Terms of Service

1. Acceptance of terms

1.1 Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and CloudPresto LLC ("CloudPresto," "we," "us"). By accessing or using this website, the customer portal, or our services, you agree to these Terms and to our Privacy Policy.

1.2 Authority to bind

If you are agreeing on behalf of an organization, you represent that you are authorized to bind it to these Terms.

2. Definitions

• "Services" — CloudPresto’s managed cloud operations, resilience/disaster-recovery, DevOps, AI-assisted workflow, and related offerings.
• "Engagement Agreement" — a signed order, statement of work (SOW), or master services agreement defining the scope, deliverables, fees, and service targets for a specific engagement.
• "Customer Data" — data and systems you provide to, or grant us access to, in connection with the Services.

3. Services & engagement agreements

3.1 The Services

CloudPresto provides managed operations and related professional services as described on this website and in your Engagement Agreement.

3.2 Engagement agreements control

The specific scope, deliverables, fees, and any service targets for a given engagement are defined in an Engagement Agreement. In the event of a conflict, the Engagement Agreement controls over these Terms and over any description on this website.

3.3 Website content and targets

Information on this website — including pricing, response times, recovery objectives (RTO/RPO), availability figures, and other metrics — is provided for general informational and planning purposes only. Such figures are illustrative targets, not guarantees, and create no service-level commitment unless and until they are set out in a signed Engagement Agreement. Outcome examples, savings figures, and performance improvements shown on this website are similarly illustrative and depend on your environment.

4. Accounts & registration

4.1 Eligibility & accurate information

The portal is intended for business users. You agree to provide accurate registration information and to keep it current.

4.2 Account security

You are responsible for keeping your credentials confidential and for activity under your account. Notify us promptly at [email protected] of any unauthorized use.

4.3 Suspension

We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

5. Acceptable use

You agree not to: (a) access or use the website or Services in violation of law; (b) attempt to gain unauthorized access to, probe, or disrupt our systems or other users; (c) introduce malware or conduct denial-of-service activity; (d) scrape, reverse engineer, or resell the website except as permitted; or (e) use the Services to infringe others’ rights. We may investigate and take appropriate action, including suspension, for violations.

6. Customer responsibilities

For paid engagements, you are responsible for providing timely access, accurate information, necessary authorizations to your environments and cloud accounts, and appropriate points of contact. You retain ownership of and responsibility for Customer Data and for maintaining your own backups and contractual relationships with your providers, except as expressly assumed by CloudPresto in an Engagement Agreement.

7. Fees & billing

7.1 Fees per engagement

Fees, billing cadence, and payment terms for the Services are set out in the applicable Engagement Agreement.

7.2 Infrastructure and third-party costs

Fees cover the Services. Where your Engagement Agreement includes CloudPresto-provided infrastructure (compute, storage, data transfer), those resources are billed as set out in that agreement. Third-party services that CloudPresto procures or manages on your behalf are billed through your Engagement Agreement where specified. Third-party services you contract directly remain billed to you by those providers.

7.3 Late payment

Undisputed amounts not paid when due may be subject to suspension and to late charges as permitted by the Engagement Agreement and applicable law.

7.4 Taxes

Fees are exclusive of taxes, which are your responsibility except for taxes on CloudPresto’s net income.

8. Intellectual property

8.1 Our intellectual property

The website, the Services, and all related materials (excluding Customer Data and your materials) are owned by CloudPresto or its licensors and protected by applicable law. We grant you a limited, non-exclusive, non-transferable right to use the website and Services as intended.

8.2 Your data and materials

You retain all rights in Customer Data and your materials and grant us the limited rights needed to deliver the Services.

8.3 Feedback

If you give us feedback or suggestions, we may use them without restriction or obligation to you.

9. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms or an Engagement Agreement, protect it with reasonable care, and not disclose it except to personnel and advisors who need it and are bound by confidentiality. These obligations do not apply to information that is public, independently developed, or rightfully obtained without restriction.

10. Data protection

Our handling of personal information is described in our Privacy Policy. Where CloudPresto processes personal data on your behalf, the parties will enter into a Data Processing Addendum (DPA), available on request, which governs that processing.

11. Third-party services

The Services may interoperate with third-party products (such as cloud platforms and tooling). We are not responsible for third-party services, and your use of them is governed by their terms. Engagements depend on your maintaining the necessary third-party accounts and entitlements.

12. Disclaimer of warranties

Except as expressly stated in a signed Engagement Agreement, the website and Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. We do not warrant that the website or Services will be uninterrupted, error-free, or secure.

13. Limitation of liability

13.1 Exclusion of indirect damages

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data.

13.2 Liability cap

Except for your payment obligations and either party’s liability for breaches of confidentiality, indemnification obligations, or willful misconduct, each party’s total aggregate liability is limited to the fees paid or payable by you to CloudPresto for the Services in the twelve (12) months preceding the claim. For free use of this website (with no fees paid), CloudPresto’s aggregate liability is limited to USD $100.

14. Indemnification

You agree to defend, indemnify, and hold harmless CloudPresto from third-party claims and related costs arising from your misuse of the Services, your violation of these Terms or law, or your Customer Data, except to the extent caused by CloudPresto’s own breach or misconduct. Indemnification specific to paid engagements is governed by the Engagement Agreement.

15. Term & termination

15.1 Term

These Terms apply while you use the website or Services. Paid engagements are governed by the term provisions of the Engagement Agreement.

15.2 Suspension & termination

We may suspend or terminate access for violations of these Terms or to protect our systems and users.

15.3 Survival

Sections that by their nature should survive termination (including IP, confidentiality, disclaimers, liability, and indemnification) will survive.

16. Governing law & disputes

16.1 Governing law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules.

16.2 Informal resolution

Before filing a claim, each party agrees to attempt to resolve the dispute informally by contacting the other in good faith.

16.3 Venue

The parties submit to the exclusive jurisdiction of the state and federal courts located in Florida and waive any objection to venue there.

17. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes take effect upon posting (or as otherwise required by law), and continued use after they take effect constitutes acceptance.

18. Miscellaneous

18.1 Entire agreement

These Terms, with any applicable Engagement Agreement and our Privacy Policy, are the entire agreement regarding their subject matter.

18.2 Severability & waiver

If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

18.3 Assignment

You may not assign these Terms without our consent; we may assign them to an affiliate or successor.

18.4 Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control.

18.5 Notices

Notices may be sent to the contact below or to the email associated with your account.

19. Contact

CloudPresto LLC · Florida, USA
Legal contact: [email protected]