Legal

Terms of service

Last updated: 6 November 2024

The following terms and conditions, together with any documents and/or additional terms expressly incorporated by reference (collectively, the "Terms"), govern access to and use of any content, functionality, product, and services offered on or through https://cloudfo.co or by Alchemy Box Ltd, incorporated and registered in England and Wales with company number 11223400, whose registered office is at 85 Great Portland Street, First Floor, London, England, W1W 7LT ("CloudFO").

By purchasing, accessing, and using the Services (defined below), the Customer (defined below) acknowledges that it has read, understood, and agrees to be bound by the Terms. The Customer acknowledges and agrees that the Services may be available for purchase through various third-party marketplaces. In such cases, the terms and conditions of those marketplaces may apply to the purchase of the Services in addition to the Terms. The Customer agrees to comply with any additional terms and conditions imposed by those marketplaces when acquiring the Services through them.

1. Definitions

"Affiliates" means all entities controlling, controlled by, or under common control with a party. For the purposes of the Terms, "control" means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies, or operations of an entity, whether through ownership of voting securities, by contract, or otherwise.
"Applicable Law" means any:
statute, statutory instrument, byelaw, order, directive, treaty, decree, or law, including any common law, judgment, demand, order, or decision of any court, regulator, or tribunal;
legally binding rule, policy, guidance, or recommendation issued by any governmental, statutory, or regulatory body; and/or
legally binding industry code of conduct or guideline, in each case relating to the Terms and the Services.
"Authorised Payment Method" means a current and valid payment method accepted by the Customer for receipt of the Services.
"Authorised User" means the natural persons (employees and/or contractors) of the Customer who are authorised by the Customer to access and use the Services for the purposes defined in the Terms and who have been allocated a username and password or authenticated via a federated login.
"Confidential Information" means all information (however recorded or preserved) disclosed by a party, its Affiliates, or its respective directors, officers, employees, agents, contractors, or professional advisers, whether before or after the Effective Date, which is marked as confidential or has otherwise been indicated as being confidential, including:
information relating to the business, affairs, customers, clients, licensors, suppliers, new products, plans, research, intentions, or market opportunities of the disclosing party or of any member of the group of companies to which the disclosing party belongs;
the existence and terms of the Terms; and
information relating to the operations, processes, product information, ideas, formulas, source code, data, Intellectual Property Rights, or software of the disclosing party or of any member of the group of companies to which the disclosing party belongs or, in relation to CloudFO, any of its third-party licensors.
"Customer" means a customer that has purchased the Services, including a Free Trial.
"Effective Date" means the first date on which the Customer accesses the Services.
"Fees" means the fees payable for access to the Services, based on the subscription plan selected by the Customer and the then-current price list at the time of purchase.
"Force Majeure Event" means any event or occurrence not within CloudFO's reasonable control, including acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, loss of electrical power, loss of telephone, internet or wide area network, and other similar infrastructure and/or material shortages.
"Free Trial" has the meaning given in clause 3.1.
"Intellectual Property Rights" means:
patents, registered trademarks, registered designs, applications and rights to apply for any of those rights;
unregistered trademarks, copyright, topography rights, database rights, moral rights, know-how, rights in designs and inventions, discovery or process, and applications for and rights to apply for any of the foregoing;
trade, business and company names, domain names and email addresses;
rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs, computer software, or otherwise);
the goodwill attaching to any of the foregoing rights; and
any forms of protection of a similar nature having equivalent or similar effect, in all cases throughout the world, including countries which currently exist or are recognised in the future.
"Payment Provider" means a third-party service provider that processes payments on behalf of CloudFO and is responsible for securely handling the Customer's payment information, processing transactions, and transferring the applicable Fees to CloudFO.
"Services" means the Customer's access through its Authorised Users to CloudFO's platform to utilise dashboards, a virtual assistant, artificial intelligence ("AI") models, and the Customer's financial data for the purposes of assessing, analysing, and managing the Customer's finances.
"Subscription Term" means the period during which the Customer is entitled to access and use the Services, based on the subscription plan selected by the Customer at the time of purchase, and, if applicable, includes any Free Trial and any renewal period under clause 2.2.

2. Subscription Term

The Terms take effect on the Effective Date and remain in force during the Subscription Term.
Unless terminated earlier in accordance with the Terms, the Subscription Term will automatically renew for successive periods equal to the initial Subscription Term (for example, one month or twelve months) until either party gives notice to the other, no later than thirty (30) days before the end of the then-current term, to terminate the Terms at the end of that term.

3. Free Trial

CloudFO may offer a free trial period for the Services ("Free Trial"). The Free Trial is available only to new users who have not previously subscribed to the Services. CloudFO reserves the right, in its sole discretion, to determine the Customer's eligibility for a Free Trial and to withdraw or modify the Free Trial at any time without prior notice and without liability. The Free Trial period will last for the duration specified during the sign-up process.
Unless the Customer cancels the subscription to the Services before the end of the Free Trial, the Free Trial will automatically convert into a paid subscription, and the Customer will be billed the Fees on the first day following the end of the Free Trial.
The Customer may cancel its Free Trial at any time by following the cancellation instructions provided in the account settings through the Services or by contacting CloudFO's customer support team at info@cloudfo.co. Upon cancellation, the Customer will retain access to the Services until the end of the Free Trial period, at which point the Customer's access will be terminated unless the Customer has converted to a paid subscription.
The Free Trial is intended for Authorised Users and the Customer's internal business operations only and may not be shared or transferred. The Customer agrees not to register for multiple Free Trials for the same service or product using different accounts or other means to circumvent the intended use.
CloudFO reserves the right to change the terms of the Free Trial, including its duration, availability, and eligibility requirements, at any time and without notice. Continued use of the Services after any such changes constitutes the Customer's acceptance of the new terms.

4. Representations and Warranties

Each party represents and warrants to the other that it has the requisite right, power, and authority, and has taken or will take all action necessary to execute, deliver, and exercise its rights, and perform its obligations, under the Terms.
The Customer represents and warrants to CloudFO that:
it and its Authorised Users have the authority or have obtained all necessary authorisations, consents, and permissions to share data (including personal data and financial data) with CloudFO or its licensors for use of the Services; and
it and its Authorised Users have consent to process the Customer's data (including personal data and financial data, including those of its customers if applicable) through the Services, or have another lawful basis in line with Applicable Law, under or in connection with the Terms.
For the avoidance of doubt, CloudFO:
makes no warranty as to the compatibility, fitness, or performance of the Customer's hardware and information technology equipment used to access the Services;
may incorporate AI in the Services to generate responses, suggestions, or other content based on user-provided data or inputs and makes no warranty as to such responses, suggestions, or other content being accurate, complete, or suitable for the Customer's specific needs. The Customer and its Authorised Users are responsible for verifying and validating the accuracy of any AI-generated responses before relying on them for decision-making or any other purpose;
makes no warranty, express or implied, as to the results to be attained by the Customer and/or any Authorised User from the use of the Services, or as to merchantability or fitness for a particular purpose or use. The Services are provided "as is" and cannot, in any circumstances, be relied upon by the Customer or its Authorised Users. The Customer must at all times use its own judgment when viewing or basing decisions upon the Services; and
does not guarantee or warrant that files or data available for downloading from the internet or the Services will be free of viruses or other destructive code. To the fullest extent permitted by law, CloudFO will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect the Customer's computer equipment, computer programs, data, or other proprietary material due to the Customer's use of the Services or downloading of any material posted on the Services or any linked website.
The Services do not constitute any form of advice, including legal, tax, investment, or financial advice. The Services and any content provided through them are for informational purposes only and should not be interpreted as a recommendation or guidance for making financial decisions. The Services are not a substitute for specific or professional advice from a licensed professional. Any decisions made or based on the Services are the sole responsibility of the Customer, and CloudFO will not be liable for any losses or damages arising from decisions taken based on the Services.
The Customer acknowledges the technical risks inherent to the internet, the interruptions in access that may result, and the importance of the quality of the internet access provider and its adequacy for use of the Services. Transmission of the Services via the internet is not guaranteed and, accordingly, CloudFO is not responsible for any unavailability, decline, and/or difficulty in accessing the Services caused by a failure or insufficiency, whatever the cause, including that of the Customer's internet connection.
All warranties, conditions, and other terms implied by law (whether by statute, common law, or otherwise) are expressly excluded from the Terms.

5. Fees

In consideration for the Customer's access to the Services, the Customer shall pay CloudFO the Fees at the time of purchase.
The Fees are payable in advance, monthly, annually, or on another agreed basis depending on the Subscription Term, without set-off, counterclaim, deduction, or withholding (except as required by law). CloudFO may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by CloudFO to the Customer.
The Customer acknowledges and agrees that Fees may be charged by CloudFO via an Authorised Payment Method. Where CloudFO or its Payment Provider fails to charge the Customer's Authorised Payment Method (for example, because it has expired or is no longer valid), CloudFO or its Payment Provider reserves the right to re-charge that Authorised Payment Method. If, following such re-charge, CloudFO is unable to successfully charge the Customer's Authorised Payment Method, CloudFO may immediately suspend or terminate the Services until all Fees have been paid in full. The Customer agrees that use of a Payment Provider is subject to that Payment Provider's terms and conditions, which may apply in addition to the Terms.
All Fees payable under the Terms are exclusive of value added tax ("VAT") and any other similar or equivalent taxes, duties, fees, and levies imposed from time to time by any government or other authority, which will be payable by the Customer in addition to the Fees in the manner and at the rate prescribed by law. All Fees are due on the date the Customer purchases the Services and must be paid in full without deduction, withholding, or set-off.
The Customer acknowledges and agrees that during the Subscription Term, CloudFO may increase the fees payable for the Services. If the Customer refuses a fee increase, the Customer may terminate its access to and use of the Services at the end of any applicable billing period before the increase takes effect.
Except as expressly provided in the Terms, no refunds will be made, including on termination, unless the Terms are terminated for CloudFO's material breach in accordance with clause 12.1.2. If the Terms are terminated in accordance with clause 12.1.2, any Fees paid in advance for Services not yet provided as of the date of termination will be refunded.

6. Intellectual Property Rights

The Customer acknowledges that all Intellectual Property Rights in the Services, including any modifications, developments, or new products made to or associated with the Services, excluding the Customer's data provided by the Customer or its Authorised Users to CloudFO through the Services, belong to CloudFO or its third-party licensors. The Customer has no rights in or to the Services other than the right to use them in accordance with the Terms.
Subject to the Customer's payment of the Fees in full, CloudFO grants the Customer a non-exclusive, personal, non-transferable, non-sublicensable licence to access and use the Services during the Subscription Term solely for the Customer's own internal business purposes and in accordance with the Terms. The Services are intended only for business customers or individuals acting in a business capacity. By using the Services, the Customer confirms that it is a business, acts on behalf of a business, or otherwise acts in a business capacity. The Services are not for consumers and must not be used for purposes wholly or mainly outside the Customer's trade, business, craft, or profession.
Except to the extent expressly permitted in the Terms, the Customer shall not, and shall not allow, procure, or induce any Authorised User or any other person to:
reproduce, alter, adapt, modify, arrange, extract, reutilise, exploit, translate, recompile, decompile, disassemble, reverse engineer, distribute, co-mingle with any other data, share, or create any derivative work from all or part of the Services;
share, distribute, sell, sublicense, rent, lease, lend, store, or otherwise make available, whether free of charge or otherwise, any part of the Services to any person or third party, including Affiliates;
use the Services, or any part of them, for development purposes or to develop any applications, software, or other technology that could interact or interfere with the performance, integrity, or implementation of the Services;
cache, store, or use any portion of the Services, or access the Services generally, with a view to creating and/or marketing a product or service similar to the Services, which competes with the Services, or which copies or reproduces any feature, function, or graphic attributes of the Services;
carry out and/or disclose the results of tests or performance tests of the Services without the prior written consent of CloudFO;
do, or fail to do, anything which may damage the reputation of CloudFO, the Services, or any part of them;
access the Services through any medium or equipment which CloudFO has not authorised in writing, or seek to obtain such unauthorised access;
introduce or attempt to introduce any viruses or vulnerabilities into the Services;
use the Services or any part of them to record or transmit malicious code and/or unlawful, defamatory, or otherwise unlawful materials, or otherwise use the Services for any illegal purpose or in any manner inconsistent with the Terms; or
share, move, modify, interface, copy, broadcast, reproduce, port, or otherwise route the Services or any portion of them with or to any other equipment, network, or software without CloudFO's prior written consent.
CloudFO will defend at its own expense any claim against the Customer brought by a third party to the extent that the claim alleges that the Customer's authorised use of the Services in full compliance with the Terms directly infringes that third party's Intellectual Property Rights. CloudFO will pay those costs and damages finally awarded against the Customer and effectively borne by the Customer that are solely and directly attributable to such claim, or those costs and damages agreed in a monetary settlement of such claim, provided that the Customer:
promptly informs CloudFO in writing of the existence of the claim;
allows CloudFO sole discretion over the defence and any settlement negotiations; and
actively collaborates in good faith with CloudFO, at its request, for the defence or amicable settlement of the dispute.
If a claim or potential claim is brought against the Customer as a result of using the Services, or if CloudFO believes that may be the case, the Customer agrees that CloudFO may, at its sole option and expense:
procure for the Customer the right to continue to use the Services;
replace or modify the elements in question so as to remove the basis of the claim; or
terminate the Terms and give the Customer a pro-rated refund of any prepaid Fees for the remaining Subscription Term.
Notwithstanding the foregoing, CloudFO will have no obligation or liability under this clause 6 or otherwise with respect to any indemnification, cost, claim, or proceeding to the extent that:
it would not have been incurred or suffered but for any breach of the Terms, unauthorised act, omission, or misuse of the Services by the Customer, including any failure by the Customer to comply with the Terms; or
it would not have been incurred or suffered but for any use of the Services after the commencement of the claim or proceeding or, if earlier, after the Customer became aware of the alleged infringement.
Clauses 6.4 to 6.6 state CloudFO's entire liability and the Customer's sole remedy in relation to infringement of any third party's Intellectual Property Rights and/or any other proprietary right arising from the Terms, which the Customer expressly acknowledges and accepts.

7. Confidentiality

Each party shall keep the other party's Confidential Information confidential and shall not use, disclose, or exploit any Confidential Information except as required to perform its obligations under the Terms. Each party agrees that it shall not directly or indirectly disclose or make available any Confidential Information, in whole or in part, to any third party except as expressly permitted by this clause.
A party may disclose the other party's Confidential Information to its authorised representatives (and those of its Affiliates) who need to know that Confidential Information to perform its obligations under the Terms, provided that:
it informs those representatives of the confidential nature of the Confidential Information before disclosure;
it ensures that those representatives comply with this clause 7 as if they were the receiving party; and
it remains liable and responsible for each representative's compliance with this clause 7, and for any acts or omissions of the representatives or any Affiliate in relation to the Confidential Information as if they were acts or omissions of the receiving party.
Information is not Confidential Information if:
it is, or becomes, generally available to the public other than as a direct or indirect result of its disclosure by the receiving party or its authorised representatives in breach of the Terms;
it was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
it was, is, or becomes, available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not under any confidentiality obligation in respect of that information;
it was lawfully in the possession of the receiving party before disclosure by the disclosing party; or
it is developed by or for the receiving party independently of the information disclosed by the disclosing party.
Where CloudFO is under a contractual obligation to a third party to disclose the Terms or any part of them for the purposes of verifying compliance, the Customer consents to that disclosure subject to reasonable confidentiality undertakings being given.
A party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, provided that, to the extent legally permitted, it gives the other party as much notice of the disclosure as possible.
Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party's Confidential Information, other than those expressly stated in the Terms, are granted to the other party or are to be implied from the Terms.
Unless the Customer notifies CloudFO in writing otherwise, the Customer permits CloudFO to name the Customer (by legal entity name only) as a client of CloudFO in its general customer list, provided that CloudFO is not required to remove the Customer's name from general customer lists prior to such notification.

8. Data Protection

CloudFO will process the Customer's personal data in accordance with the Privacy Policy.

9. Indemnities

The Customer shall indemnify and hold CloudFO harmless against any and all liabilities, losses, claims, charges, costs, demands, proceedings, damages, and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, CloudFO or its Affiliates as a result of or in connection with the Customer's use of the Services other than in accordance with the Terms.

10. Liability

The Customer is responsible for the acts and omissions of all Authorised Users of the Services.
For the avoidance of doubt, CloudFO will have no liability to the Customer, whether direct, indirect, foreseeable, or consequential, for any:
loss of profit;
loss of revenue, loss of production, or loss of business;
loss of goodwill, loss of reputation, or loss of opportunity;
loss of anticipated savings or loss of margin;
loss of bargain;
liability of the Customer to third parties (save as set out in the Terms);
loss of use or value of any data or software;
wasted management, operational, or other time;
loss, damage, or injury caused by use of the Services or by delays or interruptions to the Services for whatever cause;
liability, contingent or otherwise, for any damage, whether caused by negligence of CloudFO or any of its employees, agents, subcontractors, or otherwise, arising in connection with the Services provided under the Terms, where appropriate;
costs relating to acquisition or subscription to a third-party substitute service or solution suffered by the Customer; or
actions of an Authorised User and/or any third party, even if CloudFO has been notified of those damages.
Nothing in the Terms limits or excludes the liability of either party for:
death or personal injury caused by negligence, or the negligence of its employees, agents, or subcontractors;
fraud or fraudulent misrepresentation; and
any matter in respect of which it would be unlawful to exclude or restrict liability.
Subject to clauses 10.2 and 10.3, CloudFO's total aggregate liability to the Customer for all claims, losses, or damages arising out of or in connection with the Terms, whether under contract (including indemnities), tort, negligence, breach of statutory duty, or otherwise, will not exceed one hundred percent (100%) of the Fees paid by the Customer to CloudFO in the applicable year in which the claim or claims arise.
Notwithstanding any other term of the Terms, CloudFO will not be in breach of the Terms to the extent its failure, delay, or defective performance of its obligations arises as a result of:
any breach by the Customer of its obligations under the Terms, or non-compliance with CloudFO's written recommendations and/or instructions;
unauthorised and/or fraudulent access to the Services;
the Customer relying on any AI-generated responses, suggestions, or other content through the Services;
CloudFO relying on incomplete or inaccurate information or data provided by the Customer or by a third party; or
CloudFO complying with any instruction or request by the Customer or one of its employees.

11. Feedback and Service Improvement

If the Customer or any Authorised User provides CloudFO with suggestions, comments, ideas, materials, data, improvements, or any other feedback ("Feedback") relating to the Services, the Customer assigns, and shall if requested assign in the future, all rights, title, and interest in that Feedback to CloudFO, without any compensation or other duty owed to the Customer, and the Customer automatically waives any moral rights in that Feedback.
CloudFO may:
use software tools to collect and record information and data (including personal data) relating to Feedback and the way the Customer and Authorised Users use the Services; and
retain and process information and data (including personal data):
1. for the purposes of the Terms and to provide, maintain, support, operate, improve, update, customise, and/or administer the Services;
2. to improve and/or train AI models used as part of the Services, provided that no personal data is used for such improvement or training;
3. to detect and prevent breaches of CloudFO's network security;
4. for troubleshooting, data analysis, testing, research, statistical, and survey purposes;
5. to develop analytics and insights, new services, and content; and/or
6. to comply with Applicable Law and/or any other agreements which CloudFO has with third parties.

12. Termination

Without affecting any other right or remedy available to it, either party may terminate the Terms, in whole or in part, with immediate effect by giving written notice to the other party if:
the other party fails to pay any amount due under the Terms on the due date for payment and remains in default for not less than fourteen (14) days after being notified in writing to make such payment;
the other party commits a material breach of any other term of the Terms which is irremediable or, if remediable, fails to remedy that breach within fourteen (14) days after being notified in writing to do so; or
the other party ceases or threatens to cease carrying on business, is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, has an administrator, receiver, administrative receiver, or manager appointed over the whole or any part of its assets, enters into any composition with creditors generally, has an order made or resolution passed for it to be wound up (other than for a solvent amalgamation or solvent reconstruction), or undergoes any similar or equivalent process in any jurisdiction.
CloudFO may suspend or terminate, at its sole discretion, the Customer's access to and use of the Services if the Customer or any of its Authorised Users commits a material or persistent breach of the Terms.
Upon termination or expiry of the Terms:
the Customer shall, and shall ensure that all Authorised Users, cease using the Services;
all Services shall terminate;
any provision which expressly or impliedly continues to have effect after expiry or termination of the Terms will continue in force; and
all other rights and obligations will immediately cease, without prejudice to any rights, obligations, claims (including claims for damages for breach), and liabilities accrued prior to the termination date.
Clauses 4, 6, 7, 8, 9, 10, 11, 12.3, 12.4, 14, 15, 17, 19, 20, 21, 22, and 23 survive termination or expiry of the Terms.

13. Changes to the Terms

CloudFO may update the Terms from time to time. Any such modifications are effective immediately upon posting or otherwise notifying the Customer and apply to all access to and continued use of the Services. The Customer agrees to review the Terms periodically to remain aware of any modifications, and continued use of the Services constitutes acceptance of those changes.

14. Force Majeure

If a Force Majeure Event occurs, CloudFO will:
as soon as reasonably practicable after becoming aware of the Force Majeure Event, notify the Customer of its occurrence, anticipated duration, and impact;
use commercially reasonable endeavours, without being required to incur additional expenditure, to mitigate the effects of the Force Majeure Event and to ensure that it comes to an end; and
continue to perform all obligations under the Terms not affected by the Force Majeure Event.
Subject to clause 14.1, CloudFO will not be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if that delay or failure results from a Force Majeure Event. In such circumstances, CloudFO is entitled to a reasonable extension of time for performing those obligations. If the period of delay or non-performance continues for one (1) month, the Customer may terminate the Terms by cancelling its purchase of the Services.

15. Non-Exclusivity

The Services are provided to the Customer on a non-exclusive basis. Accordingly, the Customer may obtain services of the same nature from persons other than CloudFO, and CloudFO may provide the Services and similar services to other customers.

16. Sub-Contracting

For the avoidance of doubt, CloudFO may subcontract its obligations under the Terms without prior formality, provided that appointment of any subcontractor does not relieve CloudFO of any obligation or liability under the Terms.

17. Independent Contractors

Each party agrees that it is an independent contractor. Nothing in the Terms, and no action taken by the parties in connection with them, creates a partnership, joint venture, employer-employee relationship, or agency relationship between the parties, gives either party authority to act in the name of or on behalf of the other party, or entitles either party to bind the other.

18. Assignment

Each party may assign or transfer the Terms, or its rights and obligations under them, only with the prior written consent of the other party. Any attempted assignment or transfer in breach of this clause 18.1 is null and void.
Notwithstanding clause 18.1, CloudFO may assign the Terms to a related entity or any successor to its business or assets to which the Terms relate, whether by merger, sale of assets, sale of shares, reorganisation, or otherwise, subject to written notice to the Customer. At that point, CloudFO will be released from its obligations under the Terms. Under no circumstances shall CloudFO be jointly and severally liable for performance of the Terms by the assignee.

19. No Waiver

A delay in exercising, or failure to exercise, a right or remedy under or in connection with the Terms will not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy, nor will any single or partial exercise of a right or remedy prevent or restrict further exercise of that or any other right or remedy.
A waiver of any right, remedy, breach, or default will be valid only if in writing and signed by the party giving it, and only in the circumstances and for the purpose for which it is given. It will not constitute a waiver of any other right, remedy, breach, or default.

20. Severability

If any provision of the Terms is or becomes unenforceable, it will be deemed deleted, but that will not affect the enforceability of the rest of the Terms.

21. Rights of Third Parties

Except as expressly provided in the Terms, a person who is not a party to the Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms.

22. Notices

Any notice or communication required or permitted under the Terms shall be sent by email. Notices to CloudFO must be sent to info@cloudfo.co, and notices to the Customer must be sent to the email address used to purchase access to and use of the Services.

23. Governing Law and Jurisdiction

The Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with English law, without regard to conflict of laws principles.
The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their subject matter or formation.