Hosting Terms of Service
Aileron Shift LLC · Last updated October 18, 2026
Acceptance of These Terms
These Hosting Terms of Service (the "Agreement") are a binding contract between Aileron Shift LLC, a California limited liability company, 636 Cypress Avenue, Hermosa Beach, CA 90254 ("Provider," "we," or "us"), and the business or organization that signs up for the Services ("Client" or "you"). Provider and Client are each a "Party."
Please read this Agreement carefully. Section 10 requires most disputes to be resolved by binding individual arbitration and waives jury trials and class actions. Section 9.1 describes automatic renewal.
How you accept. You accept this Agreement by checking the box indicating your agreement and completing signup, by signing an Order Form that references it, or by using the Services. This Agreement takes effect on the date you first accept it (the "Effective Date"). If you do not agree, do not sign up for or use the Services.
Authority and eligibility. The individual accepting this Agreement represents that they are at least 18 years old and have authority to bind the business or organization named during signup, and that the Services are being purchased for business purposes and not for personal, family, or household use. If the individual has no such authority, the individual is personally bound by this Agreement.
Electronic acceptance. Your electronic acceptance is your signature under the federal E-SIGN Act and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) and has the same effect as a handwritten signature.
1. Definitions
1.1 "Acceptable Use Policy" or "AUP" means the rules in Section 3.3.
1.2 "Client Content" means all data, text, images, video, audio, code, software, domain names, and other materials that Client, its users, or anyone acting on Client's behalf uploads, stores, transmits, or displays through the Services, including End User data.
1.3 "Confidential Information" means non-public information disclosed by one Party to the other that is marked confidential or that a reasonable person would understand to be confidential, including pricing, credentials, security practices, and business plans. It excludes information that is or becomes public through no fault of the recipient, was already known to the recipient without restriction, is independently developed, or is rightfully received from a third party without a duty of confidentiality.
1.4 "End User" means any person who accesses or uses a Hosted Property.
1.5 "Hosted Property" means each website, application, database, email service, or other digital property identified in an Order Form.
1.6 "Infrastructure Provider" means any third-party data center, cloud, CDN, DNS, email, or platform vendor Provider uses to deliver the Services.
1.7 "Order Form" means the hosting plan Client selects during online signup, including the plan name, features, resource limits, fees, and billing period shown on Provider's website or checkout page at the time of purchase and in Provider's order confirmation email, together with any later plan change Client makes in its account and any written proposal or statement of work the Parties agree to that references this Agreement.
1.8 "Services" means the hosting, maintenance, monitoring, support, and related services described in an Order Form.
1.9 "Service Level Agreement" or "SLA" means Exhibit B.
2. Services
2.1 Provision of Services. Provider will provide the Services described in each Order Form in a professional and workmanlike manner consistent with generally accepted industry standards. Each Order Form is governed by this Agreement.
2.2 Service Levels. Provider will use commercially reasonable efforts to meet the availability target in the SLA. Service credits under the SLA are Client's sole and exclusive remedy for any failure to meet that target.
2.3 Support. Provider will provide support through the channels and during the hours stated in the Order Form. Work outside the scope of an Order Form, including new features, redesigns, content entry, third-party integrations, and recovery from incidents caused by Client, is billed at Provider's then-current hourly rate or under a separate Order Form.
2.4 Maintenance. Provider may perform scheduled maintenance and will give Client at least 48 hours' notice by email where practicable. Provider may perform emergency maintenance without notice to address security vulnerabilities, abuse, or threats to infrastructure stability.
2.5 Infrastructure Providers. Provider may use Infrastructure Providers to deliver the Services and may change them at its discretion, provided the change does not materially reduce the Services. Provider is not responsible for outages, data loss, or failures caused by an Infrastructure Provider, except to the extent caused by Provider's own negligence, and Client's remedies for those events are limited to the SLA.
2.6 Domains and Third-Party Accounts. Domain names, SSL certificates, and third-party licenses registered for Client remain Client's property and, where practicable, will be registered in Client's name. Client is responsible for renewal fees unless the Order Form states otherwise. Provider is not liable for lapses caused by expired payment methods, invalid contact details, or Client's failure to approve renewals.
2.7 Changes to Services. Provider may modify the technical means of delivering the Services, including software versions, server configurations, and hosting locations within the United States, provided the modification does not materially degrade the Services.
3. Client Obligations, Acceptable Use, and Compliance with Laws
3.1 Responsibility for Content and Use. Client is solely responsible for all Client Content, for the conduct of its End Users and personnel, and for all activity under its accounts. Client will keep credentials confidential and notify Provider promptly of any unauthorized access.
3.2 Compliance with Laws. Client will use the Services, and will ensure each Hosted Property and all Client Content complies, with all applicable federal, state, local, and foreign laws and regulations, including without limitation:
- privacy and data protection laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA"), the California Online Privacy Protection Act, and any other state or foreign privacy law that applies to Client's End Users;
- marketing and communications laws, including CAN-SPAM, the Telephone Consumer Protection Act, and California Business and Professions Code § 17529.5;
- consumer protection, advertising, sweepstakes, and automatic renewal laws applicable to Client's offerings;
- accessibility laws, including the Americans with Disabilities Act and California's Unruh Civil Rights Act, as they apply to Client's Hosted Property;
- intellectual property, export control, and economic sanctions laws; and
- industry rules Client is subject to, including PCI DSS for any payment card data.
Client is solely responsible for its privacy policy, terms of use, cookie and consent mechanisms, and accessibility conformance, unless an Order Form expressly makes Provider responsible for a specified deliverable. Provider's hosting of a Hosted Property is not a representation that the Hosted Property complies with any law.
3.3 Acceptable Use Policy. Client will not, and will not permit any person to, use the Services to:
- store, transmit, or display content that is unlawful, defamatory, obscene, harassing, threatening, or that promotes violence or discrimination;
- store or transmit child sexual abuse material, which Provider will report to the National Center for Missing and Exploited Children and law enforcement as required by law;
- infringe or misappropriate any copyright, trademark, patent, trade secret, right of publicity, or privacy right;
- send unsolicited bulk email or messages, operate open relays, or host sites advertised through spam;
- distribute malware, conduct phishing, or host content that impersonates another person or organization;
- probe, scan, or test the vulnerability of any system, or breach security or authentication measures, without written authorization;
- launch or participate in denial-of-service attacks or otherwise interfere with any network, server, or user;
- mine cryptocurrency, run resource-intensive processes not described in the Order Form, or exceed allocated resources in a way that degrades service to others;
- collect, sell, or process personal information without a lawful basis and any required notice or consent;
- operate unlicensed gambling, sell controlled substances or other illegal goods, or engage in any activity prohibited by law; or
- resell, sublicense, or provide the Services to third parties except as stated in the Order Form.
Provider may update the AUP on 30 days' written notice. Changes required by law or to address security threats take effect immediately.
3.4 Enforcement. Provider has no obligation to monitor Client Content but may investigate suspected violations. If Provider reasonably believes Client or a Hosted Property violates Section 3, Provider may remove or disable access to the content at issue, suspend all or part of the Services, or both. Provider will give notice before acting where practicable, and may act immediately where it reasonably believes the violation creates legal liability, a security risk, or harm to others. Provider may cooperate with law enforcement and comply with lawful subpoenas, warrants, and court orders.
3.5 Client Cooperation. Client will provide timely access, approvals, content, and information Provider reasonably requests. Provider is not responsible for delays or failures caused by Client's failure to do so.
4. Fees and Payment
4.1 Fees. Client will pay the fees in each Order Form. Recurring fees are billed in advance for each billing period. Setup, overage, and hourly fees are billed in arrears.
4.2 Payment Terms. By providing a payment card or bank account at signup, Client authorizes Provider and its payment processor to charge that payment method for all fees when due, including recurring fees at the start of each billing period, until Client cancels under Section 9. Client will keep its payment information current. If a charge fails, Provider may retry it and will notify Client by email. Where Provider has agreed in writing to invoice Client, invoices are due within 15 days of the invoice date. All fees are in U.S. dollars and are non-refundable except as expressly stated in this Agreement.
4.3 Late Payment. Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, from the due date until paid. Client will reimburse Provider's reasonable costs of collection, including attorneys' fees and collection agency fees.
4.4 Suspension for Non-Payment. If any undisputed amount is more than 10 days overdue, Provider may suspend the Services after giving Client at least 5 business days' written notice. Fees continue to accrue during suspension. Provider may charge a reasonable reinstatement fee stated in the Order Form.
4.5 Disputed Invoices. Client must notify Provider in writing of any good-faith invoice dispute within 15 days of the invoice date, with reasonable detail, and must pay all undisputed amounts when due. Invoices not disputed within that period are deemed accepted.
4.6 Taxes. Fees exclude all sales, use, value-added, and similar taxes. Client is responsible for all such taxes other than taxes on Provider's net income.
4.7 Price Changes. Provider may increase recurring fees effective at the start of any renewal term by giving at least 60 days' written notice. Provider may pass through documented increases in Infrastructure Provider or licensing costs attributable to Client's Hosted Property on 30 days' written notice, and Client may terminate the affected Services without penalty within that notice period if the increase exceeds 10%.
5. Client Data, Security, Privacy, and Confidentiality
5.1 Ownership of Client Content. As between the Parties, Client owns all Client Content. Client grants Provider a non-exclusive, worldwide, royalty-free license to host, copy, store, transmit, cache, back up, and display Client Content solely as needed to provide the Services, comply with law, and enforce this Agreement.
5.2 Client Representations about Content. Client represents and warrants that it has all rights, licenses, notices, and consents required to provide Client Content to Provider and to have Provider process it under this Agreement, and that Client Content and its processing do not violate any law or third-party right.
5.3 Security. Provider will maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the Services, designed to protect Client Content against unauthorized access, loss, or alteration. Client is responsible for the security of its own devices, credentials, application code it supplies, plugins or extensions it installs, and any access it grants to third parties. No system is completely secure, and Provider does not guarantee that the Services will be free from unauthorized access.
5.4 Security Incidents. If Provider confirms unauthorized access to Client Content in Provider's possession or control, Provider will notify Client without undue delay, and in any event within 72 hours of confirmation, and will provide information reasonably available to help Client meet its own notification obligations. Client is responsible for notifying its End Users and regulators where Client is the business or controller of the affected data.
5.5 Personal Information; CCPA Service Provider Terms. To the extent Provider processes personal information on Client's behalf, Provider acts as Client's "service provider" under the CCPA and will: (a) process the personal information only for the business purpose of providing the Services as specified in this Agreement; (b) not sell or share it, as those terms are defined in the CCPA; (c) not retain, use, or disclose it outside the direct business relationship with Client or for any purpose other than the business purpose, except as the CCPA permits; (d) not combine it with personal information from other sources except as the CCPA permits; (e) comply with applicable CCPA obligations and provide the same level of protection the CCPA requires; (f) notify Client if Provider determines it can no longer meet these obligations; and (g) permit Client to take reasonable and appropriate steps to stop and remediate unauthorized use. Provider may engage Infrastructure Providers as subcontractors on terms no less protective than this Section.
5.6 Regulated Data. Client will not store or transmit protected health information under HIPAA, full payment card numbers outside a PCI DSS-compliant third-party processor, government identification numbers, or data subject to export control on the Services unless the Parties sign a written addendum that specifically covers that data. Provider is not a HIPAA business associate unless the Parties sign a business associate agreement.
5.7 Backups. All hosting plans contain nightly backups stored for 30 days. Client may restore backups on demand via the Avionics hosting console with the understanding that restoring from a backup may cause downtime not covered in the SLA.
5.8 Confidentiality. Each Party will use the other's Confidential Information only to perform or receive the Services, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, and advisors who need to know it and are bound by confidentiality duties at least as protective as this Section. A Party may disclose Confidential Information when required by law or legal process, after giving the other Party prompt notice where lawful so it may seek a protective order. These obligations survive for 3 years after termination, and for trade secrets and credentials, for as long as they remain confidential.
5.9 Aggregate Data. Provider may collect and use technical and performance data about the operation of the Services, such as uptime, traffic volume, and resource usage, to operate, secure, and improve its services, provided the data does not identify Client or any individual.
6. Intellectual Property and Copyright Complaints
6.1 Provider Materials. Provider and its licensors retain all right, title, and interest in the Services, Provider's infrastructure, configurations, scripts, tools, templates, know-how, and documentation ("Provider Materials"). No rights are granted except as expressly stated.
6.2 Deliverables. Ownership of websites, designs, and code Provider creates for Client is governed by the applicable development agreement or Order Form. If none applies, Provider grants Client a non-exclusive, perpetual license to use any Provider Materials embedded in a Hosted Property solely to operate that Hosted Property, effective upon payment in full.
6.3 Feedback. Provider may use any suggestions or feedback Client provides about the Services without restriction or obligation.
6.4 Third-Party Software. The Services may include open-source software, plugins, themes, or third-party services, each governed by its own license or terms. Client will comply with those terms. Provider makes no warranty about third-party software and is not responsible for vulnerabilities, discontinuation, or license changes by its publishers.
6.5 Copyright Complaints (DMCA). Provider respects intellectual property rights and responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices should be sent to Provider's designated agent: Legal Department, Aileron Shift LLC, 636 Cypress Avenue, Hermosa Beach, CA 90254, hello@aileronshift.com. On receipt of a compliant notice, Provider may remove or disable the identified material and will notify Client. Client may submit a counter-notification as permitted by law. Provider will, in appropriate circumstances, terminate the Services of clients who are repeat infringers.
7. Warranties, Disclaimers, and Limitation of Liability
7.1 Mutual Warranties. Each Party represents and warrants that it is duly organized and in good standing, has full authority to enter into this Agreement, and that its performance will not breach any other agreement it is bound by.
7.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA WILL NOT BE LOST, OR THAT ANY HOSTED PROPERTY WILL ACHIEVE ANY SEARCH RANKING, TRAFFIC, OR BUSINESS RESULT.
7.3 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID AND PAYABLE BY CLIENT TO PROVIDER UNDER THIS AGREEMENT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
7.5 Exceptions. Sections 7.3 and 7.4 do not limit: (a) Client's obligation to pay fees; (b) Client's indemnification obligations under Section 8.1; (c) either Party's liability for breach of Section 5.8 (Confidentiality), except that Provider's liability for a security incident is subject to Section 7.4; or (d) either Party's liability for fraud, willful injury, gross negligence, willful misconduct, or violation of law, to the extent California Civil Code § 1668 or other applicable law prohibits limiting that liability.
7.6 Basis of the Bargain. The Parties agree that the disclaimers and limitations in this Section 7 allocate risk between them, are reflected in the fees, and are an essential basis of the bargain.
8. Indemnification
8.1 By Client. Client will defend, indemnify, and hold harmless Provider and its members, managers, officers, employees, contractors, and agents from and against all third-party claims, demands, suits, regulatory actions, and proceedings, and all resulting losses, damages, judgments, settlements, fines, penalties, costs, and reasonable attorneys' fees, arising out of or relating to:
- Client Content, including any claim that it infringes, misappropriates, or violates a third party's rights or is unlawful;
- the operation of any Hosted Property, including Client's products, services, advertising, privacy practices, and dealings with End Users;
- Client's or its End Users' violation of the Acceptable Use Policy or any applicable law or regulation;
- Client's breach of Sections 3, 5.2, or 5.6; or
- the negligence or willful misconduct of Client or its personnel.
8.2 By Provider. Provider will defend, indemnify, and hold harmless Client and its officers and employees from and against third-party claims, and resulting losses, damages, judgments, settlements, and reasonable attorneys' fees, to the extent arising from: (a) a claim that Provider Materials, as provided by Provider and used in accordance with this Agreement, infringe a United States copyright or misappropriate a trade secret; or (b) Provider's gross negligence or willful misconduct. Provider has no obligation for claims arising from Client Content, third-party or open-source software, modifications not made by Provider, or combinations with items not supplied by Provider. If Provider Materials become or are likely to become subject to an infringement claim, Provider may modify or replace them, obtain a license, or terminate the affected Services and refund prepaid fees for the unused period. This Section 8.2 states Provider's entire liability for infringement claims.
8.3 Procedure. The indemnified Party will: (a) give the indemnifying Party prompt written notice of the claim, although delay excuses the indemnifying Party only to the extent it is materially prejudiced; (b) give the indemnifying Party sole control of the defense and settlement, except that no settlement may impose any obligation or admission on the indemnified Party without its prior written consent, which will not be unreasonably withheld; and (c) provide reasonable cooperation at the indemnifying Party's expense. The indemnified Party may participate with counsel of its choice at its own expense.
9. Term and Termination
9.1 Term and Automatic Renewal. This Agreement begins on the Effective Date and continues until all of Client's subscriptions have ended. Each subscription automatically renews at the end of each billing period for another period of the same length (monthly or annual, as selected at signup), and Provider will charge Client's payment method on file the then-current recurring fee for the plan at each renewal, until Client cancels. The recurring fee, billing period, and renewal terms are shown at checkout before Client completes signup and are confirmed in the order confirmation email. For annual plans, Provider will email Client a reminder at least 15 and no more than 45 days before each renewal, stating the renewal date, the amount, and how to cancel. Provider will notify Client by email at least 7 days before any renewal that follows a free trial or promotional price.
9.2 Termination for Cause. Either Party may terminate this Agreement or an Order Form on written notice if the other Party: (a) materially breaches this Agreement and fails to cure within 30 days after written notice describing the breach (10 days for non-payment); or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy, receivership, or similar proceedings.
9.3 Immediate Termination by Provider. Provider may terminate immediately on written notice if Client commits a serious or repeated violation of Section 3, or if continuing to provide the Services would expose Provider to legal liability, a regulatory order, or a material security risk.
9.4 Cancellation by Client. Client may cancel any subscription at any time online through its account dashboard or by emailing hello@aileronshift.com from the account's registered email address. Provider will confirm the cancellation by email. Cancellation takes effect at the end of the then-current billing period. Client keeps access to the Services until then, and no further recurring charges will be made. Fees already paid for the current billing period are non-refundable, except as stated in Sections 4.7 and Exhibit B or where required by law. If a signed proposal or Order Form sets a minimum commitment term, Client may cancel early only by paying the remaining fees for that committed term.
9.5 Effect of Termination. On termination or expiration: (a) all unpaid fees through the end of the then-current term (or through the termination date, if Client terminates under Section 9.2) become immediately due; (b) Client's right to use the Services ends; and (c) each Party will return or destroy the other's Confidential Information, except as retained in routine backups or as required by law.
9.6 Data Export and Transition. If Client's account is current, Provider will make Client Content available for export in its existing format for 30 days after termination. Migration assistance, DNS transfers, and transfer of server configurations are provided at Provider's then-current hourly rates. After that 30-day period, Provider has no obligation to retain Client Content and may delete it, including from backups in the normal course of rotation. Provider may withhold transfer of Provider Materials and deliverables until all amounts owed are paid, but will not withhold Client's domain names or Client Content beyond what applicable law permits.
9.7 Survival. Sections 1, 4 (as to amounts owed), 5.1, 5.2, 5.8, 6, 7, 8, 9.5 through 9.7, and 10, and any other provision that by its nature should survive, survive termination or expiration.
10. General Provisions
10.1 Governing Law. This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
10.2 Informal Resolution. Before starting arbitration, a Party must give the other written notice of the dispute, and senior representatives of both Parties will negotiate in good faith for at least 30 days.
10.3 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, scope, or enforceability, that is not resolved under Section 10.2 will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules (or its Comprehensive Rules if the amount in controversy exceeds $250,000), before a single arbitrator, seated in Los Angeles County, California. The arbitrator may award any remedy available in court, and judgment on the award may be entered in any court of competent jurisdiction. Claims may be brought only in a Party's individual capacity and not as a class or representative action. BY AGREEING TO ARBITRATION, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Arbitration opt-out. Client may opt out of this Section 10.3 by emailing hello@aileronshift.com within 30 days after first accepting this Agreement, stating Client's legal name, account email, and that it opts out of arbitration. If Client opts out, disputes will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and the rest of this Agreement still applies. Any change Provider makes to this Section 10.3 will not apply to a dispute of which Provider had notice before the change took effect.
10.4 Exceptions to Arbitration. Either Party may: (a) bring an individual action in small claims court for a claim within its jurisdiction; (b) seek temporary, preliminary, or permanent injunctive relief in court to protect its intellectual property or Confidential Information or to stop a violation of Section 3; and (c) bring an action in court to collect undisputed fees. Any such court action will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each Party consents to their personal jurisdiction.
10.5 Attorneys' Fees. In any arbitration or action to enforce this Agreement, the prevailing Party is entitled to recover its reasonable attorneys' fees and costs.
10.6 Force Majeure. Neither Party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, labor disputes not involving the affected Party's own workforce, government action, utility or internet backbone failures, Infrastructure Provider outages, and large-scale cyberattacks that could not reasonably have been prevented. The affected Party will give prompt notice and use reasonable efforts to resume performance.
10.7 Independent Contractors. The Parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship.
10.8 Assignment. Client may not assign or transfer this Agreement without Provider's prior written consent. Provider may assign this Agreement without consent to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its relevant assets, on written notice. Any prohibited assignment is void. This Agreement binds and benefits permitted successors and assigns.
10.9 Subcontractors. Provider may use subcontractors and Infrastructure Providers to perform the Services and remains responsible for its subcontractors' performance of Provider's obligations.
10.10 Notices. Legal notices must be in writing and delivered by hand, nationally recognized overnight courier, or email with confirmation of receipt, to the addresses in the Order Form (for Provider: Aileron Shift LLC, 636 Cypress Avenue, Hermosa Beach, CA 90254, hello@aileronshift.com). Operational notices, including maintenance and AUP updates, may be given by email or through Provider's client portal. Notices are effective on receipt.
10.11 Publicity. Provider may identify Client by name and logo as a client on its website and marketing materials unless Client opts out in writing.
10.12 Electronic Communications. Client consents to receive all agreements, notices, invoices, receipts, renewal reminders, and other communications from Provider electronically, by email to the account's registered address or through Client's account dashboard. Client is responsible for keeping that email address current, and notices sent to it are deemed received.
10.13 Entire Agreement; Order of Precedence. This Agreement, including its exhibits and all Order Forms, is the Parties' entire agreement on its subject and supersedes all prior or contemporaneous agreements, proposals, and representations. If there is a conflict, the following order of precedence applies: (a) an Order Form, only as to the specific Services it covers and only if it expressly identifies the Section it overrides; (b) the body of this Agreement; and (c) the exhibits. Terms in any Client purchase order or vendor portal are void.
10.14 Changes to This Agreement; Waiver. Provider may update this Agreement by posting the revised version on its website with a new "Last updated" date and emailing Client at least 30 days before the change takes effect. Changes required by law or to address security threats may take effect sooner. Continued use of the Services after the effective date constitutes acceptance. If a change materially and adversely affects Client, Client may cancel before it takes effect and receive a pro-rata refund of prepaid fees for the unused portion of the then-current billing period. Any other amendment must be in a writing signed by both Parties. A failure or delay to enforce any provision is not a waiver.
10.15 Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and modified to reflect the Parties' intent, and the remaining provisions remain in full effect. If the class action waiver in Section 10.3 is found unenforceable, the affected claims will proceed in the courts identified in Section 10.4.
10.16 No Third-Party Beneficiaries. Except for the indemnified persons named in Section 8, this Agreement does not confer any rights on any third party.
10.17 Export. Client will not use or permit access to the Services in violation of U.S. export control or sanctions laws, or by any person on a U.S. government restricted-party list.
10.18 Electronic Acceptance; Counterparts. Client's online acceptance of this Agreement, and any Order Form signed electronically or in counterparts, is binding and enforceable as an original. Provider's records of Client's acceptance, including the date, time, and version of this Agreement accepted, are admissible evidence of the Parties' agreement.
10.19 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This Agreement will not be construed against either Party as drafter.
Exhibit A: Plans and Pricing
Plan features, resource limits (storage, bandwidth, environments), backup frequency and retention, included support hours, recurring fees, and billing periods are listed in the plan table below and on each plan’s page in Provider’s shop, and in Client's order confirmation email. Out-of-scope work is billed at Provider’s then-current hourly rate. Support is provided by email and the client portal, Monday through Friday, 9am to 5pm Pacific, excluding U.S. federal holidays, with critical incidents handled 24/7 per Exhibit B.
| Plan | Billing | Recurring fee | Plan includes |
|---|---|---|---|
| SMB 1 Hosting | Monthly | $25/mo |
|
| SMB 2 Hosting | Monthly | $50/mo |
|
| SMB 1 e-commerce Hosting | Monthly | $75/mo |
|
| SMB 2 e-commerce Hosting | Monthly | $150/mo |
|
| ENT 1 Hosting | Monthly | $450/mo |
|
| ENT 2 Hosting | Monthly | $650/mo |
|
| ENT 3 Hosting | Monthly | $1,500/mo |
|
| Media 3 Hosting | Monthly | $2,500/mo |
|
| SMB 1 Hosting (Annual) | Annual | $300/yr |
|
| SMB 2 Hosting (Annual) | Annual | $600/yr |
|
| SMB 1 e-commerce Hosting (Annual) | Annual | $900/yr |
|
| SMB 2 e-commerce Hosting (Annual) | Annual | $1,800/yr |
|
Exhibit B: Service Level Agreement
Availability target. Provider targets 99.9% Monthly Uptime for each Hosted Property's web-serving infrastructure. Monthly Uptime = (total minutes in the month − Downtime minutes) ÷ total minutes in the month. Downtime means the Hosted Property's server returns no response or a 5xx error to Provider's external monitoring for 5 or more consecutive minutes.
Service credits. If Monthly Uptime falls below the target, Client is eligible for the following credit against the next month's recurring hosting fee for the affected Hosted Property:
| Monthly Uptime | Credit (% of that month's hosting fee) |
|---|---|
| 99.0% to below 99.9% | 5% |
| 95.0% to below 99.0% | 10% |
| Below 95.0% | 25% |
Exclusions. Downtime does not include unavailability caused by: scheduled or emergency maintenance under Section 2.4; Client Content, code, plugins, themes, or configuration changes not made by Provider; backup restores initiated by Client under Section 5.7; Client's breach of the Agreement or suspension under Sections 3.4 or 4.4; DNS, domain registrar, CDN, or third-party services not managed by Provider; denial-of-service attacks or traffic spikes far exceeding the allocated resources; Client's internet connection or End Users' networks; or force majeure events.
Claiming credits. Client must request a credit in writing within 30 days after the end of the month in which the Downtime occurred, with dates and times. Credits are capped at 25% of the monthly hosting fee, are not redeemable for cash, and are forfeited if Client's account is past due. Service credits are Client's sole and exclusive remedy for any failure to meet the availability target.
Chronic failure. If Monthly Uptime is below 99.0% in any three months within a rolling six-month period, Client may terminate the affected Services on 30 days' written notice without paying fees for the remainder of the term, as its sole additional remedy.
Incident response targets.
| Severity | Example | Initial response target |
|---|---|---|
| Critical | Hosted Property down or security compromise | 2 hours, 24/7 |
| High | Major feature broken, no workaround | 1 business day |
| Normal | Minor defect or how-to question | 2 business days |
| Low | Change request or enhancement | 5 business days |
Response targets measure first acknowledgment, not resolution.