Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MurrCloud platform, website, and related services (collectively, "Services") provided by MurrCloud Inc., a Delaware corporation ("MurrCloud," "we," "us," or "our").

1. Acceptance of Terms

By creating an account or using the Services, you represent that you are at least 18 years old, have the legal authority to enter into these Terms on behalf of yourself or your organization, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

MurrCloud provides a cloud-based business operations platform including ERP modules, AI assistants, managed hosting, and related professional services. The specific features available to you depend on your subscription plan.

3. Account Registration and Security

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at support@murrcloud.com if you suspect unauthorized access.

4. Subscriptions and Payment

4.1 Fees

Subscription fees are charged in US dollars as specified in your order or on our Pricing page. Fees are billed in advance on a monthly or annual basis depending on your selected plan.

4.2 Payment

By providing payment information, you authorize MurrCloud to charge your payment method for all fees. If payment fails, we may suspend access until payment is resolved.

4.3 Price Changes

We may change subscription fees with 30 days' advance notice. Continued use of the Services after the effective date constitutes acceptance of the new fees.

4.4 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be eligible for a prorated refund within 30 days of renewal, at our discretion. One-time onboarding fees are non-refundable once onboarding has commenced.

4.5 Taxes

You are responsible for all applicable taxes, duties, and levies associated with your subscription, except for taxes based on MurrCloud's net income.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malicious code, or any harmful content
• Attempt to gain unauthorized access to any part of the Services or other accounts
• Reverse engineer, decompile, or disassemble the platform
• Resell, sublicense, or distribute the Services without written authorization
• Use automated scripts to access the Services in a manner that disrupts performance
• Upload content that violates intellectual property rights of any party

6. Your Data

6.1 Ownership

You retain full ownership of all business data, financial records, and content you submit to the platform ("Customer Data"). MurrCloud does not claim any ownership rights over Customer Data.

6.2 License to MurrCloud

You grant MurrCloud a limited license to host, process, and display Customer Data solely to provide the Services to you.

6.3 Data Export

You may request an export of your Customer Data at any time. Following termination, we will retain your data for 90 days to allow for reactivation or export, then delete it.

7. Intellectual Property

The MurrCloud platform, including its software, design, trademarks, and documentation, is owned by MurrCloud Inc. and protected by applicable intellectual property laws. These Terms do not grant you any right to use MurrCloud's trademarks or intellectual property beyond what is necessary to use the Services.

8. Confidentiality

Each party agrees to keep confidential any non-public information of the other party and to use such information only as necessary to fulfill obligations under these Terms. This obligation survives termination of these Terms for a period of three (3) years.

9. Service Level and Uptime

MurrCloud targets 99.5% uptime for the platform, excluding scheduled maintenance windows. We will endeavor to provide advance notice of planned maintenance. Uptime SLAs for specific bundle plans may be set out in a separate Order Form or Service Level Agreement.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MURRCLOUD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

The Services are not a substitute for professional accounting, legal, or financial advice. While MurrCloud's team includes credentialed professionals, use of the platform does not constitute a professional advisory relationship.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MURRCLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

MURRCLOUD'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO MURRCLOUD IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

12. Indemnification

You agree to indemnify, defend, and hold harmless MurrCloud and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate the subscription with 30 days' written notice. MurrCloud may suspend or terminate access immediately for breach of these Terms, non-payment, or conduct that poses a security risk.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, , without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance. Your continued use of the Services constitutes acceptance of the updated Terms.

16. Contact

MurrCloud Inc.
Incorporated in Delaware,
Email: legal@murrcloud.com