Terms of Service
1. Website Use and Acceptance of Terms
By accessing or using this website, portal, forms, assessments, or related materials, you acknowledge and agree to be bound by these Terms of Service, all related policies, pricing disclosures, privacy policies, shared responsibility policies, and other posted conditions governing use of the site and services. If you do not agree, you should not use this site.
2. Definition of Linked Account
A “Linked Account” means each active AWS account associated under the client’s AWS Control Tower environment and governed, connected, monitored, assessed, or otherwise included under the primary active cloud service account. Linked Accounts include, without limitation, production, development, testing, security, logging, backup, shared services, sandbox, and other active accounts enrolled or operating under AWS Control Tower. Each active Linked Account counts toward applicable plan limits and may be subject to overage charges.
3. Subscription Scope and Client Responsibilities
NEXORIA provides managed advisory, monitoring, reporting, and recommendation services based on the applicable subscription plan. Client retains responsibility for AWS account ownership, production approvals, operational decisions, regulatory obligations, and all third-party provider charges.
4. Third-Party Cloud Provider Charges
Subscription fees do not include AWS or other third-party cloud provider charges. Client remains solely responsible for all AWS usage, consumption, storage, logging, monitoring, backup, API, data transfer, and other provider charges. This includes all data fees from AWS.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXORIA CLOUD SOLUTIONS LLC’S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE FEES PAID BY CLIENT TO NEXORIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR SUCH LOWER AMOUNT AS MAY BE STATED IN AN APPLICABLE ORDER FORM.
6. Exclusion of Consequential Damages
IN NO EVENT SHALL NEXORIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, RESTORATION COSTS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Data Loss, Security Events, and Recovery Disclaimer
NEXORIA DOES NOT GUARANTEE PREVENTION OF DATA LOSS, SECURITY INCIDENTS, RANSOMWARE EVENTS, OUTAGES, CORRUPTION, UNAUTHORIZED ACCESS, REGULATORY FINDINGS, OR UNSUCCESSFUL RECOVERY OUTCOMES. Client remains responsible for validating backups, testing recovery procedures, approving remediation actions, maintaining insurance, and making final operational decisions.
8. No Guarantee of Compliance or Security Outcomes
Services are advisory and operational support services. NEXORIA does not provide legal advice and does not guarantee regulatory compliance, audit results, certification outcomes, continuous availability, or complete elimination of security findings.
9. Indemnification
Client agrees to defend, indemnify, and hold harmless NEXORIA CLOUD SOLUTIONS LLC from claims, losses, damages, liabilities, and expenses arising out of client data, client systems, client instructions, third-party provider usage, unlawful content, regulatory violations, or misuse of the services.
10. Force Majeure
NEXORIA shall not be liable for delay or failure caused by events beyond its reasonable control, including AWS or third-party outages, internet failures, cyberattacks, utility failures, natural disasters, acts of government, labor events, or other force majeure events.
11. Claims Limitation and Dispute Resolution
ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES MUST BE BROUGHT WITHIN THE CONTRACTUAL CLAIMS PERIOD STATED IN THE APPLICABLE AGREEMENT, SUBJECT TO APPLICABLE LAW. The parties agree to attempt good-faith resolution before litigation.
12. Intellectual Property Rights
All content, branding, software, reports, scorecards, methodologies, text, graphics, workflows, processes, templates, designs, and related materials made available through this website or services are the proprietary intellectual property of NEXORIA CLOUD SOLUTIONS LLC or its licensors and may not be copied, reproduced, modified, distributed, reverse engineered, republished, or exploited without prior written consent, except as expressly permitted by law.
13. Reservation of Rights / Right to Restrict or Remove Access
NEXORIA reserves the right, in its sole discretion, to suspend, restrict, deny, or terminate access to the website, portals, services, submissions, or accounts for misuse, security concerns, suspected unlawful conduct, abusive behavior, policy violations, non-payment, or other conduct deemed harmful to the site, services, users, or company interests.
14. Acceptable Use Restrictions
You agree not to misuse the site, interfere with operation of the site, attempt unauthorized access, introduce malicious code, use the site for unlawful purposes, scrape protected content, or infringe intellectual property rights.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Oklahoma. Venue for disputes shall be in the appropriate state or federal courts located in Oklahoma, unless otherwise agreed in writing.
Contact: support@nexoriacs.com
NEXORIA CLOUD SOLUTIONS LLC · 6666 Sheridan Rd, Tulsa, OK 74133