Nebry Limited. C 104438, Registered at 124, Triq ic-Cawsli, QRM3906, Malta, Europe. Hereinafter referred to as Nebry.
Terms of service governing the use of Nebry’s cloud platform, and products, hereinafter referred to as Nebry Cloud or Platform, including but not limited to:
- Nebry Account – http://account.nebry.com
- Nebry CS – https://cs.nebry.com
- Nebry UC – https://uc.nebry.com
By accessing Nebry Cloud, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this platform or using any other services provided by Nebry.
We, Nebry, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 13 June 2023.
Limitations of Use
By using Nebry Cloud, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this Platform;
- remove any copyright or other proprietary notations from any materials and software on this Platform;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this Platform or any of its associated services in a way that abuses or disrupts our networks or any other service Nebry provides;
- use this Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this Platform or its associated services in violation of any applicable laws or regulations;
- use this Platform in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this Platform are owned by or licensed to Nebry and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Nebry at any time.
The customer acknowledges and agrees that they are solely responsible for ensuring they hold a valid copyright license for any audio files uploaded for use in Nebry UC, including but not limited to the audio used for music on hold and greeting features. Furthermore, the customer hereby indemnifies and holds Nebry harmless from any liability or claims arising from the unauthorized use of copyrighted material.
Calls to emergency numbers with Nebry UC
The customer acknowledges and agrees that Nebry UC does not support any emergency calls to any type of service including hospitals, law enforcement agencies, or any other type of emergency or special service. Furthermore, the customer acknowledges and agrees that Nebry UC is not required to offer access to any emergency service under any applicable law and it is the customer’s responsibility to inform Admins and Users that access and/or calls to emergency services are not available on Nebry UC.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Nebry Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Nebry or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Platform or the materials on this Platform, even if Nebry or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Accuracy of Materials
The materials appearing on our Platform are not comprehensive and are for general information purposes only. Nebry does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Platform, or otherwise relating to such materials or on any resources linked to this Platform.
Links
Nebry has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Nebry of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Payments
Payments for due balances must be affected strictly by the specified due date on each invoice. Failure to remit payment on time may result in service disruption and deletion of data. Nebry reserves the right to forward personal data to the relevant authorities and institutions, such as but not limited to credit institutions to recuperate unpaid balances.
Incident Management and SLA
All incidents will be classified according to the table below:
| Classification | Impact | Description | IRT SLA | Resolution SLA |
| Low | No Impact | Routine tasks. Access to the platform is not impacted. | N/A | N/A |
| Medium | Minimal Impact | Isolated users with limited access to the platform. | 2 hours | 48 hours |
| High | Non-critical Impact | Numerous users with no access to the platform. | 2 hours | 24 hours |
| Urgent | Critical Impact | All users with no access to the platform. | 15 minutes | 4 hours |
Nebry will not announce normal changes or maintenance work which do not impact access to the platform.
Nebry will announce normal changes or maintenance work which impacts access to the platform 3 (three) Business Days in advance but reserves the right to carry out emergency maintenance without prior announcement.
Nebry calculates average availability of all SLA’s on a rolling 90-day period.
At Nebry’s discretion, Post Incident Reports may be submitted for incidents classified as High and Urgent and would normally be delivered within 24 hours.
In the following events the Monthly Fee shall be reduced as follows:
| Availability | Reduction |
| Below 99.99% | 5% reduction |
| Below 99.0% | 10% reduction |
| Below 98.0% | 20% reduction |
In any case the reduction shall be limited to 20% of the Monthly Fee
In case of upfront payments for 1 and 3 year terms, deduction shall be calculated as follows:
- 1 year – total upfront payment divided by 12 (twelve)
- 3 year – total upfront payment divided by 36 (thirty-six)
In case of SLA violation Client agrees to submit a request to Nebry to with incident reference for further investigation within thirty (30) days of the incident date. The request will then be investigated by Nebry and a deduction would be applied to the upcoming invoice in case of violation.
Right to Terminate
We may suspend or terminate your right to use our Cloud Platform and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Termination of service will not change the customer’s obligation to pay for the remainder of the service’s term.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Malta. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.