Term of use Orangekloud
The following terms shall have the meanings ascribed to them below, unless inconsistent with the context or otherwise provided:
1. “Orangekloud” means a company Orangekloud Inc. with its registered office at 162 S Park, San Francisco, CA 94107 USA.
2. “End User” means an internal user who subscribes to a license for Orangekloud eMOBIQ™ Platform.
3. “eMOBIQ™ Platform” is a mobile extension for companies who uses backend ERP packages that comprises:
A. Orangekloud eMOBIQ™ Platform Application is a native mobile application for Microsoft Dynamics CRM with cross-platform support.
B. Orangekloud eMOBIQ™ Platform Woodford is a customization and administration tool for Orangekloud eMOBIQ™ Platform Application.
4. “Documentation” means the technical information, manuals, operation instructions, help files, handbooks, and other publications, in electronic form, provided by Orangekloud in LiveChat Support of Orangekloud eMOBIQ™ Platform.
5. “Support” means the support services provided directly by Orangekloud Support team either by email or by phone for Orangekloud eMOBIQ™ Platform Product during the License period.
6. “Maintenance” means the services that are provided by Orangekloud, particularly:
1. to repair, replace or provide an upgrade of the Orangekloud eMOBIQ™ Platform,
2. to provide enhancements updates or major releases of the Orangekloud eMOBIQ™ Platform (including media and Documentation) when generally made available by Orangekloud to any of its End Users.
7. “Authorized Rights” means an End User`s right to:
a use the Orangekloud eMOBIQ™ Platform Application for End User`s internal purposes;
b. adopt, customize, localize, translate and integrate the Orangekloud eMOBIQ™ Platform Application in any manner in connection with End User`s internal purposes.
8. “Business day” means every official working day of the weekday (other than Saturday or Sunday or a public holiday in USA).
9. “License period” means a period of validity of the license granted for Orangekloud eMOBIQ™ Platform conditional upon timely payment of the full amount of License Fees.
10. “License Fee Payment” means a payment for license for Orangekloud eMOBIQ™ Platform the amount of which depends on the selected type of the license: subscription (yearly Basis)/subscription (monthly Basis) model as follows:
|Description||One Time (USD)||Per month(USD)||Per year(USD)|
|eMobiq subscription Fee +||||250||3,000|
|eMobiq developer subscription fee (on demand basis)||||250|||
|Public instance from Azure *||||120||1,440|
" License Fee Payment” means a payment for license for Orangekloud eMOBIQ ™ Platform the amount of which depends on the selected type of the license: subscription (yearly Basis)/subscription (monthly Basis) model as follows:
Note: + per entity/organisation only. * Customer to have the compiled app on a public cloud.
11. “Material breach” mean a substansial failure in the performance of this terms and conditions, significant enough to release the aggrieved party from its obligation and accrues to it the right to sue for damages, particulary but not exclusively breach of any payment terms.
End User hereby acknowledges that the license for Orangekloud eMOBIQ™ Platform shall be activated within 2 (two) Business days of receipt of relevant License Fee Payment by Orangekloud, unless agreed later date for activation of license.
3. TERMS AND TERMINATION
1. The license shall be effective for a definite period of time, from the day of activation of the license until its expiration, unless terminated earlier. The term of the license depends on the selected type of the license model: subscription model (yearly Basis) / (monthly Basis) and therefor the license term shall start on the day of activation of the license and shall continue for a period of one (1) year/ one (1) month.
2. End User, who has selected the subscription model (monthly Basis) and checks the box “Enable auto-renewal for this order“, hereby acknowledges, that by enabling automatic billing, End User`s subscription will be automatically renewed before the license expires, avoiding usage interruptions in a highly secure environment and in order to terminate the auto-renewal it is necessary to disable the auto-renewal option by End User in writing to Orangekloud one (1) month before the next renewal.
3. The license may be terminated before its expiration only for cause, where cause shall be deemed to have occurred if:
a. the non-breaching Party has notified the breaching Party in writing of a Material Breach of these Terms and Conditions and
b. a. the breaching Party has not cured such breach within ten (10) days of receipt of notice from the non-breaching Party.
4. In the event that the License is terminated earlier, End User hereby acknowledges that is not entitled to, and hereby waive claims for any (even an aliquot part of) License Fee already paid to Orangekloud. End User hereby agrees that is not entitled to, and hereby waives claims for lost profits and all other damages and expenses incurred in connection with aforesaid termination.
5. End User hereby acknowledges that failure to pay the License and Maintenance Fee payments for licenses for Orangekloud eMOBIQ™ Platform shall be deemed as a breach of this Agreement and cause for termination of this Agreement, and therefore Orangekloud has the right to immediately deactivate all licenses for which the License and Maintenance Fee payment has not been timely paid.
6. End User hereby grants to Orangekloud the right to use the End User’s name and logo as a commercial reference without express and written consent of End User.