Comprehensive IT Services

CloudGenie provides its Run and Innovate Program to its customers by bringing various software and hardware products under one umbrella and acting as a sole point of contact for various services. As part of our services, we contract with Microsoft, Fortinet, Webroot, Atera, Teamviewer to provide IT services. Customers are responsible for reviewing the agreements for each of these above listed organizations since they are the main software solutions we use. Customers agree to their terms of use as well by continuing to take our services. Customers agree to main software licensing and privacy standards in line with general business use and not engage in false, criminal, or unacceptable business standards.

Content. Many of our Services allow you to create, store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains yours and you are responsible for it. Access to the content is based on adherence to our payment terms.

• When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your content available on the Services, without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others.

Code of Conduct. You are accountable for your conduct and content when using the Services.

• a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
  • i. Don’t do anything illegal, or try to generate or share content that is illegal.
  • ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
  • iii. Don’t send spam or engage in phishing, or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organizing denial of service attacks or managing command and control servers.
  • iv. Don’t publicly display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
  • v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, creating fake accounts, automating inauthentic activity, generating or sharing content that is intentionally deceptive, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory.
  • vi. Don’t circumvent any restrictions on access to, usage, or availability of the Services (e.g., attempting to “jailbreak” a system or impermissible scraping).
  • vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  • viii. Don’t violate or infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of software, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using any of the Services).
  • ix. Don’t engage in activity that violates the privacy or data protection rights of others.
  • x. Don’t help others break these rules.

Using the Services & Support.

• a. CloudGenie account. You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by CloudGenie and some CloudGenie partners.
  • i. Creating an Account. We create a Microsoft account for you after you agree to take our services. You agree not to use any false, inaccurate, or misleading information when working with us. In some cases, a third party, like your Internet service provider, may have assigned an account to you. If you received your account from a third party, the third party may have additional rights over your account, like the ability to access or delete your account. Please review any additional terms the third party provided you, as CloudGenie has no responsibility regarding these additional terms. If you create a billing account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your billing account to another user or entity without making us aware. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your business account.
  • ii. Account Use. You must use your account to keep it active and pay all owed costs in a timely manner along with additional charges or interest accrued.
  • iii. Closing Your Account.
    • 1. You can cancel specific Services or close your contract at any time by paying termination charges or after the end of contract term. Failure to pay will result in service suspension followed by contract termination.
    • 2. If your contact is terminated (whether by you or us), a few things happen. First, your right to use the Microsoft account to access the Services stops immediately. Second, we inform our providers or distribution partners to stop service. Generally, at time of termination the partners or CloudGenie will delete Data or Your Content associated with your CloudGenie services or other subscriptions. You should have your own independent regular backup plan as CloudGenie won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
• b. Moderation and Enforcement. Many of our Services that allow you to interact, create, generate, and share content with others leverage safety systems to protect our Services and other users.
  • We reserve the right to deny content if it exceeds limits on storage or file size allowed by the Service. We may block, remove or decline to display content if it appears to violate our Code of Conduct or another Service policy or where required by law. If you violate CloudGenie or other software terms, we may take action against your account. This could include limiting access to certain features or Services, stopping providing Services, closing your CloudGenie account immediately or blocking delivery of a communication (like email, file sharing or instant message) to or from the Services. Closure of your access to a Service or your account may result in forfeiture of content licenses, associated content, memberships, and CloudGenie provided services.
• c. Work or School Accounts. You can sign into certain CloudGenie services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your CloudGenie account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that CloudGenie may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the CloudGenie services may be subject to the third party agreements for your organization. If you already have a CloudGenie account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your CloudGenie account in order to continue accessing such Services.
• d. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services, and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
• e. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll contact you or send you notifications.
• f. Support. Customer support is available for any services we provide. Response time is contingent sometimes on the response time of third-party providers.
• g. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your CloudGenie account.

5. Using Third-Party Apps and Services.The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t CloudGenie) (“Third-Party Apps and Services“). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. Any third-party terms do not modify these Terms. CloudGenie does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that CloudGenie is not responsible for any issues arising out of your use of them. CloudGenie is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.

6. Service Availability.

• a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your CloudGenie account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.
• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and CloudGenie is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data independently that you store on the Services or store using Third-Party Apps and Services. If you take backup services from CloudGenie you are governed by our payment and services terms.

7. Updates to the Services or Software, and Changes to These Terms.

• a. We may change these Terms at any time, and update them on our website. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your CloudGenie account and pay all balance charges. CloudGenie and various other providers update these terms on their website regularly and you are responsible to view them. The service changes are also sent as notifications by CloudGenie and other providers as part of their services. CloudGenie is not responsible for maintaining those notifications or sending them as they get updated (since they can get updated frequently).
• b. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply.
• c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether.
• d. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.

Software License

8. Software License.Unless accompanied by a separate CloudGenie license agreement (for example, if you are using a CloudGenie application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software), any software provided by us to you as part of the Services is subject to these Terms.

• a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by the person licensed at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by CloudGenie. Notices, if any, for the third party code are included for your information only.

Payment Terms

9. Payment Terms.If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

• Charges. You agree to pay the monthly fee applicable for all users and licenses covered under this program. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Some transactions may incur an extra charge and you are responsible for paying associated fees. Any failed payments will incur extra fees and charges, and if we incur further losses as a result you are also responsible to pay those charges. This may be in addition to any interest charges owed as a result of payment failure.
• Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit CloudGenie to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
• Billing. By providing CloudGenie with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize CloudGenie to charge you for the Services or available content using your payment method; and (iii) authorize CloudGenie to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
• Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to CloudGenie by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by CloudGenie. You must cancel your Services before the next billing date or at the contract end date to stop being charged to continue your Services. By authorizing recurring payments, you are authorizing CloudGenie to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments“). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CloudGenie or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee, interest charges, and process any such payment as an Electronic Payment.
• Refund Policy. Unless otherwise provided by law or the terms of a particular Service offer, all purchases are final and non-refundable. If you believe that CloudGenie has charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
• Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, contact the CloudGenie team. If you initiate a chargeback or reversal with your bank for your payment of Services, we may deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
• Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
• Payments.  If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this.
• Bank Account Payment Method. You may register an eligible bank account with your CloudGenie service to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a Canada based financial institution that supports automated clearing house (“ACH“) entries. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize CloudGenie (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your CloudGenie account.

Contracting Entity, Choice of Law, & Location for Resolving Disputes. 

• Whether you live in (or, if a business, your principal place of business is in) Canada or outside Canada, you are contracting with CloudGenie Corp, 441-100 Innovation Dr, Winnipeg, MB. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Manitoba for all disputes arising out of or relating to these Terms or the Services. You agree to be personally responsible for our contract.

11. Warranties.

• a. CLOUDGENIE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” CLOUDGENIE DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS.
• b. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.

12. Limitation of Liability.

• a. If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by the applicable law, you agree that your exclusive remedy is to recover, from CloudGenie or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to CAD$10.00 if the Services are free).
• b. To the extent permitted by the applicable law, you can’t recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 12.a above. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
• c. CloudGenie is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond CloudGenie’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). CloudGenie will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.