Terms of Service

Erti Cloud is a brand of [full name of the individual entrepreneur — to be filled in], an individual entrepreneur registered in Georgia, identification number [identification number of the individual entrepreneur — to be filled in], registered address [registered (legal) address in Georgia — to be filled in] (“Erti Cloud”, “we”, “us”).

You can contact us at hello@erticloud.com. Legal notices should be sent to legal@erticloud.com.

These Terms of Service (“Terms”) apply to erticloud.com, worvli.erticloud.com, remote.erticloud.com and any other website we operate (together, the “Websites”), and to every product, app, game and online service published by Erti Cloud (the “Products”).

Some Products have their own terms, which form part of your agreement with us:

• Worvli — the Worvli Terms of Use;
• Remote — the Remote End User License Agreement.

If product terms and these Terms conflict, the product terms apply to that Product. The Acceptable Use Policy applies to all Products and Websites. How we handle personal data is described in the Privacy Policy and in the privacy policies of each Product.

By using the Websites or a Product, you agree to these Terms. If you do not agree, please do not use them.

If you use a Product on behalf of a company or another organisation, you confirm that you are authorised to accept these Terms for it, and “you” then also means that organisation.

You must be able to enter into a binding contract under the law that applies to you. If you are under the age of majority in your country, you may use the Products only with the consent and under the supervision of a parent or legal guardian, who accepts these Terms on your behalf.

Purchases inside apps are made through the app store, and the parental controls of that store apply.

You may browse the Websites and share links to them for personal and non-commercial purposes. Information on the Websites describes our Products and plans in good faith, but it is general information and not an offer to enter into a contract. Products marked “in development” or “coming soon” may change, be delayed or not be released.

Please also read our Disclaimer.

The Websites, the Products and their content — including software, designs, texts, graphics, logos and the names “Erti Cloud”, “Worvli” and “Remote” — belong to us or to our licensors and are protected by intellectual property laws.

We grant you only the rights expressly described in these Terms and in the product terms. Open-source components included in our Products are licensed under their own licences, which apply to those components and are not limited by these Terms.

Where a Product offers paid content, the price is shown before you buy. Purchases in our mobile apps are processed by Apple (App Store) or Google (Google Play) under their terms, which also govern payment, billing and refunds.

Nothing in these Terms limits any right to a refund or other remedy that you have under the mandatory law of your country.

Our Products run on platforms and use services provided by others, such as app stores, operating systems and network services. Their terms and privacy policies apply to your use of them. We are not responsible for third-party services we do not control, but we choose them carefully and describe in our privacy policies which ones a Product uses.

We work hard to make our Products reliable and secure. However, to the extent permitted by law, the Websites and Products are provided “as is” and “as available”, without warranties of any kind beyond those set out in these Terms or required by law. In particular, we do not promise that they will be uninterrupted, error-free or free of vulnerabilities, or that they will meet every need you have.

If you are a consumer, you keep your statutory rights, including rights relating to the conformity of digital content and digital services where your law provides them. This section does not limit those rights.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for damage caused intentionally or by gross negligence, or for any other liability that cannot be excluded or limited under applicable law.

Subject to the previous paragraph and to the extent permitted by law:

• we are not liable for indirect or consequential loss, or for loss of profits, revenue, business opportunities or goodwill;
• we are not liable for loss or corruption of data that you could have prevented by keeping reasonable backups, or for loss caused by your devices, your network or third-party services;
• our total liability arising out of or in connection with the Websites and a Product is limited to the greater of the amount you paid for that Product in the twelve months before the event giving rise to the claim, and 50 US dollars (or its equivalent in your currency).

If you use the Products for business purposes and a third party brings a claim against us because you breached these Terms, the product terms or the law, you agree to compensate us for the resulting losses and reasonable costs, to the extent permitted by law. This section does not apply to consumers.

You can stop using the Websites and Products at any time, for example by uninstalling an app.

We may suspend or end your access to an online part of a Product, such as a server we operate, if you seriously or repeatedly breach these Terms, the product terms or the Acceptable Use Policy, or if we must do so by law. Where reasonable, we will warn you first and explain why.

We may change, discontinue or stop distributing a Product. If we discontinue a Product that you paid for, we will announce it at least 30 days in advance where possible, and you keep any rights the law gives you.

Sections that by their nature should continue — such as those on intellectual property, liability and disputes — remain in force after termination.

We may update these Terms, for example when we add a Product or when the law changes. Each version has a version number and an effective date, and earlier versions are listed in the version history below.

If a change is material, we will announce it on the Websites and, where possible, in the Products at least 30 days before it takes effect. Material changes do not apply to purchases made before they take effect. If you do not agree with a change, you may stop using the Products before it takes effect; continuing to use them afterwards means that you accept the updated Terms.

These Terms are governed by the law of Georgia. If you are a consumer, this choice of law does not deprive you of the protection given to you by the mandatory provisions of the law of the country where you habitually live.

If you have a complaint, please write to legal@erticloud.com first; we will try to resolve it within 30 days. If we cannot, disputes will be decided by the competent courts of Georgia in Tbilisi. If you are a consumer, you may also bring proceedings in the courts of the country where you live, if its law gives you that right.

If any part of these Terms is found invalid or unenforceable, the rest remains in force, and the invalid part is replaced by a valid provision that comes as close as possible to its purpose.

If we do not enforce a right immediately, we do not waive it. You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations to a successor of our business, provided this does not reduce your rights.

We are not responsible for delays or failures caused by events beyond our reasonable control.

These Terms are written in English and translated into other languages for convenience. If a translation differs from the English version, the English version applies, unless the mandatory law of your country requires otherwise.

Questions about these Terms: legal@erticloud.com. General questions: hello@erticloud.com.