Summary
- These terms are for the public CloudRF service only. The self-hosted solution is licensed separately
- High resolution data coverage is not guaranteed. Check the coverage map
- Refunds must be requested within 14 days of purchase
- Refunds for user error are on a discretionary basis
- You are welcome to integrate our API into your tool
- We require attribution if you publish layers from the public service
- Custom data processing requires a purchase order
- If a subscription lapses for more than 2 years, data will be deleted
- Data is retained for 3 years only
IMPORTANT LEGAL NOTICE:
These Terms and Conditions (the “Terms”) apply to the entire contents of this website (the “Website”) and to any correspondence by email between Farrant Consulting Ltd trading as Cloud-RF™ (the “Company”) and you.
Please read the Terms carefully before using the Website/Service. Your use of the Website/Service indicates your unconditional agreement that you accept the Terms in effect at the time of usage regardless of whether or not you choose to register with the Service. If you do not accept the Terms, you should not use the Service and leave this site immediately.
1 General
1.1 Any reference in the Terms to “we” or “us” or “our” is a reference to the Company and any reference to “you” or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website as defined hereunder.
1.2 The services (“Services”) available via the Website shall include, without limit:
1.2.1 an online radio coverage calculator (using information provided by you);
1.2.2 the online purchasing of certain Products
1.4 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
1.5 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
1.6 We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. These Terms should be reviewed by you on a regular basis as your continued use of the Website after any alterations are made by us will mean that you are deemed to accept the Terms as modified by the relevant alterations made.
1.7 Digital elevation models are available for different regions at different resolutions. The highest resolution LIDAR data is only available in select areas due to data availability. You are advised to check first on our live coverage map.
2 Privacy Policy
2.1 In order to provide the Services and Products available through the Website and API, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the UK General Data Protection Regulation (GDPR) which incorporates provisions from the EU GDPR.
2.2 By providing personal information, you agree to us using this information for the operation of the service and the provision of the Services and the Products to you.
2.3 Where you provide information about other people (for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with that information.
2.4 Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Services and Products to you.
2.5 The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.
2.6 We will not disclose your information to any outside organisation except as part of the operation of the Website and/or the provision of the Services and Products to you or where we are legally obliged to do so, for example by law enforcement.
2.7 The accuracy of your personal information is dependent upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
2.8 We collect a username, email address, password (hashed) for all users and for users buying a commercial plan with a credit/debit card we require a first/last name and billing address for automated fraud verification by our third party payment gateway.
2.9 Personal data will be reviewed every 12 months and inactive accounts and past transactions deleted from the database. Generated calculations are anonymous via a unique identifier and managed separately as per our retention policy which guarantees data for 3 months only for free tier users and 3 years only for premium plans.
2.10 The data controller is FARRANT CONSULTING LTD who can be contacted at support@cloudrf.com
3 Intellectual Property Rights
3.1 You are permitted to print and download extracts from the Website for your own personal and commercial use subject to the following conditions:
3.2 Subject to clause 3.1, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. This does not apply to API outputs and/or your own generated content (layers, reports, antennas, colours, clutter). As a rule, if it was already here when you arrived, you will need to ask.
3.3 Attribution to “CloudRF.com” in the form of a small hyperlink is required when publishing a layer generated from the public service. This does not apply to self-hosted servers. Recommended citation: Coverage by CloudRF.com
3.4 We welcome our images appearing in technical training and academic material with attribution.
3.5 You can use our API to build commercial services but we recommend you communicate this to us and your customer at the earliest opportunity. See section 10 for the Service Level Agreement.
4 Website Access and Availability
4.1 Access to and use of the Website shall be provided by us in accordance with the Terms.
4.2 We shall endeavor to ensure that access to and use of the Website and service is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
5 Website Visitor Material and Conduct
5.1 We will not tolerate aggression, threatening behaviour or blackmail.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
5.2.2 for which you have not obtained all necessary licenses and/or approvals;
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).
5.3 You may not misuse the service in any way, including attempting to hack it or interfere with other users usage of the service. You will only supply sensible inputs with the intent to generate valid output consistent with our documentation. Any other intent, such as bench-marking the service, testing service security or enumerating the internal configuration will be deemed a breach of these terms.
5.3.1 You agree to use the service in an orderly, considerate and civil manner. You must show respect to other users by allowing a reasonable time delay between calculations. Where no time delay is documented for an API, this means at least 1 second in between requests. If you are running scripts, they should be designed to process data in series only with a interval between requests consistent with the service level agreement for your plan.
5.4 The company shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website and associated services will be suspended without warning.
5.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 5.2 or clause 5.3. Logs of user activities, Geo locations and personally identifiable meta data are maintained which will be used to Geo locate and identify offenders.
5.6 We take fraud seriously and any attempt to acquire free or discounted service using deception will result in a permanent account ban for yourself and your company. This includes dishonest credit card charge-backs after using the service which we will challenge with service logs.
6 Hyperlinks to Third Party Websites
6.1 The Website may include hyperlinks to third party websites which are provided solely for your convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third party website(s) with hyperlinks on the Website, you do so entirely at your own risk.
6.2 We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability. We therefore do not endorse or make any representations about third party websites, any material found on them or any results that may be obtained from using them.
7 Website Registration
7.1 The Website will require you to register limited personal details (name, email).
7.2 After registering, you will be given immediate access to register your personal reminders which is provided as part of the Services. If you wish to return to your reminders at any time to make an alteration or to add more reminders, you will be asked to enter your email address and password.
7.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
7.4 Responsibility for the security of any password(s) issued by us rests solely with you.
7.5 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
9 Products & Delivery
9.1 We shall endeavor to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary to the actual Product provided and, for the avoidance of doubt, shall not form part of any contract with us.
9.3 If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either (a) cancel your order for the relevant Product only or (b) complete your order for the relevant Product at the correct price.
9.4 We will endeavour to deliver all orders for (digital) Products within 1 hour of purchase. However we cannot be held responsible for third party delays once the Product(s) have been dispatched by us for delivery.
9.5 Any Product(s) purchased from the Website which you consider defective must be returned to us at your own expense and within seven (7) days of receipt. In the event that the relevant defect is found to have been caused by us (as determined in our absolute discretion) we shall, in our sole discretion, either:
9.5.1 repair the Product(s) at our own expense;
9.5.2 supply replacement Product(s) free of charge; or
9.5.3 reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods
For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.
9.6 All complaints relating to any Products purchased from the Website should be made in writing to support@cloudrf.com within seven (7) days of receipt. We will endeavor to resolve any complaint within fourteen (14) days or receipt of a complaint email but shall have no obligation to do so.
10 Service level agreement
10.1 A service level agreement (SLA) exists to ensure a minimum level of service. The agreement is only valid for users with an active commercial plan and the level of service varies by plans. Users with expired plans do not have a SLA.
10.2 The SLA covers the following issues only: Reporting and acknowledgement of bugs (but not the fixing), Account issues including resets and payments, Email support with official interfaces, APIs and outputs only.
10.3 The SLA does not cover: Optimising customer’s computers or satisfying reference data requests including digital terrain, clutter, colours or antenna patterns, custom software not provided by Cloud-RF. These requests can still be made but no guarantee on their fulfillment is made.
For a reasonable SLA example: Opening a support ticket to query unexpected coverage would be within scope but requesting LIDAR data for a city and expecting it to be fulfilled, at no cost, within 24hrs is unreasonable.
10.4 If you are unhappy with the service and feel the SLA has not been met and your issue is within scope, please email support who will refund your plan.
10.5 If you are building a commercial application for a third party based upon our API, you do so at your own risk and we recommend you contact us at the earliest opportunity to establish a dedicated SLA and discuss private hosting. We also recommend you inform your customer about using a third party API to ensure the risk is communicated.
11 Cancellation & Refund policy
11.5 Any payment made on account shall be deemed as a payment for goods and services to be ordered from CloudRF.com. After the initial refund period described below our liability to you will be to provide goods and services to value of the account balance. Cash balances will not be returned except in cases where the customer has received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
11.6 Credits should be spent within 12 months of purchase. The balance will be guaranteed for a period of 12 months only. If unused credits remain inactive in your account after 12 months they will be removed as the company can not guarantee indefinite future usage.
11.7 If you change your mind after making a payment on account you may request a refund by emailing support@cloudrf.com within 14 days of the transaction. If you believe our service offered you a defective or incomplete result, you must supply details and evidence to support your complaint. Where a result is considered by a customer to be defective but it is a result of human error a refund is not possible. In such cases, database logs of supplied parameters will be used to refute the complaint. Discretionary refunds are possible where an honest mistake has occurred but these will be on an individual basis and the company has no obligation to do so.
In such cases the amount refunded will be the sum of the original payment less the value of any goods bought on account. Refunds can only be made to the credit/debit card or Paypal account used to make the original purchase.
12 Indemnification and Limitation of liability
12.1 Subject always to clause 12.2, the Company and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that may result to you or to any third party in connection with the Website (including without limit the Services and the Products) in any way or in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
12.2 Nothing in these Terms shall exclude or limit our liability for any liability which either cannot be excluded or limited under applicable law (or for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or gross negligence, willful misconduct, indemnification for third-party claims of confidentiality or property damage).
12.3 In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing and/or enjoying the Products or using the Services provided via the Website.
13 Disclaimer of warranties
13.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant
the accuracy and completeness of the material on the Website. We may make changes to the material on the
Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. The
material on the Website may be out of date, and we make no commitment to update such material.
14 Governing Law and Jurisdiction
14.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection
with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
15 Severability
15.1 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the
validity of the other clauses and sub clauses of these Terms shall not be affected and they shall remain in full force
and effect.
16 Data retention policy
16.1 User generated anonymised content (Coverage plots, antenna patterns, clutter layers) is stored on servers and backed up regularly. Where an account and/or content is in violation of our terms, data will be removed from the service without warning. Data generated at no cost will be retained for a period of 90 days only. Data created under premium plans on the public system will be retained for 3 years only. You can download your files anytime from your archive in different formats. All other queries should be made to support@cloudrf.com
17 Custom data processing
17.1 If you request custom data processing (LiDAR, antennas etc) we will require to see a sample of the data to provide an estimate of the cost. A purchase order or payment will be required prior to commencing work.
17.2 If the data provided has defects, we will do our best to work with it but cannot be held responsible for poor quality data. If the estimate changes once the task has started, we will communicate this to you at the earliest opportunity along with options.
17.3 If you cancel the task once it has started, we will remove it from the schedule and you will need to do the processing yourself.
