Terms of Service
The agreement that governs your use of MarQi Cloud
These terms govern your access to and use of the MarQi Cloud website, customer portal and infrastructure services. By opening an account or using the service you agree to them. If you are agreeing on behalf of a company, you confirm you have the authority to bind that company.
The service
MarQi Cloud provides open source hybrid cloud infrastructure — virtual machines, block storage, networking, colocation and related services — as described on this website and in the order or quote you accept. Where a signed agreement, order form or statement of work exists between us, that document governs and these terms fill in anything it does not cover.
Your account
You are responsible for the accuracy of your account details, for keeping credentials confidential, and for everything done under your account. Tell us promptly if you believe an account has been compromised. You are responsible for the acts and omissions of anyone you give access to.
Acceptable use
Your use of the service must comply with our Acceptable Use Policy, which forms part of these terms. In short: do not use our infrastructure to break the law, to attack others, or in a way that degrades the service for other customers.
Your content and your data
You keep all rights in the data and software you run on the service. You grant us only the limited permission needed to host and operate it for you. You are responsible for having the rights to what you store, and for meeting any legal obligations that attach to it. Where we process personal data on your behalf, our Data Processing Addendum applies.
Backups are a shared responsibility
We replicate customer volumes across separate nodes and include snapshots and backups in every plan. Replication protects against hardware failure; it does not protect against deletion, corruption or a mistake in your own application. You remain responsible for configuring a protection schedule that matches your recovery requirements and for verifying that restores work.
Fees and billing
Fees, billing period and payment terms are those set out on our pricing page or in the order you accepted. Charges are payable in US dollars and are exclusive of taxes, which you are responsible for where applicable. We do not charge data egress fees. If an invoice is not paid when due, we may suspend the service after giving you notice and a reasonable opportunity to resolve it.
Service levels
How availability is measured and how service credits work are set out in our Service Level Agreement; the commitment levels that apply to your services are stated in your order or agreement. Live platform state is published on our status page.
Suspension
We may suspend access where necessary to protect the platform or other customers — for example in response to an active attack, a serious security risk, or a breach of the Acceptable Use Policy. Except where an immediate risk makes it impossible, we will tell you first and work with you to resolve the cause.
Term and termination
Either party may terminate in accordance with the term stated in your order. On termination you may retrieve your data during a reasonable transition window, after which we may delete it. Because the platform is built on open source components and standard machine images, retrieving your workloads does not require our cooperation or a proprietary export tool — that is deliberate.
Warranties and liability
We provide the service with reasonable skill and care. Except as expressly stated in these terms, in your order, or in the Service Level Agreement, the service is provided without further warranties to the extent permitted by law. Neither party is liable for indirect or consequential loss. Any limits or caps on liability agreed in a signed order form or master agreement between us apply in addition to this section.
Changes to these terms
We may update these terms. Where a change materially affects your rights we will give you notice before it takes effect. Continuing to use the service after that date means you accept the updated terms.
Governing law
These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules, and the courts located in Georgia have jurisdiction over any dispute — unless a signed agreement between us specifies otherwise.
Contact us
MarQi Cloud
190 Bluegrass Valley Pkwy, Alpharetta, GA 30005, United States
Email: support@marqi.cloud · Phone: +1-770-369-9321
Related: Acceptable Use Policy · SLA · Privacy Policy · All legal documents