Terms and Conditions

Home - Terms and Conditions

Terms of Use

This is an Agreement (“Agreement”) between 1CLX (“1CLX”), having an office and place of business at Suite No.3, 1250 S A W Grimes Blvd, Round Rock, Texas – 78664, USA and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”). 1CLX makes information, products, and services available on this website, subject to the following terms and conditions (“Terms”). By accessing this site, you agree to be bound by these Terms. Further, your use of this website is subject to those additional terms and conditions provided by 1CLX and, subject to 1CLX’s sole discretion, applicable to certain information, products, and services offerings available through this website. The Additional Terms include, but are not limited to, sales agreements, receipts, license agreements, supplementary user agreements, and the Privacy Policy and other agreements (collectively, “Additional Terms”). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). 1CLX reserves the right to change these Terms, and/or the products, services, prices, and programs mentioned in this website, at any time, at its sole discretion, without notice. 1CLX reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.

If you are using this website on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer’s behalf. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this website under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to use this website or transmit or otherwise submit personal information to 1CLX.

1. Description of Service

1CLX provides software as a web service, named 1CLX (hereinafter referred to as “Service” or “Services”). The Service is offered and provided subject to the terms and conditions of this Agreement. The Customer shall connect to the Service using any internet browser or mobile application supported by the Service. The Customer is responsible for obtaining access to the internet and the equipment necessary to access the service.

2. Modification of Terms of Service

1CLX reserves the right to update and change the Terms of Service from time to time; an updated version will be published on our website at the terms of service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at terms of service.

3. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and/or other illegal purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

4. Payment, Refund, and Subscription Terms

4.1. The subscriptions are billed on a monthly and/or annual basis. In both cases, the amount billed is non-refundable. There will be no refunds or credits for partial months of service.

4.2. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current term.

4.3. Information on the subscription options and charges for all paid Services is available in the pricing page of our website.

4.4. 1CLX reserves the right to change the subscription fee from time to time.

4.5. In case of non-payment for any reason or any violation of these terms, 1clx shall be entitled – without liability – to immediately bar the Customer’s access to the Service.

5. Data ownership & Privacy

1clx does not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.

Solely and only for the purpose of providing the services to you, with respect to 1CLX functionalities like backup, replication, high availability, caching for speed, performance, throughput and various other functional and non-functional capabilities, you grant 1CLX royalty-free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.

If a Customer does not renew the subscription for the Service, 1CLX shall provide all Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.

6. Confidentiality

Confidential Information of the Customer shall mean all business and technological information of the Customer and shall include the Customer Data. Confidential Information of 1CLX shall mean the Services other than the Customer Data. Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors, or third-party vendors who participate in the provision of the Services hereunder who need to know it and who have agreed to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.

7. General Account Terms

Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.

Usernames and passwords are personal, and are to be considered part of Confidential Information of Customer. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access to and agrees to indemnify 1CLX for all claims and losses related to such acts and omissions.

Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).

1clx may make updates to the Service from time to time as per market demands.

Customer is responsible for all taxes and the Customer will pay 1clx for the Services without any reduction for taxes. If 1CLX is obligated to collect or pay taxes, the taxes will be invoiced to the Customer.

Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and 1CLX owns all Intellectual Property Rights in the Service.

When the Customer pays 1CLX via bank transfer, the necessary bank transfer charges should be borne by the Customer. For avoidance of doubt, the total license fee payable should be credited to our account without any deductions.

8. Warranty and Disclaimer

1CLX warrants that it will provide 99% uptime of the service failing which downtime credit will be provided for the time the service was not available.

1CLX agrees to defend, indemnify, and hold harmless Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.

1CLX is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.

Except as otherwise provided herein, the Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.

1CLX takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, 1CLX makes no warranty that the service will be free of viruses or other harmful components.

1CLX makes no warranty that:

The service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, 1CLX will take reasonable efforts the rectify the errors and interruptions;

Any information or advice obtained by the Customer in connection with the usage of the Service for the fitment of its internal business purpose will be accurate or complete. 1CLX’s employees and consultants make a best-case effort to provide the most relevant information to the customer but 1CLX would not be able to guaranteed its accuracy or fitment for purpose; that should be decided by the customer by taking into account other factors that 1CLX might not be privy to, the results of using the Service will meet Customer requirements.

9. Limitation of Liability

In no event shall 1clx be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if 1clx has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with 1clx related to any of the services shall be termination of such service. In no event shall 1clx’s entire liability to you in respect of any service, whether direct or indirect, exceed the last 3 months fees paid by you towards such service

10. Privacy Terms

At 1CLX, we respect our customers' and users' need for online privacy and protect any personal information that may be shared with us, in an appropriate manner. 1CLX’s practice in regards to the use of customer personal information is detailed on our Privacy Policy Page which you can find here.

11. Governing Law & Jurisdiction

This agreement shall be governed by the laws of the State of Texas, United States of America.