Cloud Capital Referral Terms of Service
This Referral Program Terms of Service (this “Agreement”), effective as of the date you accept this Agreement (the “Effective Date”), is a legally binding contract between you and either Cloud Capital Technologies, Ltd., a company incorporated under the laws of the United Kingdom, if you are based in the United Kingdom, or Cloud Capital Technologies, Inc., a corporation organized under the laws of the United States, if you are based in the United States or anywhere else (each, as applicable, “Cloud Capital,” “us,” “we,” or “our”), regarding your participation in the Cloud Capital referral program (the “Program”).
References to “Referrer,” “you,” and “your” refer to the individual or entity that accepts this Agreement by enrolling in the Referral Platform, submitting referral information, or otherwise affirmatively participating in the Program through any process designated by Cloud Capital. . If you do not meet the eligibility criteria or do not agree to the terms of this Agreement, you may not participate in the Program.
Definitions
Capitalized terms not otherwise defined in the body of this Agreement shall have the meaning set forth here.
- “Qualified Referral” means a referral meeting the criteria set forth in Section 2 of this Agreement.
- “Referral Platform” means the third-party platform designated by Cloud Capital to administer the Program, including referral submission, tracking, and reward disbursement. As of the Effective Date, the Referral Platform is operated by Tolt Technologies, Inc. Cloud Capital may change the Referral Platform at its sole discretion.
- “Referrer” means the individual or entity that initiates a referral under this Agreement.
- “Referred Entity” means a company introduced to Cloud Capital via the Program.
- “Reward” means the financial payment earned for a Qualified Referral.
- “Program” means the Cloud Capital referral initiative governed by this Agreement.
1. Program Participation
1.1. The Program is intended to reward Referrers for identifying and introducing potential customers (“Referred Entities”) who meet Cloud Capital’s eligibility criteria and successfully complete onboarding by connecting AWS data to our platform.
1.2. To be eligible to participate in the Program:
(i) Referrer must be at least eighteen (18) years of age and legally permitted to participate in the Program in their jurisdiction.
(ii) Referrer must not be a current employee, officer, contractor, or agent of Cloud Capital or its affiliates.
(iii) Referrer may not refer their own employer, subsidiaries, parent companies, or other entities under common ownership or control.
1.3 Cloud Capital may suspend or terminate participation in the Program at any time if Referrer fails to meet these eligibility requirements.
2. Qualified Referrals
2.1. A “Qualified Referral” is a Referred Entity that meets all of the following criteria, each determined in Cloud Capital’s sole discretion:
(i) The Referred Entity has not previously registered with or engaged in sales discussions with Cloud Capital;
(ii) The Referred Entity is a venture-backed startup that has raised a Series A (or later) investment round or is currently spending more than $50,000 per month on AWS;
(iii) The Referred Entity signs up through the unique referral link provided by the Referrer or is otherwise directly attributable to the Referrer;
(iv) The Referred Entity completes onboarding by securely connecting its AWS data to Cloud Capital’s forecasting platform via the onboarding flow designated by Cloud Capital and/or managed through the Referral Platform.
2.2. Referral submissions may be disqualified if Cloud Capital determines that the referral is a duplicate, fraudulent, incomplete, or otherwise fails to satisfy the Program requirements.
2.3. Cloud Capital’s determination of whether a Referred Entity qualifies as a Qualified Referral shall be final and binding. Cloud Capital reserves the right to validate any sales attribution, including through internal CRM data, and resolve conflicting claims at its sole discretion.
2.4. Cloud Capital will use reasonable efforts to notify Referrer of the status of each submitted referral within fifteen (15) business days.
2.5. A referral shall remain eligible for qualification for a period of six (6) months from the initial submission date. If the Referred Entity has not completed onboarding within that time, the referral may expire unless extended in writing by Cloud Capital.
3. Referral Rewards
3.1. Referrer shall be entitled to receive the applicable referral reward (“Reward”) as published at https://www.cloudcapital.co/referral, subject to the Referred Entity completing onboarding and connecting AWS data in accordance with Section 2.
3.2 Cloud Capital will use commercially reasonable efforts to issue the Reward within thirty (30) days following (a) the Referred Entity's completion of onboarding and successful connection of AWS data, and (b) verification that all required documentation from the Referrer has been received and approved.
3.4. Payouts will be processed through the Referral Platform using available methods (e.g., PayPal, Wise). Cloud Capital is not responsible for delays or errors caused by the Referral Platform’s payout mechanisms or the Referrer’s failure to comply with payout requirements. Cloud Capital does not collect, store, or process Referrer payment credentials. All payout information is collected and managed securely by the Referral Platform, which operates independently under its own privacy and security policies.
3.5. Cloud Capital may request additional information or documentation (including tax information, if required by law) prior to releasing a Reward. Referrer is solely responsible for any applicable taxes on Rewards. Cloud Capital may report Rewards issued under this Program to applicable tax authorities as required by law. Referrer acknowledges and agrees that it is solely responsible for reporting and paying any taxes arising from receipt of Rewards, and Cloud Capital may issue applicable tax forms (such as IRS Form 1099) where legally required.
3.6. Rewards are non-transferable, non-exchangeable, and may not be substituted for other benefits unless otherwise determined by Cloud Capital.
3.7. Once a Referred Entity has been confirmed by Cloud Capital as a Qualified Referral, the corresponding Reward shall be guaranteed and not subject to discretionary cancellation, provided the Referrer has complied with this Agreement.
3.8. Participation in the Program does not guarantee any minimum level of earnings, and Cloud Capital makes no representation as to the amount of Rewards Referrer may earn under this Agreement.
3.9. Cloud Capital reserves the right to impose reasonable limits on total Rewards paid to any individual or entity during any calendar year, provided that any such limits will not affect Rewards already earned and confirmed under this Agreement.
4. Program Restrictions
4.1. Referrer shall not:
(i) Engage in misleading, deceptive, unethical, or illegal conduct in connection with the Program;
(i) Promote referral links via spam, bulk unsolicited messages, or paid advertising placements;
(iii) Post referral links on coupon sites or public forums intended solely for reward farming;
(iv) Create multiple identities or otherwise attempt to circumvent Program eligibility rules.
4.2. Cloud Capital reserves the right to withhold or cancel any Reward, and/or disqualify any participant, if it believes in good faith that the Referrer has violated this Agreement or acted fraudulently, abusively, or in bad faith.
4.3. Cloud Capital reserves the right to verify the accuracy of any referral submissions and may request documentation or confirmation from the Referrer or Referred Entity, as necessary.
5. Program Administration and Modifications
5.1. Referrers must maintain an active and compliant account on the Referral Platform to participate in the Program and receive Rewards. All referrals, tracking, and payment processing will be administered via the Referral Platform.
5.2. Referrers may access a dashboard via the Referral Platform to view the status of referrals, track commissions, and manage payout preferences, subject to the Referral Platform’s functionality and availability.
5.3. Referrers agree to comply with any terms of service, privacy policies, and usage requirements of the Referral Platform. Any data submitted through the Referral Platform is subject to its applicable data handling and processing terms, in addition to Cloud Capital’s Privacy Policy.
5.4. Cloud Capital may rely on data and attribution records from the Referral Platform as final and binding for determining Qualified Referrals and Reward eligibility. Cloud Capital shall not be liable for technical issues, tracking errors, or delays arising from the Referral Platform.
5.5. In the event Cloud Capital changes the designated Referral Platform, Referrer may be required to re-enroll or agree to updated participation terms.
5.6. Cloud Capital may, in its sole discretion, modify, suspend, or terminate the Program at any time and for any reason, with or without notice.
5.7. Cloud Capital may revise this Agreement from time to time. Unless otherwise stated, modifications will be effective as of the date they are posted, and continued participation in the Program constitutes acceptance of such modifications.
5.8. Cloud Capital will use reasonable efforts to notify Referrers of material changes to the Program or this Agreement via email or through the Referral Platform at least fifteen (15) days before such changes become effective. Continued participation in the Program after such date constitutes acceptance of the updated terms.
6. Confidentiality
6.1 Each party agrees to maintain the confidentiality of all non-public information disclosed by the other party in connection with this Program, including but not limited to prospective customer lists, business plans, or pricing information (“Confidential Information”).
6.2 Referrer may disclose non-public information about potential Referred Entities to Cloud Capital solely for the purpose of identifying prospective Qualified Referrals. Cloud Capital agrees that it shall:
(i) use such Confidential Information only for the purposes of evaluating potential Qualified Referrals and administering the Program;
(ii) not disclose such information to any third party without Referrer's written consent; and
(iii) implement reasonable security measures to protect such information.
6.3 Cloud Capital may publicly disclose Referrer’s name or company name in connection with a Qualified Referral, unless Referrer requests otherwise in writing.
6.4. Cloud Capital grants Referrer a limited, revocable, non-exclusive, non-transferable license to use Cloud Capital’s name and logo solely in connection with promoting the Program. All use of Cloud Capital’s trademarks must comply with any brand guidelines provided and must not imply sponsorship or endorsement beyond participation in the Program. Cloud Capital reserves the right to revoke this license at any time for any reason.
7. Privacy and Data Use
7.1. Cloud Capital will process any personal data in accordance with its Privacy Policy and applicable data protection laws, including the UK GDPR, EU GDPR, and the California Consumer Privacy Act (CCPA), as applicable.
7.2. Referrer represents and warrants that it has obtained all necessary rights, consents, and authority to share any personal or business contact information of potential Referred Entities with Cloud Capital for the limited purposes of:
(a) evaluating alignment with Cloud Capital’s Ideal Customer Profile; and
(b) administering the Program and tracking referral outcomes.
7.3. Cloud Capital agrees not to use or retain any personal or business data received through the Program except as necessary to evaluate referrals, track Program outcomes, and comply with applicable law. Cloud Capital shall not contact a Referred Entity unless:
(i) that entity is independently identified through other means; or
(ii) the Referrer has secured permission from the Referred Entity to make an introduction.
7.4. Referrer may request the deletion of any customer data it has provided to Cloud Capital in connection with the Program. Upon such request, Cloud Capital will securely delete the relevant data, unless retention is required by applicable law.
7.5. Cloud Capital agrees not to directly contact any Referred Entity submitted by Referrer unless:
(i) the Referred Entity signs up via the Referrer’s unique link,
(ii) the Referrer confirms that an introduction has been made or authorized, or
(iii) the Referred Entity independently reaches out to Cloud Capital.
Referrers are encouraged to facilitate warm introductions where possible.
7.6. Cloud Capital shall not use any customer data shared by Referrer for sales, marketing, or profiling purposes unless the Referred Entity independently engages with Cloud Capital or consents to such use in writing.
7.7. Cloud Capital engages the Referral Platform as a sub-processor for the purpose of administering the Program. Any personal data shared by the Referrer through the Referral Platform is processed under Cloud Capital’s instructions and in accordance with applicable data protection laws. The Referral Platform is contractually obligated to implement appropriate safeguards and use such data only as necessary to support Program operations.
8. Governing Law and Jurisdiction
8.1. If you are based in the United Kingdom, this Agreement shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8.2. If you are based in the United States or elsewhere, this Agreement shall be governed by and construed in accordance with the laws of the State of California, and any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
9. General
9.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior communications, proposals, or understandings, whether written or oral.
9.2. Referrer may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Cloud Capital.
9.3. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of this Agreement shall remain in full force and effect.
9.4. The relationship between Cloud Capital and Referrer is that of independent contractors. Nothing herein shall be construed to create any agency, joint venture, or employment relationship.
9.5. With Referrer’s prior written consent, Cloud Capital may include Referrer’s logo, name, or case study in public-facing materials to promote the Program or highlight successful partnerships.
9.6. Cloud Capital agrees not to hold Referrer liable for any claims arising from Referred Entity data submitted in good faith under this Agreement, unless Referrer knowingly submitted false or misleading information.
9.7. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including acts of God, internet outages, third-party service disruptions, governmental actions, or natural disasters.
9.8. Nothing in this Agreement shall be construed to create an exclusive relationship between the parties. Cloud Capital may operate other referral, partner, or affiliate programs and may accept referrals from other individuals or organizations.
9.9. If you have questions about this Program or Agreement, you may contact us at info@cloudcapital.co.
