PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

This Terms of Use and Acceptable Use Policy (both hereinafter “AUP“) define the terms and guidelines for purchase and use of the Services provided by Verge Cloud Private Limited (“Verge Cloud” or “we” or “our”) by you, the customer (“Customer” or “You”). These AUP are a part of a larger agreement between Verge Cloud and Customer, which includes Verge Cloud’s Privacy Policy, AUP and Conditions, Self-Serve Subscription Agreement and/or Enterprise Subscription Agreement (“Customer Agreement”), and any service orders or other related documents that together form this AUP. If You do not agree to this AUP, You must not access or use our websites or online services.

  1. Overview
    1. This AUP govern the use of Verge Cloud’s
      1. domain name system (DNS) content delivery network (CDN), that are provided as part of a subscription or require a Verge Cloud’s account, along with any software made available by Verge Cloud in connection with such Services, including top-notch security solutions, powerful edge worker and reliable TCP proxy to help the online presence of content; AND
      2. “Websites” refers to https://www.vergecloud.com, network and systems as well as the other websites that Verge Cloud operates now or in future (collectively, the “Services”).
    2. Verge Cloud has created this AUP to encourage responsible and lawful usage of its Services. The purpose of this policy is to uphold the integrity, security, and reliability of our network while ensuring adherence to all relevant laws and regulations. The behaviour and actions outlined in this AUP are not exhaustive, they merely provide examples of conduct considered inappropriate, illegal, or damaging to Verge Cloud’s reputation, network, or Services. Such conduct is strictly forbidden in relation to the use of Verge Cloud’s Services. The responsibilities and limitations specified in this AUP apply to both the Customer and their users. Any breach of this AUP may lead to the suspension or termination of the Services provided.
    3. By agreeing to this AUP, you represent and warrant to us: (i) that You are at least eighteen (18) years of age; (ii) that You have not previously been suspended or removed from the websites and online Services of Verge Cloud and (iii) that your use of the websites and online Services is in compliance with any and all applicable laws and regulations.
  1. Grant Of License, Access, Content
    1. By submitting, posting, or sharing any content, ideas, suggestions, feedback, data, or other materials (“Content“) on any Verge Cloud’s platform, You grant Verge Cloud a perpetual, irrevocable, global, non-exclusive, royalty-free license (including the right to sublicense) to use, modify, display, perform, reproduce, distribute, and create derivative works based on your Content. While You retain ownership of your Content, Verge Cloud may utilize it without providing You with any form of compensation. By providing your Content, You confirm and guarantee that it: (i) does not infringe, violate, or misappropriate any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or other intellectual property or proprietary rights; and (ii) does not contain any defamatory, libelous, or slanderous material about any third party.
    2. Verge Cloud takes no responsibility for any Customer or Customer User Content created, accessible or delivered on or through the Services. Customer acknowledges that Verge Cloud does not monitor or exercise any editorial control over such content and, absent notification explicitly alerting Verge Cloud to the details of particular content, Verge Cloud does not know the substance of any content that Customer places on the Services.
    3. Verge Cloud provides no guarantee or warranty that Services shall be delivered from within any specified geography; and, unless specified otherwise in Customer’s Agreement, Services may be delivered from any geography or point of presence that Verge Cloud determines to be appropriate for performance and availability purposes. The geo-blocking/filtering capabilities included with a Service do not prevent or eliminate access via anonymous proxy or anonymizing VPN, and there is no guarantee that the IP addresses accurately reflect country boundaries. Verge Cloud shall not be liable to Customer or any third party for acts of a government authority or network provider – including without limitation new or modified laws or regulations or efforts to filter, block, alter, throttle, or otherwise damage data or traffic sent with the use of a Service – that, in Verge Cloud ’s reasonable discretion, prevent or make infeasible, delivery of traffic or provision of Services from, into, or in a specific geography.
    4. Customer-Initiated Configuration Changes
      1. Verge Cloud shall have no responsibility or involvement in the substance, intent, or outcome of any configuration changes, modifications, or adjustments to the Services that are initiated, instructed, or requested by the Customer and/or Customer Users (“Customer-Initiated Changes”). Verge Cloud’s role is strictly limited to executing such instructions as received, without obligation to review, validate, verify, or assess their impact.
      2. Accordingly, any consequences, including but not limited to errors, outages, performance and/or service degradation, downtime, data loss, misconfiguration, security issues, security vulnerabilities or other adverse effects (collectively, “Consequences”) arising directly or indirectly from such Customer-Initiated Changes shall be the sole and exclusive responsibility of the Customer.
      3. Verge Cloud shall not be liable in any manner whatsoever for any claims, losses, damages, liabilities, costs, or expenses arising out of or in connection with the execution of Customer-Initiated Changes, provided such execution was in accordance with the Customer’s instructions. The Customer expressly waives any right to assert any claim against Verge Cloud in this regard.
      4. The Customer acknowledges and agrees that:
        • Verge Cloud’s role in executing such changes is purely ministerial and technical in nature;
        • Verge Cloud does not evaluate the appropriateness, correctness, or impact of the Customer Instructions;
        • Any Consequences arising directly or indirectly from such Customer Instructions shall be the sole responsibility of the Customer.
      5. To the fullest extent permitted by applicable law, Verge Cloud shall not be liable, whether in contract, tort (including negligence), strict liability, or otherwise, for any loss, damage, liability, cost, or expense arising out of or related to the execution of Customer Instructions, provided such execution was in accordance with the instructions received.
      6. The Customer agrees to indemnify, defend, and hold harmless Verge Cloud from and against any and all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from or related to any Consequences caused by Customer Instructions.
  1. User’s Responsibilities and rights of Parties

Below are the guidelines which are expected from the Customers

    1. Responsible Use – The Customer is required to utilize the Services in a manner consistent with recognized industry standards and applicable law. The Customer shall bear full responsibility for its own use of the Services and all activities conducted by the Customer’s authorized users who are provided access to Services either directly or indirectly by the Customer (“Customer Users“). Any breach of this AUP by a Customer User shall be treated as a breach by the Customer. The Customer assumes sole liability for the content of all data, transmissions, or other activity conducted through the Services. Verge Cloud is not obligated to monitor, review, or control the Customer’s use of the Services or the content transmitted therein.
    2. Permissible Use Cases – The Services may only be used for specific, authorized purposes as defined by Verge Cloud. The Customer agrees to strictly adhere to the use cases approved by Verge Cloud and not indulge or use the Services, directly or indirectly, for any kind of Prohibited Content. The Customer shall not store , distribute and/or transmit any Prohibited Contents unsing the Services. Any use of the Services that deviates from these pre-approved purposes, even if not explicitly prohibited by applicable law, is strictly forbidden. Verge Cloud retains the right to terminate or suspend Customer accounts for activities falling outside of authorized purposes.
      For the purpose of this AUP, “Prohibited Content” includes but is not limited to the content which:

      1. belongs to another person and to which the user does not have any right;
      2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
      3. is harmful to child;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
      6. impersonates another person;
      7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation;
      8. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      9. is in the nature of an online game that is not verified as a permissible online game;
      10. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
      11. to send unsolicited email messages, which include, without limitation, bulk commercial advertising or informational announcements. This prohibition includes, but is not limited to: (i) sending excessive email messages or messages intended to harass, disturb, or annoy recipients; (ii) continuing to send email messages to a recipient after they have expressed a desire not to receive further communications; (iii) sending email messages that contain falsified or misleading header information; and (iv) sending malicious email messages that contain harmful content, such as viruses, malware, or phishing links.
      12. violates any law for the time being in force.
    3. Content and Storage Obligations – The Customer is solely accountable for ensuring that all content stored or transmitted via the Services, including but not limited to data within Verge Cloud’s Content Delivery Network (CDN), complies with this AUP and all applicable laws. Storing any content that is unlawful, prohibited, or otherwise in violation of this AUP constitutes a material breach and may result in immediate suspension or termination of the Customer’s account. These AUP applies regardless of whether the prohibited content is actively accessed through Verge Cloud Services or not. Customer shall ensure that its and its users’ use of the Services and all content transmitted, distributed or stored do not violate any applicable domestic or foreign laws or regulations including but not limited to the export control laws, or any laws relating to content distribution, encryption or any rights of any third party. Customer shall not use the Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to Verge Cloud network and Services, any other network or equipment, or to the Customer Users. Customer acknowledges that it is solely responsible for determining whether and to what extent the laws apply to its content and for obtaining all authorizations that may be required for use, transmission, distribution, storage, the export or reexport of such content to any destination or Customer User. Customer shall not, nor shall it cause Verge Cloud to, export, facilitate the export, or permit any third party to export, directly or indirectly, any item without appropriate licenses or other required authorizations. Customer shall be solely responsible for maintaining a copy of its content.
    4. Security and Data Integrity – Verge Cloud provides no warranty regarding the security or integrity of data transmitted through the Services or over the Internet. The Customer acknowledges that Verge Cloud shall not be held liable for any loss, unauthorized access, or compromise of data while utilizing the Services. The Customer shall be solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to their username, password, and any other authentication or security information used to access the Services. This responsibility extends to ensuring that such credentials are not shared with unauthorized individuals and are stored in a secure manner. The Customer must implement appropriate security measures, such as using strong passwords, regularly updating their credentials, and monitoring their account for any suspicious activity. In the event that the Customer suspects or becomes aware of any unauthorized access, use, or security breach involving their account, they are required to notify Verge Cloud immediately. Failure to promptly notify Verge Cloud of a security breach may result in the Customer being held responsible for any resulting damages or unauthorized activities conducted through their account.
    5. Threats: Customer acknowledges that the Services do not prevent or eliminate all attacks or security threats. Verge Cloud may, without notice, make changes to a Service’s application layer controls or any other aspects of the Service’s configuration at Verge Cloud ’s sole discretion. If necessary to apply application layer rule exceptions to Customer’s configuration to facilitate an update, Customer shall provide support as needed by Verge Cloud  in an expedient fashion so that Verge Cloud  can implement necessary changes. Customer authorizes Verge Cloud  to impose technical measures available in the Services in order to control or otherwise mitigate DDoS attacks. Measures taken to address DDoS attacks may result in degraded application and/or site performance; In the course of consuming or providing Services, as applicable, Customer or Verge Cloud  may report or identify events causing suspicion of an actual or anticipated application level or denial of service attack. Whether any such event constitutes an attack shall be determined solely by Verge Cloud . VERGE CLOUD  DOES NOT WARRANT OR GUARANTEE THAT: (I) THE SERVICES WILL DETECT OR MITIGATE ALL POSSIBLE ATTACKS, BOT REQUESTS, OR OTHER THREATS; (II) THE SERVICES WILL CORRECTLY CATEGORIZE AS BOTS ALL DETECTED REQUESTS; OR (III) CUSTOMER SCORES WILL ACCURATELY REPRESENT A CUSTOMER THREAT LEVEL. VERGE CLOUD  RECOMMENDS ALL CUSTOMERS MAINTAIN APPROPRIATE SECURITY CONTROLS AT THEIR ORIGIN SERVERS AND DATA CENTERS.
    6. Intellectual Property: Customer shall have the right to use deliverables and work product provided by Verge Cloud to Customer during the term of the subscription; but Verge Cloud  shall retain all rights in, and title to, deliverables and work product created while rendering Services. No activity performed in the course of Verge Cloud ’s rendering Services shall be considered joint development. Customer shall not attempt to reverse engineer, disassemble, decompile, or otherwise discover the source code, trade secrets, or methods of operation of the Services, nor shall it knowingly permit any third party to perform any of the aforementioned activities. Customer shall not use the  Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the Services, such domain name must not violate any trademark, service mark, or other rights of any third party.
    7. Compliance Obligations – The Customer is required to fulfill all obligations outlined in this AUP concerning Verge Cloud’s role as (i) the provider of Services, (ii) the owner of infrastructure or resources, or (iii) an entity otherwise responsible for any related assets or operations. Such obligations also extend to Verge Cloud’s affiliates and subcontractors, where applicable. However, Verge Cloud shall serve as the Customer’s primary point of contact for all matters pertaining to the Services. All Services provided by affiliates or subcontractors shall be governed by this AUP as though such Services were directly rendered by Verge Cloud.
    8. Notification and Enforcement of Violations – Verge Cloud will endeavor to notify the Customer of any suspected or confirmed breaches of this AUP, providing the Customer with an opportunity to rectify the violations before further action is taken. Notwithstanding, Verge Cloud reserves the right to immediately restrict, suspend, or terminate access to the Services in situations where:
      1. Verge Cloud’s assets, reputation, or network integrity are at risk due to a violation by the Customer;
      2. The violation involves activities that are unlawful or non-compliant with applicable regulations;
      3. The Customer is unresponsive to notifications regarding violations; or
      4. There are repeated or persistent breaches of this AUP.
    9. Artificial Intelligence Restriction – You may not use automated bots to access, scan, scrape, data mine, copy, or use the materials or content on Verge Cloud’s website for developing, training, fine-tuning, or otherwise contributing to or improving a machine learning model or artificial intelligence (AI) system or the operation thereof, unless your bot’s user agent is (i) explicitly permitted allowed to do so in this website and (ii) solely used to identify bots used for AI purposes (i.e., this provision does not apply to user agents that are used for multiple purposes, such as search engine indexing and AI purposes).
    10. Contact: Customer agrees to provide and appropriately update an escalation matrix that includes the names, email addresses, and phone numbers of at least one individual who are authorized and accountable for representing Customer in communicating technical requirements and giving approval for project schedules and milestones and whom Verge Cloud may contact for configuration, support, or security purposes, including data breach incidents. Customer is solely responsible for (i)distributing and managing access control keys and user login credentials associated with Services (ii) ensuring that Customer’s origin infrastructure has the capacity required to accommodate any additional load generated by Customer’s ordered Services.
    11. Data: As between Verge Cloud and Customer, Verge Cloud  retains all right, title and interest worldwide in the Services and all models, reports, analyses, statistics, databases and other information created, compiled, analyzed, generated, or derived by Verge Cloud  in connection with delivery of the Services and the operation of Verge Cloud ’s network (collectively, “Verge Cloud  Network Data”), regardless of the media in which such Verge Cloud  Network Data is embodied, now or in the future and shall have the right to use such data for purposes of providing, maintaining, developing and improving its products and services. Verge Cloud  Network Data may be created, compiled, analyzed, generated or derived from (a) aggregated network utilization and performance data generated and collected via the operation of Verge Cloud ’s network and/or in connection with the delivery of Verge Cloud  Services to Customer, (b) user/usage data collected by Verge Cloud  from Customer site traffic (which data may not be used to positively identify end users), and (c) Verge Cloud ’s proprietary information, software, code, technology, and other intellectual property. Verge Cloud  shall have the right to monitor and inspect traffic on Verge Cloud  network, as well as logs related to such traffic, as necessary to provide the Services and to derive and compile information relating to the type, nature, content, identity, behavior, signature, source, frequency, reputation, and other characteristics of Internet traffic and activity to help to identify attacks, malware, viruses, fraud, exploits, and other malicious activity that threatens Verge Cloud  customers (“Threat Data”). Verge Cloud  shall be free to use, distribute, and make derivative works of Threat Data for the purpose of (a) providing, maintaining, developing, and improving the Services offered to Verge Cloud ’s customers and partners; and (b) assisting in the detection, identification, analysis, mitigation and prevention of fraud and attacks against Verge Cloud  customers and partners. If Verge Cloud distributes Threat Data or derivative works incorporating Threat Data, to any third party, such distribution shall not directly identify Customer or its end users. To the extend personal information or personal identifiable information is included in the Threat Data or otherwise processed when Threat Data is generated, Verge Cloud ensures its compliance with applicable data protection laws. For Services that include a data collection and/or reporting component, Customer acknowledges that (i) data may be aggregated and/or limited to the data available to Verge Cloud  in certain jurisdictions and (ii) data collection limits vary across reports and are subject to change at Verge Cloud ’s discretion. Unless specified otherwise in Customer’s Agreement or applicable Service Documents, Verge Cloud  does not provide any guarantee for volume, collection rate, or applicability of such data. Additionally, such data (i) is intended solely for assessing media, web and/or security performance, (ii) is for Customer’s internal use only, and (iii) constitutes confidential information.
    12. Software: Any application programming interface, software development kit, or other software component (“Verge Cloud Tools”) provided by Verge Cloud for use with a Service constitutes Verge Cloud  intellectual property that is licensed, not sold, to Customer. Verge Cloud  hereby grants Customer a nonexclusive, non-transferable, non-sublicensable, worldwide license to use Verge Cloud  Tools solely to access and use the corresponding Services. Verge Cloud  Tools may be subject to additional terms that accompany Verge Cloud  Tool; and, by accessing and/or using any such Verge Cloud  Tool, Customer accepts the license terms. Customer shall not use Services, including without limitation Verge Cloud Tools, to track end users across non-Customer owned sites.
    13. Non-Verge Cloud Products and Services: Unless specified otherwise in Customer’s Agreement, Customer shall be solely responsible for the installation, maintenance, and support of appliances, hardware, software, and services acquired from third parties. If Customer relies on a third party to manage Services, Customer shall provide Verge Cloud  with a delegated point of contact for such third party. Customer authorizes Verge Cloud  to provide the third party with all access and information required by the third party to manage the Services. Customer acknowledges and agrees that third party products, software, and services may be subject to separate license agreements, warranties, or other terms and conditions provided or required by the supplier or manufacturer of such third party offerings. Customer’s use of a non-Verge Cloud  service, product, or application is subject to the provider making it available for interoperation with the relevant Verge Cloud  If Verge Cloud  provides support in connection with third party warranties, such support may be contingent upon Customer’s continued compliance with requirements outlined in applicable Service Documents, the subject third party products or services, and/or Customer’s efforts to address problems implicating the third party provider’s warranty and technical support policies directly with such third party. For Services used with nonVerge Cloud  products or services, Customer acknowledges that its obligation to pay Verge Cloud  for Verge Cloud  component of a combined solution is independent of the performance of any third party component or service. Additionally, for Services that integrate with, collect data from, or otherwise operate in concert with non-Verge Cloud  products or services, Customer represents and warrants that it has an active contract with the authorized provider of the relevant products and/or services.
  1. Infringement and Termination
    1. If Customer becomes aware of any content or activity that violates this AUP, Customer shall take all necessary action to prevent such content from being routed to, passed through, or stored on the Services. To the extent Verge Cloud becomes aware of any content or activities that Verge Cloud deems, in its sole discretion, to be in violation of this AUP, Verge Cloud may immediately block access to such content, suspend or terminate any affected Services, or take any other actions Verge Cloud deems appropriate. Verge Cloud shall be solely responsible for determining if any content or action violates this AUP. Verge Cloud reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm Services, reputation or customers. Verge Cloud also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including notifying such legal authorities or third parties of such alleged wrongdoing and disclosing the identity of the party that Verge Cloud deems responsible for the wrongdoing. Verge Cloud will endeavor to provide notice to Customer prior to suspension or termination of Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Verge Cloud. Verge Cloud shall not be liable for any damages of any nature suffered by Customer, any Customer User, or any third party resulting in whole or in part from Verge Cloud’s exercise of its rights under this AUP. Verge Cloud reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the AUP on its homepage, available at [Weblink]. Any use of the Services after such modification shall constitute acceptance of such modification.
    2. With respect to the Services, Verge Cloud operates pass-through network services used to improve network performance, not hosting provider services and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Should the Customer or their vendors concerned with material served through Verge Cloud’s network become aware of any activities or behaviour that may constitute violation this AUP or copyright infringement or other abuse, they are encouraged to report such violations at our mail id grievance@vergecloud.com or at our address – WeWork Prestige Atlanta, 80 Feet Rd, Koramangala 1A Block, Koramangala 3 Block, Koramangala, Bangalore, Bangalore South, Karnataka, India, 560034.

      You can also reach out to our Grievance Officer for the redressal of any grievances:
      Name: Amrit Raj
      Email Id: amrit@vergecloud.com
    3. While Verge Cloud does not actively monitor the content of the Customer’s communications or data transmitted through the Services, Verge Cloud reserves the right to investigate any potential violations of AUP. Such investigations may be initiated based on reports of violations, abnormal activity patterns, or other indications of non-compliance.
    4. Verge Cloud may, at its sole discretion, take a range of enforcement actions to address violations of this AUP. These actions may include, but are not limited to: (i) temporarily suspending or permanently terminating access to the Services for the Customer or specific Customer Users involved in the violation; (ii) reporting suspected illegal activities or breaches of security to relevant law enforcement or regulatory authorities, including providing them with any necessary information or evidence related to the violation; (iii) pursuing legal remedies, including seeking damages, injunctive relief, or other legal actions as deemed appropriate by Verge Cloud; and (iv) implementing additional monitoring, auditing, or security measures to prevent further violations. Verge Cloud’s decision to take any of these actions does not waive its right to pursue further legal action or remedies at any time.
    5. For the purpose of clarification, the websites and online Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
  1. Indemnity
    The Customer agrees that they will be responsible for their use of the Services, and they agree to defend, indemnify, and hold harmless Verge Cloud and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Verge Cloud Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with their access to, use of, or alleged use of the Service; (ii) any violation or usage of this AUP in an unlawful manner or any violation of representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between the Customer and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer (and without limiting your indemnification obligations with respect to such matter), and in such case, the Customer agrees to cooperate with our defense of such claim.
    Notwithstanding anything in this AUP, Verge Cloud shall also be entitled to seek any additional remedy available to it under the law as it deems fit. The above indemnification offered by Verge Cloud shall be the sole and exclusive remedy available to the Customer.
  2. Disclaimers; No Warranties
    THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT VERGE CLOUD ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. VERGE CLOUD ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, VERGE CLOUD ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.VERGE CLOUD ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  3. Limitation of Liability
    1. THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT VERGE CLOUD ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. VERGE CLOUD ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, VERGE CLOUD ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
    2. VERGE CLOUD ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  1. Governing Law
    1. All disputes or differences arising between the parties shall at the first instance be attempted to be resolved by good faith negotiation prior to commencing legal proceedings. Where the parties are unable to resolve a dispute by negotiation within 60 (sixty) days of commencement of the proceedings, such disputes shall be finally settled by arbitration conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, or any statutory amendments thereof. Each party shall appoint 1 (one) arbitrator within 30 (thirty) days from the time both parties agree to enter into arbitration. The two chosen arbitrators shall appoint a third arbitrator within 30 (thirty) days of their appointment. The seat of arbitration will be in Bangalore, India. The language of arbitration will be in English. Each party will bear its own expenses in the arbitration. The order passed by the arbitrator shall be final and binding upon the parties.
    2. These AUP shall be governed by and construed by the Law of India with the exclusive jurisdiction in courts at Bangalore, Karnataka.
  1. Amendments

Verge Cloud reserves the right to make modifications to this AUP at any time and your use of the Services confirms your consent to such modified AUP. If a revision materially alters your rights we will use reasonable efforts to contact You, including sending a notification to the e-mail address(es) associated with your account.