EasyCloudify LLC Terms of Service (TOS)

Last Updated on May 27, 2025

Introduction

Welcome to EasyCloudify LLC's Terms of Service (the "TOS"). This agreement governs your access to and use of EasyCloudify LLC's services, websites, and products.

By using our Websites and Services, you agree to these Terms. If you do not agree, you must discontinue using our services immediately.

B2B Services Only

EasyCloudify LLC provides services exclusively to businesses (B2B). By accepting these Terms, you confirm that you are acting in a professional or commercial capacity and not as a consumer. If you are using EasyCloudify LLC on behalf of a company, you represent that you have the authority to bind that company to these Terms.

What Documents Make Up the TOS?

The TOS consists of:

This document, which outlines the core terms of service.
Data Processing Agreement (DPA), which explains how we process customer data in compliance with applicable data protection laws including GDPR.
Acceptable Use Policy (AUP), which defines prohibited activities.
Privacy Policy, which details how we collect, use, and protect data.
Marketplace Terms of Service, which apply to vendors on the EasyCloudify Marketplace.
Service Level Agreement (SLA), which defines uptime commitments and remedies (where separately agreed in writing).

Whom Does This TOS Apply To?

When we use "EasyCloudify LLC", "we", "us", or "our", we refer to EasyCloudify LLC, a cloud hosting company incorporated in Delaware, United States.

When we say "Customer", "you", or "your", we refer to any business entity using our Websites or Services.

When Does This TOS Apply?

This TOS becomes legally binding when:

You click "I accept" during signup.
You use our Websites or Services.
You purchase services through a contract that references this TOS.

1. Eligibility & Registration

1.1 Legal Compliance

You may only use our Websites and Services if you comply with all applicable laws in your jurisdiction.

1.2 Age Restriction

You must be at least 18 years old to use our Websites and Services.

1.3 Account Registration

To access certain services, you must create an account and provide accurate information, including your name, email, and payment details.

1.4 Changes to Services

We may change, suspend, or discontinue any of our Services or Websites at any time, with reasonable notice where practicable.

2. Proprietary Rights & Customer Responsibilities

2.1 Intellectual Property

All Websites, Services, trademarks, and content provided by EasyCloudify LLC belong to us or our licensors.

2.2 Feedback & Suggestions

If you provide feedback or suggestions, we may use them without compensation to you.

2.3 Public Use of Your Name & Logo

You grant EasyCloudify LLC permission to use your company name and logo for marketing purposes, unless you request otherwise in writing at [email protected]. We will honor opt-out requests within 10 business days.

3. Customer Content & Services Content

3.1 Customer-Submitted Content

You are responsible for any content (such as data, files, and configurations) you submit or store through our services.

3.2 License Grant

By submitting content, you grant EasyCloudify LLC a worldwide, non-exclusive, royalty-free license solely to host, store, and operate your content for the purpose of providing our services.

3.3 Responsibility for Your Content

You are fully responsible for the content you upload and agree that EasyCloudify LLC is not liable for any legal claims arising from it.

4. Rules of Conduct

You agree not to:

Violate our Acceptable Use Policy.
Use our services for illegal activities.
Attempt to hack, disrupt, or attack our network or any third-party systems.
Use the services to send spam or distribute malware.
Resell our services without prior written permission.

We reserve the right to investigate violations and suspend or terminate accounts without liability.

5. Payments, Billing & Cancellation

5.1 Payment Terms

Payments are billed in advance and must be paid on time.
All invoices are issued in USD unless otherwise agreed in writing.
Late payments may incur a fee of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
If you fail to pay, we may suspend or terminate your account after reasonable notice.

5.2 Taxes & International Customers

EasyCloudify LLC is a US-based entity (Delaware). All services are provided on a business-to-business (B2B) basis. The following tax terms apply by jurisdiction:

United States: Customers are responsible for any applicable US federal, state, or local taxes associated with their purchases where required by law.

European Union: EasyCloudify LLC does not charge VAT on services supplied to EU-based businesses. VAT is 0% — Reverse charge applies. EU customers are liable to account for VAT under Art. 196 of the EU VAT Directive 2006/112/EC. Customers must provide a valid EU VAT number upon registration.

United Kingdom: EasyCloudify LLC does not charge VAT on services supplied to UK-based businesses. VAT is 0% — Reverse charge applies under UK VAT Act 1994, Section 8. UK customers are liable to account for VAT to HMRC.

All Other Jurisdictions: Customers are solely responsible for determining and fulfilling any applicable local tax obligations — including VAT, GST, withholding tax, or similar levies — arising from the receipt of our services. EasyCloudify LLC assumes no liability for a customer's failure to comply with local tax laws.

5.3 Cancellation Policy

To cancel a service or subscription, you must submit a written request via:

[email protected]
Live Chat or Support Portal (if available)

Cancellations are processed within 3 business days. No refunds are issued for partially used billing periods unless otherwise required by applicable law.

6. Third-Party Services

Our services may include links to or integrations with third-party tools or platforms. We are not responsible for their security, privacy, availability, or service quality. Your use of third-party services is governed by their respective terms.

7. Confidentiality & Security

7.1 Confidentiality

Both parties agree to keep non-public business information confidential and not to disclose it to third parties without prior written consent, except as required by law.

7.2 Security Obligations

You are responsible for maintaining strong passwords, access controls, and the overall security of your account.

If you suspect unauthorized access, notify us immediately at [email protected].

7.3 Data Processing & GDPR

If you are located in the European Union or United Kingdom, the processing of personal data is governed by our Data Processing Agreement (DPA), which forms part of this TOS. By accepting these Terms, EU and UK customers also accept the DPA. EasyCloudify LLC acts as a data processor on your behalf and processes personal data only in accordance with your documented instructions and applicable data protection law, including the EU General Data Protection Regulation (GDPR) 2016/679 and the UK GDPR.

8. Service Levels & Disclaimers

8.1 Service Availability

EasyCloudify LLC will make reasonable efforts to maintain service availability. Planned maintenance will be communicated in advance where practicable. No specific uptime guarantee is made unless agreed in a separate written Order Form.

8.2 No Additional Warranty

Except as stated in the SLA, our Websites and Services are provided "as-is". We make no additional representations regarding security, error-free performance, or fitness for a particular purpose.

8.3 Limitation of Liability

To the maximum extent permitted by law:

EasyCloudify LLC's total liability is limited to the amounts you paid us in the last 30 days.
We are not liable for indirect, incidental, special, or consequential damages, including loss of data, loss of revenue, or business interruption.

9. Indemnification

You agree to defend, indemnify, and hold EasyCloudify LLC harmless against claims, damages, and costs (including legal fees) arising from:

Your use of our services.
Your violation of laws or third-party rights.
Your breach of this TOS.
Content you store or transmit through our services.

10. Termination of Services

We may suspend or terminate your account:

If you violate this TOS.
If required by law or regulation.
If you engage in fraudulent, abusive, or harmful activity.

Upon termination, you will have 7 days to retrieve your data before it is permanently deleted, unless prohibited by law.

11. Dispute Resolution & Governing Law

11.1 Governing Law

This TOS is governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

11.2 Arbitration Agreement

All disputes arising from or relating to this TOS must be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Dover, Delaware, except for small claims which may be brought in the appropriate court.

11.3 No Class Actions

All claims must be brought individually. Neither party may participate in a class action, collective action, or representative proceeding.

11.4 International Customers

Notwithstanding Section 11.1, nothing in this TOS limits any rights you may have under the mandatory consumer or business protection laws of your country of residence where such laws cannot be contractually excluded.

12. Miscellaneous Provisions

12.1 Force Majeure: We are not responsible for service failures due to events beyond our reasonable control, including natural disasters, cyberattacks, government actions, or internet infrastructure failures.
12.2 No Third-Party Rights: This TOS does not grant rights to any third parties.
12.3 Updates to TOS: We may update this TOS at any time. We will provide notice via email or website announcement at least 14 days before material changes take effect. Continued use of our services after the effective date constitutes acceptance.
12.4 Severability: If any provision of this TOS is found unenforceable, the remaining provisions remain in full force and effect.
12.5 Entire Agreement: This TOS, together with the DPA, AUP, Privacy Policy, SLA, and any executed Order Forms, constitutes the entire agreement between the parties and supersedes all prior agreements.

13. Contact Information

For questions regarding this TOS, contact us at:

Email: [email protected] Address: EasyCloudify LLC, 8 The Green, STE A, Dover, DE 19901, United States Website: www.easycloudify.com

Terms and conditions of supply