R
Railscope
www.railscope.xyz
Legal

End User License Agreement

Railscope Software & Services

This End User License Agreement (the "Agreement") is a legal agreement between you (the "Customer", "you") and CLOUD CASTLES LTD, company ID 516383239 (operating the Railscope product and referred to herein as "Cloud Castles", "Railscope", "we", "us" or "our"). This Agreement governs your access to and use of the Railscope software, platform, APIs and related services (collectively, the "Service"), available at https://www.railscope.xyz.

By accessing or using the Service, you agree to be bound by its terms. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.

1 License Grant

Subject to your compliance with this Agreement and payment of applicable subscription fees, Cloud Castles grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes.

You may not use the Service for resale, redistribution, or providing a competing service.

2 Subscription & Access

  1. 2.1The Service is provided on a subscription basis. Access is granted only during an active, paid subscription period.
  2. 2.2Subscription plans, features, usage limits and pricing are defined in the applicable order form or plan and may be updated from time to time.
  3. 2.3We reserve the right to suspend or terminate access for non-payment, misuse, or violation of this Agreement, subject to the notice provisions in Section 10.

3 Restrictions

You may NOT:

4 Customer Data

  1. 4.1You retain all rights to data, logs, metrics, configurations and content you submit or process through the Service ("Customer Data").
  2. 4.2 You grant Cloud Castles a limited license to process Customer Data solely to:
    1. 4.2.1Provide and maintain the Service
    2. 4.2.2Generate analytics and operational insights for you
    3. 4.2.3Improve the performance and reliability of the platform, using aggregated and anonymized data only
  3. 4.3We do not sell Customer Data.

5 Service Availability

We aim to provide high availability but, except as set out in any applicable service level terms, do not guarantee uninterrupted service. The Service may be temporarily unavailable due to maintenance, upgrades, or network failures. Except as expressly stated, the Service is provided "AS IS" and "AS AVAILABLE".

6 Security & Privacy

We use commercially reasonable efforts to protect Customer Data. You acknowledge that no system is completely secure and that you use the Service at your own risk. Where the Service processes personal data, the parties will cooperate, as reasonably required, to comply with applicable data protection laws.

7 Intellectual Property

Cloud Castles retains all right, title and interest in and to Railscope, including:

The software Platform infrastructure Algorithms Documentation Branding and trademarks

No rights are granted except as explicitly stated in this Agreement.

8 Fees & Payment

  1. 8.1Fees are billed in advance on a recurring subscription basis (monthly or annually, depending on plan), as set out in your order or plan.
  2. 8.2All fees are non-refundable except where required by law.
  3. 8.3Failure to pay may result in suspension or termination of access in accordance with Section 10.

9 Confidentiality

  1. 9.1"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data and the Service's technology, pricing and roadmap.
  2. 9.2Each party will protect the other's Confidential Information with at least the same care it uses for its own (and no less than reasonable care), and will use it only to perform under this Agreement.
  3. 9.3Confidential Information does not include information that is or becomes public through no fault of the receiving party, was lawfully known prior to disclosure, or is independently developed. A party may disclose Confidential Information where required by law, giving prior notice where legally permitted.

10 Termination

  1. 10.1You may cancel your subscription at any time, and access continues until the end of the then-current billing cycle, except where: (a) your order or plan provides otherwise; or (b) you have an online subscription.
  2. 10.2Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend access immediately where payment is overdue or where continued use poses a security, legal, or harm risk, and will restore access promptly once the cause is resolved.
  3. 10.3Upon termination, your right to use the Service ceases immediately. We will, on request made within thirty (30) days, make Customer Data available for export.

11 Disclaimer of Warranties

Except as expressly stated in this Agreement, the Service is provided "AS IS" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12 Limitation of Liability

To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data or business interruption. Each party's total aggregate liability under this Agreement shall not exceed the amount paid by the Customer to Cloud Castles in the twelve (12) months preceding the event giving rise to the claim.

13 Indemnification

You agree to indemnify and hold harmless Cloud Castles from any third-party claims, damages or liabilities arising from your use of the Service, your violation of this Agreement, or your violation of applicable laws.

14 Third-Party Services

The Service may integrate with third-party services. We are not responsible for third-party systems, uptime, or content.

15 Changes to Terms

We may update this Agreement from time to time. For material changes affecting an active subscription, we will provide reasonable prior notice. Continued use of the Service after the changes take effect constitutes acceptance of the revised terms.

16 General Provisions

  1. 16.1Entire Agreement. This Agreement, together with any applicable order form, is the entire agreement between the parties and supersedes all prior discussions. In the event of a conflict, the order form prevails over the body of this Agreement.
  2. 16.2Assignment. Neither party may assign this Agreement without the other's prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, on written notice.
  3. 16.3Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, war, civil unrest, strikes, or failures of telecommunications or internet infrastructure.
  4. 16.4Severability & Waiver. If any provision is held unenforceable, the remainder continues in effect. A party's failure to enforce any right is not a waiver.
  5. 16.5Notices. Notices under this Agreement shall be in writing and sent to the parties' registered addresses or to the contact in Section 18, and are deemed received upon confirmed delivery.
  6. 16.6Survival. Sections 3, 4, 7, 9, 11, 12, 13, 16 and 17 survive termination or expiration of this Agreement.

17 Governing Law & Jurisdiction

This Agreement shall be governed by and construed under the laws of the State of Israel, without regard to its conflict of law principles. The competent courts of Tel Aviv-Jaffa shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.

18 Contact

For questions regarding this Agreement:

Railscope (Powered by Cloud Castles Ltd)