Terms & Policies
User Terms of Service
Effective Date: March 15, 2022
These User Terms of Service (the "User Terms") govern your usage of our web-based training management platform (the "Service"). Please take the time to read these terms carefully.
PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR FTOCLOUD AND THE SITE YOU WILL BE ACKNOWLEDGING THAT YOU HAVE BECOME A PARTY TO AND WILL BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES.
We provide web-based training management solutions for the public safety sector.
The mission of FTOCloud is to enchance the safety and accountability of public safety agencies and the communities they serve through the application of a web-based training management platform.
Scope and Intent
Grant of License to Use and Access the Service
You are utilizing this software under a license for your business purposes.
FTOCloud grants to the User a non-exclusive, non-assignable, non-sublicensable, non-transferable license to use and access the Service strictly for the User to use for its internal business operations, in accordance with the terms and conditions of this Agreement.
2. Our Obligations
We want you to enjoy your use of the software, so please follow our support best practices outlined here so we can resolve any issues.
User shall utilize the methods outlined below to utilize the support services. User shall respond to any requests from FTOCloud in a timely manner (e.g., FTOCloud requests further information or clarification on a support request). Support requests shall originate from the User requiring support within 5 business days of the cause thereof. The Support Email (as hereinafter defined) may not be used by a Person, generally, to request support on behalf of an Authorized User, it being understood that each User should make such requests on its own behalf.FTOCloud will make available an e-mail address (the “Support Email”) for the User to initiate trouble reports requesting support of the Service. The Support Email is always accessible, but requests will be handled between 9:00am and 5:00pm Eastern Standard Time (GMT -5:00), Monday through Friday, excluding legal holidays in Rhode Island and/or the United States. FTOCloud may, at its discretion, make available a support feature within the Service that the User may utilize in lieu of the Support Email.
We may change or discontinue services, and we don't guarantee to continue showing or storing your content.
While FTOCloud offers services to Users, we may modify, update, and improve or otherwise change the services we offer. At any time, we may discontinue, remove access, terminate, or otherwise modify services offered by FTOCloud, either partially or completely, with or without notice. Users may or may not be notified of these changes.
Furthermore, FTOCloud reserves the right to suspend or remove content from any User, with or without notice, which is contrary to this agreement. FTOCloud has no obligation to store or otherwise, maintain, or provide you a copy of any content that Users store through their respective accounts. We may also remove certain content as required by local law with or without notice.
Third Party Content
We are not liable for any content posted that comes from third party sources.
While using FTOCloud services, you may encounter third party content that may be inaccurate, incomplete, unavailable, illegal, offensive, or otherwise harmful. Unless where noted, we do not review such content. You agree that FTOCloud is not responsible for any third party content that may be posted on the Site.
What We Own
FTOCloud owns all rights to our software and intellectual property.
FTOCloud retains title to and ownership of the Service, including all Intellectual Property rights relating thereto. Any suggestions for changes or improvements to Services that Subscriber provides to FTOCloud, whether solicited by FTOCloud or not, shall be owned by FTOCloud and Subscriber hereby irrevocably assigns, and shall assign, to FTOCloud all right, title, and interest in and to such suggestions. FTOCloud shall have no obligation to incorporate such suggestion(s) into its products or Services.
Your retain right & title to your data and we do not sell your data.
"User Data" means all data, information, content, and other materials stored or transmitted by Subscriber and any Authorized User through the Service, excluding any FTOCloud data.
User owns and shall retain all right, title, and interest, including, without limitation, all Intellectual Property rights, in and to User Data. Notwithstanding anything to the contrary contained herein and to the extent permitted by Applicable Law, User hereby grants FTOCloud (i) a royalty free, non-exclusive, sublicensable (but only as permitted herein) license to use the User Data to provide the Service to User; (ii) a perpetual, royalty-free license to use the aggregated, anonymized information about the use of the Service by the User, including information that may be derived from the Subscriber Data to operate, maintain, manage, analyze and improve the Service, and for FTOCloud’s internal purposes to improve the Service, and any other uses disclosed under the Agreement or any statement of work. FTOCloud may not sell or offer for sale any User Data, whether in subscriber identifiable, or anonymized and aggregated form.
Monitoring Your Information
Your information may be filtered for content, and you may be asked to remove inappropriate content.
While we may occasionally monitor the content that you associate with FTOCloud services, we are not obligated to do so. At any time, we may remove, or require you to remove content contrary to this Agreement, contrary to law, as well as content that is deemed unacceptable, inappropriate, harmful, and/or in violation of this Agreement. FTOCloud also reserves the right to remove content, or share content to protect FTOCloud, satisfy any legal obligations, or allow for the operation of FTOCloud services.
3. User Obligations
Rights to Use What We Own
You are granted a non-exclusive license to use our software pursuant to this agreement.
Subject to this Agreement, FTOCloud provides you with a limited, non-exclusive, revocable, non-transferable license to use the Site and services provided by FTOCloud, in accordance with this agreement. This license does not allow you, and you agree not to: store, copy, distribute, reproduce, download, scrape, modify, upload, hack, reverse engineer, reverse assemble, decipher, reprogram, and/or otherwise make any attempt to discover or reproduce any programming code or source code used anywhere on the Site or services offered by FTOCloud. You may not sell, transfer, or distribute any services offered by the Site. We reserve all rights not expressly granted in this Agreement.
Data You Upload
You are responsible for all data and content posted to FTOCloud.
You are responsible for all data, information, text, photographs, images, documents, and any other content posted, uploaded, or stored in connection with your use of FTOCloud and associated services. FTOCloud is not responsible for such content. You grant FTOCloud a royalty-free, non-exclusive license to host, store, and use your content in order to provide Services. FTOCloud is not responsible for any content that may be lost or unrecoverable through your use of our Service. We do encourage you to backup and archive all of your content regularly.
Third Party Account Access
Before using a third party service to log in to FTOCloud, ensure you know and understand their agreements.
FTOCloud may offer access to services or login capabilities by using accounts that you may have through an existing third party service. When you provide us information, you grant us access to your third party accounts, and you acknowledge that you have read and agreed to any written contracts governing access and use of these accounts, including but not limited to login information, content access, and personal data.
Separation of Accounts
You can only manage data and content specific to your business.
By using the Site and the services offered by FTOCloud, you agree to use the services only for your business. Data scraping, account sharing, or otherwise using one account for multiple agencies, businesses, or organizations is expressly prohibited by the aforementioned license.
5. Acceptable Use Policy
Please review the Acceptable Use Policy as part of this Agreement.
Disclaimer of Warranty
Please read this disclaimer in its entirety.
FTOCLOUD IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DO NOT RELY ON FTOCLOUD OR ANY OF ITS SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE, ITS CONTENT, OR THE SERVICES PROVIDED. FTOCLOUD DOES NOT WARRANT THAT THIS SITE OR ITS SERVICES WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL. IF YOU ARE DISSATISFIED WITH FTOCLOUD, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND CONTRACT AS DEFINED IN THE PAYMENT SECTION OF THIS DOCUMENT, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. FTOCLOUD DOES NOT HAVE THE OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THIS SITE, NOR DO WE HAVE THE OBLIGATION TO MONITOR USAGE BY ANY USERS. THEREFORE, WE DISCLAIM ANY AND ALL LIABILTY RELATED TO IDENTITY THEFT OR MISREPRESENTATION OF INFORMATION. ANY AND ALL SERVICES MAY BE DISRUPTED OR INTERRUPTED DUE TO MAINTAINENCE, UPDATES, OR SYSTEM FAILURES AT ANY TIME. FTOCLOUD DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY ANY INTERRUPTIONS. FURTHERMORE, WE DISCLAIM ANY LIABILITY FOR ANY MALFUNCTIONS IN EQUIPMENT, LACK OF ACCESS, DISTURBANCES IN SERVICE PROVIDERS, AND FOR ANY OTHER REASON. IN ADDITION, FTOCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE SITE TO ANYONE. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY DATA OR CONTENT ACCESSED OR POSTED ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. BY USING THIS SITE AND ITS ASSOCIATED SERVICES, YOU AGREE TO THIS DISCLAIMER.
Please read this liability statement in its entirety.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, WHETHER UNDER THE LAW OF CONTRACT, OR THE LAW OF TORTS, OR OTHERWISE IN RELATION TO THE CONTENT OR USE OF THE SERVICE, EXCEPT AS OTHERWISE OUTLINED AND AGREED TO HEREIN. THIS INCLUDES, BUT IS NOT LIMITED TO: FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS, OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF DATA. THIS LIMITATIONS OF LIABILITY APPLIES EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Agreement Information
Changes to Terms
Any changes to this agreement will be posted on the site, and will also be posted on this page.
This agreement is subject to change at any time. Changes to the agreement will be posted on the Site. FTOCloud may notify you of changes to the agreement using the e-mail address associated with your account, but we are not required to notify you. Furthermore, additional features may be added to this site and will be subject to the terms of this agreement. We encourage you to visit this page frequently.
Should any part of this be severed in court, the rest would remain a lawful, binding contract.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion therof to be unenforceable that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, shall be completely severable and the remainder of the Agreement shall remain in full force and effect.