Terms of Service Agreement

Knakl Cloud — Terms of Service

Last Updated: August 18, 2026

Introduction

Welcome to Knakl Cloud. These Terms of Service (the “Terms”) are a binding legal agreement between you and Knakl Cloud LLC, a limited liability company registered in the State of Florida with its principal place of business in St. Petersburg, Florida (“Knakl”, “Knakl Cloud”, “we”, “us”, or “our”).

These Terms govern your access to and use of:

our websites, including knakl.com and its subdomains (the “Websites”); and
our cloud infrastructure and related products, including virtual servers, compute, storage, networking, APIs, control panels, and any other paid or free services we offer (collectively, the “Services”).

By creating an account, clicking “I agree” (or similar), signing in, or accessing or using the Websites or Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Websites or Services.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE:

Your sole responsibility for backing up your data, and our disclaimer of liability for data loss (Sections 6 and 12);
A disclaimer of warranties (Section 11);
A limitation of our liability (Section 12);
A binding arbitration agreement and class action waiver (Section 15).

The following documents are incorporated into these Terms by reference and form part of your agreement with us:

Acceptable Use Policy (knakl.com/legal/acceptable-use) — prohibited uses of the Services

Data Processing Addendum (knakl.com/legal/dpa) — terms governing our processing of personal data on your behalf

Promotional Credit Terms (knakl.com/legal/credits) — terms governing signup and promotional credits

Service Level Agreement (knakl.com/legal/sla) — availability commitments and exclusions

Any Service-specific terms published for a particular Service

The order in which these documents apply if they conflict is set out in Section 18.9.

1. Eligibility and Account Registration

1.1 Legal capacity. You must be at least 18 years of age and legally capable of entering into a binding contract to use the Services. The Websites and Services are not intended for anyone under 18.

1.2 Lawful use. You are responsible for ensuring that your access to and use of the Services complies with all laws, rules, and regulations applicable to you. Your right to use the Services is revoked wherever such use is prohibited by law.

1.3 Account. To use the Services, you must register for an account (“Account”) and provide accurate, current, and complete information, including your name, a valid email address, and a valid payment method. You must keep this information up to date at all times.

1.4 Account security. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorized by you.

You must use strong passwords, enable available security features (such as two-factor authentication), and notify us immediately at support@knakl.com of any unauthorized access to or use of your Account.

To the fullest extent permitted by law, Knakl is not liable for any loss or damage arising from unauthorized use of your Account.

1.5 One person, one identity. You may not create Accounts using false information, create Accounts for the purpose of abusing promotional credits, or use another person’s Account without permission.

1.6 Acceptance at signup and login. These Terms take effect when you first accept them (for example, by checking a box or clicking “Sign Up” or “I agree” during registration).

Continued access to or use of the Services — including each time you log in — constitutes your ongoing acceptance of the then-current Terms.

2. The Services

2.1 Description. Knakl provides self-managed cloud infrastructure. Unless we expressly agree otherwise in writing, the Services are unmanaged: you have and retain full administrative (root) control over your virtual servers and are solely responsible for their configuration, administration, software, security, patching, and maintenance.

2.2 Changes to the Services. We may modify, enhance, suspend, or discontinue any part of the Services at any time. Where reasonably practicable, we will provide advance notice of material changes, but we are not obligated to do so where changes are required to address an emergency, a security risk, legal compliance, or third-party intellectual property claims.

2.3 Beta services. We may offer features labeled “beta”, “preview”, “experimental”, or similar (“Beta Services”).

Beta Services are provided strictly “AS IS”, may be modified or withdrawn at any time without notice, are excluded from any SLA, and may result in loss of any data stored in them.

You use Beta Services entirely at your own risk.

2.4 Support. We provide support through the channels described on our Websites.

Support scope and response targets, if any, are as published from time to time and do not create warranties.

2.5 Third-party infrastructure and services. The Services rely on a variety of third-party providers, including data centers, network and telecommunications providers, hardware and software vendors, payment processors, domain name system (DNS) providers, internet service providers, and other similar partners. Because these third parties operate independently of Knakl, we do not control their services and cannot guarantee that they will always be available, uninterrupted, or error-free.

In some cases, you may access or use third-party services directly through the Services, or you may be required to accept the third party’s own terms and conditions.

Where that happens, your use of those services is also governed by those separate terms.

Nothing in this Section limits any specific commitment Knakl has expressly made in a Service Level Agreement or in a written, Service-specific agreement.

3. Fees, Billing, and Payment

3.1 Fees. You agree to pay all fees for the Services you select or consume, at the prices published on the Websites or in your Account dashboard, plus applicable taxes. Usage-based Services are billed based on actual consumption as measured by our systems, which are authoritative.

3.2 Recurring billing. By registering a payment method, you authorize us and our third-party payment processors to automatically charge that payment method on a recurring basis for all fees due, including renewal charges, until you cancel the applicable Service or close your Account.

3.3 Payment processors. Payments are processed by third-party payment processors.Your use of their services may be subject to their own terms, and we are not responsible for their acts or omissions.

3.4 Price changes. We may change our prices at any time by updating our pricing pages or notifying you through your Account or by email. Continued use of the Services after the effective date of a price change constitutes acceptance of the new prices.

If you do not agree, your sole remedy is to cancel the affected Services before the change takes effect.

3.5 Late and failed payments. If a payment fails or an invoice becomes overdue, we may suspend or terminate your Services and delete associated data after reasonable notice, and we may charge interest and collection costs to the extent permitted by law. You remain liable for all unpaid amounts.

3.6 Taxes. All fees are exclusive of taxes. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes arising from your purchase of the Services, other than taxes on our net income.

3.7 No refunds. Except where required by law or expressly stated otherwise in writing, all fees are non-refundable, including in the event of suspension or termination of your Account for breach of these Terms.

4. Promotional and Signup Credits

4.1 Knakl may offer promotional, signup, referral, or other Service credits (“Credits”).

Credits have no cash value, are non-transferable, may not be redeemed for cash, and may be subject to expiration dates, usage conditions, and eligibility requirements published at the time of the offer.

4.2 Credits are limited to one eligible grant per person and per organization unless we expressly state otherwise.

Creating multiple Accounts, providing false information, or otherwise manipulating a promotion to obtain additional Credits is prohibited.

4.3 We may revoke, reduce, or expire any Credits at any time in the event of abuse, fraud, misrepresentation, violation of these Terms, or where required to correct errors. Fees incurred beyond available Credits are your responsibility and will be charged to your payment method.

5. Your Content

5.1 Ownership. You retain all right, title, and interest in and to the data, files, software, code, and other materials that you upload to, store on, or process through the Services (“Customer Content”). These Terms do not transfer ownership of Customer Content to Knakl.

5.2 License to us. You grant Knakl a worldwide, non-exclusive, royalty-free license to host, store, transfer, reproduce, and display Customer Content solely as necessary to provide, maintain, secure, and improve the Services and to comply with law. We claim no other rights in Customer Content.

5.3 Your responsibility. You are solely responsible for Customer Content and for the development, operation, security, legality, and maintenance of anything you run on the Services, including content contributed by your end users. You represent and warrant that you have all rights necessary to store and process Customer Content through the Services and that Customer Content and its use will not violate any law or infringe any third-party right.

5.4 End users. If you allow third parties (your customers, users, or resellers’ customers) to access or use resources under your Account, you remain fully responsible for their acts and omissions as if they were your own, including their compliance with these Terms and the Acceptable Use Policy.

5.5 Service and usage data. Knakl may collect operational information generated through use of the Services, including resource identifiers, system configurations, usage measurements, performance metrics, billing records, security events, IP addresses, system logs, and similar service-related information (“Service Data”). Knakl may use Service Data to operate, secure, maintain, support, bill for, troubleshoot, analyze, improve, and plan the capacity of the Services, and to detect fraud, abuse, or security threats.

Service Data does not include the contents of files, databases, applications, communications, prompts, documents, or other Customer Content merely because that content is stored or processed through the Services. To the extent Service Data contains personal data or Customer Content, Knakl will handle that information in accordance with the Privacy Policy, any applicable Data Processing Addendum, and applicable law.

5.6 Customer software and workloads. You are responsible for all software, applications, services, code, scripts, databases, models, data, and other workloads that you install, upload, develop, configure, access, or operate through the Services (“Customer Workloads”). You are responsible for obtaining and maintaining all rights, licenses, permissions, and authorizations required for your Customer Workloads.

Customer Workloads may include artificial intelligence and machine-learning software and related workloads, provided that such use complies with these Terms, the Acceptable Use Policy, applicable law, applicable software and data licenses, and the technical limitations of the Service you purchase. Knakl provides the underlying cloud infrastructure and does not, solely by providing that infrastructure, become the developer, publisher, operator, controller, supervisor, or provider of Customer Workloads. Unless Knakl expressly agrees otherwise in writing, Knakl does not review, validate, approve, supervise, or endorse the operation, accuracy, legality, output, or results of Customer Workloads.

5.7 Regulated and sensitive data. You are responsible for deciding whether the Services are appropriate for any data you choose to store or process, including data that may be subject to legal, regulatory, or industry-specific requirements. Unless we expressly state otherwise in writing for a specific Service, we do not represent that the Services meet any particular compliance standard or certification.

You may not use the Services for data or workloads that require specific legal, regulatory, or technical safeguards unless those safeguards are explicitly included in your plan or agreed to in writing with Knakl. If your use of the Services requires a separate agreement (such as a Data Processing Addendum, Business Associate Agreement, or similar terms), you are responsible for ensuring that agreement is in place before using the Services for that purpose.

5.8 Personal data processed for customers. Where Knakl processes personal data contained in Customer

Content on your behalf, the applicable Data Processing Addendum governs that processing.

You are responsible for determining the lawful basis for collecting and processing personal data through your Customer Workloads, and for providing any notices, obtaining any permissions or consents, and responding to individuals as required by applicable law. If there is a conflict between these Terms and an applicable Data Processing Addendum regarding the processing of personal data on your behalf, the Data Processing Addendum controls with respect to that processing.

6. Backups and Data Loss — Your Responsibility

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY LIMITS KNAKL’S RESPONSIBILITY FOR YOUR DATA.

6.1 You are solely responsible for backing up Customer Content. You must implement and maintain your own regular, independent backup and disaster-recovery procedures for all Customer Content, including maintaining current copies of Customer Content outside the Services. You are responsible for periodically verifying that your independent backups are complete and usable.

6.2 No backup obligation. Unless a Service expressly includes a backup, snapshot, replication, or recovery feature, Knakl has no obligation to create, retain, or restore backups of Customer Content. Where Knakl does offer such a feature, it is provided as a convenience only, is subject to the limitations and retention periods applicable to that Service, and is not guaranteed to be complete, current, or recoverable.

No Knakl backup, snapshot, replication, or recovery feature replaces your responsibility to maintain independent backups outside the Services or transfers responsibility for data protection to Knakl. Your responsibility under this Section 6 applies regardless of whether you purchase or enable any Knakl backup or snapshot feature.

6.3 Data may be lost. You acknowledge that data stored on cloud infrastructure can be lost, corrupted, or rendered

inaccessible due to hardware failure, software defects, human error, security incidents, power or network events, suspension or termination of Services, or other causes. You accept this risk.

6.4 Disclaimer of data-loss liability. TO THE FULLEST EXTENT PERMITTED BY LAW, KNAKL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND AGENTS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, CORRUPTION, DELETION, UNAVAILABILITY, OR FAILURE TO STORE OR RECOVER ANY CUSTOMER CONTENT OR OTHER DATA, HOWEVER CAUSED, INCLUDING LOSS RESULTING FROM YOUR FAILURE TO MAINTAIN BACKUPS, FROM SUSPENSION OR TERMINATION OF YOUR ACCOUNT, OR FROM ANY DEFECT, ERROR, OUTAGE, OR SECURITY INCIDENT AFFECTING THE SERVICES.

6.5 Cancellation, termination, and data export. You are responsible for exporting Customer Content and maintaining copies of any information you wish to retain before cancelling a Service or closing your Account.

After cancellation, expiration, suspension, or termination, Customer Content may become inaccessible and may be immediately and permanently deleted. Knakl may delete Customer Content following cancellation or termination in accordance with its applicable retention practices, Service-specific terms, Data Processing Addendum, and legal obligations. Knakl does not guarantee that Customer Content will remain available after cancellation or termination.

6.6 Customer requests for deletion. Subject to applicable law and any applicable Data Processing Addendum, an authorized Account holder may request deletion of Customer Content associated with the Account. Knakl may require reasonable verification of the identity and authority of the person making the request before processing a deletion request.

Deletion of active Customer Content may not immediately remove residual copies from backup, disaster-recovery, security, or archival systems. Residual copies may remain until overwritten or deleted according to Knakl’s applicable retention schedule, provided that such copies remain protected and are not restored to active use except for legitimate backup, disaster-recovery, security, or legal purposes.

6.7 Information Knakl may retain. Notwithstanding a deletion or Account closure request, Knakl may retain information to the extent reasonably necessary to:

comply with legal or regulatory obligations;
maintain tax, accounting, and transaction records;
establish, exercise, or defend legal claims;
prevent or investigate fraud, abuse, or security incidents;
enforce agreements;
maintain security records; or
comply with valid legal process.

Any retained information remains subject to applicable privacy and security obligations.

6.8 Requests from individuals whose data is controlled by a customer. If an individual contacts Knakl concerning personal data stored or processed through a customer’s Account, and Knakl processes that data solely on behalf of the customer, Knakl may direct the individual to the applicable customer. The customer is responsible for determining whether and how to respond to the individual’s request.

Where required by applicable law or the applicable Data Processing Addendum, Knakl will provide reasonable assistance to the customer in responding to valid requests concerning access, correction, deletion, restriction, portability, or other applicable data rights. Knakl will not independently access, alter, or delete Customer Content in response to a third-party request unless authorized by the customer, required by law, or otherwise permitted under these Terms.

7. Acceptable Use

7.1 You must use the Websites and Services in compliance with our Acceptable Use Policy, which is incorporated into these Terms. Without limiting that policy, you may not use the Services to:

violate any law or the rights of any third party;
send spam or unsolicited bulk communications;
distribute malware, conduct phishing, or operate botnets or command-and-control infrastructure;
launch or facilitate denial-of-service attacks, port scanning of third parties without authorization, or other network abuse;
infringe intellectual property rights or host unlawful content;
mine cryptocurrency, unless expressly permitted in writing for your plan;
attempt to probe, scan, breach, or test the vulnerability of the Services or any Knakl system without our prior written authorization; or
resell the Services in violation of any restrictions we publish.

7.2 You may not reverse engineer, decompile, or attempt to derive the source code of any nonopen-source portion of the Services, except to the extent such restriction is prohibited by law.

7.3 We may (but are not obligated to) monitor use of the Services for compliance, security, and billing purposes, and we may access, preserve, and disclose information where we reasonably believe it necessary to comply with law or legal process, enforce these Terms, prevent fraud or abuse, address security or technical issues, or protect the rights, property, or safety of Knakl, our users, or the public.

7.4 Artificial intelligence and machine-learning workloads. You may use compatible Knakl infrastructure to develop, train, test, host, operate, or access artificial intelligence or machinelearning systems, subject to these Terms and the Acceptable Use Policy. If you use the Services for such a workload, you are responsible for:

the models and software you use;
datasets and training data;
data collection and data-use rights;
prompts and other inputs;
generated or processed outputs;
copyright, trademark, licensing, and other intellectual-property requirements;
privacy and data-protection requirements;
notices, permissions, and consents;
testing and evaluation;
bias or discrimination concerns;
human review or oversight where required or appropriate;
and compliance with laws and regulations applicable to your use.

Knakl’s provision of computing, GPU, storage, networking, or other infrastructure does not make Knakl responsible for the design, training, operation, outputs, decisions, or legal compliance of a customer’s artificial intelligence or machine-learning system.

7.5 Automated and regulated decision-making. You may not use the Services to operate an automated or artificial-intelligence system in violation of applicable law. If a Customer Workload is used to make, recommend, support, or substantially influence decisions affecting individuals — including decisions involving employment, credit, lending, housing, insurance, healthcare, education, government benefits, or other legally regulated activities — you are responsible for determining and satisfying all legal obligations applicable to that use. Those obligations may include notices, consent, testing, assessments, recordkeeping, explanation requirements, appeal procedures, human review, anti-discrimination requirements, and other safeguards. Knakl does not determine whether a particular Customer Workload is legally appropriate for the customer’s intended use.

8. Suspension and Termination

8.1 By you. You may cancel any Service or close your Account at any time through your Account settings or by contacting support. Cancellation does not entitle you to a refund of prepaid fees except as required by law, and any unpaid fees remain due.

8.2 By us. We may suspend or terminate your access to all or part of the Websites or Services, with or without notice, if: (a) you breach these Terms, the Acceptable Use Policy, or any incorporated document; (b) your payment fails or your Account is overdue; (c) your use poses a security, legal, or operational risk to Knakl, our infrastructure, or other customers; (d) we are required to do so by law; or (e) we discontinue the Services. Where practicable, we will give reasonable advance notice.

8.3 Effect of termination. Upon termination: your license to use the Services ends immediately; all unpaid fees become immediately due; and Customer Content may be permanently deleted in accordance with Section 6.5. Sections that by their nature should survive termination (including Sections 5, 6, 9, 10, 11, 12, 13, 15, 16, and 18) survive.

9. Knakl’s Intellectual Property

9.1 The Websites and Services, including all software, interfaces, designs, logos, trademarks, documentation, and other materials provided by Knakl (excluding Customer Content and Customer Workloads), are owned by Knakl or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, non-transferable, revocable license to access and use the Websites and Services as permitted by these Terms. All rights not expressly granted are reserved.

9.2 Feedback. If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate them without restriction or compensation.

9.3 Open source. Portions of the Services may include open-source software governed by their own licenses; nothing in these Terms limits your rights under those licenses.

10. Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices should be sent to our designated agent:

Knakl Cloud LLC — DMCA Agent 215 37th Ave NE, Saint Petersburg, FL 33704, USA Email: support@knakl.com

We may remove or disable access to allegedly infringing material and may terminate the Accounts of repeat infringers.

11. Disclaimer of Warranties

11.1 THE WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KNAKL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11.2 WITHOUT LIMITING THE FOREGOING, KNAKL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DATA, INCLUDING CUSTOMER CONTENT, WILL BE PRESERVED, SECURE, OR NOT LOST OR CORRUPTED; (C) DEFECTS WILL BE CORRECTED; OR (D) THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY SLA WE PUBLISH STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR AVAILABILITY SHORTFALLS AND DOES NOT EXPAND OUR OBLIGATIONS UNDER THESE TERMS.

11.3 Some jurisdictions do not allow the exclusion of certain warranties; in that case, the above exclusions apply to the maximum extent permitted by applicable law.

11.4 Customer workloads and third-party software. KNAKL MAKES NO WARRANTY REGARDING CUSTOMER WORKLOADS, CUSTOMER-INSTALLED SOFTWARE, THIRD-PARTY SOFTWARE, THIRD-PARTY SERVICES, CUSTOMER CONFIGURATIONS, OR RESULTS PRODUCED BY SOFTWARE OR SYSTEMS OPERATED BY A CUSTOMER THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR TESTING AND DETERMINING THE SUITABILITY OF CUSTOMER WORKLOADS FOR YOUR PURPOSES.

12. Limitation of Liability

12.1 No indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNAKL OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA (INCLUDING THE COST OF RECREATING LOST DATA), ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITES OR SERVICES, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, KNAKL’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITES OR SERVICES WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO KNAKL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Data loss. WITHOUT LIMITING SECTION 6, YOU AGREE THAT KNAKL HAS NO LIABILITY FOR ANY DATA THAT IS DESTROYED, LOST, CORRUPTED, OR RENDERED INACCESSIBLE FOR ANY REASON, INCLUDING BECAUSE YOU FAILED TO MAINTAIN INDEPENDENT BACKUPS.

12.4 Time limit on claims. Except for actions to protect intellectual property rights or to collect unpaid fees, no claim arising out of or relating to these Terms may be brought by either party more than one (1) year after the event giving rise to the claim.

12.5 Customer workloads and customer-controlled environments. TO THE FULLEST EXTENT PERMITTED BY LAW, KNAKL WILL NOT BE LIABLE FOR LOSSES, CLAIMS, DAMAGES, SECURITY INCIDENTS, DATA LOSS, SERVICE INTERRUPTIONS, OR OTHER HARM ARISING FROM:

a. CUSTOMER CONTENT;

b. CUSTOMER WORKLOADS;

c. CUSTOMER-INSTALLED OR THIRD-PARTY SOFTWARE;

d. CUSTOMER CONFIGURATIONS;

e. CUSTOMER CREDENTIALS OR ACCESS CONTROLS;

f. CUSTOMER’S FAILURE TO INSTALL PATCHES OR UPDATES FOR A SELF-MANAGED SERVICE;

g. CUSTOMER’S FAILURE TO MAINTAIN INDEPENDENT BACKUPS;

h. ACTS OR OMISSIONS OF CUSTOMER’S USERS, END USERS, CONTRACTORS, OR OTHER PERSONS GIVEN ACCESS BY CUSTOMER; OR

i. CUSTOMER’S VIOLATION OF LAW OR THIRD-PARTY RIGHTS.

THIS SECTION DOES NOT EXCLUDE RESPONSIBILITY THAT KNAKL EXPRESSLY ACCEPTS IN WRITING FOR A SPECIFIC MANAGED SERVICE.

12.6 Basis of the bargain. The disclaimers and limitations in Sections 6, 11, and 12 allocate risk between the parties, are reflected in our pricing, and are an essential basis of the bargain between you and Knakl. Each is severable and applies even if a limited remedy fails of its essential purpose.

13. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Knakl and its members, managers, officers, employees, contractors, suppliers, and agents from and against all liabilities, damages, losses, claims, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Content; (b) your Customer Workloads; (c) your end users or their use of resources under your Account; (d) your use or misuse of the Websites or Services; (e) your breach of these Terms or violation of law; or (f) your infringement of any third-party right. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense at your expense.

14. Compliance, Export Controls, and Sanctions

14.1 The Services are subject to U.S. export control and economic sanctions laws, including regulations administered by OFAC and BIS. You represent that you are not located in, or a resident or national of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.

14.2 You will not use, export, re-export, or transfer the Services or any data in violation of applicable export control, sanctions, or import laws, and you will not permit any third party to do so through your Account.

15. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal resolution first. Before initiating arbitration, you agree to first contact us at support@knakl.com with a written description of the dispute and give us thirty (30) days to attempt to resolve it informally.

15.2 Agreement to arbitrate. Except as provided in Section 15.5, you and Knakl agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Websites, or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”), as modified by these Terms.

If you use the Services primarily for personal, family, or household purposes, the applicable AAA Consumer Arbitration Rules will govern.

If you use the Services on behalf of a business, organization, governmental entity, professional practice, or other commercial enterprise, the applicable AAA Commercial Arbitration Rules will govern.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has authority to resolve disputes concerning the interpretation, applicability, or enforceability of this arbitration agreement, subject to applicable law.

15.3 Procedure. Arbitration will be conducted in Pinellas County, Florida, or, at your election for claims of $10,000 or less, on the basis of documents only or by telephone or video conference. The arbitrator may award the same relief as a court, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator’s decision will be in writing and will state the essential findings and conclusions on which it is based.

15.4 Class action waiver. YOU AND KNAKL EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate claims of more than one person without the written consent of all parties.

15.5 Exceptions. Either party may (a) bring an individual action in small claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or prevent unauthorized access to the Services.

15.6 Severability of this Section. If any portion of this Section 15 is found unenforceable, the remainder will remain in effect; if the arbitration agreement as a whole is found unenforceable, disputes will be resolved exclusively in the courts identified in Section 16.2.

16. Governing Law and Venue

16.1 These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Subject to Section 15, you and Knakl submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Pinellas County, Florida for any action permitted under these Terms.

17. Updates to These Terms

17.1 Updates. We may update these Terms from time to time. If we do, we will post the updated Terms on the Websites and update the “Last Updated” date above, and for material changes we may also notify you by email or through your Account. Updated Terms take effect on the date stated in the notice or, if none, upon posting. Your continued access to or use of the Websites or Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, your sole and exclusive remedy is to stop using the Services and close your Account before the effective date.

17.2 Material changes affecting customer data. Changes to these Terms will not, by themselves, grant Knakl materially broader rights to use existing Customer Content for a new purpose where applicable law requires additional notice or consent. If a material change would significantly alter how Knakl uses Customer Content or personal data, Knakl will provide any additional notice or obtain any additional consent required by applicable law.

18. General Provisions

18.1 Entire agreement. These Terms, together with all documents incorporated by reference, are the entire agreement between you and Knakl regarding the Websites and Services and supersede all prior or contemporaneous agreements on that subject. No terms in any purchase order or similar document you provide will modify these Terms.

18.2 Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.3 Force majeure. Knakl is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, labor disputes, governmental action, epidemics or pandemics, power failures, utility failures, telecommunications failures, internet disruptions, failures of upstream network providers, data-center failures, DNS failures, supply-chain disruptions, third-party service outages, cyberattacks, denial-of-service attacks, or other events that Knakl could not reasonably prevent or control. This Section does not limit any specific remedy expressly provided under an applicable Service Level Agreement.

18.4 Severability; waiver. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later.

18.5 Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Knakl.

18.6 No third-party beneficiaries. These Terms do not create rights in any third party.

18.7 Notices. We may provide notices to you by email to the address associated with your Account or by posting within the Services or on the Websites; such notices are effective when sent or posted. You must send legal notices to us in writing at: Knakl Cloud LLC, 215 37th Ave NE, Saint Petersburg, FL 33704, USA, with a copy by email to support@knakl.com. You consent to receiving communications from us electronically, and you agree that electronic communications satisfy any legal requirement that communications be in writing.

18.8 Headings; interpretation. Headings are for convenience only. “Including” means “including without limitation.”

18.9 Service-specific terms and order of precedence. Certain Services may be subject to Service-specific terms, an Order Form, Data Processing Addendum, Service Level Agreement, or other written agreement. If there is a direct conflict between documents forming part of the agreement, the more specific provision addressing the subject matter of the conflict will control. Unless an applicable document expressly provides otherwise, the following order of precedence applies:

1. an executed Order Form or separately signed agreement;

2. an applicable Data Processing Addendum, solely with respect to processing of personal data;

3. applicable Service-specific terms;

4. an applicable Service Level Agreement, solely with respect to service-level commitments and remedies;

5. these Terms of Service; and

6. the Acceptable Use Policy.

Contact

Questions about these Terms can be directed to:

Knakl Cloud LLC

215 37th Ave NE

Saint Petersburg, FL 33704, USA

Email: support@knakl.com

Reviewer Notes (remove before publication)

Placeholders: none remaining. Company address, copyright year, contact email, Last Updated date, and all five incorporated policy documents are complete. Confirm the URLs above match where you actually publish each document.

Flagged for counsel:

1. Section 15.2 — arbitration. Flagged in the review round. The consumer/commercial rules split is now in place; counsel should confirm the AAA rule sets, the fee-allocation approach, and whether an opt-out right should be offered.

2. Data Processing Addendum. Now drafted. Sections 5.7, 5.8, 6.5, 6.6, 6.8, and 18.9 all rely on it, and DPA Section 3 states it overrides these Terms for personal data — counsel should confirm that override reads as intended.

3. Section 5.7 vs. 5.8. 5.7 says customers may not use the Services for workloads requiring specific safeguards absent written agreement; 5.8 assumes a DPA is in place. Counsel should confirm these read consistently.

4. Section 12.5(f) refers to “a self-managed service,” implying managed services may exist. Section 2.1 currently describes all Services as unmanaged. Reconcile if managed offerings are planned.

5. Companion documents. The Acceptable Use Policy, Privacy Policy, Promotional Credit Terms, and Service Level Agreement are now drafted and incorporated. All five should be reviewed together with these Terms, since they cross-reference each other.

6. Corporate details. The IRS EIN notice lists the LLC’s mailing address as 1932 Arrowhead Dr NE, St Petersburg, FL 33703, c/o the sole member. These Terms use 215 37th Ave NE, Saint Petersburg, FL 33704. Confirm which address should be the public legal-notice address and whether the registered agent address on file with Sunbiz matches