Terms of Use

1. Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Cloud X Ops Ltd. ("Cloud X Ops", "Company", "we", "us", or "our"), a company registered under the laws of the Republic of Bulgaria.

These Terms govern your access to and use of our website located at cloudxops.ai (the "Website") and any related services, applications, or content provided by Cloud X Ops (collectively, the "Services").

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

For the purposes of these Terms:

• "Content" means any text, images, graphics, audio, video, software, data, or other materials available through the Services.
• "User Content" means any Content that you submit, upload, or transmit through the Services.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Personal Data" has the meaning given in Regulation (EU) 2016/679 (GDPR).
• "Service Agreement" means any separate agreement for specific services provided by Cloud X Ops.
• "Force Majeure" means events beyond reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or failures of third-party services.

3. Acceptance of Terms

3.1 Agreement to Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

3.2 Eligibility

You may use our Services only if you:

• Are at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Are not prohibited from using the Services under applicable law
• If acting on behalf of an organization, have authority to bind that organization to these Terms

3.3 Additional Terms

Specific services may be subject to additional terms and conditions ("Service Agreements"). In the event of a conflict between these Terms and any Service Agreement, the Service Agreement shall prevail for that specific service.

4. Our Services

4.1 Description of Services

Cloud X Ops provides DevOps and cloud infrastructure services, including but not limited to:

• Cloud architecture design and consulting
• Infrastructure management and optimization
• Continuous integration and deployment (CI/CD) implementation
• Kubernetes and container orchestration
• Security and compliance solutions
• Monitoring, logging, and observability
• Cost optimization and FinOps

4.2 Service Availability

We strive to ensure our Services are available continuously. However, we do not guarantee uninterrupted access. We may:

• Modify, suspend, or discontinue any part of the Services at any time
• Perform maintenance that may temporarily affect availability
• Limit access during high-demand periods or technical difficulties

We will provide reasonable notice of scheduled maintenance when possible.

4.3 Service Modifications

We reserve the right to modify, enhance, or discontinue features of our Services at our discretion. Material changes to paid services will be communicated in advance as specified in the applicable Service Agreement.

5. User Accounts

5.1 Account Registration

Certain features of our Services may require you to create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access to your account

5.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5.3 Account Termination

We may suspend or terminate your account if we reasonably believe that you have violated these Terms. You may close your account at any time by contacting us at support@cloudxops.ai.

6. Acceptable Use

6.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services solely for:

• Your internal business purposes
• Purposes explicitly authorized under a Service Agreement
• Accessing information and resources we make available

6.2 Prohibited Conduct

You agree not to:

• Violate any applicable law, regulation, or these Terms
• Infringe upon the Intellectual Property Rights of Cloud X Ops or third parties
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Engage in any activity that could damage, disable, or impair our infrastructure
• Use automated systems (bots, scrapers) without our prior written consent
• Harvest or collect information about other users without their consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services for competitive analysis or to develop a competing product
• Resell or redistribute our Services without authorization

6.3 Security

You agree to implement reasonable security measures to protect any credentials, API keys, or access tokens we provide. You must notify us immediately at security@cloudxops.ai if you suspect any security breach.

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all Content, features, and functionality, are owned by Cloud X Ops and are protected by Bulgarian, European Union, and international intellectual property laws.

This includes but is not limited to:

• The Cloud X Ops name, logo, and trademarks
• Website design, graphics, and user interface
• Software, source code, and documentation
• Methodologies, processes, and know-how
• Training materials and technical content

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works
• Reverse engineer, decompile, or disassemble any software
• Remove any copyright or proprietary notices
• Transfer the license to any third party

7.3 User Content

You retain ownership of any User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services to you.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide license to use such Feedback without compensation to you.

8. Third-Party Content and Links

8.1 Third-Party Links

Our Services may contain links to third-party websites, services, or content. These links are provided for convenience only. We do not endorse, control, or assume responsibility for any third-party content or practices.

8.2 Third-Party Services

Our Services may integrate with third-party services (AWS, Azure, Google Cloud, etc.). Your use of such services is subject to their respective terms and conditions. We are not responsible for the availability, security, or content of third-party services.

8.3 Third-Party Components

Our Services may incorporate open-source software and third-party components. Such components are subject to their respective licenses, which are made available upon request.

9. Disclaimers

9.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLOUD X OPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT

9.2 No Professional Advice

Content on our Website is provided for informational purposes only and does not constitute professional, legal, financial, or technical advice. You should consult appropriate professionals before making decisions based on such content.

9.3 Technical Limitations

We do not warrant that the Services will meet your specific requirements or that any errors will be corrected. Technology solutions depend on many factors outside our control.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUD X OPS, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY LOSS OF GOODWILL OR REPUTATION
• ANY DAMAGES RESULTING FROM INTERRUPTION OF SERVICE
• ANY DAMAGES ARISING FROM YOUR USE OF THIRD-PARTY SERVICES

REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED EUROS (€100)

10.3 Exceptions

Nothing in these Terms shall limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable law

11. Indemnification

You agree to indemnify, defend, and hold harmless Cloud X Ops and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any User Content you submit
• Your negligent or wrongful conduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

12. Termination

12.1 Termination by You

You may stop using the Services at any time. If you have an account, you may close it by contacting support@cloudxops.ai.

12.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that we believe is harmful to other users, third parties, or our business
• Requests by law enforcement or government agencies
• Discontinuation of the Services (in whole or in part)
• Extended periods of inactivity

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and User Content
• Provisions that by their nature should survive termination shall survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law)

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law principles.

For consumers residing in the European Union, this choice of law does not deprive you of the protection afforded by mandatory provisions of the consumer protection laws of your country of residence.

Nothing in these Terms shall limit, exclude, or otherwise affect any mandatory, non-waivable statutory rights to which you are entitled as a consumer under the Bulgarian Personal Data Protection Act (Закон за защита на личните данни / ЗЗЛД), the Bulgarian Consumer Protection Act, Regulation (EU) 2016/679 (GDPR), or any other applicable mandatory provisions of Bulgarian or European Union law. Where any provision of these Terms conflicts with such mandatory statutory rights, those statutory rights shall prevail.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@cloudxops.ai to attempt to resolve any dispute informally. We will endeavor to resolve disputes within 30 days.

14.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Services that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Sofia, Bulgaria.

14.3 EU Online Dispute Resolution

If you are a consumer in the European Union, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

14.4 Time Limitation

Any claim arising from or relating to these Terms must be brought within one (1) year from the date the cause of action arose, unless a longer period is required by applicable law.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• Material changes will be communicated via email (if you have an account) or prominent notice on our Website
• We will provide at least 30 days' notice before changes take effect for existing users with Service Agreements

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

16. General Provisions

16.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Cloud X Ops regarding the Services and supersede all prior agreements and understandings.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Cloud X Ops.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor or affiliate without notice or consent.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to Force Majeure events beyond our reasonable control.

16.6 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

17. Contact Us

If you have any questions about these Terms, please contact us:

Cloud X Ops Ltd. (trading as "CloudXOps")

Email: legal@cloudxops.ai (legal) · privacy@cloudxops.ai (privacy) · dpo@cloudxops.ai (Data Protection Officer)

Phone: +359 89 874 8283

Registered Address: Orlitsa Str. 31B, Krasna Polyana 3, Sofia, Bulgaria

Company Registration Number (UIC / ЕИК): 208765591

Website: https://cloudxops.ai

For technical support, visit our Contact page or email support@cloudxops.ai.