Terms of Service
TERMS OF SERVICE
Last Updated: February 9, 2026
1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between the entity identified on the applicable Order Form (“Customer,” “you,” or “your”) and Open Edge, LLC, a Wyoming limited liability company located at 30 N Gould St Ste N, Sheridan, WY 82801 USA (“Open Edge,” “we,” “us,” or “our”). These Terms govern your access to and use of Open Edge’s managed cloud infrastructure platform and related services made available through https://cloud.open-edge.io/ and any associated interfaces, tools, or documentation (collectively, the “Platform”).
Open Edge provides enterprise-grade, contract-based managed cloud infrastructure services to business organizations. Our services are not available on a self-service or consumer basis. Access to the Platform requires the execution of a Master Services Agreement or Order Form between Open Edge and the Customer. By accessing or using the Platform, you represent and warrant that you are authorized to bind the Customer to these Terms and that the Customer has entered into a valid agreement with Open Edge.
These Terms, together with any executed Master Services Agreement, Order Form(s), Service Level Agreement(s), and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the subject matter herein (the “Agreement”). In the event of a conflict between these Terms and an executed Order Form or Master Services Agreement, the Order Form or Master Services Agreement shall control with respect to the specific services covered therein.
2. Definitions
The following definitions apply throughout these Terms:
“Account Team” means the dedicated Open Edge personnel assigned to manage and support the Customer’s infrastructure and services under the Agreement.
“Agreement” means, collectively, these Terms, any executed Master Services Agreement, all Order Forms, the applicable Service Level Agreement, and any other documents expressly incorporated by reference.
“Authorized User” means any individual employee, contractor, or agent of the Customer who is granted access to the Platform by the Customer in accordance with the Agreement.
“Confidential Information” means any non-public information disclosed by either party to the other, whether orally, in writing, or by inspection, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
“Customer Data” means all data, files, content, applications, configurations, and other materials that the Customer or its Authorized Users upload, transmit, store, or process through the Platform.
“Documentation” means the technical documentation, user guides, API references, and other instructional materials made available by Open Edge in connection with the Services.
“Effective Date” means the date specified in the applicable Order Form on which the Services commence.
“Master Services Agreement” or “MSA” means the master agreement executed between Open Edge and the Customer that establishes the general terms governing the provision of Services.
“Order Form” means a written or electronic document executed by both parties that specifies the particular Services, resource allocations, pricing, payment terms, and duration applicable to the Customer’s engagement.
“Platform” means the Open Edge managed cloud infrastructure environment, including the management portal at https://cloud.open-edge.io/, all APIs, tools, dashboards, and interfaces provided by Open Edge for the Customer’s use of the Services.
“Services” means the managed cloud infrastructure services provided by Open Edge to the Customer as described in the applicable Order Form, including but not limited to compute, storage, networking, load balancing, firewall, secrets management, orchestration, and managed application services.
“Service Level Agreement” or “SLA” means the separate document that specifies the performance commitments, uptime guarantees, support response times, and remedies applicable to the Services.
“Term” means the duration of the Agreement as specified in the applicable Order Form, including any renewal periods.
3. Services Provided
3.1 Scope of Services. Open Edge provides enterprise managed cloud infrastructure services on a contract basis. The specific Services, resource allocations, and configurations applicable to the Customer are defined in the applicable Order Form. Services may include, but are not limited to, the following:
- Compute: Virtual machines, dedicated compute instances, and containerized workloads provisioned and managed by Open Edge.
- Storage: Block storage, object storage, and file storage services with configurable redundancy and performance tiers.
- Networking: Virtual private networks, subnets, routing, DNS, and IP address management configured for the Customer’s environment.
- Load Balancing: Application and network load balancers to distribute traffic across the Customer’s workloads.
- Firewalls & Security: Network firewalls, security groups, and access control policies managed by Open Edge to protect the Customer’s infrastructure.
- Secrets Management: Secure storage and management of credentials, API keys, certificates, and other sensitive configuration data.
- Orchestration: Container orchestration, infrastructure automation, and workload scheduling services.
- Managed Applications: Deployment, configuration, monitoring, and maintenance of supported application stacks as specified in the Order Form.
3.2 US-Sovereign Infrastructure. All Open Edge infrastructure is located within the United States. All personnel with access to infrastructure systems, Customer Data, and management operations are based in the United States. Open Edge does not offshore any infrastructure management, support, or data handling operations.
3.3 Named Account Team. Each Customer is assigned a dedicated Account Team responsible for onboarding, infrastructure management, support, and ongoing account management. The composition and availability of the Account Team are described in the applicable Order Form or SLA.
3.4 Platform Access. Open Edge will provide the Customer and its Authorized Users with access to the Platform for the purpose of monitoring, managing, and interacting with the Services as described in the Documentation. Platform access is subject to the Customer’s compliance with these Terms and the applicable Agreement.
3.5 Changes to Services. Open Edge may update, modify, or enhance the Platform and Services from time to time. Open Edge will provide reasonable advance notice to the Customer of any material changes that may affect the Customer’s use of the Services. Changes that materially reduce the functionality or performance of Services covered by an active Order Form will not be made without the Customer’s consent.
4. Customer Obligations
4.1 Authorized Users. The Customer is responsible for managing access to the Platform among its Authorized Users. The Customer shall ensure that all Authorized Users comply with these Terms and the Agreement. The Customer is responsible for all activities that occur under its account and the accounts of its Authorized Users, including any unauthorized access resulting from the Customer’s failure to safeguard login credentials.
4.2 Account Security. The Customer shall implement and maintain reasonable security measures for all account credentials, API keys, and access tokens issued in connection with the Services. The Customer shall promptly notify Open Edge of any known or suspected unauthorized access to the Platform or any security breach affecting the Customer’s account.
4.3 Acceptable Use. The Customer agrees to use the Services only for lawful business purposes and in accordance with the Agreement, the Documentation, and all applicable laws and regulations. Without limiting the foregoing, the Customer shall not:
- Use the Services to store, transmit, or process any content that is unlawful, defamatory, obscene, or that infringes the intellectual property rights of any third party.
- Use the Services to distribute malware, viruses, or any other harmful or malicious code.
- Attempt to gain unauthorized access to any systems, networks, or data not explicitly made available to the Customer under the Agreement.
- Use the Services in any manner that disrupts, degrades, or interferes with the infrastructure, performance, or security of Open Edge or any other customer.
- Resell, sublicense, or redistribute the Services to any third party without the prior written consent of Open Edge.
- Use the Services for cryptocurrency mining, denial-of-service attacks, or any activity that violates applicable export control or sanctions regulations.
- Reverse engineer, decompile, or disassemble any component of the Platform or Services.
4.4 Compliance. The Customer shall comply with all applicable federal, state, local, and international laws and regulations in connection with its use of the Services, including but not limited to data protection, privacy, export control, and industry-specific regulatory requirements. The Customer is solely responsible for determining whether the Services are appropriate for the Customer’s particular compliance obligations.
4.5 Cooperation. The Customer shall provide reasonable cooperation and information as requested by Open Edge to facilitate the provision of the Services, including timely responses to inquiries from the Account Team, access to necessary systems or credentials, and participation in scheduled onboarding, migration, or maintenance activities.
5. Service Levels
5.1 Service Level Agreement. Open Edge provides the Services with specific performance commitments, uptime guarantees, and support response times as defined in the applicable Service Level Agreement. The SLA is provided as a separate document and is incorporated into the Agreement by reference. In the event of a conflict between these Terms and the SLA with respect to service performance or availability commitments, the SLA shall control.
5.2 Support. Open Edge will provide technical support to the Customer through the Customer’s assigned Account Team and through the support channels specified in the SLA. Support scope, hours of availability, escalation procedures, and response time commitments are defined in the SLA.
5.3 Maintenance. Open Edge may perform scheduled and emergency maintenance on the Platform and infrastructure as necessary to ensure the continued performance, security, and reliability of the Services. Open Edge will provide advance notice of scheduled maintenance in accordance with the timelines specified in the SLA. Emergency maintenance may be performed without advance notice when necessary to address security vulnerabilities, system failures, or other critical issues.
5.4 Remedies. The Customer’s sole and exclusive remedies for any failure by Open Edge to meet the service level commitments specified in the SLA are the remedies expressly set forth in the SLA, which may include service credits applied to future invoices.
6. Billing and Payment
6.1 Contract-Based Pricing. All Services are provided on a contract basis as specified in the applicable Order Form. Pricing, payment schedules, billing frequency, and payment terms are established in the Order Form. Open Edge does not offer metered, consumption-based, or self-service billing.
6.2 Invoicing. Open Edge will issue invoices to the Customer in accordance with the billing schedule specified in the applicable Order Form. Unless otherwise stated in the Order Form, invoices are issued monthly in advance for the Services to be provided during the applicable billing period.
6.3 Payment Terms. Unless otherwise specified in the applicable Order Form, all invoices are due and payable within thirty (30) days of the invoice date (“Net-30”). Payments shall be made in United States Dollars by wire transfer, ACH, or such other method as specified in the Order Form or agreed upon by the parties.
6.4 Late Payments. Any amounts not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, calculated from the date payment was due until the date payment is received. In addition, Open Edge reserves the right to suspend the Services upon thirty (30) days’ written notice if any invoice remains unpaid for more than sixty (60) days past the due date, provided that Open Edge shall reinstate the Services promptly upon receipt of all outstanding amounts.
6.5 Taxes. All fees specified in the Order Form are exclusive of applicable taxes, duties, levies, or similar governmental charges. The Customer is responsible for all such taxes (excluding taxes based on Open Edge’s net income) arising from the Customer’s use of the Services. If Open Edge is required to collect or remit any such taxes, the amounts will be invoiced to the Customer and paid in accordance with these payment terms.
6.6 Disputes. If the Customer disputes any portion of an invoice in good faith, the Customer shall provide written notice to Open Edge within fifteen (15) days of the invoice date, specifying the disputed amount and the basis for the dispute. The undisputed portion of the invoice remains due and payable in accordance with Section 6.3. The parties shall work in good faith to resolve any billing disputes promptly.
7. Data Handling and Privacy
7.1 Customer Data Ownership. As between the parties, the Customer retains all right, title, and interest in and to the Customer Data. Open Edge acquires no rights in the Customer Data except the limited rights necessary to provide the Services as described in the Agreement.
7.2 Data Processing. Open Edge will process Customer Data solely for the purpose of providing the Services and will not access, use, or disclose Customer Data except as necessary to perform its obligations under the Agreement, as required by applicable law, or as authorized in writing by the Customer. Open Edge will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction.
7.3 US-Sovereign Data Handling. All Customer Data is stored and processed exclusively within the United States. Open Edge does not transfer, store, or process Customer Data outside the United States. All Open Edge personnel with access to Customer Data or infrastructure systems are based in the United States.
7.4 Privacy Policy. Open Edge’s collection and use of personal information is governed by the Open Edge Privacy Policy, available at https://open-edge.io/. The Privacy Policy is incorporated into these Terms by reference.
7.5 Data Portability. Upon the Customer’s written request during the Term or within thirty (30) days following termination or expiration of the Agreement, Open Edge will make Customer Data available to the Customer for export in a commercially reasonable format. The Customer is responsible for retrieving its data within the specified timeframe.
7.6 Data Deletion. Following the expiration of the data retrieval period described in Section 7.5, Open Edge will delete or destroy all Customer Data in its possession within sixty (60) days, except to the extent that retention is required by applicable law. Open Edge will confirm deletion in writing upon the Customer’s request.
7.7 Security Incidents. In the event that Open Edge becomes aware of any unauthorized access to or disclosure of Customer Data (“Security Incident”), Open Edge will promptly notify the Customer, take reasonable steps to contain and remediate the Security Incident, and cooperate with the Customer in investigating the incident and fulfilling any applicable legal notification obligations.
8. Intellectual Property
8.1 Open Edge Intellectual Property. Open Edge and its licensors retain all right, title, and interest in and to the Platform, the Services, and all related software, technology, documentation, processes, methodologies, know-how, and other intellectual property (collectively, “Open Edge IP”). Nothing in the Agreement grants the Customer any ownership interest in the Open Edge IP. The Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for the purpose of utilizing the Services during the Term and in accordance with the Agreement.
8.2 Customer Intellectual Property. The Customer and its licensors retain all right, title, and interest in and to the Customer Data and any software, applications, content, or materials developed or owned by the Customer independently of the Services. Nothing in the Agreement grants Open Edge any ownership interest in the Customer’s intellectual property.
8.3 Feedback. If the Customer provides Open Edge with suggestions, ideas, enhancement requests, or other feedback regarding the Platform or Services (“Feedback”), Open Edge may freely use, incorporate, and modify such Feedback without any obligation to the Customer, and the Customer hereby assigns to Open Edge all right, title, and interest in and to such Feedback.
8.4 Aggregated Data. Open Edge may collect, use, and disclose aggregated, anonymized, and de-identified data derived from the Customer’s use of the Services for the purposes of operating, improving, and marketing the Services, provided that such data does not identify the Customer or any Authorized User and cannot reasonably be used to reconstruct Customer Data.
9. Confidentiality
9.1 Obligations. Each party (the “Receiving Party”) agrees that it will not disclose the other party’s (the “Disclosing Party”) Confidential Information to any third party without the prior written consent of the Disclosing Party, except as expressly permitted under the Agreement. The Receiving Party will protect the Disclosing Party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. The Receiving Party will use the Disclosing Party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under the Agreement.
9.2 Permitted Disclosures. The Receiving Party may disclose the Disclosing Party’s Confidential Information to its employees, contractors, and agents who have a need to know such information for the purposes of the Agreement and who are bound by confidentiality obligations at least as protective as those contained herein. The Receiving Party will be responsible for any breach of this Section 9 by its employees, contractors, or agents.
9.3 Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure by the Disclosing Party without restriction on disclosure; (c) is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
9.4 Compelled Disclosure. If the Receiving Party is required by applicable law, regulation, or legal process to disclose the Disclosing Party’s Confidential Information, the Receiving Party will, to the extent legally permitted, provide prompt written notice to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party will disclose only the minimum amount of Confidential Information required to comply with the legal obligation.
9.5 Duration. The obligations under this Section 9 shall survive the expiration or termination of the Agreement for a period of three (3) years, except with respect to trade secrets, which shall remain protected for as long as they qualify as trade secrets under applicable law.
10. Limitation of Liability
10.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY THE CUSTOMER TO OPEN EDGE UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10.3 Exceptions. The limitations set forth in Sections 10.1 and 10.2 shall not apply to: (a) either party’s indemnification obligations under Section 11; (b) either party’s breach of its confidentiality obligations under Section 9; (c) the Customer’s payment obligations under Section 6; (d) liability arising from a party’s gross negligence or willful misconduct; or (e) liability that cannot be limited under applicable law.
10.4 Basis of the Bargain. Each party acknowledges that the limitations and exclusions set forth in this Section 10 reflect a fair and reasonable allocation of risk between the parties and form an essential basis of the bargain between them. The pricing and other terms of the Agreement reflect this allocation of risk.
11. Indemnification
11.1 Indemnification by Open Edge. Open Edge shall defend, indemnify, and hold harmless the Customer and its officers, directors, employees, and agents from and against any third-party claims, actions, suits, or proceedings alleging that the Customer’s use of the Platform or Services in accordance with the Agreement infringes or misappropriates any United States patent, copyright, trademark, or trade secret of a third party. If any such claim arises, Open Edge may, at its sole option and expense: (a) modify the Services so that they are no longer infringing while maintaining materially equivalent functionality; (b) procure for the Customer the right to continue using the Services; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Services and refund any prepaid fees covering the remainder of the Term.
11.2 Indemnification by Customer. The Customer shall defend, indemnify, and hold harmless Open Edge and its officers, directors, employees, and agents from and against any third-party claims, actions, suits, or proceedings arising from: (a) the Customer’s use of the Services in violation of the Agreement or applicable law; (b) Customer Data or any content uploaded, stored, or transmitted by the Customer or its Authorized Users through the Platform; or (c) the Customer’s breach of its representations, warranties, or obligations under the Agreement.
11.3 Indemnification Procedures. The indemnified party shall: (a) promptly notify the indemnifying party in writing of the claim (provided that failure to provide prompt notice shall not relieve the indemnifying party of its obligations except to the extent materially prejudiced by such delay); (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation and assistance to the indemnifying party at the indemnifying party’s expense. The indemnifying party shall not settle any claim in a manner that imposes any obligation or liability on the indemnified party without the indemnified party’s prior written consent.
12. Term and Termination
12.1 Term. The Agreement commences on the Effective Date and continues for the initial term specified in the applicable Order Form (“Initial Term”). Unless otherwise specified in the Order Form, the Agreement will automatically renew for successive renewal periods of the same duration as the Initial Term (“Renewal Terms”), unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the then-current term.
12.2 Termination for Cause. Either party may terminate the Agreement immediately upon written notice to the other party if: (a) the other party commits a material breach of the Agreement and fails to cure such breach within thirty (30) days after receiving written notice specifying the breach; or (b) the other party becomes the subject of a voluntary or involuntary petition in bankruptcy, receivership, liquidation, or similar proceeding that is not dismissed within sixty (60) days.
12.3 Termination for Convenience. Unless otherwise specified in the applicable Order Form, either party may terminate the Agreement for convenience upon ninety (90) days’ prior written notice to the other party, provided that the Customer shall remain responsible for all fees accrued or payable through the effective date of termination, including any minimum commitment amounts specified in the Order Form.
12.4 Effect of Termination. Upon expiration or termination of the Agreement: (a) the Customer’s right to access and use the Platform and Services will immediately cease; (b) each party shall return or destroy the other party’s Confidential Information in its possession, except as required by applicable law; (c) Open Edge will make Customer Data available for retrieval as described in Section 7.5; and (d) any fees owed by the Customer through the effective date of termination shall become immediately due and payable.
12.5 Survival. The following Sections shall survive the expiration or termination of the Agreement: Section 2 (Definitions), Section 6 (Billing and Payment) with respect to any amounts accrued or owing, Section 7 (Data Handling and Privacy) with respect to data retrieval and deletion obligations, Section 8 (Intellectual Property), Section 9 (Confidentiality), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 13 (Dispute Resolution), and Section 14 (General Provisions).
13. Dispute Resolution
13.1 Governing Law. The Agreement and any disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws provisions.
13.2 Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties shall attempt to resolve any dispute arising out of or related to the Agreement through good-faith negotiation. Either party may initiate the informal dispute resolution process by providing written notice to the other party describing the dispute and proposing a resolution. The parties shall engage in good-faith discussions for a period of at least thirty (30) days following receipt of such notice before initiating binding arbitration.
13.3 Binding Arbitration. If the parties are unable to resolve a dispute through informal negotiation as described in Section 13.2, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA’s rules. The seat of arbitration shall be Sheridan, Wyoming, unless the parties mutually agree to an alternative location. The arbitration may be conducted in person, by video conference, or by written submissions, as the arbitrator deems appropriate. The arbitrator’s award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
13.4 Costs. Each party shall bear its own costs and attorneys’ fees in connection with any arbitration, unless the arbitrator determines that the claims or defenses of either party were frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.
13.5 Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, including but not limited to actions to protect Confidential Information or intellectual property rights. Any such action shall be brought in the state or federal courts located in Sheridan County, Wyoming, and each party consents to the exclusive jurisdiction and venue of such courts for purposes of injunctive relief.
13.6 Class Action Waiver. All disputes shall be resolved on an individual basis between the parties. Neither party shall bring or participate in any class action, collective action, or representative action against the other party in connection with the Agreement.
14. General Provisions
14.1 Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under the Agreement (other than payment obligations) to the extent such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, epidemics, pandemics, power outages, telecommunications failures, cyberattacks, or disruptions to internet infrastructure (“Force Majeure Event”). The affected party shall promptly notify the other party of the Force Majeure Event and use reasonable efforts to mitigate its impact. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the affected Order Form upon written notice.
14.2 Assignment. Neither party may assign or transfer the Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, except that either party may assign the Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by the terms of the Agreement and the assigning party provides written notice to the other party. Any attempted assignment in violation of this Section shall be void.
14.3 Severability. If any provision of the Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
14.4 Waiver. No failure or delay by either party in exercising any right, power, or remedy under the Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any further exercise thereof or the exercise of any other right, power, or remedy.
14.5 Notices. All notices required or permitted under the Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed email to the email address specified in the applicable Order Form, or sent by nationally recognized overnight courier to the address specified in the Order Form. Notices to Open Edge shall be sent to: Open Edge, LLC, 30 N Gould St Ste N, Sheridan, WY 82801 USA, or to such other address as Open Edge may designate in writing.
14.6 Entire Agreement. The Agreement, including these Terms, the applicable Order Form(s), the Master Services Agreement, the Service Level Agreement, and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether oral or written, relating to the subject matter of the Agreement.
14.7 Amendments. These Terms may be updated by Open Edge from time to time. Open Edge will provide the Customer with at least thirty (30) days’ written notice of any material changes to these Terms. Material changes shall not apply retroactively to Services already being provided under an active Order Form without the Customer’s written consent. The Customer’s continued use of the Services after the effective date of any updated Terms constitutes acceptance of the changes.
14.8 Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in the Agreement shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between the parties.
14.9 Third-Party Beneficiaries. The Agreement is entered into solely for the benefit of the parties and their permitted successors and assigns. Nothing in the Agreement, express or implied, is intended to or shall confer upon any third party any rights, benefits, or remedies of any nature.
14.10 Export Compliance. The Customer acknowledges that the Services and related technical data may be subject to United States export control laws and regulations. The Customer shall comply with all applicable export control and sanctions laws in connection with its use of the Services and shall not export, re-export, or transfer any technical data or services received from Open Edge in violation of such laws.
14.11 Headings. The headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of the Agreement.
14.12 Counterparts. Any Order Form or other document executed in connection with the Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.
Contact Information
If you have any questions regarding these Terms of Service, please contact us at:
Open Edge, LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States
Website: https://open-edge.io/