Terms of Service
for KIND CLOUD SOLUTIONS
Effective Date: September 2, 2026
Last Updated: September 2, 2026
These Terms of Service (“Terms”) govern your access to and use of kindcloudsolutions.com, together with related websites, client portals, online tools, communications, applications, and other online features operated by Kind Cloud Solutions LLC (collectively, the “Website”).
These Terms may also apply to products and services purchased from Kind Cloud Solutions LLC to the extent expressly incorporated into or referenced by an applicable proposal, quote, order form, statement of work, master services agreement, service agreement, or other written agreement.
“Kind Cloud Solutions,” “KCS,” “we,” “us,” and “our” mean Kind Cloud Solutions LLC. “You” and “your” mean the individual accessing the Website and, where applicable, the business or organization on whose behalf that individual is acting.
By accessing or using the Website, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website.
If you purchase Services or enter into an agreement on behalf of a business or organization, you represent that you have authority to act on behalf of and, where applicable, bind that organization.
1. WEBSITE AND SERVICES
Kind Cloud Solutions provides technology-related products and services that may include:
managed information technology services;
cloud infrastructure, administration, and migration;
cybersecurity and security consulting;
managed detection, monitoring, and response services;
incident-response assistance;
technical support;
Microsoft 365 and other productivity-platform services;
website development, maintenance, and hosting;
artificial intelligence and automation;
chatbot and conversational AI solutions;
voice-assistant and telecommunications solutions;
digital transformation;
IT operations and consulting; and
other technology products and professional services.
Information presented on the Website is generally informational or promotional and does not, by itself, constitute a binding offer, service-level commitment, warranty, professional opinion, or guarantee of results.
Specific paid Services may be governed by additional agreements, including proposals, statements of work (“SOWs”), order forms, master services agreements (“MSAs”), service agreements, service-level agreements (“SLAs”), data-processing agreements (“DPAs”), business associate agreements (“BAAs”), acceptable use policies, or other contractual documents (collectively, “Service Agreements”).
If these Terms conflict with a valid Service Agreement concerning paid Services, the Service Agreement controls with respect to the conflict.
2. ELIGIBILITY AND AUTHORITY
You must be legally capable of entering into a binding agreement to purchase Services or create an account requiring contractual acceptance.
Unless otherwise permitted by us in writing, individuals entering into paid Services must be at least 18 years old.
If you act on behalf of an organization, you represent and warrant that you have authority to act on behalf of and bind that organization.
You agree that information you provide to us will be accurate, current, and complete.
3. ACCOUNTS, CREDENTIALS, AND ACCESS
Certain Services may require an account, client portal, username, password, authentication application, API credential, security key, administrative account, or other access mechanism.
You are responsible, to the extent permitted by applicable law, for:
maintaining the confidentiality and security of credentials under your control;
using reasonable security practices;
ensuring that only authorized persons access your accounts;
promptly removing access for persons who are no longer authorized; and
promptly notifying KCS of known or reasonably suspected credential compromise or unauthorized access.
You may not access another person’s or organization’s account, systems, networks, or information without authorization.
We may require multifactor authentication, password-management controls, conditional access, privileged-access controls, supported software, or other reasonable security safeguards as a condition of accessing certain Services.
4. ACCEPTABLE USE
You may use the Website and Services only for lawful and authorized purposes.
You may not knowingly:
violate applicable law or another person’s rights through our Services;
distribute malware, ransomware, malicious code, or destructive technology;
engage in unauthorized vulnerability scanning, probing, exploitation, interception, penetration testing, or system access;
bypass authentication, security controls, usage restrictions, rate limits, monitoring, or access controls;
use credentials without authorization;
materially interfere with the availability, security, integrity, or operation of our systems or another customer’s systems;
use our infrastructure for phishing, spam, fraud, impersonation, harassment, infringement, abuse, or unlawful surveillance;
intentionally introduce vulnerabilities or unauthorized software into systems managed by KCS;
use the Services to develop, distribute, or facilitate unlawful or materially harmful content or activity; or
use the Services in a manner that materially threatens KCS, our providers, customers, users, systems, reputation, or lawful operations.
Authorized cybersecurity testing performed pursuant to a written engagement with KCS is not prohibited merely because it involves activities otherwise described in this section, provided the testing remains within its authorized scope.
We may investigate suspected violations and may restrict or suspend access when reasonably necessary to protect systems, users, information, customers, providers, or third parties.
5. ORDERS, FEES, AND PAYMENT
Pricing, deposits, recurring charges, payment schedules, taxes, reimbursable expenses, minimum commitments, late-payment provisions, cancellation charges, and other commercial terms may be specified in an applicable Service Agreement or ordering process.
Unless otherwise stated, prices are expressed in U.S. dollars.
You represent that you are authorized to use any payment method you provide.
We may use third-party payment processors. Payment information submitted through those providers may be processed directly by them and subject to their applicable terms and privacy practices.
Except where prohibited by law or stated otherwise in a Service Agreement, fees properly earned or incurred are non-refundable.
Failure to pay amounts when due may result in suspension or termination of affected Services where permitted by applicable law and the applicable Service Agreement.
6. RECURRING SERVICES AND AUTOMATIC RENEWAL
Certain hosting, managed IT, support, maintenance, cloud, software, AI, telecommunications, subscription, monitoring, cybersecurity, or other ongoing Services may renew automatically or continue until canceled.
The applicable order, checkout process, or Service Agreement will specify the relevant billing frequency, renewal period, pricing or pricing methodology, minimum commitment, cancellation procedure, and other material renewal terms.
For consumer transactions subject to automatic-renewal or continuous-service laws, KCS will provide legally required disclosures and obtain any legally required affirmative consent before charging a payment method.
Where required, KCS will provide an acknowledgment of applicable renewal terms and cancellation procedures in a form the customer can retain.
Where legally required, advance renewal notices will be provided before covered renewals.
We will provide legally required methods for canceling covered recurring Services.
Cancellation does not necessarily produce an immediate termination or refund. Unless applicable law or the applicable Service Agreement provides otherwise, cancellation generally becomes effective at the conclusion of the current paid period or other applicable contractual term.
Nothing in these Terms waives any cancellation, renewal, refund, notice, or other consumer right that cannot legally be waived.
7. THIRD-PARTY PRODUCTS, PLATFORMS, AND CLOUD SERVICES
Technology Services frequently depend on third-party providers and infrastructure, which may include cloud platforms, telecommunications providers, internet service providers, domain registrars, software publishers, data centers, payment processors, cybersecurity providers, hosting companies, artificial-intelligence providers, Microsoft, Amazon Web Services, Google, Cloudflare, and other vendors.
Third-party products may be governed by separate:
licenses;
acceptable-use policies;
privacy policies;
data-processing terms;
service-level commitments;
pricing;
usage limitations; and
provider terms.
You agree to comply with third-party terms applicable to products or accounts you use.
KCS does not own or control independent third-party platforms and cannot guarantee their continuous availability, pricing, performance, security, functionality, compatibility, APIs, or continued operation.
Third parties may change or discontinue products, functionality, pricing, licensing models, APIs, integrations, or contractual terms.
Where such a change materially affects Services we provide, KCS will make reasonable efforts, where commercially appropriate, to communicate significant impacts and identify practical alternatives.
To the maximum extent permitted by law, KCS is not responsible for failures caused solely by independent third parties or infrastructure outside our reasonable control.
This section does not relieve KCS of obligations expressly assumed under an applicable Service Agreement or imposed by applicable law.
8. CUSTOMER RESPONSIBILITIES
Reliable and secure technology requires cooperation between KCS and its customers.
Where applicable, you are responsible for:
providing accurate information about your systems, users, requirements, and environment;
providing timely and authorized access necessary for Services;
maintaining accurate administrative, technical, billing, and emergency contacts;
promptly reporting suspected security incidents and credential compromise;
maintaining licenses, permissions, and rights necessary for systems, software, content, and Customer Data supplied by you;
ensuring you have authority to grant KCS requested system and data access;
complying with security controls required by an applicable Service Agreement;
identifying legal, regulatory, contractual, retention, privacy, data-residency, and compliance requirements applicable to your organization;
obtaining legally required notices, authorizations, or consents from your personnel, customers, callers, users, or other individuals when your use of the Services requires them; and
performing dependencies and responsibilities assigned to you in a Service Agreement.
KCS is not responsible for failures, delays, increased costs, or security risks to the extent materially caused by your failure to perform a required dependency or provide necessary access, information, authorization, decisions, or cooperation.
9. CYBERSECURITY AND RISK
KCS takes cybersecurity seriously and uses safeguards we consider reasonable and appropriate for the Services being provided.
No internet-connected system, cloud platform, software product, security control, cybersecurity provider, or data-storage method can guarantee complete security.
Unless expressly stated in a Service Agreement, KCS does not warrant that Services will prevent every:
cyberattack;
unauthorized access attempt;
security incident;
vulnerability;
malware or ransomware infection;
phishing attack;
credential compromise;
data-loss event; or
service interruption.
KCS may recommend controls such as multifactor authentication, endpoint protection, monitoring, supported software, patching, backups, encryption, access controls, security training, network upgrades, or other safeguards.
To the maximum extent permitted by law, KCS is not responsible for loss or damage to the extent materially caused by a customer’s documented decision to reject, disable, circumvent, remove, or fail to maintain a security control reasonably recommended or required by KCS.
This does not excuse KCS from responsibility for its own breach of an applicable Service Agreement or non-waivable legal obligation.
Specific cybersecurity responsibilities, monitoring scope, incident-response obligations, backup requirements, recovery objectives, and security commitments should be defined in the applicable Service Agreement.
10. INCIDENT RESPONSE
Cybersecurity monitoring, incident investigation, containment, remediation, digital forensics, recovery, breach notification assistance, or related incident-response Services are provided only to the extent included in an applicable Service Agreement or separately authorized engagement.
Customers remain responsible for determining their legal notification, regulatory, insurance, law-enforcement, and professional-adviser obligations unless KCS expressly accepts a particular responsibility in writing.
KCS may take reasonable emergency actions within its authorized scope when necessary to protect systems, contain a security threat, prevent material harm, or preserve the integrity of Services.
11. BACKUPS, DISASTER RECOVERY, AND BUSINESS CONTINUITY
Backup, retention, disaster recovery, business continuity, and data-recovery Services are provided only when expressly included in an applicable Service Agreement.
Hosting, cloud administration, technical support, cybersecurity, or managed IT Services do not by themselves mean KCS is responsible for backing up every customer system or item of data.
Where backup or recovery Services are provided, their scope, frequency, retention, storage location, testing, exclusions, and recovery objectives may be defined separately.
No backup or recovery system is infallible.
Customers remain responsible for understanding their business-continuity, recovery, and retention requirements and communicating material requirements to KCS.
12. CUSTOMER DATA
“Customer Data” means data, files, records, credentials, content, communications, or other materials supplied by you or your authorized users to KCS or placed within systems managed on your behalf.
As between you and KCS, you retain your ownership rights in Customer Data, subject to third-party rights.
You grant KCS the limited rights necessary to access, process, transmit, store, copy, disclose to authorized subprocessors, and otherwise use Customer Data as reasonably necessary to:
provide and support Services;
secure and maintain systems;
troubleshoot and administer Services;
perform authorized instructions;
comply with law;
enforce applicable agreements; and
protect customers, users, KCS, and applicable systems.
KCS does not acquire ownership of Customer Data merely by providing Services.
You represent and warrant that you possess the rights, permissions, authority, notices, and consents necessary to provide Customer Data to KCS and authorize the processing necessary to deliver the Services.
Our handling of personal information is also governed by our Privacy Policy and, where applicable, a DPA, BAA, or other Service Agreement.
13. AI TRAINING AND CUSTOMER DATA
Unless expressly authorized by the customer or clearly stated in the applicable Service Agreement, KCS will not use Customer Data to train generalized artificial-intelligence or machine-learning models for KCS’s independent benefit.
Certain AI Services may require information to be processed by third-party AI providers. Applicable data-use and retention terms may vary by provider, product, account type, configuration, and Service Agreement.
Where a particular AI provider offers enterprise or API controls concerning model training, retention, or data usage, the configuration applicable to the purchased Service should be identified in the applicable Service Agreement where material.
14. CONFIDENTIALITY
KCS may receive non-public business, technical, financial, operational, security, personal, or other information that a reasonable person would understand to be confidential (“Confidential Information”).
KCS will use reasonable measures to protect Confidential Information entrusted to us and will use it only as reasonably necessary to:
provide Services;
administer the customer relationship;
comply with law;
enforce applicable agreements; or
protect legitimate rights, customers, and systems.
Confidential Information does not include information that:
becomes publicly available through no breach by KCS;
was lawfully known to KCS without confidentiality restriction;
is lawfully obtained from a third party without confidentiality restriction; or
is independently developed without use of the customer’s Confidential Information.
KCS may disclose Confidential Information when legally required, subject to legally permitted notice requirements.
More detailed or reciprocal confidentiality obligations may be established in a Service Agreement or nondisclosure agreement.
15. ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGIES
KCS may use, develop, configure, integrate, or provide artificial intelligence, machine learning, automation, chatbots, conversational agents, voice assistants, generative AI, or other automated technologies (“AI Services”).
AI Services may rely on third-party providers.
AI-generated output may be inaccurate, incomplete, outdated, inconsistent, biased, or unsuitable for a particular purpose.
Unless expressly agreed otherwise in writing, AI-generated output is intended for informational, administrative, creative, technical, or operational assistance and is not a substitute for legal, medical, financial, accounting, regulatory, or other licensed professional advice.
You are responsible for reasonable human review and validation before materially relying upon AI output.
You may not knowingly submit information to an AI Service that:
you lack authority to disclose;
is prohibited by an applicable Service Agreement;
violates applicable law;
violates another person’s rights; or
is subject to restrictions incompatible with the AI Service being used.
You remain responsible for decisions you make based on AI-generated output except to the extent responsibility is expressly allocated differently in a Service Agreement or applicable law.
KCS does not guarantee specific financial results, revenue increases, cost savings, staffing reductions, lead-generation results, conversion rates, business outcomes, or other results from AI Services unless expressly stated in a written Service Agreement.
16. VOICE ASSISTANTS, CALLS, AND COMMUNICATIONS
Certain Services may enable automated telephone calls, voice assistants, call routing, transcription, recording, text messaging, or other communications functionality.
The customer using such Services is responsible for identifying laws applicable to its communications and obtaining notices, permissions, or consents required for its particular use, including requirements concerning call recording, automated communications, marketing, telecommunications, or use of artificial or prerecorded voices.
KCS does not authorize customers to use its Services to make unlawful calls, send unlawful messages, impersonate persons deceptively, or engage in unlawful telemarketing.
The specific allocation of responsibilities for telecommunications compliance may be addressed in the applicable Service Agreement.
17. INTELLECTUAL PROPERTY
The Website and its original content, branding, designs, graphics, documentation, software, processes, and other materials created by KCS are owned by or licensed to KCS and protected by applicable intellectual-property laws.
Except as expressly authorized, you may not reproduce, distribute, sell, license, modify, create derivative works from, or commercially exploit proprietary KCS materials without permission.
Ownership and licensing of custom deliverables, development, configurations, websites, workflows, automation, software, documentation, or other work product produced during paid engagements will be governed by the applicable Service Agreement.
Unless expressly transferred in writing, KCS retains ownership of its pre-existing and independently developed:
intellectual property;
tools;
scripts;
libraries;
methodologies;
templates;
processes;
know-how;
generalized techniques; and
reusable components.
Nothing in these Terms transfers ownership of Customer Data to KCS.
18. OPEN-SOURCE AND THIRD-PARTY SOFTWARE
Deliverables or Services may incorporate open-source software, third-party software, APIs, libraries, frameworks, or other components subject to separate licenses.
Those components remain governed by their applicable licenses and terms.
Nothing in these Terms is intended to restrict rights granted under an applicable open-source license.
19. FEEDBACK
If you voluntarily provide ideas, suggestions, recommendations, or other feedback concerning our Services, you authorize KCS to use that feedback without restriction or compensation.
We will not publicly identify you as the source of feedback without permission unless otherwise permitted by law.
20. COMMUNICATIONS AND MARKETING
KCS may send transactional or service-related communications reasonably necessary to provide Services, administer accounts, address security matters, provide invoices, or communicate operational information.
Marketing communications will be sent where permitted by applicable law and subject to legally required consent.
You may unsubscribe from promotional email using the unsubscribe mechanism provided in applicable messages.
Marketing opt-outs do not prevent KCS from sending non-promotional communications relating to Services, security, billing, legal notices, transactions, or existing customer relationships.
21. THIRD-PARTY LINKS
The Website may contain links to independent third-party websites, products, applications, or services.
KCS does not control those parties and is not responsible for their content, privacy practices, security, availability, terms, or business practices.
A link does not necessarily constitute endorsement, sponsorship, or affiliation.
22. AVAILABILITY AND CHANGES
We work to provide reliable Services but do not guarantee that the Website will always be available, uninterrupted, error-free, or free from every vulnerability.
We may modify, maintain, update, replace, suspend, or discontinue portions of the Website.
Maintenance, security events, third-party outages, internet or telecommunications failures, utility failures, force majeure events, or emergency remediation may affect availability.
Specific uptime, response-time, recovery, or availability commitments apply only when expressly included in an SLA or Service Agreement.
23. SUSPENSION
We may reasonably suspend or restrict access when necessary because of:
material violation of these Terms or a Service Agreement;
unlawful, fraudulent, or abusive activity;
a material cybersecurity threat;
misuse threatening KCS, customers, providers, or users;
nonpayment where permitted;
legal or regulatory requirements; or
circumstances expressly permitting suspension under a Service Agreement.
Where circumstances reasonably permit, we will endeavor to provide notice and an opportunity to address the issue.
Immediate suspension may occur when reasonably necessary to prevent material harm, contain a security incident, comply with law, or protect systems, data, providers, customers, or users.
24. TERMINATION AND OFFBOARDING
Termination rights for paid Services are governed primarily by the applicable Service Agreement and applicable law.
Termination or expiration may require transition activities involving Customer Data, credentials, licenses, domains, accounts, cloud resources, backups, documentation, or third-party Services.
The applicable Service Agreement may establish:
transition procedures;
export methods;
retention periods;
professional-service charges;
customer responsibilities; and
offboarding deadlines.
Customers are responsible for reasonably cooperating with transition activities and obtaining Customer Data and other materials made available during the applicable transition period.
Unless a longer period is required by law or agreement, KCS may delete Customer Data remaining solely within KCS-controlled systems after Services and applicable transition or retention periods end.
Third-party providers may impose separate retention, deletion, export, transfer, or account-closure procedures.
KCS will not intentionally withhold customer-owned credentials or Customer Data solely to prevent a customer from moving to another provider, subject to contractual rights, security requirements, law, and reasonable identity and authorization procedures.
25. PROFESSIONAL AND REGULATED ADVICE
KCS provides technology services.
Unless expressly stated in a written agreement and provided by an appropriately qualified professional, KCS does not provide legal, medical, accounting, tax, investment, insurance, or other licensed professional advice.
Technical assistance relating to security, privacy, compliance, or regulatory frameworks does not itself constitute legal advice or guarantee compliance.
26. COMPLIANCE RESPONSIBILITIES
You agree to use the Website and Services in compliance with applicable law.
Unless expressly agreed in writing, KCS does not assume responsibility for determining every legal, regulatory, contractual, privacy, cybersecurity, retention, or industry-specific requirement applicable to your organization.
If your environment is subject to specialized requirements—including HIPAA, PCI DSS, GLBA, government contracting requirements, export controls, data-residency requirements, or similar frameworks—you must inform KCS before relying on Services to satisfy those requirements.
KCS may assist customers with technical controls relevant to compliance, but technology Services alone do not constitute a legal determination, certification, or guarantee of compliance unless expressly stated in writing.
Specific compliance obligations accepted by KCS must be documented in an applicable Service Agreement.
27. EXPORT CONTROLS AND SANCTIONS
You may not use Services in violation of applicable United States export-control, trade-sanctions, or similar laws.
You represent that your use of Services will comply with applicable restrictions concerning prohibited persons, organizations, destinations, and uses.
28. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
KCS DISCLAIMS WARRANTIES CONCERNING THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
KCS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
WARRANTIES, SERVICE COMMITMENTS, AND REMEDIES APPLICABLE TO PAID SERVICES, IF ANY, WILL BE SET FORTH IN THE APPLICABLE SERVICE AGREEMENT.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES, RIGHTS, OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED.
29. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KCS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING FROM OR RELATING TO USE OF THE WEBSITE OR WEBSITE-BASED PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KCS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR A WEBSITE-BASED PRODUCT OR SERVICE WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT PAID DIRECTLY TO KCS FOR THE PARTICULAR WEBSITE-BASED PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100) IF NO SUCH AMOUNT WAS PAID.
LIABILITY LIMITATIONS FOR PROFESSIONAL, MANAGED, HOSTED, CLOUD, CYBERSECURITY, CONSULTING, DEVELOPMENT, AI, OR OTHER PAID SERVICES MAY INSTEAD BE ESTABLISHED BY THE APPLICABLE SERVICE AGREEMENT.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
30. INDEMNIFICATION
To the extent permitted by law, if you use the Website or Services on behalf of a business or organization, that organization agrees to defend, indemnify, and hold harmless KCS and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, losses, and reasonable costs and expenses, including reasonable attorneys’ fees, arising from:
the organization’s unlawful or unauthorized use of the Website or Services;
Customer Data, content, software, instructions, or materials supplied by the organization that violate a third party’s rights;
the organization’s material breach of these Terms or an applicable Service Agreement; or
the organization’s violation of applicable law.
Broader, narrower, or reciprocal indemnification provisions relating to paid Services may be established in an applicable Service Agreement.
This section does not impose obligations upon consumers to the extent prohibited by applicable law.
31. FORCE MAJEURE
KCS will not be liable for delay or failure to perform an obligation, other than payment obligations, to the extent caused by circumstances beyond its reasonable control.
Such circumstances may include natural disasters, severe weather, wildfire, fire, flood, earthquake, war, terrorism, civil disturbance, labor disruption, government action, utility failures, widespread internet or telecommunications failures, major third-party cloud outages, supply-chain disruption, epidemics, pandemics, or comparable events.
Where practical, KCS will make commercially reasonable efforts to mitigate operational effects.
This section does not excuse obligations that applicable law does not permit to be excused.
32. GOVERNING LAW AND VENUE
Except where applicable law requires otherwise, these Terms and disputes arising from them are governed by the laws of the State of Hawaii, without regard to conflict-of-laws principles.
Subject to mandatory consumer rights or venue requirements, judicial proceedings arising solely from these Terms will be brought in a court of competent jurisdiction in the State of Hawaii, and the parties consent to the jurisdiction of those courts.
Nothing in this section eliminates rights that cannot legally be waived.
33. DISPUTE RESOLUTION
Before initiating formal litigation concerning these Terms, you and KCS agree to make a reasonable, good-faith effort to resolve the dispute informally.
The initiating party should provide written notice reasonably describing the dispute and requested resolution.
The parties should allow a reasonable period for informal resolution.
This requirement does not prevent either party from seeking emergency or injunctive relief reasonably necessary to protect systems, Confidential Information, intellectual property, Customer Data, security, or legal rights.
No arbitration obligation is imposed by these general Website Terms.
Any arbitration provision applicable to a paid commercial engagement must be expressly stated in the applicable Service Agreement.
34. PRIVACY AND DATA PROCESSING
Our collection, use, disclosure, retention, and other processing of personal information is governed by the KCS Privacy Policy and applicable law.
Additional privacy, security, or data-processing obligations may apply where KCS processes personal information on behalf of a business customer, including obligations established through a DPA, BAA, or Service Agreement.
35. ELECTRONIC TRANSACTIONS AND SIGNATURES
KCS and a customer may agree to conduct transactions electronically where permitted by applicable law.
Electronic records, click-through acceptance, electronic signatures, electronic-signature platforms, and other legally recognized electronic methods may be used to enter into agreements or provide records.
Where applicable law requires consent before conducting a transaction electronically, the parties’ agreement to do so will be determined in accordance with applicable law and the circumstances of the transaction.
A customer’s use of an electronic payment method alone will not constitute consent to conduct every future transaction electronically where applicable law provides otherwise.
Where required, electronic records will be provided in a form capable of being retained by the recipient.
Nothing in these Terms eliminates a legally protected right to receive or conduct a particular transaction in another form.
36. CHANGES TO THESE TERMS
We may update these Terms to reflect changes in Services, technology, business practices, security practices, or legal requirements.
When updated, we will revise the “Last Updated” date.
Where applicable law or an existing agreement requires advance notice, affirmative consent, or another procedure before a material change becomes effective, KCS will comply with that requirement.
Changes will not retroactively alter rights or obligations under a separate Service Agreement unless that agreement permits the change.
Continued use of the Website after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.
37. SEVERABILITY
If a provision is determined to be invalid, illegal, or unenforceable, it will be enforced to the maximum extent legally permissible or severed where necessary, and the remaining provisions will remain effective.
38. NO WAIVER
Failure by KCS to enforce a provision does not waive our right to enforce that provision or another provision later.
39. ASSIGNMENT
You may not assign or transfer rights or obligations under these Terms without our prior written consent where such consent may lawfully be required.
KCS may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all relevant assets, or comparable transaction, subject to applicable law and contrary provisions of an applicable Service Agreement.
40. RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency relationship between you and KCS.
Neither party has authority to bind the other except as expressly agreed in writing.
41. NO THIRD-PARTY BENEFICIARIES
Except where expressly provided in an applicable Service Agreement, these Terms do not create enforceable rights for any third-party beneficiary.
42. HEADINGS
Section titles and headings are provided for convenience and do not affect interpretation of these Terms.
43. SURVIVAL
Provisions that by their nature should survive expiration or termination will survive, including provisions concerning ownership, confidentiality, Customer Data where applicable, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and other accrued rights and obligations.
44. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These Terms, the Privacy Policy, and applicable Service Agreements constitute the applicable agreement between you and KCS concerning the subjects they address.
For paid engagements, a Service Agreement may supplement, modify, or supersede these Terms as expressly provided.
If contractual documents applicable to a paid engagement conflict, the order of precedence specified in the applicable Service Agreement controls.
If no order of precedence is specified, the more specific mutually accepted written terms addressing the disputed subject matter will control over these general Terms.
45. CONTACT US
Questions regarding these Terms may be directed to:
Kind Cloud Solutions
Kailua-Kona, Hawaii, United States
Email: contact@kindcloudsolutions.com
Privacy: privacy@kindcloudsolutions.com
Website: kindcloudsolutions.com
For billing, cancellation, security, privacy, or Service-specific requests, existing customers should use the contact method identified in their applicable Service Agreement or customer portal when one has been provided.
© 2026 Kind Cloud Solutions LLC. All rights reserved.
