These Terms and Conditions (the “Terms”) are a legal agreement between you (“you,” “Customer,” or “user”) and Kloud 7 LLC (“Kloud 7,” “we,” “us,” or “our”) and govern your access to and use of the Kloud 7 website located at kloud7.com (the “Website”) and the products, communications services, and related services we provide (collectively, the “Services”). By accessing the Website, submitting a form, opting in to our text messaging program, or purchasing or using any of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Website or the Services.

We may change or update these Terms at any time in our sole discretion. Changes become effective when posted on this page with a revised “Last updated” date. Your continued use of the Website or the Services after changes are posted constitutes your acceptance of the revised Terms.

About Kloud 7 and the Services

Kloud 7 LLC provides business communications and technology services, which may include business voice services, SMS and voice solutions, managed network solutions, managed IT services, technical support, and related offerings. The specific features, scope, and pricing of the Services you purchase are described in the applicable order, plan, statement of work, or service description provided to you. We will provide the Services in accordance with the information you supply and the plan you select.

Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms. You are responsible for maintaining the confidentiality of any account credentials, user IDs, account numbers, or passwords, and for all activity that occurs under your account.

Fees, Billing, and Payment

As consideration for the Services, you agree to pay all applicable fees, including any recurring monthly fees, based on the plan and term you select. Unless stated otherwise in your order, fees are billed in advance and are non refundable except as required by law. You are responsible for all taxes associated with the Services other than taxes based on Kloud 7’s net income. If you fail to pay amounts when due, we may suspend or terminate the Services as described in Section 11.

Customer Content and Ownership

“Customer Content” means all content or information, including text, data, logos, marks, images, audio, video, graphics, or software, that you provide to Kloud 7 in connection with the Services. As between you and Kloud 7, you own your Customer Content, excluding any Third Party Materials and Background Technology described below. You grant Kloud 7 a limited, non exclusive license to host, copy, transmit, display, and use Customer Content solely as necessary to provide and support the Services. This license terminates when the Services terminate, except for backups or records retained in the ordinary course or as required by law.

Background Technology and Third Party Materials

“Background Technology” means software, code, formatting, templates, interfaces, configurations, and operating instructions developed by or for Kloud 7 and used to deliver the Services. “Third Party Materials” means content or software owned by parties other than Kloud 7 and made available under their own license terms. Kloud 7 (and its licensors) retain all rights to the Background Technology and Third Party Materials. You may not duplicate, distribute, reverse engineer, decompile, or attempt to derive source code from the Background Technology except to the extent permitted by law. All rights not expressly granted to you are reserved.

Acceptable Use and Content Standards

You agree not to use the Services, and not to provide any Customer Content, that:

1. infringes any third party’s intellectual property, privacy, or publicity rights;
2. violates any applicable law or regulation;
3. is defamatory, harassing, abusive, obscene, or otherwise objectionable;
4. contains viruses, malware, or any code designed to disrupt or damage systems or data;
5. is used to send unlawful, deceptive, or unsolicited communications; or
6. relates to prohibited messaging content, including SHAFT categories (sex, hate, alcohol, firearms, tobacco), cannabis, illegal drugs, or other content prohibited by carriers or law.

We reserve the right to refuse, suspend, or remove any content or use we deem inappropriate or non compliant, and to cooperate with carriers and lawful authorities as required.

SMS / Text Messaging Program Terms

Summary: By opting in, you agree to receive recurring text messages from Kloud 7 LLC. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Consent is not a condition of purchase.

Program description

When you provide your mobile number and check the SMS opt in box on our forms, you expressly consent to receive text messages from Kloud 7 LLC. These may include account notifications, service and support updates, reminders, and, where you have opted in to marketing, promotions, offers, and company updates. Your opt in to receive text messages is separate from any consent for email or phone calls.

Message frequency and charges

Message frequency varies depending on your interactions with us and the programs you join. Message and data rates may apply according to your mobile carrier’s plan. Kloud 7 does not charge for the messages themselves.

How to opt out (STOP)

You can cancel text messages at any time by replying STOP to any message you receive from us. After you reply STOP, we will send a one time confirmation and then stop sending messages. To resume, opt in again through our form or by contacting us.

How to get help (HELP)

Reply HELP to any message, email us at hello@kloud7.com, or call (844) 855-6837 for assistance.

Carriers and delivery

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your network operator and is not guaranteed. Supported carriers may change without notice.

Consent and privacy

Consent to receive marketing text messages is not a condition of purchasing any goods or services. You represent that you are the account holder or have authorization to opt in the mobile number you provide. Your mobile opt in information and consent will not be shared with third parties or affiliates for marketing or promotional purposes. Mobile information may be shared only with vendors that help us operate the messaging program (for example, our messaging platform and telecommunications providers), solely to deliver the Services, and never for their own marketing. For details on how we handle your information, see our Privacy Policy.

Third Party Services and Links

The Services may integrate with or link to third party products, websites, or services. Your use of those third party offerings is governed by their own terms and privacy policies. Kloud 7 is not responsible for the content, practices, or availability of third party services.

Support

Kloud 7 will provide reasonable technical support during our normal support hours by email, and by telephone where your plan includes telephone support. Support scope and response targets, if any, are described in your plan or applicable service description.

Intellectual Property

The Website and the Services, including all text, graphics, logos, trademarks, and software (excluding Customer Content), are owned by Kloud 7 or its licensors and are protected by intellectual property laws. You may not use Kloud 7’s names, logos, or marks without our prior written permission.

Term and Termination

These Terms remain in effect while you use the Website or the Services. Kloud 7 may suspend or terminate your access or the Services, with or without notice, if you materially breach these Terms (including non payment) and, where the breach is curable, fail to cure it within five (5) days of notice. Upon termination, you will pay all amounts due for Services provided before termination. Sections 4, 5, 6, 10, 12, 13, 14, and 15 survive termination.

Warranty Disclaimer

Except as expressly stated in a written agreement, the Website and the Services are provided “as is” and “as available,” and Kloud 7 disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of title, non infringement, merchantability, and fitness for a particular purpose. Kloud 7 does not warrant that the Services will be uninterrupted, timely, secure, or error free, and is not liable for any delay, outage, or interruption of the Services.

Limitation of Liability

To the maximum extent permitted by law, Kloud 7’s total liability arising out of or relating to these Terms or the Services will not exceed the amount paid by you to Kloud 7 during the one (1) month period before the event giving rise to the claim. Kloud 7 will not be liable for any loss of use, loss of data, or interruption of business, or for any indirect, special, incidental, consequential, or punitive damages of any kind (including lost profits), regardless of the theory of liability and even if advised of the possibility of such damages. You acknowledge that these limitations are an essential element of the agreement between you and Kloud 7.

Indemnification

You agree to defend, indemnify, and hold harmless Kloud 7 and its officers, employees, and agents from any third party claim, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your Customer Content, your use of the Services, your messaging campaigns, or your breach of these Terms or applicable law. Kloud 7 will provide you with prompt written notice of any such claim and reasonable cooperation, and you will control the defense and settlement (without settling in a way that imposes obligations on Kloud 7 without its consent).

Governing Law and Disputes

These Terms are governed by the laws of the State of Alabama, without regard to its conflict of laws rules. You agree that the state and federal courts located in Mobile County, Alabama will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction and venue in those courts, except where prohibited by applicable law.

Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with any order or service description, are the entire agreement between you and Kloud 7 regarding the Services.

Contact Us

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

Kloud 7 LLC
578 Azalea Rd, Ste 121
Mobile, AL 36609, United States
Phone: (844) 855-6837
Email: hello@kloud7.com