Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you or the entity you represent ("Customer," "you," or "your") and FixMyCloud ("we," "us," or "our"), a company incorporated and operating in the United Arab Emirates with operational presence in India, governing your access to and use of the FixMyCloud platform, APIs, documentation, and related services (collectively, the "Services").

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. If you do not have such authority, you must not accept these Terms or use the Services.

By clicking "I agree," creating an account, or using the Services, you accept these Terms. If you do not agree, do not use the Services.

2. Definitions

• "Account" means the account you create to access the Services.
• "Authorized Users" means your employees, contractors, and agents permitted to use the Services under your Account.
• "Connection" means a single piece of infrastructure integrated with the Services (e.g., one AWS account, one Kubernetes cluster, one Linux server, one Docker host).
• "Customer Data" means all data, information, and content submitted to or processed by the Services in connection with your Account, including infrastructure configuration data and scan results.
• "Documentation" means the technical and user documentation provided by FixMyCloud at docs.fixmycloud.ai.
• "Order Form" means any written or electronic ordering document for Services, including online sign-up flows, referencing these Terms.
• "Scan" means an automated security assessment of connected infrastructure performed by the Services.
• "Subscription" means your subscription to the Services for a defined term as specified in your Order Form or the plan selected at sign-up.

3. Services

3.1 Access and Scope

Subject to these Terms and payment of applicable fees, FixMyCloud grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription term solely for your internal business purposes.

3.2 Availability

FixMyCloud will use commercially reasonable efforts to make the Services available 99.5% of the time in any given calendar month, excluding scheduled maintenance, emergency maintenance, force majeure events, and outages caused by Customer or third-party services. Enterprise plan customers receive SLA commitments as specified in their Order Form.

3.3 Modifications

FixMyCloud may modify the Services at any time. We will provide reasonable notice of material changes that adversely affect your use. Continued use after notice constitutes acceptance.

3.4 Scanning Permissions

By connecting infrastructure to the Services, you grant FixMyCloud permission to perform read-only API calls against that infrastructure to identify security misconfigurations. Remediation actions are applied only upon your explicit per-finding approval. You are responsible for ensuring that connecting your infrastructure complies with your cloud provider agreements, internal policies, and applicable law.

3.5 Beta Features

We may offer Beta features that are pre-release or experimental. Beta features are provided "as is" without warranty and may be discontinued at any time without notice.

4. Account Registration and Security

You must provide accurate, current, and complete information when creating an Account. You are responsible for: (a) safeguarding your Account credentials; (b) all activity under your Account; (c) promptly notifying us at security@fixmycloud.ai if you suspect unauthorized access; and (d) ensuring Authorized Users comply with these Terms. Credentials must not be shared between individuals.

5. Fees, Billing, and Payment

5.1 Fees

Fees for paid Subscriptions are as stated at fixmycloud.ai/pricing or in your Order Form. All fees are in United States Dollars and exclusive of taxes unless stated otherwise.

5.2 Billing

Monthly Subscriptions are billed on the same calendar day each month as the initial purchase. Annual Subscriptions are billed annually in advance. Fees are non-refundable except as stated in Section 5.5.

5.3 Payment

You must provide a valid payment method. By providing payment information, you authorise FixMyCloud and its payment processor (Stripe) to charge applicable fees when due. If payment fails, we may suspend the Services after reasonable notice.

5.4 Plan Changes

Upgrades take effect immediately with fees prorated for the remainder of the billing period. Downgrades take effect at the end of the current billing period.

5.5 Money-Back Guarantee

Paid plan customers may request a full refund within 14 days of their first payment. After 14 days, all fees are non-refundable. This applies once per customer and is not available for renewals or upgrades.

5.6 Taxes

You are responsible for all applicable taxes, levies, or duties (excluding taxes on FixMyCloud's net income). Where applicable, VAT or GST may be added to invoices based on your location.

6. Acceptable Use

You agree not to use the Services to:

• Scan or access infrastructure you do not own or have explicit written authorisation to scan;
• Violate any applicable law, regulation, or third-party rights;
• Reverse engineer, decompile, or disassemble any part of the Services;
• Access the Services through automated means except via the official API with a valid API key;
• Develop a competing product or benchmark the Services for publication without prior written consent;
• Introduce malicious code, viruses, or other harmful material;
• Circumvent any rate limits, access controls, or security measures;
• Resell or sublicense the Services without a formal reseller agreement;
• Use the Services in any way that could damage, overload, or impair the Services or interfere with other customers.

7. Customer Data and Privacy

7.1 Ownership

You retain all right, title, and interest in and to Customer Data. FixMyCloud does not own Customer Data and will not sell it.

7.2 Licence to Process

You grant FixMyCloud a limited licence to collect, process, and use Customer Data solely to provide and improve the Services and as described in our Privacy Policy. We do not use Customer Data to train externally shared AI models without explicit consent.

7.3 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy at fixmycloud.ai/legal/privacy, incorporated by reference.

7.4 Aggregated Data

FixMyCloud may use aggregated, anonymised data derived from your use of the Services for product improvement and industry reporting, provided such data cannot identify you or your infrastructure.

7.5 Data Deletion

Upon termination, FixMyCloud retains Customer Data for 30 days, during which you may export. After 30 days, Customer Data is deleted per our retention schedule, subject to legal holds.

8. Intellectual Property

FixMyCloud and its licensors own all right, title, and interest in the Services, including all intellectual property rights. Nothing in these Terms transfers ownership rights to you. If you provide Feedback (suggestions, ideas) about the Services, you grant FixMyCloud a royalty-free, worldwide, perpetual licence to use that Feedback without obligation to you.

9. Confidentiality

Each party agrees to hold the other's Confidential Information in strict confidence, not disclose it to third parties without prior written consent, and use it only to fulfil obligations under these Terms. Confidentiality obligations do not apply to information that is publicly known, already known to the Receiving Party, independently developed, or required to be disclosed by law.

10. Warranties and Disclaimers

FixMyCloud warrants that the Services will materially conform to their Documentation and that reasonable security measures will be implemented to protect Customer Data.

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIXMYCLOUD DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCAN RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE SECURITY CERTIFICATION OR A GUARANTEE THAT YOUR INFRASTRUCTURE IS FREE FROM ALL SECURITY ISSUES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIXMYCLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA. FIXMYCLOUD'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

12. Term and Termination

These Terms commence when you first access the Services. You may cancel at any time via account settings; cancellation takes effect at the end of the current billing period. Either party may terminate immediately for material breach uncured within 30 days of written notice. Upon termination, all licences cease, outstanding fees become due, and Sections 7.1, 8, 9, 10, 11, and 14 survive.

13. Enterprise and Data Processing

Enterprise customers with signed Order Forms may be subject to additional terms including data processing agreements (DPAs) and SLAs as specified therein. For customers processing personal data of EU/EEA or UK residents, our DPA — available at fixmycloud.ai/legal/dpa — governs such processing and includes Standard Contractual Clauses (SCCs) for international transfers. Contact legal@fixmycloud.ai for a signed DPA.

14. General Provisions

14.1 Governing Law

These Terms are governed by the federal laws of the United Arab Emirates and the applicable laws of the Emirate of Dubai. Any dispute shall first be subject to good-faith negotiation for 30 days, after which either party may refer the dispute to the courts of the Dubai International Financial Centre (DIFC) or to arbitration at the Dubai International Arbitration Centre (DIAC) at FixMyCloud's election. Either party may seek injunctive relief in any competent court.

14.2 Force Majeure

FixMyCloud is not liable for any failure or delay resulting from events beyond its reasonable control, including natural disasters, government actions, internet disruptions, or third-party infrastructure failures.

14.3 Assignment

You may not assign these Terms without FixMyCloud's prior written consent. FixMyCloud may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you.

14.4 Entire Agreement

These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties regarding the Services. If any provision is unenforceable, it will be modified to the minimum extent necessary; all other provisions remain in effect.

14.5 Updates

FixMyCloud may update these Terms with at least 30 days' notice via email or in-product notification. Continued use after the effective date constitutes acceptance. You may terminate before the effective date if you object.

15. Contact