Quper (XEqualTo Analytics Pvt. Ltd.) ("Quper", "our", "we" or "us") offers its customers ("Customers" or "you") an online Software-as-a-Service Cost Observability platform (the "Solution"). Our website at www.quper.co offers visitors ("Website" and "Visitors") information about our company, technology and the Solution, as well as demos and trials of our Solution. The Website, together with the Solution and related services, shall be referred to as the "Services".
The term "Users" refers to: (I) the Customer; (II) the Customer's admin user of the Solution ("Customer Admin"); (III) Customer employees and any other personnel who access and/or use the Services under Customer's account ("End User(s)"); and (IV) where applicable, Visitors. Each of the Users may access and use the Services in accordance with the terms and conditions hereunder.
By entering to, connecting to, accessing or using the Services, you acknowledge that you have read and understood these Terms of Use (the "Terms"), including our Privacy Policy, and you agree to be bound by the Terms and to comply with all applicable laws and regulations. You agree that these Terms constitute a binding and enforceable legal contract between Quper and you.
ATTENTION — PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SOLUTION AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES AND/OR SOLUTION IN ANY MANNER.
IF YOU ARE THE FIRST PERSON TO USE OR ACCESS THE SERVICES ON BEHALF OF YOUR ORGANISATION, YOU ARE DEEMED THE CUSTOMER ADMIN AND REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THE CUSTOMER TO THESE TERMS. CUSTOMER ADMIN, END USER, AND CUSTOMER HEREBY REPRESENT AND WARRANT THAT CUSTOMER ADMIN AND END USER'S USE OF AND ACCESS TO THE SERVICES ASSOCIATED WITH CUSTOMER ARE PERFORMED UNDER CUSTOMER'S AUTHORISATION AND SHALL INURE TO THE BENEFIT OR LIABILITY OF THE CUSTOMER.
Any separate written agreement entered into between Quper and Customer shall take precedence over conflicting provisions in these Terms.
1.1 Quper Solution. The Quper Solution is an online Software-as-a-Service Cost Observability platform. In order to use it, Customer will need to provide Quper with certain internal financial operations data, documents and information and/or provide Quper with relevant access credentials and thereby allow Quper to collect, process and analyse such data. Customer (including via the Customer Admin) acknowledges and agrees that it (and not Quper) has sole control over which information or access credentials are provided to Quper.
1.2 Scope and Applicability. These Terms of Use apply only to your access and usage of the Services.
1.3 Modification of the Services. Quper may continuously update its Services with new capabilities or replace and/or discontinue existing ones. You acknowledge and agree that some features may be experimental and/or offered in limited versions or locations. Quper may, at its sole discretion, add or remove supported features from the Solution. Where such changes reflect a material decrease in functionality, Customer's sole remedy is to terminate the affected subscription by providing written notice within fourteen (14) days of being notified of the adverse change, and Quper shall refund any pre-paid unused subscription fees.
1.4 Artificial Intelligence. Certain components of the Solution may include AI functionalities ("AI Tools") based on large-scale language models. The AI Tools do not use or store any personal information, and no training is performed on Customer Data (as defined below). The AI Tools are made available as Beta Features solely for evaluation purposes. Customer retains sole control over, and responsibility for, the use of the AI Tools and any content or output generated therefrom ("AI Output"). Customer Admin may discontinue use of the AI Tools at any time. Customer is solely responsible for reviewing and validating all AI Output and for determining its suitability for Customer's intended use. In using the AI Tools or any AI Output, Customer shall not violate any applicable law, infringe any third-party rights, or breach these Terms. The AI Tools are provided solely as a decision-support tool and not as a substitute for professional judgment or independent verification. AI Output may be inaccurate, incomplete, or misleading. Customer acknowledges and agrees that use of the AI Tools and any AI Output is at Customer's sole risk, and Quper disclaims all representations, warranties, and liabilities arising from or relating to Customer's use of or reliance upon the AI Tools or AI Output.
1.5 Beta Features. From time to time, Quper may make certain services, features, or functionality available on a preview, beta, or early-access basis ("Beta Features"). Beta Features are made available for testing and evaluation purposes only and are not generally available or supported products. Quper may modify, suspend, or discontinue Beta Features at any time without notice and without liability. Beta Features are provided "As Is," "As Available," and without any representations or warranties of any kind. Quper specifically disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement with respect to Beta Features. Use of Beta Features is at Customer's sole risk. Beta Features are not subject to any service level agreements, uptime commitments, support obligations, warranties, or indemnities applicable to the Services, unless otherwise expressly stated in writing by Quper.
2.1 Account Registration. To use the Services, the Customer must register and open an account through the Website or as otherwise directed by Quper (the "Quper Customer Account"). We require your name, organisation name, email, and password, as well as consent for Quper to receive and process your Customer Data. We may allow Customer Admin and/or other End Users to invite additional End Users to join the Quper Customer Account. A person receiving such an invite who is not yet registered may be required to first register and open an End User account ("Quper End User Account"). The term "Customer Account" refers to the Quper Customer Account and/or the Quper End User Account, as applicable.
2.2 Customer Admin Permissions. A Customer Admin holds and may, to the extent enabled by Quper, delegate different roles and permissions to End Users — including designating other End Users as Customer Admin, granting view and access rights, etc. Customer and Customer Admin are solely responsible for any determinations made regarding role and permission designations.
2.3 Account Security. You are responsible for maintaining the confidentiality of your Customer Account login credentials and all activities under your Customer Account. You agree not to disclose credentials to any third party. We reserve the right to suspend or terminate your Customer Account if we determine that you or anyone on your behalf is using it in violation of these Terms, the law, or any other legal requirement.
2.4 Demos & Trials. We may make available demonstrations ("Demos") and/or free or paid trials ("Trials"). These Terms govern any Demos and Trials. You acknowledge that we may, at our sole discretion, add, remove, discontinue, edit or otherwise change any Demos or Trials (ongoing or prospective) and the Services made available thereunder, without notice, and delete any Customer Data provided in connection with such Demos and Trials.
2.5 User Updates. To modify or terminate your Customer Account, contact Quper support at connect@xequalto.com. Your account will be terminated within a reasonable time following your request, and from that date you will no longer be able to access it and the permissions, rights and licences granted to you under these Terms shall terminate.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY ASSOCIATED WITH YOUR CUSTOMER ACCOUNT. QUPER SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
3.1 Order Form. We may require you to execute a Purchase Order ("Order Form") specifying fees ("Fees"), scope of Services, subscription plan and term ("Subscription Term"), termination rights, and payment terms. Order Forms may be accepted online or by mutual acceptance in writing.
3.2 Payment of Fees. We may allow several means of payment including bank transfer and online payment gateways via third-party payment processing service providers ("Payment Services"). If you choose to proceed with an online payment, you: (i) agree to review and be bound by the relevant Payment Services' terms of use and privacy policy; (ii) acknowledge that you may need to hold or register an active account at such Payment Services to complete a purchase; and (iii) acknowledge that confirmation or rejection of payment is not performed by Quper. We are not responsible or liable for any activities of Payment Services, and you agree to hold us harmless and expressly release us from any liability arising from any payment activity performed on our Services.
3.3 Unless otherwise agreed in an Order Form, all Order Forms are final and may not be cancelled or terminated for convenience by User or Customer. Quper may cancel or terminate an Order Form at any time for convenience by providing written notice, in which case Quper shall refund any pre-paid unused Fees.
3.4 Unless otherwise outlined in an Order Form, all Fees shall be paid to Quper before the provision of the relevant Services.
4.1 Quper Intellectual Property. Any proprietary and intellectual property rights in and to the Services, Solution and Website — including content, logos, graphics, icons, images, the selection, assembly and arrangement thereof (the "Content"), Quper's trademarks, trade names, copyrightable materials, designs, "look and feel," and all Feedback (collectively, "Quper Properties") — are owned by and/or licensed to Quper or its affiliates and licensors and are subject to applicable intellectual property laws and international conventions.
4.2 Your Use Rights. Subject to your compliance with these Terms, Quper grants you a limited, worldwide, non-exclusive, non-assignable, non-sublicensable, fully revocable licence to access and use the Website and, where you have purchased a Subscription (or registered for a Trial or Demo), to use the Solution solely for Customer's internal business purposes. As between Customer and Quper, Customer retains all rights, title and interest in and to Customer Data.
4.3 Use Restrictions. You may not and shall not permit any person or third party to: (i) copy, modify, distribute, publicly display, transfer, reverse engineer, compile, decompile, disassemble or create derivative works of the Solution; (ii) remove or delete any copyright notices or proprietary signs; (iii) frame or mirror any part of the Services or create a browser environment that bypasses the main interface; (iv) transmit unlawful content or content that infringes third-party rights; (v) transmit or make available malware or other harmful code; (vi) interfere with or disrupt the Services; (vii) use the Services for spam or illegal conduct; (viii) build a competitive product or service; (ix) publish benchmark or comparative analyses relating to the Services; (x) bypass access controls; or (xi) infringe or violate any term of these Terms. Upon Quper's request, you will immediately return and purge all materials collected or created in breach of these Terms.
4.4 Feedback. Any suggestions or feedback you provide to Quper ("Feedback") is provided "As Is" and shall be deemed the sole and exclusive property of Quper. You irrevocably assign to Quper all rights, title, and interest in and to all Feedback and waive any moral rights you may have therein.
4.5 Third-Party Components. The Services may include third-party software subject to open source or third-party licence terms ("Third-Party Components"). Your right to use such Third-Party Components is subject to their applicable licence terms. Quper disclaims all liability related to Third-Party Components. Quper makes no warranties or representations as to the quality, capabilities, operations, performance or suitability of Third-Party Components. No portion of the Services (except for the Third-Party Components contained therein) shall be deemed "open source" or "publicly available" software.
Either party (a "Disclosing Party") may disclose confidential information regarding its technology, operations and business ("Confidential Information") to the other party (a "Receiving Party"). The Receiving Party agrees to use best reasonable industry measures to protect the confidentiality of and not disclose Confidential Information to any third party, except as required to provide or use the Services.
Confidential Information does not include information that the Receiving Party can show by written evidence: (a) was already lawfully known to or independently developed by the Receiving Party without access to Confidential Information; (b) was received from a third party without restrictions; or (c) is publicly and generally available free of confidentiality restrictions.
The Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar legal requirement, provided it gives the Disclosing Party prompt notice and cooperates to minimise such requirement. The Receiving Party shall restrict disclosure to employees with a need to know, bound by confidentiality obligations no less restrictive than those herein. The Receiving Party shall remain liable for actions or omissions of its employees and service providers as if performed by the Receiving Party itself. Upon termination or expiration of this agreement or upon User's written request, Quper shall return or permanently destroy all Customer Data in its possession.
6.1 Privacy Policy. We respect the privacy of our Users and are committed to protecting personal information shared with us or collected in connection with the Services. By accessing or using the Services, you agree to our Privacy Policy.
6.2 Compliance with Data Protection Laws. Quper and Customer shall comply with all applicable privacy and data protection laws, including the EU's General Data Protection Regulation (2016/679) ("GDPR") and any other applicable laws relating to the processing of Personally Identifiable Information ("PII"). To the extent Customer Data includes PII ("Customer Data PII"), Quper shall be deemed a "Data Processor" and Customer shall be deemed a "Data Controller." Customer represents it is legally authorised and has obtained all required approvals and consents to allow Quper to process Customer Data PII. Customer agrees that Quper may retain Customer Data PII for as long as Customer's account is active or as needed to provide the Services and as permitted by applicable law.
6.3 Authorisation to Share Customer Data. You represent and warrant that you have the full right, permissions, and consent to use and share any data and information you make available to us through the Services, including Customer Data PII (collectively "Customer Data").
6.4 Security of Customer Data. Quper will use commercially reasonable efforts to: (i) ensure the security and confidentiality of Customer Data PII; (ii) protect against anticipated threats or hazards to its security or integrity; (iii) detect unauthorised access to or use of such records; and (iv) protect against unauthorised access that would result in harm to Customer.
6.5 Licence to Use Customer Data. You grant Quper a non-exclusive, non-assignable, non-transferable licence to use Customer Data made available to us in the scope of your use of the Services (including for collection, storage, processing, analysis, display, and creation of derivatives) solely for the purpose of providing the Services to Customer and associated End Users.
6.6 Anonymous Cumulative Information. You grant Quper a perpetual, irrevocable, non-exclusive, worldwide, royalty-free right and licence to use Customer Data PII that has been anonymised and cannot be used to identify Customer or any End User, solely for internal research or improving the Services.
6.7 Deletion of Customer Data. Upon termination of the Services, Quper will, within thirty (30) days, delete all information provided by Customer and any analysis results provided as part of the Services.
The Services' availability and functionality depend on various factors, such as communication networks, software, hardware, and Quper's service providers and contractors. Quper will make all reasonable efforts to have the Services available in accordance with the Service Availability Terms listed in Exhibit A below. Notwithstanding the foregoing, Quper does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorised access or will otherwise be error-free.
You must be at least eighteen (18) years of age to use the Services. By using the Services and agreeing to these Terms, you represent and warrant: (i) that you are at least eighteen (18) years of age; or (ii) that you are the legal guardian of a User under eighteen (18) and both you and the User have read, agreed to, and approved of the User's continued use of the Services; (iii) that you have not previously been suspended or removed from the Services; and (iv) that your use of the Services is in compliance with all applicable laws and regulations.
9.1 QUPER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES (OR ANY PART THEREOF). THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, MATERIALS, DATA AND INFORMATION MADE AVAILABLE THERETHROUGH OR RELATED THERETO, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOLUTION AND SERVICES INCLUDE COMPLEX COMPUTER SOFTWARE THE PERFORMANCE OF WHICH WILL VARY DEPENDING ON CUSTOMER'S SOFTWARE INTERACTIONS, NETWORK CONFIGURATION, AND OTHER FACTORS NOT CONTROLLED BY QUPER. QUPER AND ITS AFFILIATES AND/OR SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AND PARENT COMPANIES (COLLECTIVELY, "QUPER AFFILIATES"), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR USE OF THE SERVICES.
9.2 QUPER DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, SOLUTION AND/OR WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES AND/OR WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK.
YOU RELEASE AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS QUPER, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING REASONABLE ATTORNEY'S FEES, RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THESE TERMS; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SERVICES; OR (III) ANY RIGHTS OF A THIRD PARTY WITH REGARD TO YOUR CUSTOMER DATA, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS.
We will provide you with written notice of such claim and allow you to assume the exclusive defence and control of any matter subject to indemnification, provided you conduct such defence diligently.
11.1 EXCEPT WITH RESPECT TO DAMAGES ARISING FROM QUPER'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, AND EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL QUPER AND/OR ANY OF THE QUPER AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, THE SOLUTION, USE OR INABILITY TO USE THE SOLUTION AND/OR SERVICES, FAILURE OF THE SERVICES TO PERFORM AS EXPECTED, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF QUPER TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF QUPER BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD-PARTY WEBSITES.
11.2 IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, QUPER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, QUPER'S LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER TO QUPER UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE. IN ANY CASE NO ACTION MAY BE BROUGHT IN CONNECTION WITH THE SERVICES MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
11.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR QUPER'S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF QUPER AND/OR ANY QUPER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
Quper may change these Terms occasionally, at its sole discretion and without any notice. We will notify you regarding substantial changes on the Services homepage and/or by sending notifications to the email address in your Customer Account. Such substantial changes will take effect seven (7) days after such notice. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date, and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
13.1 Relationship of the Parties. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.
13.2 Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, with proceedings conducted in English in Bengaluru, India. You hereby consent to the exclusive jurisdiction and venue of such proceedings.
13.3 Assignment. You may not assign, sublicense, or otherwise transfer any rights or obligations under these Terms without Quper's prior express written consent. Quper may assign its rights and/or obligations and/or transfer ownership rights in the Solution and Services (or any part thereof) to a third party without notice.
13.4 Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
13.5 No Waiver. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
13.6 Without limitation, you agree that a printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form.
If you wish to receive more information on these Terms, please contact:
Quper (XEqualTo Analytics Pvt. Ltd.)
connect@xequalto.com
1. Definitions
1.1 Except for terms defined herein, capitalised terms used and not defined herein shall have the meaning as set forth in the Terms.
1.2 "Downtime Event" means the time in which the Solution is unavailable to the Customer as measured and determined by Quper based on its servers. Downtime Events exclude: (i) planned downtime events announced or notified to Customer in advance by Quper, including for periodic upgrade and maintenance; and/or (ii) any time where Quper is awaiting information from the Customer or awaiting Customer confirmation that the Solution has been restored.
1.3 "Downtime Period" means the number of minutes in a calendar month during which the Solution is unavailable to the Customer due to Downtime Event(s).
1.4 "Availability" means the total number of minutes in a calendar month minus the Downtime Period, divided by the total number of minutes in a calendar month and multiplied by 100.
2. Subject to Customer's compliance with the Terms, including timely payment of all applicable Fees due and payable to Quper for the duration of the Subscription Term, Quper will provide Customer with access to the Solution on a twenty-four hour, seven days a week (24x7) basis at a rate of 98% availability ("Solution Availability"). The Solution Availability shall commence on the Effective Date of the Order Form.
3. THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IN CASE OF BREACH BY QUPER OF ITS SOLUTION AVAILABILITY OBLIGATIONS UNDER THESE TERMS SHALL BE QUPER'S USE OF REASONABLE EFFORT TO RESOLVE CRITICAL BUGS CAUSING SUCH BREACH.
4. IN ADDITION TO THE ABOVE, A "DOWNTIME EVENT" WILL EXCLUDE, AND THE SOLUTION AVAILABILITY OBLIGATION HEREUNDER SHALL NOT APPLY TO, ANY EVENT THAT: (I) IS CAUSED BY FACTORS BEYOND QUPER'S REASONABLE CONTROL, SUCH AS BROAD CLOUD SERVICE (e.g., AWS) OUTAGE OR WAF (CLOUDFLARE) OUTAGE; (II) RESULTED FROM CUSTOMER'S SOFTWARE OR HARDWARE, AS WELL AS EVENTS CAUSED BY THE CUSTOMER'S OWN MANAGEMENT OR MISUSE OF THE SOLUTION/QUPER'S SERVICES; (III) RESULTED FROM ABUSES OR OTHER BEHAVIOURS ON BEHALF OF THE CUSTOMER OR UNRELATED THIRD PARTIES THAT VIOLATE THE TERMS; (IV) RESULTED FROM DOWNTIME OF THE CLOUD SERVICE PROVIDER; OR (V) IS OTHERWISE EXPLICITLY EXCLUDED UNDER THESE SERVICE AVAILABILITY TERMS.
