1. Scope of Services
CloudNexus provides cloud hosting, virtual private servers, managed Kubernetes clusters, object storage, CDN services, and related infrastructure solutions. Our services are provided on an "as-is" and "as-available" basis, subject to the terms of our Service Level Agreement (SLA) and applicable Subscription Agreement.
2. Disclaimer of Warranties
Unless explicitly stated in our written SLA, CloudNexus makes no warranties, express or implied, regarding the uninterrupted, secure, or error-free operation of our infrastructure. We expressly disclude all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. While we employ industry-standard security and operational practices, we cannot guarantee absolute protection against all cyber threats, hardware failures, or third-party disruptions.
3. Limitation of Damages
To the maximum extent permitted by applicable law, CloudNexus, its affiliates, officers, directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services. This includes, but is not limited to:
- Loss of revenue, profits, or business opportunities
- Data loss, corruption, or inability to access stored information
- Interruption of service or downtime (beyond SLA credit provisions)
- Network security breaches or unauthorized access despite implemented safeguards
- Costs of procurement of substitute goods or services
4. Monetary Cap on Liability
CloudNexus's total aggregate liability for any claim arising from or related to these services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to CloudNexus for the specific service giving rise to the claim during the twelve (12) months preceding the event. For complimentary or trial services, the maximum liability shall be capped at $500.00 USD.
5. Service Availability & SLA Credits
Service downtime and performance guarantees are governed exclusively by our published Service Level Agreement. In the event of a service credit eligibility due to uptime failures, the issuance of account credits constitutes the sole and exclusive remedy available to the customer. No additional monetary compensation, refunds, or damages shall be awarded beyond the SLA credit structure.
6. Data Backup & Recovery
While CloudNexus offers automated backup solutions and maintains redundant storage architectures, we strongly recommend that customers maintain independent, off-site backups of all critical data, configurations, and applications. CloudNexus is not liable for data loss resulting from customer failure to utilize backup services, misconfiguration, unauthorized deletion, or corruption introduced by third-party software or user actions.
7. Third-Party Services & Integrations
Our infrastructure may integrate with or reference third-party software, APIs, marketplaces, or complementary services. CloudNexus does not endorse, control, or guarantee the performance, security, or availability of third-party products. Any claims arising from third-party integrations are the sole responsibility of the respective vendor or the customer, and CloudNexus assumes no liability for related damages or service interruptions.
8. Force Majeure
CloudNexus shall not be held liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemics, governmental actions, internet backbone failures, telecommunications outages, or extreme weather events. We will make commercially reasonable efforts to restore service and communicate with affected customers during such events.
9. Governing Law & Dispute Resolution
This Limitation of Liability shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising under or related to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, held in Wilmington, Delaware, unless otherwise required by mandatory consumer protection laws.
10. Severability & Amendments
If any provision of this Limitation of Liability is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. CloudNexus reserves the right to modify or update this policy at any time. Continued use of our services following the posting of revised terms constitutes acceptance of the changes.
11. Contact Information
For questions regarding this Limitation of Liability, our SLA, or service agreements, please contact our legal or compliance team:
CloudNexus, Inc.
Legal & Compliance Department
Email: legal@cloudnexus.com
Address: 1200 Infrastructure Drive, Suite 400, Wilmington, DE 19801
Support Portal: support.cloudnexus.com