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Privacy & Security Policy

GainCloud privacy policy is direct and simple. We have outlined our privacy philosophy in the following points:

  • Personal Information: We do not collect any personal information regarding our users or clients.
  • Public Information: All public information collected regarding any user or client by GainCloud is stored in a secure and safe environment.
  • No Sharing: GainCloud does not Share any information with any agents, clients, partners, companies pertaining to users account.
  • No Disclosure: Other than as disclosed in this policy, GainCloud will NEVER sell, rent, or share any user or business or client data with third parties in personally identifiable form in ANY form of communication.
  • Defined Policy: We have established a well defined privacy and security policy, since GainCloud Service Central interacts with several users and business-communities which generates lots of data being stored on our servers.
  • Law Enforcement: GainCloud must comply with laws applicable in rare circumstances requiring disclosure of data to law enforcement authorities or third parties. We retain all paperworks and also inform the users when such a request is addressed with the Law Enforcements Authorities.
  • Cookies: GainCloud uses cookies to assist in delivering the service and to provide a positive and personalized user experience. Cookies are files created on your web browser from a web server and stored on your computer’s hard drive.
  • Linked Web Sites: Online web services are inherently collaborative environments, and could contain links to multiple third party sites on the Internet, including many that have different privacy and security policies and practices than GainCloud. We make no representations or warranties about the policies and practices of sites that are linked to GainCloud or its users. We urge you to consult the policies available on those sites to further understand your rights. GainCloud will NEVER sell, rent or share your personal or public information with any third parties for marketing purposes or for any other purposes.
  • Security: We have implemented processes designed to protect user information and maintain security. Each registered user is assigned a unique user name, password & an encryption key which is required to access their user information. It is the user’s responsibility to protect the security of their login information. Our servers are located in secure server environments. Firewalls and other advanced security technologies are employed to prevent interference or access from outside intruders. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.
  • Children Online Privacy Protection: As a application service provider, GainCloud does not target its services toward, and does not knowingly collect any personal information from users under 13 years of age. If made known to the company of any wrongly registered account for users under the age of 13, GainCloud reserves rights towards disabling (or deleteing) such accounts.

We reserve the right to change this privacy & security policy statement and will provide notification of any changes at least thirty (30) days prior to the change taking effect. You may contact us with any questions pertaining to this policy at info@gaincloud.com
Effective date: 07/12/2012
Email: info@gaincloud.com

Conditions of Use

The GainCloud Cloud Services provided to Customer are non-exclusive, non-transferable, and are for Customers internal business use only. Customers right to use the Cloud Services is conditional upon the following. Customer may not:

  1. transfer to any other person any of its rights to use the Cloud Services;
  2. sell, rent or lease the Cloud Services;
  3. make the Cloud Services available to anyone who is not an Authorized User. An Authorized User is an employee of Customer, or of a person to whom Customer has outsourced services, who is authorized to access the Software as either a named or concurrent user;
  4. create any derivative works based upon the Cloud Services or Documentation;
  5. copy any feature, design or graphic in, or reverse engineer the Software;
  6. access the Cloud Services (i) in order to build a competitive solution or to assist someone else to build a competitive solution; or (ii) if Customer is an employee of a GainCloud competitor;
  7. use the Cloud Services in a way that violates any criminal or civil law;
  8. load test the Cloud Services in order to test

Access to the Cloud Services

GainCloud grants Customer a right to receive the Cloud Services.

  1. The Software is located on servers that are controlled by GainCloud. Customer may access the Software, but has no right to receive a copy of the object code or source code to the Software.
  2. Customer must have a high speed Internet connection, and hardware and software that is compatible with the Cloud Services, as set out in the Documentation. None of these things are GainCloud responsibility.
  3. GainCloud regularly upgrades and updates the Cloud Services. This means that the Cloud Services are continually evolving. Some of these changes will occur automatically, while others may require Customer to schedule and implement the changes. The changes may also mean that Customer needs to upgrade its equipment in order to make efficient use of the Cloud Services. GainCloud will provide Customer with advance notification in this case.
  4. GainCloud recognizes that Customer may have legitimate business reasons for not upgrading to a new version of the Cloud Services as soon as the version becomes available. However, GainCloud will not support old versions indefinitely. When an old version used by Customer is at end-of-life, GainCloud may remove Customer’s access to that version and upgrade Customer to a new version.
  5. GainCloud solely owns the intellectual property in the Software (except for third party components) and the Documentation.

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CLOUD SERVICES, WORK PRODUCT AND PROFESSIONAL SERVICES ARE PROVIDED WITH NO OTHER WARRANTIES OF ANY KIND, AND GAINCLOUD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GAINCLOUD DOES NOT WARRANT THAT THE USE OF THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE CLOUD SERVICES, SOFTWARE AND DOCUMENTATION NECESSARY TO ACHIEVE CUSTOMERS INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE CLOUD SERVICES OR WORK PRODUCT. EACH PARTYS TOTAL LIABILITY FOR ANY DIRECT LOSS, COST, CLAIM OR DAMAGES OF ANY KIND RELATED TO THE RELEVANT ORDER FORM SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID OR PAYABLE BY CUSTOMER TO GAINCLOUD UNDER SUCH RELEVANT ORDER FORM DURING THE 24 MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM OR DAMAGES. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN GAINCLOUD AND CUSTOMER AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO GAINCLOUD. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING AS A RESULT OF AN INFRINGEMENT OF GAINCLOUD INTELLECTUAL PROPERTY RIGHTS, OR A BREACH OF CONFIDENTIALITY OF THIS AGREEMENT, OR IN CONNECTION WITH A PARTYS INDEMNIFICATION OBLIGATIONS.