CloudNexus Service Agreement

1. Introduction & Acceptance

This CloudNexus Service Agreement ("Agreement") constitutes a legally binding contract between CloudNexus Inc. ("CloudNexus", "we", "us", or "our") and the individual or entity accessing our services ("Customer", "you", or "your"). By creating an account, deploying resources, or otherwise accessing the CloudNexus platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined herein.

If you are entering into this Agreement on behalf of a company or organization, you represent and warrant that you have the legal authority to bind such entity to this Agreement. If you do not have such authority, or if you do not agree to these terms, you must not access or use our Services.

2. Definitions

• "Services" refers to all infrastructure, hosting, cloud computing, storage, CDN, database management, and related technologies provided by CloudNexus through its platform and APIs.
• "Customer Data" means any data, content, or information uploaded, processed, stored, or transmitted through the Services by or on behalf of the Customer.
• "SLA" means the Service Level Agreement detailing uptime guarantees, performance metrics, and service credits.
• "Acceptable Use Policy" (AUP) refers to the guidelines governing permissible activities on the CloudNexus infrastructure.

3. Services Provided

CloudNexus provides scalable cloud infrastructure including, but not limited to, virtual private servers (VPS), container orchestration (Kubernetes), global content delivery networks (CDN), managed databases, object storage, and load balancing. All services are delivered on a best-effort basis unless explicitly stated otherwise in a written Enterprise Agreement.

4. Service Level Agreement (SLA)

CloudNexus guarantees a 99.999% uptime SLA for core infrastructure components, measured monthly on a per-region basis. Exclusions include scheduled maintenance, force majeure events, customer-caused outages, and beta/pre-release services.

4.1 Service Credits

In the event of a verified SLA breach, Customers may be eligible for service credits proportional to the downtime, capped at 100% of the monthly service fee for the affected component. Claims must be submitted within 30 days of the incident via the CloudNexus support portal.

5. User Obligations & Acceptable Use Policy

You agree to use the Services solely for lawful purposes and in compliance with all applicable local, national, and international laws. You are responsible for maintaining the security of your account credentials, APIs, and deployed environments.

5.1 Prohibited Activities

• Hosting or distributing malware, ransomware, or malicious code
• Engaging in DDoS attacks, port scanning, or network abuse
• Hosting illegal content, including but not limited to non-consensual media or copyright-infringing material
• Crypto-mining or excessive resource consumption without prior written consent
• Attempting to bypass security controls, rate limits, or virtualization boundaries

Violations of the AUP may result in immediate suspension of services, account termination, and reporting to relevant authorities.

6. Fees, Billing & Payment Terms

Customers agree to pay all fees associated with the Services as outlined in the selected pricing tier. Billing cycles are monthly or annual, as chosen during account setup. All prices are in USD and exclude applicable taxes, VAT, or withholding duties.

6.1 Payment & Late Fees

Invoices are due upon receipt. Payments may be made via credit card, wire transfer, or approved ACH methods. Late payments exceeding 15 days may incur a 1.5% monthly finance charge. CloudNexus reserves the right to suspend services for accounts with outstanding balances exceeding 30 days.

6.2 Refunds

Refunds are processed on a case-by-case basis within 14 days of account creation for eligible plans. After the trial period or annual commitment, refunds are not available unless otherwise stated in writing.

7. Data Protection & Privacy

CloudNexus implements industry-standard encryption (AES-256 at rest, TLS 1.3 in transit), redundant backups, and access controls to safeguard Customer Data. You retain full ownership of your data. CloudNexus acts solely as a data processor and will not sell, license, or monetize Customer Data.

7.1 Compliance

CloudNexus complies with GDPR, CCPA, SOC 2 Type II, and ISO 27001 standards. Customers are responsible for ensuring their data processing activities comply with applicable privacy laws. Data residency options are available for regulated industries.

8. Intellectual Property

All rights, title, and interest in and to the CloudNexus platform, software, APIs, documentation, trademarks, and service marks are exclusively owned by CloudNexus or its licensors. This Agreement grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for internal business purposes.

Customer Data and any original content deployed on the platform remain your exclusive property. CloudNexus may use anonymized, aggregated usage metrics to improve infrastructure performance and develop new features.

9. Limitation of Liability & Indemnification

To the maximum extent permitted by law, CloudNexus' aggregate liability arising out of or related to this Agreement shall not exceed the total amount paid by Customer in the twelve (12) months preceding the claim. CloudNexus shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.

9.1 Indemnification

Customer agrees to indemnify, defend, and hold harmless CloudNexus, its officers, directors, employees, and affiliates from any third-party claims, damages, or expenses arising from Customer's breach of this Agreement, violation of applicable law, or misuse of the Services.

10. Term & Termination

This Agreement commences upon account creation and continues until terminated by either party. Customers may terminate at any time via the account dashboard. CloudNexus may terminate or suspend services immediately for material breach, AUP violations, or non-payment.

10.1 Post-Termination

Upon termination, CloudNexus will retain Customer Data for a grace period of thirty (30) days for backup recovery purposes. After expiration, all data will be permanently and irreversibly deleted in accordance with our Data Sanitization Policy. Customers are responsible for exporting data prior to termination.

11. Dispute Resolution & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any disputes arising under this Agreement shall first be subject to good-faith negotiation. If unresolved within sixty (60) days, disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in Wilmington, Delaware.

12. Miscellaneous

• Amendments: CloudNexus may modify this Agreement with 30 days' notice via email or platform announcement. Continued use constitutes acceptance.
• Severability: If any provision is found unenforceable, the remaining provisions shall remain in full effect.
• Assignment: Customer may not assign this Agreement without prior written consent. CloudNexus may assign in connection with a merger, acquisition, or asset sale.
• Waiver: Failure to enforce any right shall not constitute a waiver of future enforcement.

13. Contact Information

For questions regarding this Service Agreement, billing inquiries, or legal notices, please contact:

Thank you for choosing CloudNexus. We are committed to providing secure, scalable, and reliable infrastructure for your digital ambitions.