OneMind Cloud Terms of Service

These Cloud Terms of Service ("Terms") form a binding agreement ("Agreement") between OneMind Services, Inc. ("OneMind Services," "we," or "us") and the customer ordering cloud services ("Customer," "you," or "your"). By using OneMind Services, you accept and agree to these Terms.

Your use of our services is governed by this Agreement, which includes: your Order, these Terms, our Acceptable Use Policy (AUP), Service Level Agreement (SLA), and Privacy Policy. If you agree on behalf of an organization, you confirm you have authority to bind that entity.

This Agreement supersedes all prior agreements or understandings, written or oral.

Defined Terms :
- AUP : OneMind Services' Acceptable Use Policy, as updated on our website.
- Business Day : 8:00 a.m. to 5:00 p.m. ET, Monday–Friday, excluding U.S. federal holidays.
- Confidential Information : Non-public info marked confidential or reasonably understood to be confidential, excluding data developed independently or disclosed by law.
- Order : Your service request, submitted via our website or signed form.
- Privacy Policy : Our published privacy practices.
- SLA : The Service Level Agreement on our site.
- Services : Cloud services detailed in your Order.
OneMind Services' Responsibilities : We will provide the Services as described in your Order, subject to credit approval and compliance with this Agreement.
Customer Responsibilities : You must:
- Comply with laws and the AUP.
- Pay all fees.
- Use reasonable security practices.
- Cooperate in any investigation.
- Keep account info updated.
- Notify us of unauthorized access or security breaches.
Access to Services : You can access services via the OneMind Services control panel or API. We may update the interface or API at any time.
Service Level Agreement : The SLA outlines uptime and credit commitments. Credits are your exclusive remedy for SLA failures. Services are otherwise provided "as is" as per Section 14.
Term and Renewal : The initial term starts when we make Services available and lasts for the term in your Order (default: one month). Services auto-renew for equal terms unless either party provides written notice before renewal.
Fees : We charge as stated in your Order:
- Recurring fees : in advance.
- Non-recurring fees : as incurred. Overdue payments may incur interest (1.5% monthly or legal max). Disputes must be raised within 60 days. Taxes are your responsibility.
Fee Changes : For monthly plans, we may change fees with 30 days' notice. Longer-term contracts are subject to changes at renewal.
Suspension : We may suspend Services for:
- Suspected violations.
- Fraud history.
- Security concerns.
- Overdue payment.
- Legal requirements. Reasonable notice will be given when possible. Fees may still apply during suspension.
Credit Authorization : You authorize us to verify your credit and charge the payment method. We may request further verification documents.
Termination for Breach : Either party may terminate for material breach with notice and cure period.
- Immediate termination for false information, credit issues, policy violations, or unpaid invoices.
- Termination by Customer if we fail to meet obligations.
Data Access & Security : During suspension or after termination, you may lose data access. You are responsible for backups and securing your content.
Unauthorized Access : We are not liable for unauthorized access unless due to our breach of stated obligations. You are responsible for proper access control.
Warranties & Liability : We provide Services "as is" and disclaim warranties. Our liability is limited to fees paid in the 3 months prior to the claim. We are not liable for indirect or consequential damages.
Indemnification : You agree to defend and indemnify OneMind Services against third-party claims related to your misuse, violations, or resale of Services.
Export Compliance : You may not use Services in violation of U.S. export laws or provide access to restricted countries or individuals.
Confidentiality : Neither party may disclose the other’s confidential information except to agents bound by similar obligations, or if legally required.
Third-Party Software : Your use of third-party tools is governed by their terms.
Resale & Third Parties : You may resell Services, but you’re responsible for third-party usage. We do not provide support to your users.
Notices : Send notices to OneMind Services' legal address on our website. Notices to you will be sent to your designated contact email.
No High-Risk Use : You may not use the Services for critical systems where failure could cause harm (e.g., medical, transport, nuclear).
IP Ownership : Each party retains its IP. Any IP we develop remains our property.
IP Address Use : You must stop using our assigned IP addresses upon termination.
Assignment : You may not assign this Agreement without our written consent. We may assign or subcontract freely.
Force Majeure : Neither party is liable for events beyond reasonable control.
Entire Agreement : This is the full agreement and overrides previous agreements.
Severability : If any term is invalid, the rest remain effective.
Survival : Terms that by nature should survive termination will do so.
Changes : We may update these Terms, the SLA, AUP, or Privacy Policy. Continued use indicates acceptance.
Not Legal Advice : Our blog and resources are for informational purposes only and are not legal advice. Consult legal or compliance professionals for guidance.