome to Solara Cloud, a service provided by 28software Sp. z O.O. (“Company”, “we”, “our”, “us”). We kindly ask you to take a moment to thoroughly read through our Terms of Service. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://solaracloud.ai, operated by 28software Sp. z O.O.. By accessing or using our Service, you agree to be bound by these Terms (“Agreements”). If you do not agree with any part of these Agreements, please do not use our Service and contact us at howdy@solaracloud.ai to discuss any concerns. These Terms apply to all visitors, users, and others who access or use our Service. Thank you for your cooperation.

2. Communications

By creating an Account on our Service, you consent to receive newsletters, marketing or promotional materials, and other information from us. However, you can opt out of these communications at any time by following the unsubscribe link provided in the emails or by contacting us directly at howdy@solaracloud.ai.

3. Purchases

If you wish to purchase any product or service through our Service (“Purchase”), you may be required to provide certain information, including your bank account details or credit card number, expiration date, billing address, and shipping information. You confirm that you have the legal right to use the payment method provided and that the information you supply is accurate and complete. We may use third-party services to facilitate payment and order fulfillment. By providing your information, you authorize us to share it with these third parties. We reserve the right to refuse or cancel your order at any time, including but not limited to situations where fraud or unauthorized transactions are suspected.

4. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or promotions (collectively, “Promotions”) offered through our Service may be governed by separate rules. If you participate in any Promotions, please review the applicable rules. If there is a conflict between the Promotion rules and these Terms of Service, the Promotion rules will prevail.

5. Subscriptions

Some parts of our Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either monthly or annually, depending on the subscription plan you select. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel it or we do. You can cancel your Subscription renewal through your online account management page or by contacting our customer support team. A valid payment method is required to process the payment for your subscription. By providing payment information, you authorize us to charge all Subscription fees to your payment method. If automatic billing fails, we will issue an electronic invoice for manual payment.

6. Free Trial

We may offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up for the Free Trial. You will not be charged until the Free Trial period ends. If you do not cancel your Subscription before the Free Trial ends, you will be charged the applicable Subscription fees. We reserve the right to modify or cancel the Free Trial offer at any time without notice.

7. Fee Changes

We reserve the right to modify Subscription fees at any time. Any fee changes will take effect at the end of the current Billing Cycle. We will provide you with reasonable prior notice of any fee changes. Your continued use of the Service after the fee change takes effect constitutes your agreement to pay the modified fee.

8. Refunds

Except where required by law, Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and are responsible for protecting those rights. We reserve the right to monitor and edit all Content provided by users.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

•        In any way that violates any applicable national or international law or regulation.

•        For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.

•        To transmit, or procure the sending of, any advertising or promotional material without our prior consent.

•        To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

•        In any way that infringes upon the rights of others, or is illegal, fraudulent, or harmful.

•        To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service.

Additionally, you agree not to:

•        Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.

•        Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose.

•        Use any manual process to monitor or copy any of the material on the Service without our prior written consent.

•        Use any device, software, or routine that interferes with the proper working of the Service.

•        Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

•        Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

•        Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

•        Take any action that may damage or falsify the Company’s rating.

•        Otherwise attempt to interfere with the proper working of the Service.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service, including:

•        Google Analytics

•        Firebase

•        Fathom Analytics

•        Piwik / Matomo

•        Clicky

•        Cloudflare Analytics

•        Statcounter

•        Flurry Analytics

•        Mixpanel

•        Unity Analytics

12. No Use By Minors

Our Service is intended only for individuals who are at least eighteen (18) years old. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years old and have the authority to enter into this agreement and comply with these Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the Service.

13. Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

14. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of 28software Sp. z O.O. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 28software Sp. z O.O..

15. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) by contacting us directly at howdy@solaracloud.ai or through third-party sites and tools. You acknowledge and agree that you will not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback. Company may have development ideas similar to the Feedback. Feedback does not contain confidential information or proprietary information from you or any third party. The Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose.

16. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by 28software Sp. z O.O.. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites. You acknowledge and agree that 28software Sp. z O.O. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

17. Disclaimer of Warranty

The services provided by the Company are on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of their services or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

18. Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

19. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

21. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

22. Amendments to Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

23. Waiver and Severability

The Company’s failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If the Company waives any term or condition of these Terms, it shall not be construed as a further or continuing waiver of that term or condition or as a waiver of any other term or condition. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be removed or limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

24. Acknowledgement

BY USING THIS SERVICE OR ANY OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.