Legal Information

Terms of Service, Privacy Policy & Service Level Agreement

1. Introduction & Acceptance of Terms

1.1. Agreement Overview

These Terms of Service (“Terms”) constitute a legally binding agreement between MivoCloud SRL, a company incorporated in the Republic of Moldova, company number 1015600006357 (“MivoCloud”, “we”, “us”, or “our”), and/or their agent/partners

with any individual or legal entity that accesses, registers for, purchases, or uses the Services (“User”, “you”, or “your”).

1.2 Acceptance of Terms

By accessing the MivoCloud website, creating an Account, placing an order, ticking an acceptance checkbox, or otherwise using any Services, you confirm that you have read, understood, and agree to be bound by these Terms, together with all documents incorporated by reference, including the Acceptable Use Policy, Service Level Agreement, and Privacy Policy (collectively, the “Agreement”).

1.3 Authority to Bind

If you accept these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement, and that such entity agrees to be responsible for all obligations under this Agreement.

1.4 Eligibility

The User represents and warrants that they are of legal age, have the legal capacity to enter into this Agreement, and are not prohibited from receiving the Services under the laws of any applicable jurisdiction.
The User must provide accurate, current, and complete registration and billing information and keep such information up to date.

MivoCloud may request identity verification at any time, including but not limited, the government-issued identification and proof of address.

1.5 Electronic Acceptance

Acceptance of these Terms may be effected electronically, including by creating an account, checking an acceptance box, placing an order, making payment, or continuing to use the Services. Such electronic acceptance shall have the same legal effect as a written signature.

1.6 Modifications to the Terms

MivoCloud reserves the right to modify, update, or replace these Terms at any time. Any changes shall be published on the Website and, where appropriate, notified to the User by electronic means. Continued use of the Services after thirty (30) days from publication of the updated Terms shall constitute acceptance of the modified Terms. If the User does not agree to the changes, the User may terminate the Agreement in accordance with these Terms.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

“Account” means the User’s registered customer account with MivoCloud through which Services are ordered, managed, and billed.

“Acceptable Use Policy” or “AUP” means the policy published on the Website that governs permitted and prohibited uses of the Services, as amended from time to time.

“Agreement” means these Terms of Service together with all policies, documents, and agreements incorporated by reference, including the Acceptable Use Policy, Service Level Agreement, and Privacy Policy.

“Billing Cycle” means the recurring period (monthly, quarterly, annually, or otherwise) for which the Client is charged fees for the Services.

“Client,” “customer,”“you,” or “your” means the individual or legal entity that enters into these Terms with the Company and that accesses, orders, or uses the Services.

“Company,” “provider,”“we,” “us,” or “our” means MivoCloud SRL, including its agents, partners, affiliates, officers, directors, employees, and contractors.

“Content” means all data, files, software, applications, text, images, and other information stored, transmitted, processed, or made available by the User through the Services.

“Dedicated Server” means a physical server allocated exclusively to a single User, the ownership of which remains with MivoCloud or its suppliers.

“Managed Services” means optional, paid services explicitly described by MivoCloud as including system administration, monitoring, or maintenance tasks, strictly limited to the scope stated on the Website or in a written agreement.

“Services” means any hosting, cloud, VPS, dedicated server, infrastructure, management, or related services provided by MivoCloud, whether paid or free of charge.

“Service Level Agreement” or “SLA” means the document published on the Website that defines service availability commitments and applicable service credits, if any.

“Unmanaged Services” means Services where MivoCloud provides infrastructure and network connectivity only, and where the User is solely responsible for system administration, configuration, security, updates, backups, and data management.

“VPS,” “VDS,” “Virtual Private Server,” or “Virtual Dedicated Server,” means a virtualized server environment allocated to the Client with designated resources but operating on shared physical infrastructure.

“Website” means the official MivoCloud website and any associated customer portals operated by or on behalf of MivoCloud.

3. Scope of Services

3.1 General Description

MivoCloud provides internet hosting and infrastructure services, as described on its website, order forms, service descriptions, or other documentation made available to the Client, including but not limited to shared hosting, virtual private servers (VPS), dedicated servers, cloud computing, storage, add-on services, technical support, and related services (collectively, the “Services”). Services may be provided using MivoCloud-owned infrastructure and/or infrastructure operated by third-party providers.

3.2 No Transfer of Ownership

The User acknowledges and agrees that all hardware, network equipment, infrastructure, IP addresses, and related resources used to provide the Services remain the sole property of MivoCloud or its suppliers. No ownership rights or proprietary interests are transferred to the User under this Agreement.

3.3 Resource Allocation

The Services provide access to computing resources as described on the Website or in a written agreement. Resource allocations, performance characteristics, and availability may vary depending on the Service type and underlying infrastructure. Unless explicitly stated otherwise, resources are not guaranteed to be dedicated and may be subject to fair use and technical limitations.

3.4 Suitability of Services

The User is solely responsible for determining whether the Services are suitable for their intended use. The Services must not be used in environments where failure or interruption could reasonably be expected to result in personal injury, loss of life, or environmental damage.

3.5 Right to Refuse or Modify Services

MivoCloud reserves the right, at its sole discretion, to accept or refuse any order, to impose additional conditions prior to activation, and to modify, upgrade, replace, suspend, or discontinue any Service or part thereof at any time, provided that such actions do not materially breach this Agreement.

3.6 Third-Party Dependencies

The User acknowledges that certain aspects of the Services may depend on third-party networks, data centers, software, or service providers. MivoCloud is not responsible for failures or limitations caused by such third parties beyond its reasonable control.

3.7 Service Management

Unless expressly agreed in writing, MivoCloud does not provide managed services. The Client is solely responsible for the configuration, management, maintenance, security, and operation of its systems, applications, and Content hosted on the Services.

3.8 Operation Systems

MivoCloud does not support any operating system and/or other software which User run and/or use on any Service provided by MivoCloud.

4. Payment, Billing & Taxes

4.1 Pricing and Fees

All prices for the Services are published on the Website or agreed in writing. All the prices are exclusive VAT. MivoCloud reserves the right to modify prices, fees, and charges at any time. Any changes will take effect at the start of the next Billing Cycle. Any custom pricing or special offers must be confirmed in writing by MivoCloud. The User covers all the taxes, duties, costs and expenses resulting from the Purchase.

4.2 Prepaid Services

Unless expressly agreed otherwise, all Services are provided on a prepaid basis. The User is responsible for maintaining a sufficient account balance to cover all active Services, usage-based charges, and renewals.

4.3 Billing Cycles and Invoicing

Services may be billed on a subscription, pay-as-you-go, or usage-based basis, as specified at the time of order. Proforma Invoices, are generated electronically and made available through the Client’s Account. Failure to review an invoice does not relieve the Client of the obligation to pay all amounts due.

4.4 Late Payments and Suspension

If payment is not received by the due date, the Company may, at its sole discretion and without notice:

  • Suspend or restrict access to the Services

  • Terminate the Services

  • Apply late fees or interest to overdue balances

  • Delete data associated with the Account

The Company shall not be responsible for any loss of data or service interruptions resulting from suspension or termination due to non-payment.

4.5 Refund Policy & Cancellations

Unless otherwise required by mandatory law, refunds are limited to the User’s first transaction and must be requested within ten (10) days of account registration. Refunds do not apply to Dedicated Servers, Managed Services, installation fees, usage-based charges, third-party costs, or Services terminated for violation of this Agreement. Approved refunds, if any, are issued to the original payment method within a reasonable processing period.

Upon cancellation or termination of the Services for any reason, the Client is solely responsible for retrieving all Content prior to the effective date of cancellation or termination. The Company may, at its discretion, permanently delete all Content and data associated with the Account after cancellation or termination and shall have no obligation to retain or provide such data.

4.6 Taxes and Duties

All prices are exclusive of applicable taxes, duties, levies, or governmental charges. The User is solely responsible for the payment of all such taxes or charges arising from the purchase or use of the Services, except where MivoCloud is legally required to collect and remit such taxes.

4.7 Chargebacks and Payment Disputes

Initiating a chargeback or payment dispute without first contacting MivoCloud to resolve the issue may result in immediate suspension or termination of the User’s Account. The User remains liable for any fees, penalties, or costs incurred by MivoCloud as a result of chargebacks or disputed transactions.

4.8 Purchasing Orders with a VISA or Mastercard Bank Card

Online payment by bank card is carried out under maximum security conditions. After completing the payment, you will receive a payment confirmation at your email address.

The payment processor uses a secure system based on the latest version of the 3D Secure security standard, which represents a modern global approach to authenticating customers in secure online transactions. This security measure involves redirecting the user, at the time of payment, to a secure MAIB page, where the authentication of each cardholder is performed by assigning a one-time use code for each online transaction.

Refunds are issued only to the payment card used for the original purchase.

To complete a payment, you will be required to enter your bank card details. The transfer of this information is carried out in compliance with all necessary security measures. The information is transmitted in encrypted form and is stored only on a specialized server of the payment system.

For online payments by bank card, the following information will be required:

  • Card number (16 digits)

  • Expiration date (month and year)

  • CVC or CVV code (3 digits)

  • Cardholder’s first and last name

5. Unmanaged Services Disclaimer

5.1 Default Service Model

Unless explicitly stated otherwise in writing by MivoCloud, all Services are provided as Unmanaged Services.

5.2 Scope of Unmanaged Services

For Unmanaged Services, MivoCloud’s responsibility is strictly limited to providing access to infrastructure, network connectivity, and power. MivoCloud does not provide system administration, monitoring, or maintenance of the User’s operating system, software, applications, or data.

5.3 User Responsibilities

The User is solely responsible for all aspects of the operation and security of Unmanaged Services, including but not limited to:

  1. Installation, configuration, and maintenance of the operating system and software;

  2. Security hardening, firewall configuration, patching, and vulnerability management;

  3. User access control, credential security, and authentication;

  4. Data integrity, backups, and recovery;

  5. Compliance with applicable laws and regulations.

5.4 No Monitoring or Intervention Obligation

MivoCloud has no obligation to monitor Unmanaged Services for security incidents, misconfiguration, performance issues, or abuse, nor to intervene, investigate, restore, or recover Unmanaged Services in the event of compromise, data loss, or service disruption.

5.5 No Liability for User Configuration or Security Incidents

MivoCloud shall not be liable for any damages, losses, service interruptions, data loss, security incidents, or unauthorized access arising from or related to the User’s configuration, software, actions, omissions, or failure to properly secure or maintain Unmanaged Services.

5.6 Emergency or Protective Actions

Notwithstanding the foregoing, MivoCloud reserves the right, but not the obligation, to take reasonable technical measures, including suspension or isolation of Services, where necessary to protect the stability, security, or integrity of MivoCloud’s network, infrastructure, or other customers. Such actions shall not be construed as management of the Services.

6. Managed Services Disclaimer

6.1 Optional Nature of Managed Services

Managed Services are not included by default and are provided only if expressly purchased by the User and explicitly described on the Website, in the service order, or in a separate written agreement.

6.2 Scope of Managed Services

Managed Services are limited strictly to the tasks and responsibilities expressly stated in the applicable service description. Any services, tasks, or assistance not explicitly listed are excluded and remain the sole responsibility of the User.

6.3 Best-Effort Basis

Managed Services are provided on a commercially reasonable, best-effort basis and do not constitute a guarantee of uninterrupted operation, security, or error-free performance. Response times, if stated, do not constitute guaranteed resolution times.

6.4 Exclusions

Unless expressly agreed in writing, Managed Services do not include:

  1. Custom software development or application debugging;

  2. Support for proprietary, modified, or unsupported software;

  3. Resolution of issues caused by third-party software, plugins, or integrations;

  4. Security incidents, compromises, or data loss resulting from User actions, weak credentials, outdated software, or pre-existing vulnerabilities;

  5. Recovery of lost, deleted, or corrupted data;

  6. Legal compliance, regulatory audits, or forensic investigations.

6.5 User Cooperation and Access

The User shall provide MivoCloud with all necessary access, credentials, and cooperation required to perform Managed Services. MivoCloud shall not be responsible for delays or failures caused by insufficient access, inaccurate information, or lack of User cooperation.

6.6 Security and Risk Mitigation Actions

MivoCloud reserves the right to recommend, implement, or require reasonable security measures in connection with Managed Services. If the User refuses such measures and continued operation presents a security, legal, or operational risk, MivoCloud may suspend or limit Managed Services without liability.

6.7 No Transfer of Responsibility

The provision of Managed Services does not transfer ownership, control, or ultimate responsibility for the User’s data, applications, or systems to MivoCloud. The User remains responsible for business continuity, data integrity, and compliance obligations.

7. Acceptable Use Policy

The Client agrees to use the Services only for lawful purposes and in accordance with these Terms, the Acceptable Use Policy (“AUP”), and all applicable local, national, and international laws and regulations. Compliance with this AUP is a material condition of the provision of the Services.

The Services may not be used to store, host, transmit, distribute, or facilitate any content or activity that is illegal, harmful, abusive, or otherwise objectionable, as determined by the Company in its sole discretion.

7.1 Prohibited Activities

Without limitation, the Client may not use the Services to engage in, support, or promote any of the following activities:

  • Any activity that violates applicable laws, regulations, court orders, or government requests

  • Hosting, distributing, or transmitting malware, viruses, worms, trojans, ransomware, spyware, or other malicious software

  • Tor Exit relays, Botnet;

  • Phishing, fraud, scams, impersonation, or deceptive practices

  • Sending unsolicited bulk messages or spam, including email, messaging, or network-based spam

  • Distributed denial-of-service (DDoS) attacks or participation in botnets

  • Unauthorized access to networks, systems, or data, including hacking, brute-force attacks, or credential harvesting

  • Copyright infringement or violation of intellectual property rights, including unauthorized distribution of copyrighted material

  • Hosting or distributing content involving child sexual abuse material (CSAM), exploitation, or abuse

  • Use of the Services for harassment, threats, or abuse toward individuals or organizations

  • Cryptomining or blockchain-related activities that consume excessive resources, unless expressly permitted in writing

  • Operating open proxies, open mail relays, or anonymization services without prior written approval

  • Any activity that interferes with, disrupts, or negatively impacts the Company’s infrastructure, network, or other clients

7.2 Resource Abuse

The Client may not use the Services in a manner that unreasonably consumes system resources, bandwidth, storage, or network capacity, or that degrades performance for other clients. The Company reserves the right to determine what constitutes excessive or abusive resource usage.

7.3 Responsibility for Content and Users

The Client is solely responsible for all Content hosted, stored, or transmitted using the Services, as well as for the actions of any end users, employees, contractors, or third parties who access the Services through the Client’s Account.

The Client must take reasonable steps to secure its systems and prevent unauthorized use of the Services.

7.4 Enforcement

The Company reserves the right, but not the obligation, to investigate any suspected violation of this AUP. If the Company determines, in its sole discretion, that a violation has occurred or is likely to occur, it may take any action it deems appropriate, including but not limited to:

  • Warning the Client

  • Throttling or limiting resource usage

  • Suspending or disabling access to the Services

  • Removing or disabling access to Content

  • Terminating the Account immediately and without refund

  • Cooperating with law enforcement or regulatory authorities

The Company shall not be liable for any damages or losses resulting from actions taken in accordance with this AUP.

8. Content & Data Responsibility

The Client retains all right, title, and interest in and to its Content. Nothing in these Terms transfers ownership of the Client’s Content to the Company.

The Client is solely responsible for all Content hosted, stored, processed, transmitted, or otherwise made available through the Services, including the legality, accuracy, quality, integrity, and security of such Content. The Company does not control, verify, or endorse Client Content and assumes no responsibility for it.

The Client represents and warrants that it has all necessary rights, licenses, and permissions to use, store, and transmit its Content through the Services and that such use does not infringe or violate the rights of any third party or applicable law.

The Company has no obligation to monitor Client Content but reserves the right, in its sole discretion, to remove, block, disable access to, or preserve Content if the Company reasonably believes that such Content:

  • Violates these Terms or the Acceptable Use Policy

  • Violates applicable law or third-party rights

  • Is the subject of a legal complaint, takedown notice, or government request

  • Poses a risk to the Company, its infrastructure, or other clients

The Company may comply with lawful requests from courts, law enforcement, or regulatory authorities without notice to the Client where permitted or required by law.

The Client acknowledges that the Company may be required to retain, disclose, or provide access to Content in connection with legal obligations and that the Company shall not be liable for such actions.

The Company shall not be considered a publisher or speaker of Client Content and disclaims all liability arising from Client Content, including claims related to defamation, intellectual property infringement, privacy, or unlawful activity.

9. Customer Responsibilities

9.1 Lawful Use

The User shall use the Services only for lawful purposes and in full compliance with these Terms, the Acceptable Use Policy, and all applicable local, national, and international laws and regulations.

9.2 Account Security

The User is solely responsible for maintaining the confidentiality and security of all account credentials, access keys, passwords, and authentication mechanisms. All activities conducted through the Client’s Account, whether authorized or unauthorized, shall be deemed to have been performed by the Client. The Client accepts full responsibility for any actions, charges, or liabilities arising from the use of the Account.

The Client is responsible for implementing appropriate security measures for its systems, applications, and Content, including but not limited to access controls, encryption, patch management, and malware protection. The Company does not guarantee that the Services are immune from unauthorized access, cyberattacks, or other security incidents.

The Client must notify the Company immediately upon becoming aware of any leak, suspected security breach, outage, unauthorized use of the account/service, and/or compromise of credentials.

9.3 System Administration and Security

Except where Managed Services are expressly purchased, the User is solely responsible for the configuration, administration, operation, maintenance, and security of their Services, including operating systems, applications, user access, and network security.

9.4 Data, Backups, and Business Continuity

The User is solely responsible for maintaining current and reliable backups of all User Content and for implementing appropriate disaster recovery and business continuity measures, regardless of whether MivoCloud provides any backup-related features.

9.5 User Activities

The User is solely responsible for all activities and actions conducted through the Services, including the actions of the User’s employees, contractors, customers, or any third parties with access to the Services.

9.6 Compliance and Cooperation

The User shall promptly cooperate with MivoCloud in connection with any investigation of suspected violations of these Terms, security incidents, abuse reports, or legal requirements, and shall provide accurate and complete information when reasonably requested.

9.7 Prohibited Risk Activities

The User shall not use the Services for any activity where failure or interruption of the Services could lead to result, included but not limited, in personal injury, loss of life, or environmental damage.

9.8 Indemnification Obligation

The User agrees to indemnify, defend, and hold harmless MivoCloud, its officers, employees, affiliates, suppliers, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to:

  1. the User’s use or misuse of the Services;

  2. the User’s violation of these Terms or applicable law;

  3. User Content or activities conducted through the Services.

10. Service Availability & Uptime

10.1 No Guarantee of Continuous Availability

MivoCloud provides the Services on an “as is” and “as available” basis. While MivoCloud endeavors to maintain reliable and continuous service, it does not guarantee that the Services will be uninterrupted, error-free, or available at all times.

10.2 Scheduled and Emergency Maintenance

MivoCloud may perform scheduled or unscheduled maintenance, upgrades, repairs, or modifications to the Services or underlying infrastructure. Such maintenance may result in temporary interruptions or degradation of service. Where reasonably practicable, MivoCloud will provide advance notice of scheduled maintenance, but no notice is required for emergency maintenance.

10.3 Third-Party and External Dependencies

Service availability may be affected by factors beyond MivoCloud’s reasonable control, including but not limited to upstream network providers, data center facilities, power providers, software vendors, internet exchange points, force majeure events, or acts of third parties. MivoCloud shall not be liable for service interruptions or degradation caused by such factors.

10.4 Service Level Agreement

Any commitments regarding service availability or uptime are governed exclusively by the applicable Service Level Agreement (“SLA”), if any. The SLA, where applicable, constitutes the User’s sole and exclusive remedy for service availability issues and is limited to the service credits expressly described therein.

10.5 Unless expressly stated otherwise in the SLA, uptime calculations exclude interruptions resulting from

  1. Scheduled or emergency maintenance;

  2. Force majeure events;

  3. Actions or omissions of the User or third parties;

  4. Security incidents, abuse, or violations of the Acceptable Use Policy;

  5. Failures of third-party networks, software, or services.

10.6 No Liability for Downtime

Except as expressly provided in the SLA, MivoCloud shall have no liability for any service interruptions, downtime, loss of connectivity, or reduced performance, including any resulting loss of data, revenue, or business opportunities.

11. Backups & Data Loss

11.1 User Responsibility for Data

The User acknowledges and agrees that the User is solely responsible for the integrity, preservation, and protection of all User Content. The User shall implement and maintain appropriate data protection, backup, and recovery procedures suitable for their use of the Services.

11.2 No Guaranteed Backups

Unless expressly agreed in writing, MivoCloud does not provide backup or data retention services as part of the Services. Any backup features, snapshots, or data protection tools that may be offered are provided on a best-effort basis only and without any guarantee of availability, completeness, accuracy, or restorability.

11.3 No Liability for Data Loss

MivoCloud shall not be liable for any loss, corruption, destruction, alteration, or unauthorized access to User Content, regardless of the cause, including but not limited to hardware failure, software failure, security incidents, user error, misconfiguration, or third-party actions.

11.4 Testing and Verification

The User is solely responsible for regularly testing backups and verifying the integrity and usability of stored data. MivoCloud has no obligation to test, validate, or verify backups or restoration processes on behalf of the User.

12. Suspension & Termination

12.1 Right to Suspend or Terminate

MivoCloud reserves the right, at its sole discretion, to suspend, restrict, or terminate any Service or the User’s Account, in whole or in part, immediately and without prior notice, where MivoCloud reasonably determines that:

  1. the User has violated these Terms, the Acceptable Use Policy, or any incorporated policy;

  2. the User’s Account balance is insufficient, overdue, or otherwise in default;

  3. the Services are being used for unlawful, abusive, fraudulent, or prohibited activities;

  4. the User fails to cooperate with investigations into suspected violations or security incidents;

  5. the Services pose a risk to the security, stability, or integrity of MivoCloud’s network, infrastructure, or other customers;

  6. MivoCloud reasonably suspects that any User's Service is being accessed or used by third parties without his authorization;

  7. MivoCloud is required to do so by applicable law, regulation, court order, or request from a competent authority;

  8. MivoCloud reasonably suspects that the User is affiliated with an individual or legal entity whose account has previously been suspended or terminated for cause.

12.2 Immediate Protective Actions

MivoCloud may take immediate protective measures, including suspension, isolation, or restriction of Services, where necessary to mitigate security threats, abuse, or operational risk. Such actions do not constitute a breach of this Agreement and do not imply an obligation to provide Managed Services.

12.3 Termination by the User

The User may terminate this Agreement by providing written notice to MivoCloud in accordance with the termination procedures published on the Website. Unless otherwise agreed, termination by the User does not entitle the User to any refund of prepaid fees.

12.4 Termination by MivoCloud

MivoCloud may terminate this Agreement at any time for convenience by providing reasonable notice, or immediately for cause as described in this Section. In cases of termination for cause, MivoCloud is under no obligation to refund any unused or remaining account balance.

12.5 Effect of Suspension

During a suspension:

  • Access to the Services may be limited or disabled

  • Content, data, or services may become temporarily unavailable

  • The Client remains responsible for all applicable fees

The Company is not obligated to provide notice prior to suspension where immediate action is required to protect the Company, its infrastructure, or other clients.

12.6 Effect of Termination

Upon termination of the Services for any reason:

  • All rights granted to the Client under these Terms immediately cease

  • Access to the Services will be permanently disabled

  • All Content and data associated with the Account may be permanently deleted

  • The Company has no obligation to retain, restore, or provide copies of Client data

The Client is solely responsible for retrieving all Content prior to termination. Data deletion may occur immediately upon termination or after a reasonable period, at the Company’s discretion.

12.7 Survival

Any provisions which by their nature should survive termination, including but not limited to provisions relating to payment obligations, limitation of liability, indemnification, confidentiality, and governing law, shall survive termination of this Agreement.

13. Privacy Policy

All collection, storing and use of Your data are governed by the Privacy Policy, which is part of TOS.

14. Service Level Agreement (SLA)

The Service Level Agreement is part of TOS.

15. Limitation of Liability

15.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, MivoCloud shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, business interruption, reputational damage, or loss of anticipated savings, arising out of or in connection with the Services or this Agreement, even if MivoCloud has been advised of the possibility of such damages.

15.2 No Liability for Certain Events

Without limiting the foregoing, MivoCloud shall not be liable for any damages, losses, or liabilities arising from or related to:

  1. service interruptions, downtime, or reduced performance;

  2. data loss, corruption, or unauthorized access;

  3. security incidents, cyberattacks, malware, or denial-of-service attacks;

  4. acts or omissions of the User or any third party;

  5. failures of third-party networks, data centers, software, or service providers;

  6. force majeure events or circumstances beyond MivoCloud’s reasonable control.

15.3 Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of the Company for any and all claims arising out of or related to this Agreement or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total fees actually paid by the Client to the Company for the affected Service during the sixty (60) days immediately preceding the event giving rise to the claim.

15.4 Essential Basis of the Bargain

The User acknowledges and agrees that the limitations of liability set forth in this Section are an essential basis of the bargain between the parties and that the Services would not be provided without such limitations.

16. Indemnification

16.1 Indemnification Obligation

The User agrees to indemnify, defend, and hold harmless MivoCloud, its officers, directors, employees, affiliates, suppliers, and partners from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:

  1. the User’s use or misuse of the Services;

  2. any violation of these Terms, the Acceptable Use Policy, or applicable law by the User;

  3. any User Content, including claims that such content infringes intellectual property, privacy, or other rights of third parties;

  4. security incidents, abuse, or unlawful activities originating from or conducted through the User’s Services;

  5. actions or omissions of the User’s employees, contractors, customers, or any third parties with access to the Services.

16.2 Survival

The obligations set forth in this Section shall survive the suspension or termination of this Agreement and the User’s use of the Services.

17. Warranties Disclaimer

17.1 Services Provided “As Is”

The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, MivoCloud disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise.

17.2 No Implied Warranties

Without limiting the foregoing, MivoCloud expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising from course of dealing, usage, or trade practice.

17.3 No Guarantee of Performance or Security

MivoCloud does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from vulnerabilities, defects, or harmful components. MivoCloud does not guarantee that any security measures will prevent unauthorized access, data loss, or security incidents.

17.4 No Warranty for User Content and Third-Party Components

MivoCloud does not monitor and have no liability regarding User Content, third-party software, third-party services, or integrations used in connection with the Services, including their availability, reliability, accuracy, or legality.

17.5 User Responsibility

The User acknowledges that they rely on the Services at their own risk and that they are solely responsible for determining whether the Services are suitable for their intended use, including compliance with applicable laws and regulatory requirements.

18. Force Majeure

18.1 Force Majeure Events

MivoCloud shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from events beyond its reasonable control (“Force Majeure Events”).

18.2 Examples of Force Majeure Events

Force Majeure Events include, but are not limited to:

  1. natural disasters, acts of God, fire, flood, earthquake, or extreme weather conditions;

  2. war, armed conflict, terrorism, civil unrest, riots, or acts of sabotage;

  3. governmental actions, sanctions, embargoes, changes in law, or orders of competent authorities;

  4. power failures, utility outages, or failures of telecommunications networks;

  5. failures or disruptions of upstream providers, data centers, internet exchange points, or other third-party infrastructure;

  6. labor disputes, strikes, or shortages of personnel;

  7. epidemics, pandemics, or public health emergencies;

  8. cyberattacks, large-scale denial-of-service attacks, or widespread internet disruptions not caused by MivoCloud’s gross negligence or willful misconduct.

18.3 Effect of Force Majeure

During the continuation of a Force Majeure Event, MivoCloud’s obligations under this Agreement shall be suspended to the extent affected by such event, and the time for performance shall be extended accordingly. MivoCloud shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to restore the Services as soon as practicable.

18.4 No Termination or Liability

A Force Majeure Event shall not constitute a breach of this Agreement and shall not give rise to any liability, damages, refunds, or service credits, except as may be expressly required by mandatory law.

19. Modifications to Services or Terms

19.1 Modifications to Services

MivoCloud reserves the right, at its sole discretion, to modify, upgrade, replace, suspend, or discontinue any Service or any part thereof, including features, functionality, pricing, resource allocations, or technical specifications, at any time. Such modifications may be made to maintain service quality, ensure security, comply with legal requirements, or adapt to operational or business needs.

19.2 Material Changes to Services

Where a modification materially reduces the core functionality of a paid Service, MivoCloud will use commercially reasonable efforts to notify the User in advance. Continued use of the affected Service following such modification constitutes acceptance of the change.

19.3 Modifications to Terms

MivoCloud may amend these Terms from time to time. Updated versions will be published on the Website and, where appropriate, notified to the User by electronic means. Unless otherwise stated, modified Terms shall become effective thirty (30) days after publication.

19.4 Acceptance of Modifications

Continued use of the Services after the effective date of any modification constitutes acceptance of the modified Services or Terms. If the User does not agree to the modifications, the User may terminate the Agreement in accordance with these Terms prior to the effective date.

20. Governing Law & Dispute Resolution

20.1 Governing Law

This Agreement and any dispute, claim, or controversy arising out of or in connection with the Services or this Agreement shall be governed by and construed in accordance with the laws of the Republic of Moldova, without regard to its conflict of law principles.

20.2 Jurisdiction and Venue

Unless otherwise required by mandatory applicable law, the courts of the Republic of Moldova shall have exclusive jurisdiction over any dispute, claim, or legal proceeding arising out of or relating to this Agreement or the Services. The User irrevocably submits to the personal jurisdiction and venue of such courts.

20.3 Good Faith Resolution

Before initiating formal legal proceedings, the parties agree to use commercially reasonable efforts to resolve disputes in good faith through informal discussions for a period of at least thirty (30) days, unless such delay would result in irreparable harm.

20.4 Equitable Relief

Nothing in this Agreement shall prevent MivoCloud from seeking injunctive or other equitable relief in any competent jurisdiction to protect its intellectual property, confidential information, or network infrastructure.

Updated: 09.02.2026