Terms of Service
Effective Date: April 12, 2026
1. Agreement to Terms
By accessing or using the services provided by Above the Clouds Computing LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
2. Services
Above the Clouds Computing LLC provides cloud consulting, AI readiness assessments, web development, managed cloud services, and digital products including templates and starter kits. Specific deliverables, timelines, and pricing are defined in individual Statements of Work (SOW) or product listings.
3. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use our services. If you are using our services on behalf of a business, you represent that you have the authority to bind that entity to these Terms.
4. Payments and Pricing
- All prices are listed in US Dollars (USD).
- Payment is due upon purchase for digital products and assessments.
- For consulting and project-based work, payment terms are defined in the SOW (typically net 30).
- We use third-party payment processors. Your payment information is handled by these processors and is never stored on our systems.
- Late payments may incur a 1.5% monthly interest charge.
5. Refund Policy
- Digital products (templates, starter kits): No refunds after download. If a product is defective, contact us within 14 days for a replacement or credit.
- AI Readiness Assessments: No refunds after the assessment report has been delivered. If the assessment has not yet been started, a full refund will be issued upon request.
- Consulting services: Refunds for consulting are handled per the terms in the individual SOW.
6. Intellectual Property
- Our IP: All templates, code, documentation, and materials created by Above the Clouds Computing LLC remain our intellectual property unless explicitly transferred in a SOW.
- Client IP: Any materials you provide to us remain your property. You grant us a limited license to use them solely for delivering the agreed-upon services.
- Delivered work: For custom projects, ownership of the final deliverables transfers to you upon full payment, unless otherwise specified in the SOW. We retain the right to use anonymized versions of the work in our portfolio.
- Templates and digital products: You receive a non-exclusive, non-transferable license to use purchased templates for your own projects. You may not resell, redistribute, or sublicense them.
7. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the engagement. This includes business plans, technical specifications, client data, and financial information. This obligation survives the termination of these Terms for a period of two (2) years.
8. Limitation of Liability
To the maximum extent permitted by law, Above the Clouds Computing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claim shall not exceed the amount you paid us for the specific service giving rise to the claim.
9. Warranties and Disclaimers
- We provide our services "as is" and "as available."
- We do not warrant that our services will be uninterrupted, error-free, or free of harmful components.
- For consulting and assessment services, we provide professional opinions and recommendations based on available information. We do not guarantee specific business outcomes.
10. Termination
- Either party may terminate an engagement with 30 days' written notice, unless otherwise specified in a SOW.
- Upon termination, you remain responsible for payment for all services rendered through the termination date.
- We reserve the right to terminate or suspend access to our services immediately if you violate these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Colorado.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Continued use of our services after changes constitutes acceptance of the updated Terms.
13. Contact
For questions about these Terms, contact us at:
- Email: bmay@acc.ninja
- Company: Above the Clouds Computing LLC