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NocNativeCloud

Terms of Service

Last updated: February 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (or the entity you represent) and NocNativeCloud ("we," "us," or "our") governing your access to and use of our website, platform, APIs, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

We provide a cloud-based platform for AI-powered customer engagement, including voice, chat, and related automation tools. The scope, features, and availability of the Services may be described in an order form, statement of work, or product documentation. We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice where practicable, except where such change would materially reduce core functionality agreed in a separate contract.

3. Accounts and Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must promptly notify us of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your credentials.

4. Acceptable Use and Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Services in any way that violates applicable laws, regulations, or third-party rights;
  • Transmit malicious code, spam, or content that is defamatory, obscene, or infringing;
  • Attempt to gain unauthorized access to our or any third party's systems, networks, or data;
  • Reverse engineer, decompile, or attempt to extract source code of the Services except to the extent permitted by applicable law;
  • Resell, sublicense, or redistribute the Services in a manner not expressly permitted by us;
  • Use the Services to build a competing product or service or for benchmarking purposes without our prior written consent;
  • Use the Services in a way that could harm, overburden, or impair our infrastructure or other users;
  • Record or process personal data (including voice or chat) in violation of applicable privacy or data protection laws, or without required consent.

We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms or engaged in abusive or illegal conduct, without prejudice to any other remedies we may have.

5. Intellectual Property

We and our licensors retain all right, title, and interest in and to the Services, including all software, designs, text, graphics, and other materials, and all intellectual property rights therein. No license or right is granted to you except the limited right to access and use the Services in accordance with these Terms. You retain ownership of content you submit to the Services ("Your Content"); you grant us a non-exclusive, worldwide, royalty-free license to use, host, and process Your Content as necessary to provide and improve the Services. You represent that you have all rights in Your Content required for this license.

6. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or secure. You assume all risk for your use of the Services and any outcomes resulting therefrom. Any statements about capabilities, performance, or compliance (e.g., uptime, GDPR, SOC 2) are made in good faith but are not guarantees unless expressly set out in a separate written agreement.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL WE (OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.
  • OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN THOUSAND EUROS (€10,000).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the above limitations shall apply to the fullest extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless NocNativeCloud and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content or any content you transmit through the Services; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

9. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive (including Sections 5–8 and 10–12) shall survive termination. If you have a separate contract with us, termination may be governed by that contract.

10. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Ireland. You waive any objection to venue or jurisdiction in such courts. Nothing in these Terms limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

11. Changes to the Terms

We may modify these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. For material changes, we will provide reasonable notice (e.g., by email or a notice within the Services). Your continued use of the Services after the effective date of the changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services. For paid or contracted customers, material adverse changes may be subject to the notice or consent terms in your contract.

12. General

These Terms, together with our Privacy Policy and any order form or contract expressly incorporated by reference, constitute the entire agreement between you and NocNativeCloud regarding the Services. No waiver of any term shall be deemed a further or continuing waiver. If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. No third party shall have any right under these Terms.

13. Contact

For questions about these Terms:

NocNativeCloud
Noc Software Solutions Limited · Company No. 547527
40 Lackabane Village, Fossa, Kerry, V93 NX20, Ireland
Email: info@nocnativecloud.com

You may also contact us at the address provided above.