Terms of Service: Agreement for Engaging with Neshama.Cloud

Welcome to Neshama.Cloud, operated by Neshama Cloud Inc. These Terms of Service constitute a legally binding agreement between you, as an individual user or a representative of an institution, and Neshama Cloud Inc. ("Neshama.Cloud," "we," "us," or "our"). These terms govern your access to and use of the Neshama.Cloud website, our transformative ecosystem, and all associated services, programs, and content (collectively, the "Services"). By accessing or using any part of our Services, you signify your unreserved acceptance of and agreement to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our Services.

Acceptance of Terms

Your use of the Services indicates your full understanding and acceptance of these Terms. This includes your acknowledgement of our Privacy Policy, which explains how we collect, use, and protect your personal information. These Terms apply to all visitors, users, and others who access or use the Services.

Changes to These Terms

Neshama.Cloud reserves the right, at our sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Access and Use of the Services

User Accounts: To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Neshama.Cloud cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

User Conduct: You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party. Prohibited conduct includes, but is not limited to, engaging in any illegal activity, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Services. You must not introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.

Content You Provide: Any content you upload, post, link to, or otherwise make available through the Services ("User Content") remains your property, and you grant Neshama.Cloud a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such User Content in connection with the Services and Neshama.Cloud’s mission. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content. We reserve the right to remove any User Content at our discretion.

Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of Neshama Cloud Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Neshama Cloud Inc. For a comprehensive understanding of our intellectual property, please refer to our Full Intellectual Property & Copyright Policy.

Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Neshama.Cloud expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance. Neshama.Cloud does not warrant that the Services will be uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; or that the Services are free of viruses or other harmful components.

Limitation of Liability

In no event shall Neshama Cloud Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Indemnification

You agree to defend, indemnify, and hold harmless Neshama Cloud Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms; or c) content posted by you on the Services.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Miami, Florida, and the parties hereby consent to the personal jurisdiction and venue therein.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Neshama Cloud Inc. Email: neshama.cloud@icloud.com