TERMS OF SERVICE
GRID365, Inc.
Effective Date: January 1, 2026
1. AGREEMENT & ACCEPTANCE
This Terms of Service Agreement (“Agreement”) is a binding contract between Grid365, Inc., a Texas corporation (“Grid365,” “we,” “us,” “our,” or “Company”), and you or the entity you represent (“Customer,” “you,” or “your”). This Agreement governs your access to and use of Grid365’s managed hosting services, infrastructure, platforms, and related services (collectively, the “Service Offerings”).
This Agreement becomes effective when you: (a) click “I Accept” or check a box presented with these terms; (b) use any Service Offerings; or (c) execute a separate statement of work or order form that references this Agreement (the “Effective Date”). By accessing or using the Service Offerings, you represent that you are of legal age and have authority to bind yourself or your organization to this Agreement. If you do not agree to these terms, do not use the Service Offerings.
2. DEFINITIONS
“Service Offerings” means the managed hosting services, platforms, infrastructure, tools, and support provided by Grid365, whether standard plans, custom configurations, or enterprise solutions.
“Your Content” means all data, files, websites, applications, configurations, metadata, and information you upload, store, transmit, or otherwise process through the Service Offerings.
“Confidential Information” means non-public technical, business, or operational information disclosed by one party to the other.
“End User” means any individual or entity to whom you provide access to the Service Offerings or Your Content.
“Force Majeure Event” means any event beyond the reasonable control of a party, including acts of God, war, terrorism, pandemics, natural disasters, utility failures, and government actions.
3. USE OF SERVICE OFFERINGS
3.1 License Grant
Grid365 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service Offerings solely for your business purposes and in accordance with this Agreement. You may not sublicense, resell, or transfer this license to any third party without prior written consent.
3.2 Restrictions on Use
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Engage in unauthorized access, hacking, or attempts to compromise security
- Deploy malware, viruses, or malicious code
- Conduct phishing, spam, or fraudulent activities
- Harass, threaten, defame, or abuse individuals or organizations
- Exceed reasonable usage limits or degrade service for other customers
- Scrape, crawl, or extract data without authorization
- Reverse engineer, decompile, or attempt to derive source code or proprietary methods
- Use automated tools to test security vulnerabilities
- Resell Service Offerings or provide them as a service to third parties without authorization
3.3 Account Responsibility
You are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities under your account, whether by you, your employees, contractors, or End Users; (c) immediately notifying Grid365 of any unauthorized access or breach; and (d) managing End User access and compliance with this Agreement.
3.4 Fair Use & Acceptable Use Policy
Grid365 Service Offerings are provided as managed services. Most plans include a fair use allowance of up to 10 hours per month for managed code changes, customization, and updates performed by Grid365. Routine maintenance, small feature requests, and customization tasks under 1-2 hours are included within this monthly allowance. Usage is cumulative: whether consisting of one large project or multiple smaller tasks, all time applies toward the monthly fair use limit. Exceeding the fair use allowance will result in charges at Grid365’s standard service rates.
Grid365 reserves the right to monitor usage patterns and to take appropriate action if fair use is abused or violated. Fair use violations include, but are not limited to: (a) attempting to circumvent or abuse the fair use allowance; (b) bulk or high-volume task stacking designed to avoid usage limits; (c) using Grid365 services for resale, commercial service provision, or third-party commercial purposes without authorization; or (d) usage patterns that create disproportionate costs or degrade service for other customers. If fair use is violated, Grid365 may: (i) request billing adjustments; (ii) restrict or suspend service; (iii) charge applicable fees for excessive usage; or (iv) terminate the Agreement. Grid365 will provide notice before taking restrictive action and will attempt to reach agreement on reasonable usage patterns.
4. YOUR CONTENT & DATA
4.1 Ownership
You retain all ownership rights to Your Content. Grid365 does not claim ownership of Your Content and will not use it except as necessary to provide the Service Offerings and comply with the law.
4.2 License to Grid365
By uploading Your Content, you grant Grid365 a worldwide, non-exclusive, royalty-free license to: (a) store and host Your Content; (b) create necessary backups; (c) process Your Content as required by the Service Offerings; (d) display Your Content as part of providing the services; and (e) comply with legal obligations. This license ends when you delete Your Content or terminate this Agreement.
4.3 Data Accuracy & Responsibility
You are solely responsible for: (a) the accuracy, completeness, and legality of Your Content; (b) compliance with all applicable laws regarding Your Content, including tax calculations, pricing, disclosures, and regulations; (c) obtaining all necessary consents and licenses; and (d) ensuring Your Content does not infringe third-party rights. Grid365 is not responsible for damages, losses, or liabilities arising from inaccurate or unlawful content.
4.4 Data Backup & Recovery
Although Grid365 may offer backup services, you are solely responsible for maintaining your own complete backups of Your Content. Grid365 is not obligated to retain, restore, or recover deleted data. Loss of Your Content due to deletion, corruption, or system failure is your responsibility.
4.5 Data Processing
You consent to Grid365 processing Your Content in the United States and storing it on Grid365 infrastructure. You acknowledge that Your Content may be replicated across multiple servers for redundancy and security. Grid365 will not move Your Content to other geographic locations without notice, except in cases of service disruption, legal requirements, or emergency circumstances.
5. SERVICE MODIFICATIONS & AVAILABILITY
5.1 Right to Modify
Grid365 reserves the right to modify, update, enhance, deprecate, or discontinue any part of the Service Offerings at any time, in its sole discretion. Material changes will result in advance notice via email or posting on Grid365.com. Non-material updates may be deployed without advance notice.
5.2 Service Level Commitments
Grid365 aims to maintain service availability as described in published Service Level Agreements (SLAs). However, Grid365 does not guarantee uninterrupted service and is not liable for any downtime, regardless of cause, except as explicitly stated in a separate SLA agreement you have executed.
5.3 Scheduled Maintenance
Grid365 may perform maintenance, updates, and improvements that may result in temporary service interruptions. Grid365 will use commercially reasonable efforts to: (a) schedule maintenance during low-traffic periods; (b) provide advance notice where feasible; and (c) minimize service disruption. Emergency maintenance required for security, compliance, or critical issues may be performed without notice.
5.4 Outages & Downtime
You acknowledge that outages may occur due to:
- Planned maintenance and updates
- Infrastructure failures, system errors, or software bugs
- Third-party service failures (hosting providers, CDNs, DNS providers)
- Network issues, power outages, or connectivity problems
- Force Majeure Events beyond Grid365’s reasonable control
- DDoS attacks or other security incidents
- Capacity constraints or resource limitations
Grid365 is not liable for any loss, damage, or claims arising from outages or downtime. Your sole remedy for service unavailability is service credits as specified in your SLA agreement, if any.
6. SECURITY & DATA PROTECTION
6.1 Grid365 Security Measures
Grid365 implements industry-standard security practices, including encryption in transit, access controls, firewalls, monitoring, and regular security assessments. However, Grid365 does not guarantee absolute security and is not liable for unauthorized access, data breaches, or security incidents.
6.2 Customer Security Responsibilities
You are responsible for: (a) implementing strong passwords and access controls; (b) enabling two-factor authentication where available; (c) securing your API keys and credentials; (d) regularly updating software and applications; (e) removing unused accounts and access privileges; (f) monitoring account activity for suspicious behavior; and (g) complying with all security best practices.
6.3 No Guarantee of Security
You acknowledge that no system is completely secure. Grid365 does not warrant that the Service Offerings are free from viruses, malware, or other harmful components. Your use of the Service Offerings is at your own risk. You are solely responsible for implementing appropriate security measures to protect Your Content.
7. FEES, BILLING & PAYMENTS
7.1 Pricing
Fees for Service Offerings are as displayed on Grid365.com at the time of purchase or as specified in a separate written agreement. Prices may change at any time, with notice to you. Changes will apply to renewals and new billing cycles.
7.2 Billing Cycle
You authorize Grid365 to charge your designated payment method on a monthly, annual, or custom billing cycle as specified. If payment fails, Grid365 may suspend your account after providing reasonable notice.
7.3 Taxes
You are responsible for all applicable sales taxes, use taxes, VAT, GST, and other taxes related to your use of the Service Offerings. Grid365 will collect and remit taxes as required by law. If you are tax-exempt, you must provide valid tax exemption documentation.
7.4 Refunds
Unless otherwise specified in writing, all fees are non-refundable. Requests for refunds must be submitted within 30 days of payment. Grid365 may grant refunds in its sole discretion for billing errors or service failures.
7.5 Overages & Additional Charges
If you exceed plan limits or incur additional charges for extra resources, data transfer, or add-ons, you will be billed separately. Grid365 will notify you of material overages before charging.
8. TERM & TERMINATION
8.1 Term
This Agreement commences on the Effective Date and continues for the duration of your subscription period unless terminated earlier.
8.2 Termination by Customer
You may terminate this Agreement at any time by providing written notice to Grid365 and requesting account deletion. Termination is effective at the end of your current billing cycle unless you request immediate termination.
8.3 Termination by Grid365
Grid365 may suspend or terminate your account for: (a) violation of this Agreement; (b) non-payment of fees; (c) illegal or fraudulent activity; (d) abuse of the Service Offerings; (e) excessive resource usage impacting other customers; or (f) any reason with 30 days written notice. In cases of severe violation or security risk, Grid365 may terminate immediately without notice.
8.4 Effect of Termination
Upon termination: (a) your right to use the Service Offerings ceases immediately; (b) Grid365 will cease providing services; (c) you must pay any outstanding fees; (d) Grid365 may delete Your Content within 30 days unless otherwise agreed; and (e) you are not entitled to refunds. You remain liable for any breaches or violations occurring before termination.
8.5 Data Access After Termination
Grid365 will make Your Content available for download for 30 days after termination. After 30 days, Grid365 may delete all Your Content without further notice. You are solely responsible for backing up Your Content before termination.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Grid365 IP
Grid365 retains all intellectual property rights to the Service Offerings, including software, platforms, infrastructure, tools, documentation, and any improvements or modifications Grid365 makes. You are not granted ownership of any Grid365 IP.
9.2 License Restrictions
You may not: (a) copy, modify, or create derivative works of the Service Offerings; (b) reverse engineer, decompile, or disassemble any part of the Service Offerings; (c) remove or alter any proprietary notices or labels; (d) use Grid365 trademarks, logos, or branding without written permission; or (e) frame, mirror, or embed Service Offerings on third-party websites without authorization.
9.3 Feedback
Any feedback, suggestions, or feature requests you provide to Grid365 may be used by Grid365 without obligation or compensation to you.
10. WARRANTIES & DISCLAIMERS
10.1 As-Is Service
THE SERVICE OFFERINGS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GRID365 DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 No Guarantees
Grid365 does not warrant that: (a) the Service Offerings will be uninterrupted, error-free, or secure; (b) defects or bugs will be corrected; (c) the Service Offerings will meet your requirements; (d) the Service Offerings are compatible with all devices or platforms; or (e) any content or data is accurate, complete, or reliable.
10.3 Third-Party Content & Services
Grid365 is not responsible for third-party websites, services, or content hosted or linked through the Service Offerings. Your access to third-party sites is governed by their terms, not this Agreement.
10.4 No Professional Advice
The Service Offerings do not constitute legal, tax, financial, or professional advice. You are responsible for obtaining appropriate professional guidance for your specific circumstances.
11. LIMITATION OF LIABILITY
11.1 No Consequential Damages
EXCEPT AS REQUIRED BY LAW, GRID365 IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Liability Cap
GRID365’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICE OFFERINGS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100. THIS CAP APPLIES TO ALL CLAIMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
11.3 Exclusions from Liability
Grid365 is not liable for: (a) downtime, outages, or service interruptions; (b) data loss, corruption, or unauthorized access; (c) third-party actions or content; (d) your use of the Service Offerings in violation of this Agreement; (e) Force Majeure Events; or (f) cumulative harm from multiple incidents.
11.4 Essential Terms
You acknowledge that the liability limitations in this Section are essential terms of this Agreement and that Grid365 would not provide the Service Offerings without these limitations.
12. INDEMNIFICATION
You will defend, indemnify, and hold harmless Grid365, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service Offerings; (b) Your Content; (c) your violation of this Agreement or applicable law; (d) your infringement or misappropriation of third-party intellectual property rights; (e) disputes with End Users; or (f) any illegal or fraudulent activity on your account. Grid365 will notify you of any such claim, and you will assume the defense at your expense.
13. CONFIDENTIALITY
Each party will maintain the confidentiality of the other party’s Confidential Information and use it only as necessary to perform this Agreement. Confidential Information will not be disclosed to third parties or used for competitive purposes. You may not issue press releases or public statements about this Agreement or your use of the Service Offerings without Grid365’s prior written consent. These confidentiality obligations survive termination for 5 years.
14. END USERS & THIRD PARTIES
14.1 Your Responsibility
You are responsible for all End Users’ use of the Service Offerings and Your Content. You must ensure End Users comply with this Agreement. If an End User violates this Agreement, you must immediately terminate their access.
14.2 No End User Support
Grid365 provides support only to you, not to End Users. You are responsible for all customer service, technical support, and communications with End Users.
14.3 Third-Party Hosting Disclaimer
If Grid365 hosts websites or services for third parties on the Service Offerings, Grid365 is not responsible for third-party content, accuracy, legality, or any services or products offered by third parties. Third-party sites are governed by their own terms, not this Agreement.
15. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform obligations under this Agreement if caused by Force Majeure Events, including natural disasters, war, terrorism, pandemics, government actions, utility failures, or other events beyond reasonable control. The affected party will provide prompt notice and make reasonable efforts to resume performance.
16. GOVERNING LAW & DISPUTE RESOLUTION
16.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
16.2 Jurisdiction & Venue
Any dispute, claim, or cause of action arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas. You consent to personal jurisdiction and venue in these courts.
16.3 Dispute Resolution
Before pursuing litigation, the parties agree to attempt informal resolution through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration or court proceedings as permitted by law.
17. GENERAL PROVISIONS
17.1 Entire Agreement
This Agreement, including any referenced policies and any separate written agreements, constitutes the entire agreement between you and Grid365 and supersedes all prior or contemporaneous understandings. If terms of a separate agreement conflict with this Agreement, the separate agreement will control for that specific matter.
17.2 Modifications to Agreement
Grid365 may modify this Agreement at any time by posting a revised version on Grid365.com or emailing you notice. Your continued use of the Service Offerings after modifications constitutes acceptance of the revised terms. You are responsible for reviewing this Agreement regularly.
17.3 Severability
If any provision of this Agreement is held invalid by a court, that provision will be severed, and the remaining provisions will remain in full force and effect.
17.4 No Waiver
Grid365’s failure to enforce any provision does not constitute a waiver of that provision or any other provision.
17.5 Independent Contractors
Grid365 and you are independent contractors. This Agreement does not create a partnership, joint venture, or employment relationship.
17.6 Assignment
You may not assign this Agreement without Grid365’s prior written consent. Grid365 may assign this Agreement to affiliates or successors. Any unauthorized assignment is void.
17.7 Notices
All notices to Grid365 should be sent to legal@grid365.com or via mail to Grid365, Inc., [ADDRESS], Texas. Notices to you will be sent to the email address associated with your account.
17.8 Survival
Sections regarding payment, confidentiality, intellectual property, indemnification, liability, and dispute resolution will survive termination of this Agreement.
18. CONTACT INFORMATION
For questions about this Agreement or the Service Offerings, contact Grid365 at:
Grid365, Inc.
Email: legal@grid365.com
Website: www.grid365.com
Grid365 will respond to inquiries within 5 business days.
Last Updated: October 15, 2026