Terms of Service

Acceptance of Terms

Welcome to Adatage. These Terms of Service ("Terms") govern your access to and use of the Adatage services, applications, and websites (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

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

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

Service Description

Adatage provides cloud infrastructure services, applications, and related technology solutions. Our Services include, but are not limited to:

• Cloud computing and storage infrastructure
• Identity and access management services
• Communication and collaboration tools
• Developer tools and APIs
• Network infrastructure and security services
• Data residency and compliance solutions

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

User Accounts

Account Creation

To use certain features of our Services, you must create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

Account Responsibilities

You are solely responsible for all activity that occurs under your account. You agree to:

• Maintain the security of your account credentials
• Immediately notify us of any unauthorized use of your account
• Ensure that all information you provide is accurate and up-to-date
• Be responsible for all activities conducted through your account
• Not share your account credentials with others

Account Termination

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activity.

Acceptable Use Policy

You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include, but are not limited to:

• Violating any applicable laws, regulations, or third-party rights
• Distributing malware, viruses, or other harmful code
• Attempting to gain unauthorized access to our systems or other users' accounts
• Engaging in any activity that could harm minors
• Sending spam, unsolicited communications, or engaging in phishing
• Infringing on intellectual property rights
• Using the Services to mine cryptocurrency without authorization
• Conducting security testing without prior written consent
• Reselling or sublicensing the Services without authorization
• Using automated systems to access the Services in a manner that exceeds reasonable request volume

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

Payment and Billing

Fees and Charges

Certain Services require payment of fees. You agree to pay all applicable fees as described in your service plan. All fees are non-refundable unless otherwise stated or required by law.

Billing

By providing payment information, you authorize us to charge the payment method you provide for all fees incurred. You will provide accurate and complete billing information and keep this information up to date.

Automatic Renewal

Unless you cancel your subscription, it will automatically renew for successive periods. You authorize us to charge your payment method for each renewal period.

Price Changes

We may change our fees at any time. We will provide you with reasonable notice of any fee changes before they take effect. Your continued use of the Services after a fee change constitutes your agreement to pay the modified fees.

Taxes

All fees are exclusive of applicable taxes, duties, or similar charges imposed by tax authorities. You are responsible for paying all applicable taxes associated with your use of the Services.

Termination

Termination by You

You may terminate your account at any time by following the account closure process available through the Services. Upon termination, your right to access and use the Services will immediately cease.

Termination by Us

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

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At your request

Effect of Termination

Upon termination, all rights granted to you under these Terms will immediately cease. You remain responsible for all fees and charges incurred prior to termination. We may delete your data after a reasonable period following termination.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

No advice or information obtained from us or through the Services will create any warranty not expressly stated in these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADATAGE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Adatage and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or data
• Any activity conducted through your account

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

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Adatage is established, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration or the courts, as applicable under local law.

Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting a notice on our website or by sending you an email. The "Last Updated" date at the top of these Terms will reflect when changes were last made.

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

Contact Information

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

• Email: legal@adatage.com
• Support: support.adatage.com
• Mailing Address: Adatage Legal Department, [Address to be provided]