TERMS OF SERVICE

Last Updated: 05/22/2026

These Terms of Service (“Terms”) govern the relationship between Digital Sovereignty LLC (“we,” “our,” “us”) and the client (“you,” “your,” “Client”). By using our services, you agree to be bound by these Terms.

1. Definitions

“Service” refers to the private cloud hosting, software deployment, automation, maintenance, and support services provided by Digital Sovereignty.
“Private Cloud Environment” refers to your dedicated or isolated virtual server, VM, or hardware environment managed by us.
“Client Data” means all data, files, records, or content stored or processed within your environment.
“Software Suite” refers to the set of open-source applications deployed on your behalf (ERPNext, Nextcloud, n8n, WordPress, Mautic, etc.).
“Statement of Work” (SOW) refers to a separate written agreement scoping a specific build or project, its deliverables, and its fixed price.

2. Scope of Services

Digital Sovereignty provides:

Deployment and configuration of a private cloud environment
Installation and configuration of selected open-source applications
Backup and monitoring of the environment
Security updates, patches, and maintenance
Technical support as defined by your service tier

The scope does not include:

On-premise hardware support
Self-hosted email servers (unless specified in a SOW)
Legal, tax, payroll, or regulatory compliance services
End-user device support
Custom development beyond what is agreed in a Statement of Work

WordPress services include hosting, security, and theme deployment. Strategic design, copywriting, and ongoing content management are outside the scope of this agreement unless otherwise specified in a custom Statement of Work.

Any additional custom work is quoted and performed as a separate Statement of Work or Change Order, and is billed separately. Where minor out-of-scope assistance is provided at our discretion, it is billed at $100/hour.

2.1 AI Assessment / Diagnostic Engagements

The AI Tools Assessment is a standalone diagnostic engagement, separate from implementation and hosting. It delivers a written assessment report identifying opportunities and recommendations, together with a delivery call reviewing the findings and the available implementation pathways.

The assessment does not include implementation. It identifies and recommends; it does not build, configure, deploy, or automate. Every recommendation is quoted and performed separately as a Statement of Work. The assessment also does not include ongoing advisory beyond the delivery call, or re-running the assessment as the business later changes; those are separate engagements.

The standard assessment fee is $1,000, or as otherwise stated on your invoice. The fee is payable in full upon invoice and is earned upon delivery of the assessment report. It is non-refundable, consistent with our All Sales Final policy (Section 4.4).

Implementation credit. If you accept an implementation Statement of Work within thirty (30) days of the assessment delivery call (the call at which the report and implementation pathways are presented), unless that period is extended in writing by us, the $1,000 assessment fee will be credited against that engagement. The credit applies one time only, to your first implementation Statement of Work, and is not repeatable; it does not apply to retainers, change orders, or any subsequent engagement. “Accept” means you sign the agreement or pay the first invoice, per our acceptance terms.

Payment of the assessment invoice constitutes acceptance of these assessment terms.

3. Private Cloud Environment

You receive:

An isolated server or VM environment
Administrative access upon request
The right to export, migrate, or download your data at any time

We steward, maintain, and monitor the environment, but you retain full ownership of your data and the right to exit at any time.

4. Payment and Billing

4.1 Build / Project Fees

Build and project work is quoted in a Statement of Work at a fixed price reflecting the value of the deliverables, not hours worked. The full project price is due on acceptance, before work begins. Acceptance occurs upon signature or upon your written or oral approval to proceed. The start date of a project is independent of the payment date.

4.2 Monthly Fee

Monthly hosting and maintenance fees cover hosting, maintenance, updates, backups, and support, and are billed in advance on a recurring basis. Initial provisioning is covered by the build/Statement of Work that precedes a retainer; there is no separate setup fee.

4.3 Payment Due Date and Late Payments

Recurring invoices are due within fourteen (14) days of the invoice date. Invoices unpaid after fourteen (14) days may result in temporary suspension of the Private Cloud Environment until the balance is cleared. Service is restored once payment is received.

4.4 Refunds (All Sales Final)

All sales are final. Build and project fees are non-refundable once accepted. Monthly service and hosting fees already paid are non-refundable. This refund policy is separate from, and does not limit or expand, the Limitation of Liability in Section 11.

4.5 Noncancelable; Builds Reschedulable

Engagements are noncancelable. A bounded build or project may be rescheduled without penalty to mutually convenient dates, but all original payment dates remain in effect. Recurring hosting and maintenance are not reschedulable — once the environment is provisioned and running, the recurring fee is incurred and billed in advance, and non-payment is handled by suspension under Section 4.3. We guarantee the quality of our work; we do not guarantee specific business results, which depend on variables outside our control.

4.6 Server-Based Pricing (Not Per-User)

Our pricing is based on the infrastructure resources required to operate your Private Cloud Environment (including but not limited to CPU, RAM, disk, backups, bandwidth, monitoring, and operational overhead), and not on the number of end users, seats, mailboxes, or logins.

Unless otherwise stated in your service order or invoice, your monthly fee includes operation of one (1) Private Cloud Environment/server within the resource limits of your selected service tier.

4.7 Resource Limits and Scaling Events

Each service tier includes baseline infrastructure allocations and operational parameters (“Included Resources”). If your usage exceeds Included Resources, you may require a scaling change (“Scaling Event”), including but not limited to:

upgrading the existing server (CPU/RAM/disk)
adding additional storage volumes or backup capacity
increasing backup frequency/retention or restore testing cadence beyond tier
adding one or more additional servers/VMs (for performance, isolation, redundancy, or separation of environments)
materially increased bandwidth, automation execution volume, or integration workload that increases infrastructure or operational burden

When a Scaling Event occurs, Digital Sovereignty may, at its discretion:

adjust the monthly fee to reflect the new infrastructure and operational requirements; and/or
charge a one-time scaling/setup fee for reconfiguration, migration, partitioning services, or architecture changes.

4.8 Notice and Client Approval

Except in emergency circumstances (security incident mitigation, imminent service failure, or upstream provider enforcement actions), Digital Sovereignty will provide written notice describing the Scaling Event and the proposed pricing adjustment. If you approve, the pricing adjustment will take effect on the next billing cycle (or as otherwise stated in the notice).

If you do not approve the proposed adjustment, you may elect to:

reduce usage to remain within Included Resources; or
terminate service pursuant to Section 10 (Termination).

4.9 No Guarantee of Performance Without Scaling

Digital Sovereignty is not responsible for performance degradation, timeouts, queue backlogs, or service instability caused by operation beyond Included Resources. If you elect not to scale after notice, you accept operation “as is” within the existing infrastructure.

5. Data Ownership

You own all data stored, processed, or generated within your private cloud environment.

Digital Sovereignty:

Does not claim ownership of Client Data
Does not sell or share Client Data
Does not access Client Data except as required for maintenance, support, or troubleshooting

Upon termination, you may request a full export of your data. We will provide migration assistance billed at $100/hour.

6. Backups

We provide backups according to your selected service tier. While we take reasonable measures to protect your data, no backup system is infallible. The Client is responsible for maintaining independent archival copies of any mission-critical documents.

Digital Sovereignty is not liable for data loss caused by:

software bugs
hardware failures of upstream providers
actions performed by the client
external attacks beyond reasonable defensive measures

7. Security and Access

We implement:

firewalls
SSL/TLS encryption
system hardening
fail2ban
encrypted backup storage

You agree:

not to use the environment for illegal activity
not to deliberately bypass security controls
to notify us immediately of any unauthorized access

8. Support

Support levels vary by tier. We provide remote support via email, chat, or scheduled calls. Emergency support is available only in Professional and Sovereign tiers.

Support means keeping the systems we have deployed running and functioning as delivered — troubleshooting, reasonable configuration adjustments, updates and maintenance, and access to our training library. Support maintains what exists; it does not include building new systems, workflows, integrations, or features, which are quoted as a Statement of Work or Change Order.

Support is provided with the intent of Client enablement. Digital Sovereignty operates a “Capture Once, Share Always” model. By requesting support, Client acknowledges that solutions may be recorded as non-identifiable training videos and added to our Knowledge Base for use by other clients.

Support does not include:

end-user device troubleshooting
third-party vendor issues
client-side network problems
custom development unless agreed separately

9. Third-Party Providers

9.1 Third-Party Reliability

We rely on reputable upstream providers such as Hetzner, Cloudflare, AWS Glacier, or other infrastructure vendors.

Digital Sovereignty is not responsible for:

outages caused by these providers
maintenance windows they initiate
network disruptions outside our control

9.2 Third-Party Account Ownership

To ensure the Client’s digital sovereignty, accounts for third-party APIs (e.g., Stripe, Authorize.net, OpenAI, Plaid, Twilio) must be registered in the Client’s name with the Client’s payment method. Where we front service or usage costs during an engagement, those costs are passed through to you at cost, without markup. We configure these services but are not responsible for the billing or terms of these third-party providers.

10. Termination

Either party may terminate service with 30 days’ written notice.

Upon termination:

You may request a full export of your data
We will assist migration at $100/hour
Your environment will be shut down after data extraction is complete

11. Limitation of Liability

To the maximum extent permitted by law:

Digital Sovereignty is not liable for indirect, incidental, or consequential damages
Our total aggregate liability arising out of or related to the Service shall not exceed the total fees paid by Client during the eight (8) months preceding the claim
We do not guarantee uninterrupted uptime or perfect data preservation

This limitation governs legal claims for damages and is independent of the refund policy in Section 4.5.

12. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules.

13. Changes to Terms

We may update these Terms at any time. Continued use of the Service constitutes acceptance of the updated Terms.