Terms of Service

By creating an account, accessing our platform, or using any of our Services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts
• You are authorized to bind the entity you represent to these Terms
• All information you provide is accurate, current, and complete
• You will comply with all applicable laws and regulations in your use of the Services
• You have read and agree to our Privacy Policy

These Terms apply to all users of the Services, including without limitation users who are browsers, customers, merchants, vendors, and contributors of content.

Zenith Cloud Ops provides enterprise-grade cloud operations services, including but not limited to:

• Cloud Infrastructure Management: Setup, configuration, and ongoing management of cloud resources across AWS, Azure, GCP, and private clouds
• Kubernetes Orchestration: Container orchestration, deployment automation, and cluster management
• Security & Compliance: Security implementation, compliance automation, threat detection, and monitoring
• 24/7 Monitoring & Analytics: Real-time infrastructure monitoring, predictive analytics, and performance optimization
• DevOps Automation: CI/CD pipeline setup, infrastructure as code, and deployment workflows
• Disaster Recovery & Backup: Multi-region redundancy, automated failover, and backup solutions
• Cloud Migration Services: End-to-end migration planning, execution, and optimization

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to the terms of your Service Agreement.

Account Creation:

• You must create an account to access certain Services
• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• You are solely responsible for all activities that occur under your account

Account Security:

• You must use strong passwords and enable multi-factor authentication (MFA) when available
• You must not share your account credentials with any third party
• You must comply with all security policies and procedures we establish
• We reserve the right to suspend or terminate accounts that pose security risks

Uptime Guarantee:

We guarantee 99.99% uptime for our core Services, measured on a monthly basis. This excludes:

• Scheduled maintenance windows (announced at least 72 hours in advance)
• Force majeure events beyond our reasonable control
• Issues caused by your infrastructure, applications, or configurations
• Third-party service provider outages
• Denial of service attacks or other malicious activities

Service Credits:

If we fail to meet the 99.99% uptime guarantee, you may be eligible for service credits as follows:

• 99.9% - 99.99% uptime: 10% service credit
• 99.0% - 99.9% uptime: 25% service credit
• Below 99.0% uptime: 50% service credit

Service credits must be requested within 30 days of the incident and are your sole remedy for SLA breaches.

Fees and Billing:

• All fees are stated in U.S. Dollars unless otherwise specified
• Fees are billed monthly in advance or as otherwise specified in your Service Agreement
• You authorize us to charge your designated payment method for all fees
• All fees are non-refundable except as expressly stated in our Refund Policy
• We reserve the right to change our fees with 30 days' notice

Late Payments:

• Payments are due within 15 days of the invoice date
• Late payments may incur a fee of 1.5% per month or the maximum allowed by law
• We may suspend Services for accounts with payments more than 30 days overdue
• You remain responsible for all fees during any suspension period

Taxes:

All fees are exclusive of applicable taxes, duties, and levies. You are responsible for paying all such taxes except those based on our net income.

You are responsible for:

• Compliance: Ensuring your use of the Services complies with all applicable laws, regulations, and industry standards
• Data: The accuracy, quality, and legality of your data and the means by which you acquired it
• Security: Implementing appropriate security measures for your applications and data
• Access Control: Managing user access and permissions within your account
• Backups: Maintaining independent backups of critical data (in addition to our backup services)
• Cooperation: Providing timely cooperation and information necessary for us to deliver the Services
• Third-Party Services: Any third-party services or integrations you use in connection with our Services

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or other harmful code
• Engage in fraudulent, deceptive, or misleading activities
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Attempt to gain unauthorized access to any systems or data
• Use the Services for cryptocurrency mining without prior written approval
• Engage in any activity that could damage our reputation or business
• Resell or redistribute the Services without authorization
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove or obscure any proprietary notices

Our Rights:

The Services, including all software, technology, content, trademarks, and other intellectual property, are owned by Zenith Cloud Ops or our licensors. These Terms do not grant you any ownership rights in the Services.

Your Rights:

You retain all rights to your data and content. By using the Services, you grant us a limited license to host, store, process, and transmit your data solely to provide the Services.

Feedback:

If you provide feedback, suggestions, or ideas about the Services, we may use them without any obligation to you.

We process your data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA where applicable.

Data Processing:

• We act as a data processor for customer data
• You remain the data controller responsible for compliance with data protection laws
• We implement appropriate technical and organizational security measures
• We will assist you in meeting your data protection obligations

Data Location:

Your data may be stored and processed in multiple geographic locations to ensure redundancy and performance. You can specify preferred data residency requirements in your Service Agreement.

Both parties agree to maintain the confidentiality of any confidential information disclosed during the term of this agreement. Confidential information includes:

• Technical information, business plans, and strategies
• Customer data and usage information
• Pricing and financial information
• Any information marked as confidential

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Term:

These Terms commence when you first access the Services and continue until terminated by either party.

Termination by You:

• You may terminate at any time by providing 30 days' written notice
• You remain responsible for all fees incurred prior to termination
• No refunds will be provided for prepaid fees unless required by our Refund Policy

Termination by Us:

We may terminate or suspend your access immediately if:

• You breach these Terms or our Acceptable Use Policy
• Your account is 30+ days past due
• We are required to do so by law
• Continuing to provide Services creates security or legal risks

Effect of Termination:

• Your right to access and use the Services immediately ceases
• We will provide you with 30 days to retrieve your data
• After 30 days, we may permanently delete your data
• Provisions that by their nature should survive will continue (payment obligations, limitations of liability, etc.)

Our Warranties:

We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards.

Disclaimer:

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, error-free, or completely secure
• The Services will meet your specific requirements
• Any errors or defects will be corrected
• The Services are compatible with all hardware and software

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL ZENITH CLOUD OPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

Cap on Liability:

Our total liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $10,000, whichever is greater.

Exceptions:

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

You agree to indemnify, defend, and hold harmless Zenith Cloud Ops, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your data or content
• Any negligent or wrongful conduct by you or your users

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

Informal Resolution:

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute and your proposed resolution.

Arbitration:

If we cannot resolve the dispute within 60 days, either party may initiate binding arbitration under the rules of the American Arbitration Association. The arbitration will be conducted in Denver, Colorado, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver:

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions:

Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights.

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to your registered email address
• Displaying a prominent notice on our platform

Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modifications, you must stop using the Services and may terminate your account.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Entire Agreement:

These Terms, together with our Privacy Policy and any Service Agreement, constitute the entire agreement between you and Zenith Cloud Ops regarding the Services.

Severability:

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver:

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment:

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Third-Party Beneficiaries:

These Terms do not create any third-party beneficiary rights.

Export Compliance:

You agree to comply with all applicable export and import control laws and regulations.