The terms and conditions governing your use of the Foundation cloud platform operated by Cloudvoid LLC.
By accessing or using any services provided by Cloudvoid LLC ("Provider," "we," "us") through the Foundation cloud platform ("Services"), you ("Customer," "you") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
These Terms, together with our Service Level Agreement, Privacy Policy, and Acceptable Use Policy, constitute the complete agreement between you and Provider regarding the Services.
Foundation provides cloud infrastructure services including, but not limited to:
The specific services, resource allocations, and pricing applicable to your account are defined in your service order or subscription agreement.
To use the Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify Provider of any unauthorized use of your account or any other breach of security. Provider will not be liable for any loss or damage arising from your failure to protect your account credentials.
Customer agrees to:
Customer retains all ownership rights to data stored on, processed by, or transmitted through the Services ("Customer Data"). Provider does not claim any ownership over Customer Data.
Provider will not access, use, or disclose Customer Data except as necessary to provide the Services, comply with the law, or as otherwise authorized by Customer. Provider will handle Customer Data in accordance with our Privacy Policy.
Customer is solely responsible for the content, quality, and legality of Customer Data and the means by which Customer acquires Customer Data.
Backup services are available as an optional add-on at additional cost. Customers who subscribe to backup services receive a standard 7-day retention period included in the backup fee. Extended retention beyond 7 days is available at additional cost.
Customers who do not subscribe to backup services are solely responsible for maintaining their own data backups and disaster recovery procedures. Provider assumes no liability for data loss on accounts without active backup services.
Even with backup services enabled, Customer is encouraged to maintain independent backups of critical data.
Customer agrees to pay all fees associated with the Services as set forth in the applicable service order or subscription agreement. Unless otherwise specified:
Provider may adjust pricing with at least 60 days' written notice prior to the next billing cycle.
Provider's uptime commitments, service credits, and related terms are defined in the Service Level Agreement, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the SLA, the SLA will govern with respect to service availability and credits.
The Services, including all software, infrastructure, documentation, branding, and related materials, are the intellectual property of Cloudvoid LLC or its licensors. Nothing in these Terms transfers any intellectual property rights to Customer except the limited right to use the Services as described herein.
Customer retains all rights to Customer Data and any applications or content developed by Customer using the Services.
For customers utilizing bare-metal colocation services, the following additional terms apply:
For hardware leased from Provider, Provider is responsible for warranty coverage and break-fix repair for the duration of the lease. Provider will replace or repair faulty components in accordance with the support response times defined in the Service Level Agreement. Leased hardware remains the property of Provider at all times.
For hardware owned and supplied by Customer, Customer retains full ownership and is solely responsible for the configuration, maintenance, licensing, warranty, and repair of all Customer-owned equipment. Provider is not liable for hardware failures, data loss, or software issues on Customer-owned equipment unless caused by Provider's negligence.
For all bare-metal colocation services, Provider is responsible for supplying power, network connectivity, environmental controls, and physical security of the facility.
Customer is not permitted to access the datacenter facility or any physical infrastructure at any time. Hardware installation and removal is performed exclusively by Provider's operations team. Customer may deliver equipment via one of the following methods:
All hardware installations, removals, and physical changes must be coordinated with Provider in advance and are subject to Provider's scheduling and safety requirements. Under no circumstances will Customer or Customer's agents be granted unescorted or direct access to the datacenter floor, racks, or any infrastructure areas.
All hardware — whether leased or Customer-owned — must comply with Provider's environmental, power, and safety requirements. Provider reserves the right to refuse installation of equipment that does not meet these requirements.
Provider may suspend Services immediately if Customer violates these Terms, the Acceptable Use Policy, or applicable law, or if Customer's use poses a security risk to the platform or other customers. Provider will make reasonable efforts to notify Customer prior to suspension except where immediate action is required.
Customer may terminate Services at any time by providing 30 days' written notice. Customer remains responsible for all fees incurred through the end of the current billing period.
Provider may terminate Services with 60 days' written notice for any reason, or immediately for cause (material breach, non-payment exceeding 30 days, illegal activity).
Upon termination, Customer will have 30 days to retrieve Customer Data. After this period, Provider may delete all Customer Data without further obligation. Sections 5, 9, 12, 13, and 14 survive termination.
To the maximum extent permitted by applicable law, Provider's total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the total fees paid by Customer to Provider during the twelve (12) months immediately preceding the event giving rise to the claim.
In no event shall Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable or whether Provider was advised of the possibility of such damages.
Customer agrees to indemnify, defend, and hold harmless Provider and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Except as expressly provided in the Service Level Agreement, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Provider does not warrant that the Services will be uninterrupted, error-free, or completely secure. Customer acknowledges that no cloud service can guarantee 100% availability or absolute security.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, widespread internet outages, power grid failures, or failures of third-party providers.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Williamson County, Texas.
Before initiating any legal proceeding, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.
Provider reserves the right to modify these Terms at any time. Material changes will be communicated at least 30 days in advance via email or through the management panel. Continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.
The current version of these Terms is always available at foundation.cloudvoid.com/terms.
For questions about these Terms of Service: