Terms of Service

Effective Date: August 1, 2026

1. Acceptance of Terms

By accessing or using the CLOUD265 platform ("Service"), including any of its modules, applications, or infrastructure services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service.

Your use of the Service is also subject to our Privacy Policy, which governs how we collect, use, and protect your personal information.

2. Description of Service

CLOUD265 provides a unified Digital Business Operating System ("Digital OS") that includes:

• Cloud for Everyone: Core business modules including Contacts, Products, Services, Inventory, Sales, Accounting, Projects, Communications, and Files.
• Cloud for Business: Premium vertical solutions including ERP, CRM, HRM, Retail & POS, School Management, Health & Clinic, Insurance, Legal Practice, and Agribusiness.
• Cloud for Developers: Infrastructure services including Virtual Machines, Containers, Frameworks (Laravel, Node.js, Python, .NET), Databases, CI/CD, Monitoring, and Serverless Functions.
• Professional Services: Website development, mobile applications, custom software, domain registration, web hosting, cloud infrastructure, payment gateways, call center solutions, and business messaging.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to affected users.

3. User Accounts & Responsibility

• You are responsible for maintaining the confidentiality of your login credentials and account information.
• You are fully responsible for all activities that occur under your account, including any actions taken by users you have added to your workspace.
• You agree to notify CLOUD265 immediately of any unauthorized use of your account or any other security breach.
• You must provide accurate and complete registration information and keep it updated.
• You are responsible for all data, content, and files you upload to the platform, including ensuring you have the legal rights to use and share such content.

4. Acceptable Use Policy

You may not use the Service for any unlawful, harmful, or abusive purpose. Specifically, you agree NOT to:

• Use the Service to store, transmit, or distribute illegal content, including but not limited to copyrighted material without proper licensing, child exploitation material, hate speech, or content that promotes violence.
• Attempt to interfere with the Service's servers, networks, or infrastructure, including denial-of-service attacks, hacking, or unauthorized access attempts.
• Use the Service to send unsolicited commercial messages (spam) or engage in phishing or fraudulent activities.
• Reverse engineer, decompile, or disassemble any part of the platform's source code or proprietary algorithms.
• Resell, sublicense, or distribute the Service to third parties without express written permission from CLOUD265.
• Use the Service for any purpose that violates applicable laws or regulations in your jurisdiction.

CLOUD265 reserves the right to suspend or terminate accounts found in violation of this policy immediately without refund or prior notice.

5. Intellectual Property

The CLOUD265 logo, brand identity, platform code, interface design, and underlying technology are the exclusive property of CLOUD265 and its licensors. You may not copy, modify, or reverse engineer any part of the platform without explicit authorization.

User Content: Users retain full ownership and rights to all data, files, content, and information they upload to the platform. By using the Service, you grant CLOUD265 a limited license to access, store, and process this content solely for the purpose of delivering the Service to you.

6. Billing, Payments & Refunds

• Free Tier: The "Cloud for Everyone" starter plan is free forever and includes 1 user, 5 GB storage, and all 9 core modules. No credit card is required to start.
• Monthly Plans: Billed in advance on a recurring monthly basis. You may cancel at any time via your control panel, and cancellation will take effect at the end of your current billing cycle.
• Annual Plans: Billed upfront for 12 months. Annual plans include a 17% discount (2 months free) compared to monthly billing.
• Refunds: We offer a 14-day money-back guarantee for new customers on paid plans. After 14 days, all fees are non-refundable, except in cases where CLOUD265 is unable to deliver the Service as described.
• Local Currency (MWK): While prices are listed in USD for international clarity, we accept Malawi Kwacha (MWK) payments via Airtel Money, TNM Mpamba, PayChangu, and Local Bank Transfers at the prevailing daily exchange rate on the day of invoicing.
• Taxes: You are responsible for any applicable taxes, duties, or levies associated with your use of the Service.

7. Subscription Add-ons & Upgrades

• Adding Users: Pro plan users can add additional team members at $10/user/month. Business plan users receive 3 users included in the base fee, with additional users at $8/user/month.
• Additional Storage: Users can purchase additional storage capacity beyond their plan's included limit at $5 per 10 GB per month.
• Premium Modules: Business and Developer modules are accessible by upgrading to the appropriate plan. Custom enterprise modules are available upon request.
• Professional Services: Website development, custom software, payment gateway integration, call center setup, and other professional services are billed separately based on project scope.

8. Cancellation & Data Retention

• Cancellation: You may cancel your subscription at any time via your account dashboard. Upon cancellation, your access to paid features will continue until the end of your current billing period.
• Data Retention: Upon cancellation, we retain your data for a 30-day grace period during which you can reactivate your account and recover all data. After 30 days, we reserve the right to permanently delete all data associated with your account.
• Data Export: Before or after cancellation, you may export your data via the platform's export tools. Assistance with large-scale data migration may incur additional fees.

9. Service Level & Availability

CLOUD265 strives to maintain 99.9% uptime for the platform. We invest in redundant infrastructure and proactive monitoring to minimize service interruptions.

However, we do not guarantee 100% continuous availability. Scheduled maintenance, emergency patches, and unforeseen circumstances may cause temporary service disruptions. We will provide reasonable advance notice for planned maintenance whenever possible.

CLOUD265 is not responsible for:

• Internet connectivity issues or disruptions on your network or ISP.
• Third-party service outages that affect integrations (e.g., payment gateways, SMS providers).
• Acts of God, natural disasters, or events beyond our reasonable control.

10. Limitation of Liability

To the maximum extent permitted by law, CLOUD265 and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, or business opportunities.
• Loss of data, files, or content stored on the platform.
• Business interruption or downtime resulting from the use or inability to use the Service.
• Third-party claims arising from your use of the Service.

In no event shall CLOUD265's total liability exceed the total amount paid by you to CLOUD265 during the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless CLOUD265 and its officers, directors, employees, and agents from any claims, damages, expenses, or losses arising out of:

• Your use of the Service in violation of these Terms.
• Your infringement of any third-party rights, including intellectual property rights.
• Any content you upload, store, or share through the platform.
• Your violation of any applicable laws or regulations.

12. Data Protection & Privacy

CLOUD265 takes data protection and privacy seriously. We are committed to:

• Data Sovereignty: Your data is stored in secure, enterprise-grade data centers with regional redundancy options.
• Encryption: All data is encrypted both in transit (TLS/SSL) and at rest using industry-standard encryption protocols.
• Access Controls: Strict access controls and authentication mechanisms protect your data from unauthorized access.
• Compliance: We comply with applicable data protection laws and regulations. For enterprise clients, we offer dedicated infrastructure options to ensure full regulatory compliance.

For more details, please review our Privacy Policy.

13. Third-Party Integrations

CLOUD265 may integrate with third-party services and platforms to enhance functionality, including but not limited to:

• Payment gateways (Airtel Money, TNM Mpamba, PayChangu, Flutterwave)
• Communication services (SMS, WhatsApp Business API, email providers)
• Cloud infrastructure providers (AWS, Azure, local data centers)
• Developer tools (GitHub, GitLab, Docker Hub)

Your use of these third-party services is subject to their respective terms and privacy policies. CLOUD265 is not responsible for the functionality, availability, or security of third-party integrations.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Malawi, without regard to its conflict of law provisions. Any legal disputes arising from these Terms or your use of the Service shall be resolved exclusively in the courts of Malawi.

15. Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Service:

• Informal Resolution: We encourage you to contact us directly to resolve any concerns. Most disputes can be resolved informally through communication.
• Mediation: If a dispute cannot be resolved informally, the parties agree to attempt mediation through a neutral third-party mediator before resorting to litigation.
• Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the Arbitration Act of Malawi. Judgment on the arbitration award may be entered in any court having jurisdiction.

16. Changes to Terms

We reserve the right to update or modify these Terms at any time to reflect changes in the Service, legal requirements, or industry best practices.

• Minor Changes: Minor updates (e.g., clarifications, typo corrections) will be posted on this page with an updated "Last updated" date.
• Major Changes: Significant changes will be communicated via email to registered users and through a prominent notice on the platform at least 30 days before the changes take effect.
• Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you disagree with any changes, you may cancel your account within the notice period.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. No Waiver

Failure by CLOUD265 to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Any waiver must be in writing and signed by an authorized representative of CLOUD265.

19. Force Majeure

CLOUD265 shall not be liable for any delay or failure in performance resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, power outages, internet service provider failures, or government actions.

20. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

• Email: sales@cloud265.net
• Phone: +265 999 011 689
• Address: CLOUD265 Digital Business OS, Lilongwe, Malawi