The following terms and conditions (the “Agreement”) govern the use of the FlashEdge websites and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by StormIT Europe s.r.o. (“StormIT”). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.

This Agreement is between StormIT and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.

Submitted content

You retain the rights to content you submit to the Service. You grant StormIT and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Submitted content will be stored for a maximum of 365 days.

Limits

You acknowledge and agree that StormIT imposes a limit on the size and the number of requests you may send to the Service. StormIT may change such limits at any time, at StormIT’s sole discretion.

Payments

By accepting these terms you agree to pay StormIT the listed price. You agree to pay StormIT the applicable fees for your usage of the Service. You will be billed weekly or monthly for the fees calculated over the previous calendar week or month.

You authorize StormIT to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice. Listed prices are in U.S. dollars (USD) and exclude any sales tax (VAT) when applicable. The charged prices are equal to the listed prices plus the amount of sales tax (VAT) to be paid according to the issued invoice. Payments are not refundable.

Duration of Service

This "Duration of Service" clause outlines the terms regarding the duration of the services provided by StormIT to users of our platform or websites ("Service").

1. Service Duration

The Service provided by StormIT begins when you accept these Terms of Use and continues until terminated by you or StormIT, as described in this clause.

2. User Termination

You may terminate your use of the Service at any time by discontinuing your access to the platform or website and deleting your account, if applicable.

3. Termination by StormIT

StormIT reserves the right to terminate or suspend your access to the Service at our sole discretion and without notice, including, but not limited to, situations where you violate these Terms of Use especially with regards to your payment obligations or if you engage in activities that are harmful to other users, StormIT, or third parties. StormIT also reserves the right to close your account with a 30 day’s notice if there is no user activity within a 12 month period.

4. Effect of Termination

Upon termination of your access to the Service, whether by you or StormIT, you will no longer have access to your account, and any data associated with your account may be deleted in accordance with our Privacy Policy. Any provisions of these Terms of Use that by their nature should survive termination (including, but not limited to, intellectual property rights, indemnification, disclaimers, and limitations of liability) shall continue to apply even after termination.

5. Changes to Service Duration

StormIT reserves the right to modify, suspend, or discontinue any part or all of the Service at any time, including the availability of any feature, database, or content, with or without notice. You agree that StormIT shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Service.

Ownership

When subscribing to the Service StormIT grants you a non-exclusive, non-transferable, non-sublicensable license during your subscription period to use the Service.

Intellectual property

StormIT respects the intellectual property rights of others. StormIT asks you to respect the intellectual property rights of StormIT. All rights, title and interest in and to such property will remain solely with StormIT.

Responsibility

You may not use, or facilitate or allow others to use, the Services or the Flashedge sites.

• You may not use, or facilitate or allow others to use, the Services or the Flashedge sites for any illegal or fraudulent activity;
• To violate the rights of others;
• To threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
• For any content or activity that promotes child sexual exploitation or abuse;
• To violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
• To distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).

StormIT in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.

To report any violation of this Policy, please send an email to misuse@flashedgecdn.com

Certificates

You may not use, or facilitate or allow others to use, the Services or the Flashedge sites.

You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with FlashEdge. You are solely responsible for the renewal, security, and proper configuration of any SSL certificates that you provide for use with FlashEdge, including any disclosure of your SSL certificates to third parties.

The Flashedge service utilizies AWS Certificate Manager (“ACM”) to create publicly trusted SSL/TLS certificates. By using ACM you authorize Amazon Trust Services, LLC (“ATS”), or its affiliates (collectively, “Amazon CA”) to apply for and obtain publicly trusted SSL/TLS certificates (each, a “Certificate”) from certification authorities located in the United States, some of whom may be third parties, for the domain name you provide to us. By submitting a request for a Certificate, you certify that (1) you are the Domain Name Registrant (as defined in the then current CA/Browser Forum Baseline Requirements Certificate Policy for the Issuance and Management of Publicly-Trusted Certificates (the “CA/B Forum Requirements” located here); (2) you have control over the Fully-Qualified Domain Name (as defined in the CA/B Forum Requirements); or (3) you have been granted authority by the Domain Name Registrant to authorize Amazon CA to apply for and obtain each Certificate. You acknowledge that, solely for purposes of obtaining the Certificate and for no other purposes, you are giving Amazon CA control over the Fully-Qualified Domain Name, and you approve of Amazon CA requesting the Certificate for the domain name. Amazon CA may decline to provide you with a Certificate for any reason.

You agree that:

• All information you provide in connection with your use of Certificates is and will be accurate and complete information at all times (and you will promptly notify us if your information changes);
• You will review and verify the Certificate for accuracy;
• You may use a Certificate we provide to you solely on servers that are accessible at the subjectAltName(s) listed in the Certificate and will use the Certificate solely in compliance with all applicable laws;
• You will promptly cease using a Certificate, and promptly notify us, in the event that any information in the Certificate is incorrect or inaccurate;
• You will promptly cease using a Certificate, and promptly notify us, if the private key associated with the Certificate is subject to a Key Compromise (as defined in the CA/B Forum Requirements) or the Certificate is otherwise subject to misuse;
• You will promptly respond to our or Amazon CA’s instructions concerning Key Compromise or Certificate misuse;
• You will not modify, sublicense, or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose) or Private Key;
• You will not, in connection with use of the Certificate, upload or distribute any files or software that may damage the operation of another’s computer;
• You will not make representations about or use a Certificate except as may be allowed in ATS’s CPS;
• You will not, in connection with use of the Certificate, impersonate or misrepresent your affiliation with any entity;
• You will not permit an entity other than Amazon CA to control the Private Key matching the Public Key in the Certificate (where “Private Key” and “Public Key” are defined by the CA/B Forum Requirements);
• You will not use a Certificate to breach the confidence of a third party or to send or receive unsolicited bulk correspondence; and
• You acknowledge that Amazon CA (or their applicable third-party contractor) may revoke a Certificate at any time, and you agree that you will cease using the Certificate immediately upon notice of such revocation.

Privacy

At StormIT we take your privacy seriously. Only a minimum of personal information is collected and used in order to administer your account and to provide you the requested products and services. Privacy, protection and data security are at the very heart of everything we do. StormIT is GDPR ready and compliant.

If you would like to review, correct, or update your personal data, you may do so by signing in to your account dashboard or by contacting StormIT support representatives. StormIT only processes personal data that is required to provide the Service to you. You have the right to data portability, right to access and right to be forgotten. Personal data stored in your account will be deleted upon request.

If you have privacy related inquiries please contact StormIT by email at privacy@flashedgecdn.com

Data processing operations

The Customer acknowledges that the Supplier processes personal data, as defined under the relevant data protection laws including the GDPR, of the users of the service for the purpose of complying with its obligations under this agreement.

The Customer may conclude the contract on commissioned processing of personal data: Data Processing Agreement and warrants that it has the consent of the users to disclose their personal data and connection data to the Supplier for the purpose of using the service and that for the same purpose the users have agreed that their personal data may be transferred to territories outside the EEA.

The Supplier will take all steps reasonably necessary to ensure that personal data is treated securely.

The Customer agrees that the Supplier may, without notice to the Customer, report to the appropriate authorities any conduct by the Customer or any of the Customer's customers or end users that the Supplier believes violates applicable law, and provide any information that it has about the Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

The Supplier shall not disclose any data to third parties except for service providers listed below. The Supplier may also process such data in duly anonymised and aggregate form for purposes such as internal statistics, commercial sale and promotion.

Each party shall, during the term of this agreement and thereafter, keep confidential all, and shall not use for its own purposes (unless in accordance with paragraph above) nor without the prior written consent of the other disclose to any third party, any information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party, unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this agreement, or subsequently comes lawfully into the possession of such party from a third party. The provisions of this clause shall remain in full force and effect indefinitely after the termination of this agreement for any reason unless agreed otherwise.

Payments are handled by StormIT's payment providers. Personal data regarding a payment is stored only with the payment provider and if needed can be processed and stored outside of Europe and the USA.

Service providers

FlashEdge uses data processors from the EU and USA in order to provide the Service. This section explains how data is processed. Submitted content will only be shared with these service providers unless required otherwise to comply with the law or requests of governmental entities.

Amazon Web Services, Inc. or its affiliates (AWS) - FlashEdge uses AWS for website hosting, information technology and infrastructure services. Your personal data and purchase information is stored with AWS. AWS is a cloud-based service, and personal data may be transferred to servers located outside the European Economic Area (EEA). FlashEdge has a data processor contract with AWS for processing of personal data and AWS has certified to the EU-US Privacy Shield.

Stripe Payments Europe, Ltd, Dublin, Ireland - Credit card payments are processed by Stripe. Tokenised payment information is used to securely process payments. Card number, expiry date and CVC cardholder information is stored only on the servers of Stripe. Stripe is a cloud-based service, and personal data may be transferred to servers located outside the European Economic Area (EEA). For payment purposes Stripe may disclose data to banks and credit card networks. Stripe has certified to the EU-US Privacy Shield.

European Commission, Brussels, Belgium - Company VAT numbers are processed with the European VAT Information Exchange System (VIES) in order to confirm the validity of the VAT identification number. StormIT needs to ensure that company VAT numbers are correctly identified for EU cross-border supply of products and services. StormIT will store the registered company name, physical address and country belonging to a valid VAT number.

Hubspot, Inc. - Flashedge uses Hubspot for data collection, communication, marketing and customer relationship management. HubSpot complies with data protection regulations and maintains data security standards. HubSpot is a cloud-based service, and personal data may be transferred to servers located outside the European Economic Area (EEA)

Cookiebot - a trademark of Usercentrics A/S - Flashedge uses Cookiebot for Cookie Management and Compliance. Cookiebot helps us inform users about the types of cookies we use, their purposes, and obtain their consent for non-essential cookies. Cookiebot ensures that we comply with GDPR and other data protection laws by providing transparency, consent mechanisms, and options for users to control their cookie preferences. Cookiebot is a cloud-based service, and personal data may be transferred to servers located outside the European Economic Area (EEA)

Google Analytics (Google)- We use Google Analytics data for website Improvement and visitor analysis. We use the insights provided by Google Analytics to enhance our website's usability, content, and performance. Google Analytics helps us understand our website visitors' demographics, interests, and behavior to tailor our content and offerings better.

Disclaimer of warranties

The Service is provided “as is”. StormIT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StormIT nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.

Limitation of liability

In no event will StormIT, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StormIT under this Agreement during the twelve (12) month period prior to the cause of action. StormIT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless StormIT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Changes

StormIT reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of StormIT, or by the posting by StormIT of a revised version.

Applicable law and jurisdiction

Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of the Czech Republic, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Prague, the Czech Republic. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

Entire agreement

This Agreement constitutes the entire agreement between StormIT and you concerning the subject matter hereof.