This Service Agreement (“Service Agreement”) is effective as of the date of your first payment with Azurative ("Effective Date"). The Service Agreement is between Azurative LLC (“Azurative,” “us,” “we,” or “our”) and you (including your entity, if you are purchasing on behalf of a company or other organization, all of which are "Company" or “you”). Azurative and Company are, individually, a “Party” and are, collectively, the “Parties.”
The Parties hereto agree as follows:
1. Incorporation of Terms.
Except as otherwise expressly stated in this Service Agreement, the Terms of Service set forth at https://www.cloudradial.com/terms (“Online Terms”) are hereby incorporated into and made part of this Service Agreement.
2. Term and Termination.
2.1 Notwithstanding anything to the contrary in the Online Terms, the initial term of this Service Agreement is one (1) year, commencing on the Effective Date. Unless Company provides us with written notice of termination during the thirty (30) days prior to the end of the applicable subscription period, Company’s subscription will renew automatically for additional one (1) year periods. The initial term and all renewal terms are, collectively, the “Term.”
2.2 Either Party may terminate this service within 30 days of the Effective Date, and the Company will be refunded all monies paid.
2.3 Either Party may terminate this Service Agreement if the other Party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days following written notice describing the breach. Further, Azurative may suspend or terminate your access to all or any part of our Services at any time if we reasonably believe that Company or any Company user is engaging in any illegal or unauthorized conduct with respect to the Services. If this Service Agreement is terminated for any reason other than for Azurative’s material uncured breach then, in addition to any damages to which Azurative may be entitled, a termination fee will be immediately due and payable to us equal to the monthly invoice for the month prior to the termination date multiplied by the months remaining in the Term. By way of example and not as a limitation, if the prior month’s invoice was $500 and eight months remain in the Term, then the termination fee will be $4,000.
2.4 During the term of this agreement, we agree that the pricing tiers in effect on your Effective Date will stay the same. At the renewal date, pricing will change to the pricing tiers currently in effect.
3.1 Except to the extent applicable law, if any, provides otherwise, this Service Agreement, any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to this Agreement will be the state and federal courts located in Dallas County, Texas.
3.2 This Service Agreement, including the Online Terms, constitutes the entire Service Agreement between Azurative and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Azurative or by the posting by Azurative of a revised version. We may change any part of the Service Agreement at any time.
3.3 Legal notice to us is effective only if it is in writing sent by certified or registered mail or nationally-recognized overnight courier, return receipt requested and postage prepaid, to CloudRadial, ATTN: Legal Counsel, 6060 N. Central Expwy, #500, Dallas, TX 75206.
Effective: June 1, 2023