Introduction
Cloupsy WordPress Cloud (referred to as “Cloupsy”, “we,” “us,” or “our”) is a product provided by Hiuvy Digital SAS, offering hosting services, software, support. Individuals or organizations utilizing Cloupsy’s services are referred to as “Clients”, “users”, “you”, or “your”.

By accessing or using the Cloupsy Services, you agree to adhere to these Terms of Service. If you do not agree to these Terms, refrain from registering for an Account or utilizing Cloupsy’s Services.

Custom Services encompass various offerings provided by Cloupsy, including but not limited to CDN (provide by Cloudflare Enterprise), staging services, optimization services, and malware cleanup services, with the possibility of additional services being introduced over time.

Client Applications: The websites, applications, databases, and any other services or technologies managed by our Clients through our Services are collectively referred to as “Client Applications”. Third-party visitors accessing Client Applications are referred to as “End Users”.

You acknowledge and accept that the Service is provided “AS-IS”, and Cloupsy bears no responsibility for the timeliness, deletion, non-delivery, or failure to store any user communications or personalization settings.
You are responsible for acquiring access to the Service, which may entail third-party fees (such as Internet service provider or airtime charges). All associated fees, including those for the display or delivery of advertisements, are your responsibility. Additionally, you must procure and maintain all equipment necessary to access the Service.

Updates to the Terms of Service: Cloupsy reserves the right to modify these Terms at any time at our discretion.

Registration Obligations
To access the Services, you must register a “User Account” with us. Subscription to the Services is required to utilize Client Applications. A User Account and the Services collectively constitute a “Cloupsy Account” as per these Terms. The individual creating the User Account initially will be designated as the “Account Owner”, with the ability to grant varying levels of access and permissions to other authorized contacts of the Cloupsy Hosting Account. All users of the Cloupsy Hosting Account, irrespective of access level, are bound by these Terms.
The email address provided during User Account creation (“Registration Email Address”) will be used for official notifications regarding your Cloupsy Account and the Services. Communications from us, such as service announcements, administrative messages, and newsletters, will be sent to this address and are considered part of your subscription. Failure to regularly read emails or log into your Cloupsy Account may negatively impact service performance.
You must be at least 18 years old (or the applicable age of majority in your jurisdiction) to access or use the Services. If you are a Minor, you must review these Terms with your parent or legal guardian, who will be bound by these Terms and responsible for all account activities.

By utilizing the Services or registering for a Cloupsy Account, you agree to (a) provide accurate, truthful, current, and complete information; (b) promptly update your Cloupsy Account information upon any changes; (c) safeguard your Cloupsy Account by securing your password and restricting access; (d) promptly report any security breaches or unauthorized access to your Cloupsy Account; (e) assume responsibility for all activities under your Cloupsy Account. Misrepresentation or provision of false information may result in suspension or termination of your Cloupsy Account.

In the event of a dispute regarding Account ownership, Cloupsy reserves the right to investigate and determine ownership based on reasonable judgment.

Fees and Payment
Subscription to any Service requires regular payment on a selected date, either monthly or annually, depending on your chosen plan. Subscription fees will be automatically charged to the provided payment method, with services renewing automatically.
Failure to pay fees promptly may lead to termination or suspension of your Hosting Account and Services by Cloupsy.
Disputed charges or chargebacks may result in suspension or termination of Services at Cloupsy’s discretion.
Termination may occur if a dispute or chargeback is filed with our Gateway or PayPal. Restoration fees and dispute charges will be required for continued service.
Clients utilizing Services for third-party customers remain responsible for all Fees, regardless of their customers’ payments.
Fees are denoted in dollars, euros or colombian pesos do not include taxes unless explicitly stated. You agree to cover any associated taxes and hold Cloupsy harmless from any resulting obligations or charges.
Cloupsy retains the right to adjust Fees at any time. Non-acceptance of Fee changes permits cancellation of Services without refund for previously paid Fees.
Promotional Prices or codes will revert to standard Fees upon expiration, with automatic renewal and billing.

Client Content
You acknowledge that all Client Content, whether publicly posted or privately transmitted, is solely your responsibility. Cloupsy does not control Client Content and does not guarantee its accuracy or quality.
Under no circumstances will Cloupsy be liable for any Client Content, including errors or omissions, or any loss or damage resulting from its use.
For the purpose of providing Services, you grant Cloupsy a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, use, modify, display, perform, reproduce, translate, create derivative works, and distribute Client Content.
You warrant that Client Content will not infringe any intellectual property rights, violate laws, or be defamatory, fraudulent, or deceptive. Additionally, Client Content must not promote illegal activities, contain obscene material, or interfere with Service operations.

Client Obligations and Acceptable Use
You agree to comply with all local regulations and laws regarding online conduct and Content.
You are responsible for providing necessary equipment and services to access the Services.
Engaging in Malicious activity is prohibited.
Cooperation with Cloupsy is required to accurately measure resource utilization. Excessive burden on Services or resources is prohibited.
Bandwidth limits apply to each Service plan, with specified monthly maximums.
Email sending limits are in place for each plan, with excessive usage potentially leading to recommendations for third-party email providers.
Excessive CPU or MySQL resource usage is prohibited.
Usage of pirate or copyright-infringing material, file sharing, or ‘nullified’ plugins is prohibited.

Termination
You agree that Cloupsy WordPress Cloud may, at its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include but are not limited to:

• Breaches or violations of the Terms of Service or other incorporated agreements or guidelines;
• Requests by law enforcement or other government agencies;
• A request by you (self-initiated account cancellations);
• Discontinuance or material modification to the Service (or any part thereof);
• Unexpected technical or security issues or problems;
• Extended periods of inactivity;
• Engagement by you in fraudulent or illegal activities;
• And/or non-payment of any fees owed by you in connection with the Services.

Termination of your account includes:

• Removal of access to all offerings within the Service,
• Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and barring further use of the Service.

Furthermore, you agree Cloupsy WordPress Cloud shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

You may terminate a Service at any time through the Client Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our 30-day money-back policy.

If you choose to restore your website(s) after your account has been terminated (due to non-payment or your cancellation request), you will need to pay your invoice.

Main Reasons For Immediate, Non-Refundable Termination of your Services or your Cloupsy WordPress Cloud Account:

• Bulk email marketing from your website/s hosted with us;
• Any use of ‘nullified’ (cracked) plugins – these usually contain destructive malware;
• Placement of pirate or copyright breaching material on your website/s hosted with us;
• Placement of pornographic, illegal, and/or inappropriate material on your website/s hosted with us;
• Placement of malware on your website/s hosted with us;
• Placement of hate-oriented material on your website/s hosted with us;
• Negligent security practices that continually expose your website/s hosted with us to hacking attacks (e.g. using ‘admin’ as a username and ‘password’ as a password for your WordPress admin logins);
• Excessive use of CPU resources (usually caused by poorly coded plugins or themes) – as determined by Cloupsy WordPress Cloud;
• Excessive DMCA requests and other types of abuse reports– as determined by Cloupsy WordPress Cloud;
• Excessive use of MySQL resources (usually caused by poorly coded plugins or themes) – as determined by Cloupsy WordPress Cloud;
• Use of your website/s hosted with us for filesharing or BitTorrent purposes;
• Exposure to large-scale and/or repeated DDOS attacks that compromise the integrity of Cloupsy WordPress Cloud servers;
• Abusive/insulting behavior toward Cloupsy WordPress Cloud staff– as determined by Cloupsy WordPress Cloud.

Backups
Cloupsy WordPress Cloud automatically creates daily backups of your sites hosted with us and stores them on separate Backup servers for up to 15 days. These backups are system-made and cannot be downloaded from the Cloupsy WordPress Cloud control panel nor provided to clients as compressed files.

Daily backups can only be restored to the same site for which they were initially created.
You acknowledge and agree that it is your responsibility to regularly back up all of your Content to prevent any potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account.

Cloupsy WordPress Cloud will exclude files carrying standard extensions for archives (tar, tar.gz, tar.bz2, zip, 7z, and rar) from the automatic backups;
Cloupsy WordPress Cloud will exclude archives created by backup plugins installed by the Client, regardless of the archive file extension from the automatic backups;

If you choose to use our Backups, please note that a backup copy may not be available for restoration upon your request due to technical reasons such as an excessive number of files in the backup, backup software failure, storage failure, or corrupted backup files. Therefore, you must keep independent backup copies of your Content in addition to those maintained by us.
We may host your account and the backups of your data in different data center locations. This means that your backups may be stored on servers in a different state, country, or continent. In case of emergencies, your backups may be restored on servers outside your data center location of choice. All applicable data protection regulations and arrangements in our DPA will be followed in case of offsite data transfer to different locations.

If the Backup service malfunctions, you must notify us through your Client Area and allow us reasonable time to resolve the issue.
In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup.
Cloupsy WordPress Cloud will keep backups of terminated accounts for up to 90 days (3 months) from the termination date. Terminated accounts can be restored as described in section 6.4.a.
Please be aware that our Backups are provided “as-is” and are subject to all limitations of liability set out in these Terms of Service, to the maximum extent applicable under national law, without affecting your rights as a Client.

Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Cloupsy WordPress Cloud, you agree not to modify, rent, lease, loan, distribute, or create derivative works based on the Service or the Software, in whole or in part.

General Practices Regarding Use & Storage
You acknowledge that Cloupsy WordPress Cloud may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Cloupsy WordPress Cloud’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Cloupsy WordPress Cloud has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Cloupsy WordPress Cloud reserves the right to log off accounts that are inactive for an extended period. You further acknowledge that Cloupsy WordPress Cloud reserves the right to modify these general practices and limits from time to time without notice.

Modifications To the Service
Cloupsy WordPress Cloud reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cloupsy WordPress Cloud shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

Privacy Policy
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at https://cloupsy.com/legal/privacy-policy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Cloupsy WordPress Cloud.

Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Cloupsy WordPress Cloud, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Cloupsy WordPress Cloud shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links
The Service may provide, or third parties may provide, links to other websites or resources. Because Cloupsy WordPress Cloud has no control over such sites and resources, you acknowledge and agree that Cloupsy WordPress Cloud is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cloupsy WordPress Cloud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Disclaimer Of Warranties
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Cloupsy WordPress Cloud, and their officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Cloupsy WordPress Cloud and its officers, employees, agents, partners, and licensors, make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Cloupsy WordPress Cloud or through or from the service shall create any warranty not expressly stated in the terms of service.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician before using the service. Immediately discontinue the use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions.

Limitation Of Liability
You expressly understand and agree that Cloupsy WordPress Cloud, and its officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if such losses are reasonably foreseeable or Cloupsy WordPress Cloud has actual notice of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Exclusions And Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.

Special Admonition For Services Relating To Financial Matters
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. CLOUPSY WORDPRESS CLOUD and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
No Third-Party Beneficiaries You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.

Notice: CLOUPSY WORDPRESS CLOUD may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service.

Trademark Information
All logos, product, and service names related to these Terms of Service are trademarks of HIUVY DIGITAL SAS (the “CLOUPSY WORDPRESS CLOUD Marks”). Without CLOUPSY WORDPRESS CLOUD’s prior permission, you agree not to display or use in any manner the CLOUPSY WORDPRESS CLOUD Marks.

Violations
Please report any violations of the TOS to [email protected]