Terms of Service

dxclouditive.com is operated by DX Clouditive LLC, a Florida limited liability company whose address is 7901 4th St N, Ste 300, St Petersburg, FL 33702, United States (“Clouditive”, “we” or “us”). “You” means the person who uses the site and, when you use it on behalf of a company, that company.

These Terms of Service (the “Terms”) govern your access to and use of dxclouditive.com and everything on it, including its pages, articles, estimator, contact form, newsletter sign-up, chat and booking link (together, the “Site”). They do not govern the engineering services we provide to clients, which are governed by a written agreement (Section 2).

By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.

The Site is intended for adults who use it for business purposes. If you use it on behalf of a company, you confirm that you are authorized to bind that company to these Terms.

The Site describes our services, packages and way of working. It is not an offer capable of acceptance, and nothing on it creates a contract, a client relationship or any obligation on us to provide services.

We provide services only under a written agreement signed by you (or your organization) and by DX Clouditive LLC. We normally use a master services agreement (MSA) with a statement of work (SOW) for each engagement, and a data processing agreement is available on request. Those documents set the scope, fees, term, intellectual property, confidentiality, liability and every other commercial term of the engagement.

If a signed agreement conflicts with these Terms, the signed agreement prevails for the engagement it covers. These Terms continue to govern your use of the Site.

A message you send through the Site does not create a duty of confidentiality or a client relationship. Do not send confidential, privileged or sensitive information, credentials or secrets through the contact form, the newsletter or the chat. If you need to share such information, ask us to sign a non-disclosure agreement first; we sign one before a first call if you ask.

Hourly rates and package prices on the Site are stated in US dollars and published so that you can make an informed decision. They are statements of our current pricing, not quotations or offers.

The estimator, and any similar tool on the Site, multiplies hours by a published rate band. Its result is an illustrative estimate based on what you enter. It is not a quote or a proposal, it does not commit us to a price, a scope or a schedule, and it does not predict the effort your project needs.

The price, scope, deliverables and duration of an engagement are fixed only in a signed SOW. Until then we may change published prices, packages and terms at any time and without notice. A change does not affect a SOW that has already been signed.

We work to keep published figures accurate. If a published price or figure contains an obvious error, we may correct it, and we are not bound by the erroneous figure.

Fees, taxes, invoicing and payment terms are set in the agreement for the engagement, not on the Site.

We grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Site for your own lawful business purposes, subject to these Terms.

You agree not to, and not to allow anyone else to:

1. use the Site, its forms or the chat to send spam, unsolicited commercial messages, malware, or material that is unlawful, defamatory, infringing or harassing;
2. try to gain unauthorized access to the Site, to our systems, accounts or data, or probe, scan or test their vulnerability without our written permission;
3. interfere with or disrupt the Site, including by sending traffic that places an unreasonable load on it or by bypassing or tampering with protections such as the human verification on our forms (Cloudflare Turnstile);
4. submit information that is false, that you have no right to submit, or that belongs to another person who has not authorized you to submit it, or impersonate another person;
5. use the Site in violation of applicable law, including export control and sanctions laws; or
6. copy, scrape or republish the content of the Site at scale, or use it to build a competing product, except as the next paragraph or the law allows.

These Terms do not restrict the ordinary indexing of the Site’s public pages by search engines and AI assistants that follow our robots.txt file. They grant no license to copy content beyond that or beyond what the law allows.

If you find a security vulnerability in the Site, please tell us at [email protected]. We ask that you give us reasonable time to fix it before you disclose it, and that you do not access, change or delete data that is not yours.

When you use the contact form, subscribe to the newsletter or use the chat, you confirm that the information you give is accurate and that you are entitled to give it. If you give us the details of another person, you confirm that you have their permission.

We use what you send us to answer you and to provide what you ask for, as the Privacy Policy describes.

We send the newsletter only to addresses that have been confirmed through double opt-in, and every newsletter email contains an unsubscribe link. You can unsubscribe at any time.

The chat lets you write to our team. Your messages are relayed to a member of our team through WhatsApp, and we may reply in the chat or, if you leave an email address, by email. The chat is not an emergency or incident-response channel and is not monitored around the clock. Any response time we state is a target and not a commitment.

The Site and its content, including the text, graphics, design, layout, code, trade names and logos of DX Clouditive LLC, are owned by DX Clouditive LLC or its licensors and are protected by copyright, trademark and other laws. Except as these Terms allow, no right in them is granted to you.

You may view the Site, print or save a copy of a page for your own business use, and quote short extracts with attribution and a link to the page. You may not otherwise copy, modify, distribute or create derivative works from the Site without our written permission.

The names, logos and trademarks of other companies, such as clients, cloud providers, technology vendors and partner programs, belong to their owners. They appear on the Site to identify the work we have done or the technologies we use, with the permission of clients where it is required, and they do not mean that the owner sponsors or endorses us beyond what the Site states.

Work product we create for a client is governed by the client’s agreement with us, not by these Terms.

If you send us feedback, suggestions or ideas about the Site or our services, you grant us a perpetual, worldwide, royalty-free right to use them without any obligation to you. This does not apply to confidential information you share with us under a signed non-disclosure agreement.

The Site links to websites and services that we do not control, including the Microsoft scheduling page used to book a call, social-media share links, client websites and the sources we cite. We provide those links for convenience. We are not responsible for their content, availability or privacy practices, and their own terms govern your use of them.

Case studies, figures and testimonials describe the work and results of particular clients in their own circumstances. They are not a promise, forecast or guarantee that you will obtain the same results.

The articles, guides, comparisons, benchmarks and other content on the Site are general information about engineering and technology. They are not legal, financial, tax, security or other professional advice, and you should not rely on them as such without advice that fits your situation.

We work to keep the Site accurate and current, but we do not guarantee that it is complete, up to date or free of errors. Figures, software versions, vendor prices and regulations change. Check primary sources before you act, especially on decisions that involve money or compliance.

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DX CLOUDITIVE LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS OR HARMFUL COMPONENTS.

Nothing on the Site is a warranty about the services we provide under a signed agreement. Any warranty for those services is only what that agreement says.

Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers above apply to the fullest extent the law permits.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DX CLOUDITIVE LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100).

These limitations apply whatever the legal theory of the claim, whether in contract, tort (including negligence), statute or otherwise. They do not limit liability that cannot be limited under applicable law, such as liability for fraud or willful misconduct, or, where the law so provides, for death or personal injury. They do not apply to our liability under a signed agreement, which that agreement governs.

To the extent the law permits, you will indemnify and hold harmless DX Clouditive LLC and its members, managers, officers, employees and contractors from claims, losses, liabilities and reasonable legal fees that arise from your breach of these Terms or your unlawful use of the Site, including content you submit through it. We will tell you promptly of any such claim and cooperate reasonably, at your expense. This section does not apply to you if you use the Site as a consumer under the mandatory law of your country.

Our Privacy Policy explains what personal data we collect through the Site, why, who receives it, how long we keep it and what rights you have. By using the Site you acknowledge it.

We may change, suspend or discontinue all or part of the Site at any time. We may restrict or end your access, including if we reasonably believe that you have breached these Terms or that your use puts the Site or other people at risk. We are not liable to you for doing so.

You may stop using the Site at any time. The provisions that by their nature should survive will survive, including Section 6, Section 9, Section 10, Section 11, Section 14 and Section 16.

These Terms, and any dispute arising out of or relating to them or to the Site, are governed by the laws of the State of Florida, United States, and by applicable United States federal law, without regard to any conflict-of-laws rule that would apply the law of another place.

Before either of us starts a formal proceeding, we will try to resolve the dispute informally. Write to us at [email protected] describing the dispute, and both of us will try in good faith to resolve it for at least 30 days.

Except as the next paragraph provides, the state courts located in Pinellas County, Florida, and the United States District Court for the Middle District of Florida (Tampa Division) have exclusive jurisdiction over any dispute that is not resolved informally, and you and we consent to the personal jurisdiction and venue of those courts.

If you are a consumer, nothing in these Terms removes the protection of the mandatory provisions of the law of your country of habitual residence, or your right to bring a claim before the courts of that country where that law gives you the right. Nothing in these Terms limits your right to complain to a data protection authority.

We may update these Terms from time to time. The updated Terms take effect when we publish them on this page. The effective date and the version at the top of this page show which text is current.

If a change is material, we will say so on this page before it takes effect where that is reasonably practicable. If you keep using the Site after a change takes effect, you accept the updated Terms; if you do not accept them, stop using the Site. A change does not alter an agreement we have already signed.

These Terms, together with any signed agreement between us and the Privacy Policy, are the entire agreement between you and us about the Site and replace earlier understandings about it.

If a provision of these Terms is held to be unenforceable, it will be enforced to the maximum extent the law permits and the rest of the Terms stays in force. Our failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor to our business.

We publish these Terms in English, Spanish and Portuguese. The English version is the reference text. The other versions help you read the Terms, and if they differ from the English version, the English version prevails to the extent the law allows.

You agree that we may communicate with you electronically, including by posting notices on the Site, and that these communications satisfy any legal requirement that they be in writing.

DX Clouditive LLC, 7901 4th St N, Ste 300, St Petersburg, FL 33702, United States. Email: [email protected]. Please send questions about these Terms, notices and legal requests to that address.