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Legal Notice

TERMS OF SERVICE

Last Updated: April 2026

These Terms of Service ("Terms") govern your access to and use of the services, software, websites, applications, APIs, and related offerings (collectively, the "Service") provided by [ACHH LLC] ("Company," "we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration

You may be required to create an account to access certain features.

You agree to:

  • Provide accurate and complete information.

  • Keep your information current.

  • Maintain the security of your credentials.

  • Promptly notify us of unauthorized use of your account.

You are responsible for all activities occurring under your account.

3. Description of Service

The Company provides a software-as-a-service platform designed to SaaS Out of Band Management and other services. 

We may modify, enhance, suspend, or discontinue portions of the Service at any time.

4. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes.

No ownership rights are transferred to you.

5. Subscription Plans and Fees

Certain features may require payment.

You agree to pay all applicable fees and taxes associated with your subscription.

Fees are:

  • Charged in advance.

  • Non-refundable unless otherwise required by law.

  • Subject to change upon notice.

Failure to pay may result in suspension or termination of access.

6. Automatic Renewals

Unless cancelled before the end of the current subscription term, subscriptions automatically renew for successive periods equal to the original term.

You authorize us to charge the payment method on file for renewal fees.

7. Free Trials

We may offer free trials at our discretion.

At the end of a trial period, your subscription may automatically convert to a paid plan unless cancelled before expiration.

8. Acceptable Use

You shall not:

  • Violate any law or regulation.

  • Interfere with Service operations.

  • Attempt unauthorized access.

  • Distribute malware or harmful code.

  • Use the Service to infringe intellectual property rights.

  • Reverse engineer, decompile, or disassemble the Service.

  • Use the Service for unlawful, fraudulent, or deceptive purposes.

  • Circumvent security controls or rate limits.

9. User Content

You retain ownership of all content, data, files, prompts, submissions, and materials you upload or provide through the Service ("User Content").

You grant the Company a worldwide, non-exclusive license to host, store, process, transmit, and display User Content solely to provide and improve the Service.

You represent that:

  • You own or have rights to the User Content.

  • User Content does not violate applicable law.

  • User Content does not infringe third-party rights.

10. Data Processing

We process personal information in accordance with our Privacy Policy.

You acknowledge and agree that we may process data necessary to operate, secure, support, and improve the Service.

11. AI and Automated Features

If the Service includes artificial intelligence or machine learning functionality:

  • Outputs may contain errors or inaccuracies.

  • Outputs should not be considered professional advice.

  • Users remain responsible for reviewing and validating outputs before use.

  • We do not guarantee uniqueness or exclusivity of generated outputs.

12. API Access

If APIs are provided:

  • Access credentials must be kept confidential.

  • Usage limits may apply.

  • We may suspend API access for abuse, excessive usage, or security concerns.

  • We may modify APIs with reasonable notice.

13. Intellectual Property

The Service, software, source code, algorithms, interfaces, trademarks, logos, designs, documentation, and related materials are owned by the Company or its licensors.

Except as expressly granted, no rights are provided to you.

14. Feedback

If you provide suggestions, ideas, improvements, or feedback, you grant the Company an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without compensation.

15. Third-Party Services

The Service may integrate with third-party services.

We do not control and are not responsible for third-party services, products, content, policies, or practices.

Your use of third-party services is governed by their terms.

16. Confidentiality

Each party may receive confidential information from the other.

Neither party shall disclose confidential information except as required to perform obligations under these Terms or as required by law.

Confidentiality obligations survive termination.

17. Security

We implement reasonable administrative, technical, and organizational measures to protect data.

However, no security system is completely secure, and we cannot guarantee absolute security.

18. Service Availability

We strive to maintain availability but do not guarantee uninterrupted, secure, or error-free operation.

The Service may be unavailable due to maintenance, upgrades, outages, or circumstances beyond our control.

19. Beta Features

We may provide beta, preview, or experimental features.

Beta features are provided "as is" and may be modified or discontinued at any time.

20. Compliance With Laws

You agree to comply with all applicable laws and regulations in connection with your use of the Service.

You may not use the Service in jurisdictions where such use is prohibited.

21. Export Controls and Sanctions

You represent that you are not located in a restricted jurisdiction and are not subject to applicable sanctions or export restrictions.

You agree not to export or use the Service in violation of applicable export control laws.

22. Suspension

We may suspend access immediately if:

  • Required by law.

  • Necessary to protect the Service.

  • We reasonably believe you violated these Terms.

23. Termination

You may terminate your account at any time.

We may terminate or suspend access if you violate these Terms or if continued provision of the Service becomes impractical.

Upon termination:

  • Your access ends.

  • Certain data may be deleted according to our retention policies.

  • Provisions intended to survive termination remain effective.

24. Data Retention and Deletion

Following termination, we may retain data for legal, regulatory, security, backup, or operational purposes.

Thereafter, data may be deleted according to our internal retention schedules.

25. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

27. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, losses, costs, and expenses arising from:

  • Your use of the Service.

  • Your User Content.

  • Your violation of these Terms.

  • Your violation of applicable law or third-party rights.

28. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to conflict of law principles.

29. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through:

[ARBITRATION OR COURTS]

Venue shall be exclusively located in [LOCATION].

30. Force Majeure

The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, labor disputes, internet outages, governmental actions, cyberattacks, or utility failures.

31. Changes to These Terms

We may modify these Terms at any time.

Updated versions will be posted on our website with a revised effective date.

Continued use of the Service following changes constitutes acceptance of the revised Terms.

32. Entire Agreement

These Terms, together with any Privacy Policy, Data Processing Addendum, Order Form, or Service Level Agreement, constitute the entire agreement between the parties regarding the Service.

33. Contact Information



ACHH LLC

714 Venture Drive
Morgantown 26508


Phone: 304-906-2026
Mobile:
E-Mail: info@achllcco.com