cirrosys

Terms of Service

Last Updated: July 3, 2025

Please read these Terms carefully. By accessing, using, or purchasing our Services, you agree to be bound by these Terms and our Privacy Policy.

Welcome to Cirrostratus Systems LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our cloud consulting services, managed and unmanaged hosting/server services, and reseller services (collectively, the "Services").

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

1. Services

1.1. Cloud Consulting

We provide expert advice and implementation services related to cloud strategy, architecture, migration, and optimization. The specific scope of consulting services will be detailed in a separate Statement of Work (SOW) or proposal agreed upon by both parties.

1.2. Hosting Services

Managed Hosting:

We will manage, monitor, and maintain the server environment, including security, updates, and backups, as specified in your service plan.

Unmanaged Hosting:

You are responsible for all aspects of server management, including software installation, security, and maintenance. We provide the hardware and network infrastructure.

1.3. Reseller Services

We may resell third-party cloud products and services (e.g., from AWS, Google Cloud, Microsoft Azure). Your use of these third-party services is subject to their respective terms and conditions, which you are responsible for reviewing and complying with. We will act as your primary point of contact for billing and support for these resold services.

2. Account & Responsibilities

2.1. Account Registration

You must provide accurate, current, and complete information during the registration process and keep your account information updated.

2.2. Your Responsibilities

You are responsible for:

  • All activity that occurs under your account.
  • Maintaining the security and confidentiality of your account credentials.
  • Your data and any content you upload, store, or process through our Services ("Your Content").
  • Ensuring Your Content complies with our Acceptable Use Policy (Section 3).
  • Obtaining all necessary rights and permissions to use and share Your Content.

3. Acceptable Use Policy (AUP)

You agree not to misuse the Services. You will not, and will not permit any third party to:

  • Use the Services for any illegal, fraudulent, or harmful purpose.
  • Violate the rights of others, including intellectual property, privacy, or publicity rights.
  • Transmit any viruses, malware, or other malicious code.
  • Engage in activities that are abusive or that interfere with or disrupt our Services or networks (e.g., spamming, denial-of-service attacks).
  • Attempt to gain unauthorized access to any system or network.
  • Use the services to store or transmit any material that is obscene, defamatory, or otherwise objectionable.

4. Fees, Payment, and Refunds

4.1. Fees

You agree to pay all applicable fees for the Services as described on our website or in your SOW. Fees are quoted in U.S. Dollars unless otherwise stated.

4.2. Billing

Recurring Services:

Hosting and other recurring services are billed in advance on a monthly, quarterly, or annual basis.

Consulting Services:

Consulting services may be billed on a fixed-project, time-and-materials, or retainer basis as outlined in the SOW.

Invoices:

Invoices are due upon receipt. We will provide invoices via email or through your client portal.

4.3. Payment

We accept payment via credit card, ACH transfer, or other methods as specified. By providing a payment method, you authorize us to charge you for all fees incurred.

4.4. Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend or terminate your Services for non-payment.

4.5. Refunds

  • Consulting fees are non-refundable once work has commenced.
  • Hosting service fees are generally non-refundable, except as provided in our Service Level Agreement (SLA) or within the first 30 days of a new annual subscription, at our sole discretion.
  • Fees for third-party services are subject to the refund policies of the respective provider.

5. Intellectual Property

5.1. Our IP

We retain all rights, title, and interest in and to our Services, including all related software, tools, and documentation, and any intellectual property created by us outside the scope of a specific SOW for you.

5.2. Your IP

You retain all rights, title, and interest in and to Your Content.

5.3. Deliverables

For consulting projects, any custom code, scripts, or documentation created specifically for you as a "Deliverable" under an SOW will be your property upon full and final payment for the project. We retain a perpetual, worldwide, non-exclusive, royalty-free license to use any such Deliverables for our own business purposes.

6. Confidentiality

Each party agrees not to disclose the other party's Confidential Information, except to employees, agents, or contractors who have a need to know and are bound by confidentiality obligations. "Confidential Information" includes all non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

7. Term and Termination

7.1. Term

These Terms will remain in effect until terminated by either party.

7.2. Termination by You

You may terminate your account and these Terms at any time by providing us with 30 days' written notice.

7.3. Termination by Us

We may suspend or terminate your access to the Services and these Terms at any time, with or without cause, by providing you with 30 days' written notice. We may terminate your account immediately if you are in material breach of these Terms, including failure to pay fees.

7.4. Effect of Termination

Upon termination, your right to use the Services will cease immediately. You are responsible for downloading Your Content prior to termination. We may delete Your Content from our systems 30 days after termination. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers and Limitation of Liability

8.1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Austin, Texas, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS").

11. General Provisions

11.1. Entire Agreement

These Terms, together with any SOW and our Privacy Policy, constitute the entire agreement between you and the Company concerning the Services.

11.2. Changes to Terms

We may modify these Terms from time to time. We will provide notice of changes by posting the new Terms on our site and updating the "Last Updated" date. Your continued use of the Services after any such change constitutes your acceptance of the new Terms.

11.3. Notices

All notices to us must be in writing and sent to 14205 N Mopac Expy, Austin, TX, 78728 and hello@cirrosys.com.

11.4. Contact Information

If you have any questions about these Terms, please contact us at hello@cirrosys.com.

Questions About These Terms?

If you have any questions about these Terms of Service, please don't hesitate to contact us.

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