Last updated: April, 2021
These Terms and Conditions constitute a legally binding agreement made between you, whether personally as a professional, or on behalf of an entity (“You”) and Bitergium SLL (“Cauldron”, “we,” “us” or “our”), concerning your access to and contracting Cauldron Cloud (“Product”) through https://cloud.cauldron.io/ Cauldron(“Website”).
You agree that by contracting our Product through our Website , you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not contract our Product and cease using our Website immediately.
You confirm that you are fully able and entitled to accept these Terms and Conditions governing the purchase of the Product. This service is only available for professionals and you represent that you are not a consumer or a minor.
1. Product Description. The Product offered by Cauldron consists of a monthly subscription to access a cloud instance, which includes an affiliation management system, Cauldron as described more fully at https://cloud.cauldron.io/
2. Pricing. The Product will have a monthly fixed price that may change due to periodic discounts and promotions previously announced at https://cloud.cauldron.io/ page. The Product price may be changed at any time in advance by Cauldron and prices are at https://cloud.cauldron.io/
3. Payment Methods. Payment of the price will be made through our payment gateway provider Stripe Inc. The data you enter about your credit or debit card will be provided directly to Stripe Inc. and are therefore not entered or recorded on any Cauldron server and will be processed in accordance with Stripe's legal terms and conditions. When paying by credit or debit card you will always be asked for the following details: the card number, the expiry date, and a Validation Code which matches the last three digits of the number printed in italics on the back of your card, thus providing further assurance of the security of the transaction.
4. Delivery. Once the Product payment has been received, Cauldron will send a confirmation email together with the invoice. The Product will be deployed in less than two (2) hours period, and you will be notified by email when the instance is ready to use.
5. Renewal and cancellation.. Your subscription to the Product will automatically renew each month, unless you decide to cancel your subscription for the following month, for which you will need to contact us at firstname.lastname@example.org.
6. Refunds Refunds will be issued by Bitergia only if the delivery is not made on time or if payment is processed but we cannot provide the Product due to any reasons of force majeure or otherwise outside our control. In the case You have not received the Product in 24 hours since the purchase has been validated, please send a refund request to email@example.com. and provide with your contact details and the invoice or Bitergia will not be able to process the refund request. In the event that the refund request is approved by Bitergia, Bitergia will automatically make the refund to the same credit or debit card provided and the amount will be refunded without additional charges, notwithstanding the foregoing, charges that were made on the first purchase will not be refunded.
7. Intellectual Property Cauldron reserves title to the intellectual property rights in the Product. Cauldron hereby grants you a revocable, non-transferable license to use the Product during the term of the subscription.
8. Warranty. Cauldron will provide the Product in a professional and diligent manner, in accordance with the applicable regulations. Except for this express warranty, to the maximum extent permitted by applicable law, Cauldron makes no other warranties, express or implied, with respect to the Product, and Cauldron disclaims any warranty of fitness or satisfactory quality of the Product.
9. Limitation of Liability. Except to the extent permitted by applicable law, Cauldron shall not be liable for any indirect loss, including, but not limited to, loss of profits or business opportunity, goodwill or reputation, business interruption with respect to business arising out of or in connection with illegal and/or contrary to the provisions of the Terms and Conditions. You agree that Cauldron shall not be responsible for the information obtained from the Public Repositories that may be integrated into the Product. Cauldron will only be liable for direct loss up to the price paid for the Product.
10. Support. Should any error or incident occur in the course of the purchase or delivery of the Product, please contact Cauldron at firstname.lastname@example.org to report it and we will try to respond within a reasonable period of time.
13. Notifications. You agree to receive emails from us regarding our Product. Cauldron will not provide your email address to third parties. Cauldron may contact you to provide You with information and send You service notifications regarding the Product, or as otherwise required by law. You acknowledge and agree that such notifications will be effective at the time Cauldron sends them to You by email. If You do not provide Cauldron with accurate information, Cauldron cannot assume any liability in the event that we are unable to notify you.
14. Force majeure Cauldron shall not be liable for failures or delays in performance due, in whole or in part, to facility failures (including electric supply), Internet failures, telecommunications or computer service failures, strikes, acts of war or terrorism, denial of service attacks or other computer attacks or breaches affecting Cauldron, floods, sabotage, fires, other natural disasters, or any other causes beyond Cauldron's reasonable control.
16. Jurisdiction and Governing Law. These Terms and Conditions shall be governed by Spanish law. All disputes, discrepancies or claims resulting from the interpretation, execution, breach, termination, or nullity of this contract or related to it, directly or indirectly, shall be submitted, with express waiver of any other jurisdiction that may correspond to them, to the Courts of Madrid, Spain.