Get CloudCherry to analyse your customer’s journey, solve problems and delight them
Puma enhanced their ‘Customer Experience’ with the help of CloudCherry.
Terms and Conditions
(“CAT”) and its Affiliates regarding your use of the CloudCherry service (“CloudCherry” or “Service”).
By clicking ‘accept,’ or accessing or using CloudCherry, You agree to the terms in this TOU (“Acceptance”). If You do not have authority
to enter into this TOU, or if You do not agree with its terms, do not click ‘accept’ and do not use CloudCherry.
For the purposes of these TOU, (i) CAT and You shall sometimes be individually referred to as “Party” and collectively as “Parties”; (ii)
all references to either Party shall be deemed to include their respective successors, assigns, heirs or legal representatives; and (iii) all
capitalized terms shall have the meaning given to them in the definitions below.
1. Your Use of CloudCherry
CAT may enhance and refine the Service provided CAT does not materially reduce its functionality other than in accordance with the End
of Life Policy set forth at https://www.cisco.com/c/en/us/products/eos-eol-policy.html. From time to time, CAT will perform scheduled
maintenance to update the servers and software that are used to provide You with CloudCherry. You acknowledge that CAT may, in
certain situations, need to perform emergency maintenance of CloudCherry without providing advance notice to You.
3. Effective Date and Duration
Your subscription to CloudCherry is effective from the date that CAT notifies You that CloudCherry has been provisioned (and shall
remain in force for one (1) year unless otherwise terminated in accordance with Section 6 of this TOU (the “Term”). Your subscription
may be extended by mutual written agreement of both parties.
4. Fees, Invoicing and Payments
If a party materially breaches this TOU and does not cure that breach within ten (10) days after receipt of written notice of the breach, the
non-breaching party may terminate the applicable subscription to CloudCherry for cause. Upon termination or expiration of Your
subscription, Your access to CloudCherry will cease. Upon any termination by You for CAT’s material breach of this TOU, CAT will refund
You any prepaid fees covering the remainder of the then-current term after the effective date of termination. Upon any termination by
CAT for Your material breach of this TOU, You will pay any unpaid fees covering the remainder of the then-current term.
6. CAT’s Rights & Obligations
7. Your Rights & Obligations
8. Representations, Warranties, Disclaimer, and Limitation of Liability
*Where the governing law is the laws of England, no person who is not a party to this Agreement shall be entitled to enforce or take the benefit of
any of its terms under the Contracts (Rights of Third Parties) Act 1999.
“Administrative Data” means data related to Your employees or representatives to administer or manage Your use of the Service.
“Affiliates” means any entity directly or indirectly controlling or controlled by or in common control with a party, where “control” is defined
as the ownership of at least 50% of the equity or beneficial interests of such entity or the right to vote for or appoint a majority of the board
of directors or other governing body of such entity.
“Confidential Information” means non-public confidential or proprietary information of the disclosing party that is clearly marked
confidential or should be reasonably assumed as confidential given the nature of the information and the circumstances of disclosure.
“Customer Data” means all information and data that You or anyone acting on Your behalf provides or transfers to CAT in connection
with Your use of the Service. Customer Data includes Administrative Data but does not include Telemetry Data.
“Device” means a channel, PC, computer, smartphone or other device, usually electronic that processes data according to a set of
“Force Majeure Event” means an event beyond the affected party’s reasonable control, including accidents, severe weather events, acts
of God, actions of any government agency, epidemic, pandemic, acts of terrorism, or the stability or availability of the Internet or a portion
“Telemetry Data” means information generated by instrumentation and logging systems created through the use and operation of
“Upgrade” means new versions of, and updates to, the Services, whether for the purpose of fixing an error, bug or other issue in the
Services or enhancing the functionality of CloudCherry.
“You” or “Your” means the individual or legal entity purchasing the CloudCherry.
“User” means an individual authorized by You to have access to CloudCherry and its related dashboards.