Terms of Service Agreement for Notos Cloud Waitlist Participation

Last updated: 28 September, 2024

At Notos Cloud, we're passionate about simplifying your life by unifying all your cloud storage solutions into one seamless platform. We're currently in the early stages of development, and your feedback is crucial in shaping Notos Cloud into the best possible product.

This Terms of Service Agreement outlines the terms and conditions for participating in our watlist program. By participating, you will gain to early communication regarding our software. We appreciate your interest and look forward to your participation!

This Terms of Service Agreement ("Agreement") is made by and between:

• Avani Dubey ("Co-Founder of Notos Cloud"),
• Michael Septirymen ("Co-Founder of Notos Cloud"), and
• Nikhil Lakhwani ("Co-Founder of Notos Cloud"), (collectively, the "Founders")

and

• [Authorized Waitlist Member] ("Participant")

WHEREAS, the Founders are developing a cloud-storage platform called Notos Cloud, and

WHEREAS, the Founders desire to obtain general feedback of the Notos Cloud platform (the "Prototype") from the Participant, and

WHEREAS, the Participant desires to participate in the waitlist program

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY REGISTERING YOUR EMAIL AS A PARTICIPANT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND HAVE AGREED TO BE BOUND THE CLAUSES WITHIN THE AGREEMENT.

1. Waitlist

• The Waitlist is a collection of Participants who have agreed to enter into this agreement. By signing up for the Waitlist, the Participant agrees to the Agreement in its entirety.
• The Participant agrees to receive updates, marketing emails, and other communication related to the product, sent to the email address the Participant inputs.
• Participating in the Waitlist does not guarantee access to the software when it launches.
• Participating in the Waitlist does not guarantee any specific benefit for the Participant.

2. Product

• The details of Notos and all products derived from it is subject to change at any time at the discretion of the Founders.
• The Participant will be notified of details regarding changes in the product if and when the Founders deem it to be necessary.

3. Intellectual Property

• All intellectual property rights in and to the product, including but not limited to copyrights, trademarks, and patents, are and shall remain the joint property of the Founders.
• The Participant assigns to the Founders all right, title, and interest in and to any suggestions, feedback, or improvements generated by the Participant for any feedback given.

4. Disclaimers and Limitations of Liability

• THE WAITLIST IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE FOUNDERS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• THE FOUNDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE PRODUCT OR WAITLIST, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

5. Termination

• The Founders may terminate this Agreement and the Participant's participation in the Waitlist program at any time and for any reason, with or without notice.
• The Participant may voluntarily withdraw from the Waitlist program at any time by unsubscribing through any of the emails, or by emailing the Founders at notoscloud@gmail.com.

6. Data Collection

• The Participant acknowledges and agrees that the Founders will collect the Participant's email address for the purpose of sending email updates, marketing materials, and sales information related to Notos Cloud.
• The Participant's email address will be stored securely on Mailchimp and Google Servers.
• Notos reserves the right to store their email addresses on Notos servers and any other servers or other third-party applications Notos might use in the future.

7. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

9. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

10. No Waiver

No waiver by either party of any breach of this Agreement shall be deemed to be a waiver of any subsequent breach.

11. Electronic Transmission

This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (ii) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means, and each party forever waives any related defense.

12. Changes to Policy

The Founders reserve the right to amend this agreement at any time without prior notice to the Participant. If we make any substantial changes in any way which requires the use of your personal information, you will be notified through email update.

13. Contact Information

The Participant may contact The Founders at any time regarding this Agreement, or the product by emailing notoscloud@gmail.com.

14. Agreement Provision

By entering an email address, the Participant acknowledges that they have read this Agreement and its contents in its entirety and agrees upon the terms listed in this Agreement. The Founders and the Participant agree to comply with the terms listed.