Terms of Service
Last updated: 2026-05-02 | Version 2.3
Plain-language summary: These Terms govern your use of G4 Cloud services. You retain ownership of your data. We provide the service “as is” with a 99.99% uptime commitment on Business and Enterprise plans. Annual plans are billed upfront with prorated refunds available. Liability is capped at the fees you paid in the 12 months prior to the claim. Disputes are resolved by binding arbitration in Delaware.
1. Parties
These Terms of Service (“Terms”) are entered into between G4 Cloud Inc., a Delaware corporation with its principal place of business at 1209 Orange Street, Wilmington, DE 19801, United States (“G4,” “we,” “us,” “our”), and the entity or person agreeing to these Terms (“Customer,” “you,” “your”).
2. Definitions
- “Agreement” means these Terms, any Order Form, the DPA, AUP, and SLA, collectively.
- “Authorised User” means an individual granted access to the Service by or on behalf of Customer.
- “Confidential Information” means all non-public information disclosed by one party to the other, whether written, oral, or electronic, that is designated as confidential or reasonably should be understood to be confidential.
- “Customer Data” means any data, content, or materials uploaded, submitted, or transmitted to the Service by or on behalf of Customer or its Authorised Users.
- “DPA” means the Data Processing Addendum attached hereto.
- “Order Form” means an ordering document executed by both parties specifying the Service plan, fees, term, and other commercial terms.
- “Service” means the G4 Cloud software-as-a-service offering(s) identified in an Order Form, including any related APIs, documentation, and support.
- “SLA” means the Service Level Agreement attached hereto.
- “AUP” means the Acceptable Use Policy attached hereto.
3. Access and Use
3.1 Grant of Access
Subject to these Terms, G4 grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Term for its internal business purposes, in accordance with the applicable Order Form.
3.2 Authorised Users
Customer may permit Authorised Users to access the Service. Customer is responsible for: (a) the compliance of all Authorised Users with these Terms and the AUP; (b) the accuracy, quality, and legality of Customer Data; (c) maintaining the confidentiality of all login credentials; and (d) all activities that occur under Customer’s account.
3.3 Usage Limits
Service plans include certain usage limits (e.g., number of users, storage capacity, API calls) as specified in the applicable Order Form. Exceeding these limits may result in additional fees or service degradation. G4 will provide reasonable notice before enforcing any overage charges.
4. Fees and Payment
4.1 Fees
Customer shall pay all fees specified in each Order Form. Fees are non-cancellable and, except as expressly set forth herein, non-refundable.
4.2 Payment Terms
Fees are due within thirty (30) days of the invoice date. Late payments shall accrue interest at the rate of 1.5% per month or the highest rate permitted by law, whichever is lower.
4.3 Taxes
Customer is responsible for all applicable sales, use, VAT, GST, and other taxes, excluding taxes based on G4’s net income.
4.4 Prorated Refunds
If Customer upgrades its plan mid-cycle, the difference shall be prorated for the remainder of the billing period. If Customer downgrades, the new rate applies at the next billing cycle; no refunds are issued for the remainder of the current cycle unless expressly agreed in writing.
5. Customer Data and Privacy
5.1 Data Ownership
As between G4 and Customer, Customer retains all right, title, and interest in and to Customer Data. These Terms do not grant G4 any ownership rights in Customer Data.
5.2 Data Processing
G4 will process Customer Data only in accordance with the DPA and applicable data protection laws.
5.3 Data Retention
Upon termination of the Agreement, Customer may export its Customer Data within thirty (30) days. After such period, G4 will delete all Customer Data in accordance with its deletion policies, except where retention is required by law.
5.4 Security
G4 maintains a comprehensive information security program that includes administrative, technical, and physical safeguards designed to protect Customer Data. Details are set forth in the Security documentation.
6. Intellectual Property
6.1 G4 IP
As between the parties, G4 retains all right, title, and interest in and to the Service, including all software, APIs, documentation, and any improvements, modifications, or derivative works thereof.
6.2 Feedback
If Customer provides feedback or suggestions regarding the Service, G4 may use such feedback without restriction or obligation.
7. Confidentiality
7.1 Obligations
Each party agrees to: (a) hold the other’s Confidential Information in strict confidence; (b) not disclose such information to any third party except as necessary to perform its obligations under the Agreement; and (c) use such information only for purposes of performing under the Agreement.
7.2 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law.
8. Warranties and Disclaimers
8.1 Mutual Warranties
Each party represents and warrants that: (a) it has the full power and authority to enter into the Agreement; and (b) it will comply with all applicable laws and regulations.
8.2 Service Warranty
G4 warrants that the Service will conform in all material respects to the applicable SLA. Customer’s sole remedy for breach of this warranty is set forth in the SLA.
8.3 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” G4 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT SHALL EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO G4 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY.
9.3 Exceptions
The limitations in Sections 9.1 and 9.2 do not apply to: (a) either party’s indemnification obligations; (b) either party’s breach of confidentiality obligations; (c) either party’s infringement of the other’s intellectual property rights; or (d) Customer’s breach of the AUP.
10. Indemnification
10.1 By G4
G4 will defend, indemnify, and hold Customer harmless from and against any third-party claim alleging that the Service infringes any patent, copyright, trademark, or trade secret.
10.2 By Customer
Customer will defend, indemnify, and hold G4 harmless from and against any third-party claim arising from: (a) Customer Data; (b) Customer’s use of the Service in violation of the AUP; or (c) Customer’s breach of applicable law.
11. Term and Termination
11.1 Term
The Agreement commences on the Effective Date and continues for the Initial Term specified in the applicable Order Form, and thereafter renews for successive renewal terms unless either party provides at least thirty (30) days’ written notice of non-renewal.
11.2 Termination for Cause
Either party may terminate the Agreement upon written notice if the other party: (a) materially breaches the Agreement and fails to cure within thirty (30) days of receiving written notice; or (b) becomes insolvent, files for bankruptcy, or ceases operations.
11.3 Termination for Convenience
Customer may terminate the Agreement at any time with immediate effect by deactivating its account through the admin console and providing written notice.
11.4 Effect of Termination
Upon termination: (a) all rights granted under the Agreement cease immediately; (b) Customer must cease all use of the Service; (c) Customer has thirty (30) days to export its Customer Data; and (d) G4 will delete Customer Data after such period, subject to legal retention requirements.
12. Governing Law and Dispute Resolution
12.1 Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
12.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to the Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be held in Wilmington, Delaware. Judgment on the award may be entered in any court having jurisdiction.
12.3 Equitable Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
13. General Provisions
13.1 Entire Agreement
The Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, and communications.
13.2 Amendments
G4 may modify these Terms from time to time by posting the updated version and notifying Customer via email or in-product notification. Continued use of the Service after the effective date of the modification constitutes acceptance of the modified Terms.
13.3 Assignment
Neither party may assign the Agreement without the other’s prior written consent, except that either party may assign the Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
13.4 Waiver and Severability
The failure to enforce any provision of the Agreement shall not constitute a waiver. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
13.5 Force Majeure
Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or internet infrastructure failures.
13.6 Notices
All notices shall be in writing and sent to the addresses set forth in the applicable Order Form, or to G4 at legal@g4.business.
13.7 Relationship
The parties are independent contractors. Nothing in the Agreement creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.