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Terms of Service

Last Updated: October 10, 2025

Welcome to MistSage. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using MistSage's website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

MistSage provides cloud solutions and services, including but not limited to:

• Cloud migration and infrastructure management
• AWS consulting and optimization services
• Security and compliance solutions
• DevOps and automation services
• Free infrastructure assessments for qualified businesses
• 24/7 technical support and monitoring

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features of our services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

5. User Responsibilities

When using our services, you agree to:

• Comply with all applicable laws and regulations
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorized access to our systems
• Not transmit viruses, malware, or other harmful code
• Not engage in any activity that could harm MistSage or its users
• Not use our services to spam, phish, or engage in fraudulent activities
• Not violate the intellectual property rights of others

6. AWS Services

As an AWS Partner Network member, MistSage provides services that may involve Amazon Web Services (AWS). When using AWS-related services through MistSage:

• You acknowledge that AWS terms and conditions may also apply
• MistSage acts as a consulting and management partner, not as AWS itself
• AWS infrastructure availability and performance are subject to AWS's SLAs
• You are responsible for your AWS account and associated costs
• MistSage will assist in optimizing costs but cannot guarantee specific savings

7. Free Infrastructure Assessment

Our free infrastructure assessment service is subject to the following conditions:

• Assessments are provided to qualified businesses at MistSage's discretion
• The assessment is for evaluation purposes and does not obligate you to purchase services
• Information provided during the assessment will be kept confidential
• MistSage reserves the right to refuse assessment requests
• Assessment findings are recommendations and not guarantees of specific outcomes

8. Payment Terms

For paid services, the following payment terms apply:

• Fees are specified in service agreements or quotes
• Payment is due according to the agreed-upon schedule
• All fees are non-refundable unless otherwise specified
• Late payments may incur additional charges
• We reserve the right to suspend services for non-payment
• You are responsible for all taxes related to your use of our services

9. Service Level Agreement (SLA)

We strive to maintain high service availability:

• We target 99.9% uptime for our managed services
• Planned maintenance windows will be communicated in advance
• Emergency maintenance may occur without prior notice
• SLA credits may be available for extended outages as specified in service agreements
• Force majeure events and third-party failures are excluded from SLA calculations

10. Intellectual Property

All content, features, and functionality on our website and in our services are owned by MistSage and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or attempt to extract source code from our services
• Create derivative works based on our services

11. Confidentiality

Both parties agree to:

• Keep confidential information disclosed during service delivery private
• Use confidential information only for the purposes of providing or receiving services
• Implement reasonable security measures to protect confidential information
• Return or destroy confidential information upon request or termination

12. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to our data practices as described in that policy.

13. Limitation of Liability

To the maximum extent permitted by law:

• MistSage is not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid for services in the past 12 months
• We are not responsible for third-party services, including AWS infrastructure issues
• We do not warrant that our services will be uninterrupted or error-free
• You use our services at your own risk

14. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

15. Indemnification

You agree to indemnify, defend, and hold harmless MistSage and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your violation of these Terms
• Your use or misuse of our services
• Your violation of any law or the rights of a third party
• Your content or data processed through our services

16. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, for any reason including:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activities
• At your request

Upon termination, your right to use our services will immediately cease. Sections of these Terms that by their nature should survive termination will survive.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notifications for significant changes

Your continued use of our services after changes constitutes acceptance of the modified Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts located in Sheridan, Wyoming.

19. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and MistSage regarding the use of our services and supersede all prior agreements and understandings.

22. Contact Information

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

MistSage
30 N Gould St Ste N
Sheridan, WY 82801 USA
Email: support@mistsage.com

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