Terms And Conditions
Official Terms & Conditions of Cloudiva covering client services, project membership program, data protection, confidentiality, and legal policies.
Cloudiva – Terms of Service
Last Updated: [15th January 2026, 02:00pm]
PART 1: Terms Applicable to Clients
1. Introduction and Scope of These Client Terms
These Client Terms govern the access to and use of services provided by Cloudiva, including but not limited to digital services, technical solutions, creative work, automation, consulting, marketing, project execution, and related support. By engaging Cloudiva for any service—whether through direct communication, website forms, proposals, invoices, or digital platforms—you acknowledge that you have read, understood, and agreed to these Terms.
These Terms apply to individuals, businesses, organizations, and representatives acting on behalf of entities. If you do not agree with these Terms, you must not proceed with service booking, confirmation, or project execution.
2. Nature of Services and Role of Cloudiva
Cloudiva operates as a service provider agency that designs, coordinates, manages, and delivers services either directly or through independent Project Members working under Cloudiva’s governance framework. Cloudiva is responsible for project coordination, quality control, communication, and delivery management.
Cloudiva does not act as an employment agency, staffing firm, or labour contractor. Clients acknowledge that contributors involved in service delivery are not employees of the client and no employment relationship is created under any circumstances.
3. Client Eligibility and Authority
By using Cloudiva’s services, you represent that you are legally capable of entering into binding agreements under applicable law. If acting on behalf of a business or organization, you confirm that you are authorized to bind that entity to these Terms.
You further confirm that all information provided to Cloudiva during inquiries, bookings, and project execution is accurate, complete, and lawful. Cloudiva reserves the right to refuse or suspend service where eligibility or authority is reasonably in doubt.
4. Service Scope, Requirements, and Changes
The scope of services is defined through written communication such as proposals, quotations, invoices, emails, messages, or formally agreed project briefs. Clients are responsible for clearly communicating requirements, expectations, deliverables, and constraints before project confirmation.
Any request outside the confirmed scope may require revised timelines, additional charges, or formal approval. Cloudiva is not obligated to perform work beyond the agreed scope without written modification.
5. Payments, Fees, and Financial Obligations
Clients agree to pay all fees as communicated and agreed prior to project initiation. Payments may be required in advance, in milestones, or upon completion depending on the service type.
Delayed or failed payments may result in suspension, delayed delivery, or termination of services. Pricing reflects agreed scope, timeline, and complexity, and additional requests may attract extra charges.
6. Priority and Fast Delivery Requests
If a client requests expedited or priority delivery beyond the originally agreed timeline, Cloudiva may apply an additional fast-delivery fee. Such requests are subject to feasibility, availability, and internal coordination capacity.
Priority handling does not guarantee unlimited revisions or uninterrupted availability and remains at Cloudiva’s discretion.
7. Client Responsibilities and Cooperation
Clients must provide required inputs, approvals, content, and feedback in a timely manner. Delays caused by incomplete information, late responses, or repeated changes may impact delivery timelines.
Cloudiva is not responsible for delays or outcomes affected by lack of cooperation or inaccurate client-provided information.
8. Client Data, Confidentiality, and Security
Cloudiva applies reasonable technical and organizational measures to protect client data. Information collected through booking forms, communications, or project documentation is used strictly for service delivery, verification, communication, and experience improvement.
Client data is never sold, rented, or misused. Access is restricted to authorized personnel and assigned Project Members bound by confidentiality obligations.
9. Intellectual Property Rights (Clients)
Unless otherwise agreed in writing, final deliverables become the client’s intellectual property upon full payment. Cloudiva may display non-confidential work as proof of service unless explicitly restricted by the client.
Clients confirm that all materials they provide do not infringe third-party rights. Cloudiva is not liable for infringement arising from client-supplied content.
10. Service Limitations and Disclaimer
Services are provided on a professional, best-effort basis. Cloudiva does not guarantee specific business results, revenue outcomes, or performance metrics unless expressly agreed in writing.
External factors, third-party platforms, and market conditions may influence outcomes beyond Cloudiva’s control.
11. Limitation of Liability (Clients)
To the maximum extent permitted by law, Cloudiva shall not be liable for indirect, incidental, or consequential damages including loss of profits or business interruption.
Total liability shall not exceed the amount paid for the specific service giving rise to the claim.
12. Suspension and Termination of Client Services
Cloudiva reserves the right to suspend or terminate services in cases of misuse, abuse, illegal activity, repeated non-cooperation, or legal risk exposure.
Termination does not waive outstanding payment obligations incurred prior to termination.
PART 2: Project Member Program Terms
1. Overview of the Project Membership Program
The Project Membership Program is a structured initiative operated by Cloudiva to enable individuals to participate in real-world projects on a project-based, independent basis. The program is designed to support skill development, professional exposure, and practical contribution without creating any form of employment or labour relationship.
Participation in the program is voluntary, flexible, and governed strictly by these Terms. Project Members may engage in one or multiple projects depending on availability, suitability, and mutual agreement.
2. Non-Employment Relationship Declaration
Project Members are not employees, workers, interns, or apprentices of Cloudiva. Nothing in this program creates an employer–employee relationship, partnership, agency, or joint venture. Members participate as independent contributors responsible for managing their own time, effort, and availability.
Project Members are not entitled to employment benefits such as provident fund, insurance, paid leave, minimum wage protection, or statutory employment rights under any labour law.
3. Age Eligibility Requirements
The minimum age required to join the Project Membership Program is fourteen (14) years. Individuals below the age of fourteen are strictly prohibited from participation under any circumstances. There is no upper age limit for participation, and eligibility is assessed based on skills, suitability, and compliance with these Terms.
Cloudiva reserves the right to verify age information and suspend or terminate participation if false information is provided.
4. Participation of Minors
Project Members between the ages of fourteen (14) and seventeen (17) are classified as minors and may participate only for learning, volunteering, or skill-development purposes. All activities assigned to minors are digital, non-hazardous, educational in nature, and conducted in a safe environment.
Such participation does not constitute employment, child labour, or wage-based work and does not interfere with the minor’s education or legal obligations.
5. Parent or Guardian Consent Requirement
For minors, participation in the Project Membership Program requires explicit consent from a parent or legal guardian. By providing consent, the parent or guardian confirms awareness of the program’s nature, the non-employment status, and the educational purpose of participation.
Cloudiva may request written or digital proof of consent at any time and reserves the right to suspend participation if consent is withdrawn or found to be misrepresented.
6. Project Allocation and Assignment Process
Projects are assigned based on multiple factors including skill relevance, prior experience, availability, declared time commitment, pricing expectations, and past collaboration quality with Cloudiva. Project allocation is not guaranteed and remains entirely at Cloudiva’s discretion.
Submission of a joining form or acceptance into the program does not assure project assignment.
7. Time Commitment and Work Flexibility
Cloudiva does not impose fixed working hours, shifts, or mandatory overtime. Project Members declare their own estimated timelines and availability at the time of accepting a project or submitting required forms.
Members are never forced to work beyond their declared capacity or accept unreasonable delivery timelines.
8. Fast Delivery and Priority Projects
In cases where a client requests accelerated or priority delivery, Cloudiva may charge an additional fee. Project Members involved in such projects may receive proportionate additional incentives based on the urgency and complexity of the work.
Acceptance of fast delivery projects is entirely optional and refusal does not affect future opportunities.
9. Compensation, Rewards, and Recognition
Depending on the project type, Project Members may receive project-based fees, stipends, rewards, certificates, or verified experience records. Compensation is linked strictly to project outcomes and milestones rather than hours worked.
Any form of payment or reward does not establish an employment relationship.
10. Data Protection and Member Privacy
Project Member data collected through joining forms, project forms, and communication channels is handled securely and used only for operational, verification, coordination, and experience improvement purposes.
Cloudiva does not sell, rent, or misuse member data and restricts access to authorized personnel only.
11. Use of Portfolio, Sample Work, and Proof of Work
Cloudiva may request permission to use non-confidential sample work or portfolio materials created by Project Members as proof of work, case studies, or service demonstrations. Such usage is subject to the member’s consent.
Upon exiting the program, members must submit a Project Leaving Form confirming whether Cloudiva may continue to use their portfolio or sample work.
12. Data Retention After Leaving the Program
If a Project Member requests data removal after leaving the program, Cloudiva will delete all removable data. However, limited essential data such as name, contact details, services provided, and basic project records may be retained for security, fraud prevention, and legal compliance.
Such retained data is never used for marketing, resale, or personal profit.
13. Confidentiality and Professional Conduct
Project Members must maintain strict confidentiality of client data, internal materials, and proprietary information. Client information may not be reused, shared, or added to personal portfolios without explicit permission.
Breach of confidentiality or professional misconduct may result in immediate termination and legal action where applicable.
14. Suspension and Termination of Membership
Cloudiva reserves the right to suspend or terminate a Project Member’s participation in cases of misconduct, repeated non-performance, misrepresentation, or breach of these Terms.
Termination does not waive obligations related to confidentiality or data protection.
PART 3: Final, Governing, and Legal Provisions
1. Modification and Updates to Terms
Cloudiva reserves the right to update, modify, amend, or replace these Terms of Service at any time in order to reflect changes in legal requirements, business practices, service offerings, or operational policies. Any such changes will become effective upon publication on Cloudiva’s official website or digital platforms.
Continued access to or use of Cloudiva’s services or programs after the updated Terms are published constitutes acceptance of those changes. Users are encouraged to review these Terms periodically to remain informed.
2. Acceptance of Terms
By accessing Cloudiva’s website, submitting any form, booking an appointment, engaging services, or participating in the Project Membership Program, you confirm that you have read, understood, and voluntarily agreed to these Terms of Service in their entirety.
If you do not agree with any part of these Terms, you must immediately discontinue use of Cloudiva’s services and programs.
3. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles. All rights and obligations arising under these Terms are subject to applicable Indian laws and regulations.
Users accessing Cloudiva services from outside India are responsible for ensuring compliance with local laws applicable in their jurisdiction.
4. Jurisdiction and Dispute Resolution
Any disputes, claims, or controversies arising out of or relating to these Terms, Cloudiva’s services, or the Project Membership Program shall be subject to the exclusive jurisdiction of courts located in the jurisdiction applicable to Cloudiva’s registered or operational address.
Parties agree to attempt informal resolution before initiating formal legal proceedings, where reasonably possible.
5. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.
The remaining Terms shall continue in full force and effect.
6. No Waiver
Failure by Cloudiva to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be explicitly stated in writing and signed by an authorized representative of Cloudiva.
A single or partial exercise of any right shall not preclude further or future exercise of that right.
7. Assignment
Users may not assign, transfer, or delegate their rights or obligations under these Terms without prior written consent from Cloudiva. Any attempted assignment in violation of this provision shall be null and void.
Cloudiva may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
8. Entire Agreement
These Terms of Service, together with any referenced policies, forms, or written agreements, constitute the entire agreement between you and Cloudiva concerning the use of services and participation in programs.
They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Force Majeure
Cloudiva shall not be held liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, power failures, pandemics, strikes, or third-party service disruptions.
Performance obligations affected by such events shall be suspended for the duration of the force majeure condition.
10. Contact and Communication
Official communications related to these Terms, services, or programs shall be conducted through Cloudiva’s registered communication channels, including official email addresses, website forms, or authorized messaging platforms.
Users are responsible for ensuring that their contact information remains accurate and up to date.
