These Terms of Service (the “Terms”) govern your access to and use of the Kinetic Cloud website, hosting, and related services (the “Services”) provided byGaviso Digital Marketing (“Kinetic Cloud”, “we”, “us”, or “our”). By creating an account, purchasing a plan, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility & accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the information you provide, for maintaining the confidentiality of your account credentials, and for all activity that occurs under your account. Notify us immediately of any unauthorized use.
2. Plans, billing & renewals
- Fees for each plan are shown at checkout and billed in advance on a monthly or annual basis.
- Unless cancelled, subscriptions renew automatically at the end of each billing term at the then-current rate.
- Billing and payment are handled through our billing provider. You authorize us (and them) to charge your payment method for all applicable fees and taxes.
- Refunds, where available, are governed by our Refund Policy.
3. Acceptable use
Your use of the Services is subject to our Acceptable Use Policy. Violations may result in suspension or termination as described below.
4. Your content & ownership
You retain all rights to the websites, data, and content you host with us (“Your Content”). You grant us the limited rights necessary to operate, back up, and provide the Services. You are solely responsible for Your Content and for having the rights to use it. If you leave, your content goes with you — we do not claim ownership.
5. Service availability & backups
We work to keep the Services available and performant, and target high uptime across our network. However, the Services are provided on a commercially reasonable basis and may be affected by maintenance, third-party providers, or events beyond our control. We perform backups as described for your plan, but you remain responsible for maintaining your own independent copies of critical data.
6. Suspension & termination
We may suspend or terminate your access if you breach these Terms or the Acceptable Use Policy, fail to pay, or create risk or legal exposure for us or others. You may cancel at any time from your account. Upon termination, your right to use the Services ends; certain provisions (including payment obligations, disclaimers, and limitations of liability) survive.
7. Disclaimers
Except as expressly stated, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of liability
To the maximum extent permitted by law, Kinetic Cloud will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability for any claim relating to the Services will not exceed the amount you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Kinetic Cloud from claims, losses, and expenses arising out of Your Content, your use of the Services, or your violation of these Terms or applicable law.
10. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Continued use after changes take effect constitutes acceptance.
11. Governing law
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. The courts located in that jurisdiction will have exclusive jurisdiction over any disputes, subject to any mandatory consumer-protection rights that apply to you.
12. Contact
Questions about these Terms? Contact us at help@gaviso.agency.Gaviso Digital Marketing, 10250 Constellation Blvd., Ste 2300, Los Angeles, California 90067, USA.