Terms of Service

Effective Date: 06/01/2025
Last Updated: 10/15/2025

Agreement to Terms

Welcome to Baykscloud Consultants LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website www.baykscloudconsultants.io, our services, and any related content, features, or functionality (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use our Services.

Contact Information:
Baykscloud Consultants LLC
1376 SW 181st Ave, Pembroke Pines, FL 33029
Email: [email protected]
Website: www.baykscloudconsultants.io

1. Acceptance of Terms

1.1 Binding Agreement

By accessing our website, engaging our services, scheduling consultations, or otherwise interacting with our Company, you acknowledge that you have read, understood, and agree to be bound by:

These Terms of Service

Our Privacy Policy

Our Disclaimer

Any additional terms in service agreements or contracts

1.2 Capacity to Contract

You represent and warrant that:

You are at least 18 years of age

You have the legal capacity to enter into binding contracts

If representing a business entity, you have authority to bind that entity

All information you provide is accurate and complete

1.3 Business Users

Our Services are intended for business-to-business (B2B) use. You represent that you are accessing our Services for business purposes and that you operate a managed IT services company or related business entity.

2. Description of Services

2.1 Consulting Services

Baykscloud Consultants LLC provides AI automation consulting, implementation services, and business process optimization specifically for managed IT service providers (MSPs) and IT services companies.

Our Services include but are not limited to:

AI-powered automation consulting and strategy

Lead management and follow-up automation systems

Client onboarding workflow implementation

AI receptionist and booking automation

Service alert and communication automation

Dashboard and analytics implementation

Process optimization and efficiency consulting

30-day hands-on support and optimization

2.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any aspect of our Services at any time

Change pricing, features, or service offerings

Update our methodologies and frameworks

Refuse service to anyone for any lawful reason

We will provide reasonable notice of material changes when possible, but we are not obligated to maintain any particular service offering.

2.3 No Emergency Services

Our Services are not intended for emergency situations. We do not provide 24/7 support unless explicitly stated in a signed service agreement. For technical emergencies, contact your internal IT team or appropriate emergency services.

3. User Accounts and Registration

3.1 Account Creation

To access certain Services, you may need to create an account or provide contact information. You agree to:

Provide accurate, current, and complete information

Maintain and update your information as needed

Keep your login credentials secure and confidential

Notify us immediately of any unauthorized access

Accept responsibility for all activities under your account

3.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your account credentials

All activities that occur under your account

Any losses or damages resulting from unauthorized use

We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for:

Violation of these Terms

Fraudulent, abusive, or illegal activity

Providing false or misleading information

Non-payment of fees

Any other reason at our sole discretion

4. Service Agreements and Contracts

4.1 Separate Agreements

Specific services may be governed by separate written service agreements, statements of work, or contracts ("Service Agreements") that supplement these Terms.

4.2 Precedence

In the event of conflict between these Terms and a signed Service Agreement:

The Service Agreement takes precedence for contracted services

These Terms govern all other aspects of your relationship with us

Both documents should be read together to understand the complete agreement

4.3 Contract Requirements

Service Agreements will typically specify:

Scope of services and deliverables

Timeline and milestones

Pricing and payment terms

Performance guarantees (if any)

Refund policies (if applicable)

Client obligations and responsibilities

Termination provisions

Confidentiality requirements

4.4 No Binding Obligations Without Contract

Marketing statements, website content, emails, or verbal discussions do not create binding obligations unless incorporated into a signed Service Agreement.

5. Fees and Payment

5.1 Service Fees

Fees for our Services are specified in:

Service Agreements for contracted services

Our website for published pricing

Quotes or proposals provided to you

All fees are in U.S. Dollars (USD) unless otherwise stated.

5.2 Payment Terms

Unless otherwise specified in a Service Agreement:

Payment is due upon invoice receipt or as specified in the invoice

We accept payment via credit card, ACH transfer, or other approved methods

Late payments may incur interest charges of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower

We may suspend services for non-payment after reasonable notice

5.3 Third-Party Services

Our Services may require or recommend third-party software, platforms, or subscriptions (e.g., CRM systems, AI services, automation tools). You are responsible for:

All costs associated with third-party services

Maintaining active subscriptions to required third-party services

Compliance with third-party terms of service

We are not responsible for third-party pricing, availability, or service changes.

5.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will:

Not affect services already under contract

Be communicated with reasonable advance notice for ongoing services

Take effect on the date specified in the notice

5.5 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental charges. You are responsible for all such taxes (other than taxes based on our income).

5.6 No Refunds

Unless otherwise specified in a signed Service Agreement, all fees are non-refundable. Please see our Disclaimer for detailed refund policy information.

6. Client Obligations and Responsibilities

6.1 Cooperation Required

Successful delivery of our Services requires your active cooperation, including:

Timely provision of information, access, and resources

Responding to our requests within reasonable timeframes

Assigning internal resources to support implementation

Making business decisions within reasonable timeframes

Following our recommendations and best practices

6.2 Access and Systems

You agree to:

Provide necessary access to systems, platforms, and accounts

Back up your data before we access your systems

Ensure we have appropriate permissions and credentials

Notify us of any access issues or security concerns

6.3 Implementation and Maintenance

You are responsible for:

Proper implementation of our recommendations

Testing systems before production deployment

Ongoing maintenance of implemented systems

Monitoring automated processes and workflows

Updating systems as needed after our engagement ends

Training your team on new systems and processes

6.4 Legal Compliance

You represent and warrant that:

Your business operations comply with all applicable laws

You have necessary rights and permissions for data you provide

Your use of our Services will not violate any laws or third-party rights

You will use our Services only for lawful purposes

6.5 Client-Caused Delays

We are not responsible for delays caused by:

Your failure to provide timely information or access

Your unavailability or lack of responsiveness

Changes in your requirements or priorities

Issues with your existing systems or infrastructure

Such delays may result in timeline extensions and additional fees.

7. Intellectual Property Rights

7.1 Company Intellectual Property

All content, materials, frameworks, methodologies, templates, software, designs, graphics, text, and other intellectual property provided by Baykscloud Consultants LLC ("Company IP") are and remain our exclusive property.

Company IP includes but is not limited to:

Proprietary automation frameworks and methodologies

Template workflows and process designs

Training materials and documentation

Website content and design

Marketing materials and branding

Trade secrets and know-how

7.2 Limited License to Clients

Upon full payment, we grant you a limited, non-exclusive, non-transferable, revocable license to use materials specifically created for your business for your internal business purposes only.

You may NOT:

Resell, redistribute, or share our materials with third parties

Use our materials to provide consulting services to others

Reverse-engineer or recreate our proprietary methodologies

Remove or modify any copyright or proprietary notices

Claim our work as your own

Create derivative works without our written permission

7.3 Client-Specific Implementations

Custom automation workflows, integrations, and systems we build specifically for your business ("Client Implementations") become your property upon full payment, subject to these conditions:

You may use, modify, and maintain Client Implementations for your business

The underlying framework and methodology remain our property

You may not resell or redistribute Client Implementations

We retain the right to use anonymized versions for case studies (with permission)

7.4 Client Materials

You retain ownership of:

Your existing business materials and data

Your branding, logos, and trademarks

Content you provide to us

You grant us a limited license to use your materials solely for providing Services to you.

7.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us become our property. We may use them without compensation or attribution to you.

7.6 Trademark Usage

You may not use our name, logo, or trademarks without our prior written permission. Any permitted use must comply with our brand guidelines.

7.7 Copyright Infringement

If you believe our Services infringe your intellectual property rights, contact us at [email protected] with detailed information about the alleged infringement.

8. Confidentiality

8.1 Confidential Information

"Confidential Information" means non-public information disclosed by either party that:

Is marked as confidential

Would reasonably be considered confidential

Relates to business operations, clients, strategies, or proprietary methods

8.2 Confidentiality Obligations

Both parties agree to:

Maintain confidentiality of the other party's Confidential Information

Use Confidential Information only for purposes of the business relationship

Protect Confidential Information with reasonable security measures

Not disclose Confidential Information to third parties without consent

8.3 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available through no breach of these Terms

Was already known to the receiving party

Is independently developed without use of Confidential Information

Must be disclosed by law or court order (with notice to the disclosing party)

8.4 Return of Information

Upon termination or request, each party will:

Return or destroy the other party's Confidential Information

Certify destruction if requested

Cease using Confidential Information

8.5 Specific Confidentiality Terms

Detailed confidentiality obligations for specific services may be outlined in Service Agreements.

9. Privacy and Data Protection

9.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Processing

When we access or process your data as part of our Services:

We act as a processor/service provider on your behalf

You remain the controller/business responsible for the data

We will process data only as necessary to provide Services

We implement reasonable security measures

9.3 Your Data Responsibilities

You are responsible for:

Ensuring you have rights to share data with us

Compliance with data protection laws (GDPR, CCPA, etc.)

Obtaining necessary consents from your clients or users

Your data backup and disaster recovery

Notifying us of any data security requirements

9.4 Data Security Incidents

In the event of a data security incident:

We will notify you promptly upon discovering the incident

We will cooperate in investigation and remediation

You remain responsible for any required notifications to regulators or affected individuals

We are not liable beyond the limitations specified in Section 12

10. Acceptable Use Policy

10.1 Prohibited Uses

You may NOT use our Services to:

Violate any laws, regulations, or third-party rights

Engage in fraudulent, deceptive, or illegal activities

Distribute spam, malware, or harmful code

Harass, abuse, or harm others

Infringe intellectual property rights

Attempt to gain unauthorized access to systems

Interfere with or disrupt our Services or servers

Impersonate any person or entity

Collect information about others without consent

Use automated systems to access our website without permission

Engage in any activity that could damage our reputation

10.2 Enforcement

We reserve the right to:

Investigate suspected violations of these Terms

Remove or disable access to content that violates these Terms

Suspend or terminate accounts for violations

Report illegal activities to law enforcement

Cooperate with legal investigations

10.3 Consequences of Violations

Violation of these Terms may result in:

Immediate termination of Services

Legal action to recover damages

Reporting to appropriate authorities

Forfeiture of paid fees (no refunds for violations)

11. Third-Party Services and Links

11.1 Third-Party Integrations

Our Services may integrate with or recommend third-party software, platforms, and services (e.g., CRM systems, email platforms, AI services, payment processors).

You acknowledge that:

We do not control third-party services

Third-party services have their own terms and privacy policies

You are responsible for reviewing and accepting third-party terms

We are not liable for third-party service performance, availability, or security

11.2 Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience only. We:

Do not endorse or control third-party websites

Are not responsible for third-party content or practices

Have no liability for your use of third-party websites

11.3 Changes to Third-Party Services

Third-party services may change their:

Features and functionality

Pricing and terms

APIs and integrations

Availability

We are not responsible for such changes and any impact on systems we've implemented.

12. Limitation of Liability

12.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BAYKSCLOUD CONSULTANTS LLC'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

12.2 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

BUSINESS INTERRUPTION OR OPERATIONAL DELAYS

DAMAGE TO REPUTATION OR GOODWILL

COSTS OF SUBSTITUTE SERVICES

LOSSES ARISING FROM THIRD-PARTY CLAIMS

DATA LOSS, CORRUPTION, OR SECURITY BREACHES

SYSTEMS FAILURES OR DOWNTIME

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12.3 Allocation of Risk

These limitations reflect an informed, voluntary allocation of risk between the parties. Our pricing reflects these limitations, and we would not provide Services without them.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Disclaimers and Warranties

13.1 "AS IS" Disclaimer

OUR SERVICES, WEBSITE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

13.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY

FITNESS FOR A PARTICULAR PURPOSE

NON-INFRINGEMENT

ACCURACY, RELIABILITY, OR COMPLETENESS

UNINTERRUPTED OR ERROR-FREE OPERATION

SECURITY OR FREEDOM FROM VIRUSES

ACHIEVEMENT OF ANY PARTICULAR RESULT

13.3 No Guarantee of Results

We make no guarantees regarding:

Specific outcomes or results from our Services

Revenue increases or business growth

Client acquisition or retention

Time savings or efficiency improvements

System performance or uptime

Any performance expectations must be explicitly stated in a signed Service Agreement to be binding.

13.4 Professional Advice Disclaimer

Our Services do not constitute professional advice in the fields of:

Law

Accounting or taxation

Financial planning or investment

Information security certification or compliance

You should consult qualified professionals for such advice.

14. Indemnification

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Baykscloud Consultants LLC, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of our Services

Your violation of these Terms

Your violation of any law or regulation

Your violation of third-party rights

Your business operations and practices

Claims by your clients, employees, or third parties

Your implementation of our recommendations

Content or information you provide to us

Your failure to comply with data protection laws

Your use of third-party services we recommend

14.2 Defense and Settlement

We reserve the right to:

Assume exclusive defense and control of any matter subject to indemnification

Require your cooperation in defense

Approve any settlement that affects our rights or interests

14.3 Notice

You must promptly notify us of any claim for which you may have indemnification obligations.

15. Termination

15.1 Termination by Either Party

Either party may terminate the relationship according to the terms specified in applicable Service Agreements, or with 30 days' written notice if no Service Agreement is in effect.

15.2 Termination by Us

We may immediately terminate or suspend your access to Services:

For violation of these Terms

For non-payment of fees

For fraudulent or illegal activity

If we cease providing Services

At our discretion with reasonable notice

15.3 Effect of Termination

Upon termination:

You must immediately cease using our Services and materials

All outstanding fees become immediately due

We have no obligation to maintain or support implemented systems

Licenses granted to you may be revoked

Confidentiality obligations continue

Provisions that should survive termination remain in effect

15.4 No Refunds

Termination does not entitle you to refunds for fees already paid for services delivered.

15.5 Data Retrieval

You have 30 days after termination to retrieve any data or materials stored with us. After 30 days, we may delete such information without liability.

16. Dispute Resolution

16.1 Informal Resolution

Before pursuing formal dispute resolution, parties agree to attempt informal resolution by:

Providing written notice of the dispute to the other party

Engaging in good faith negotiations for at least 30 days

Having decision-makers participate in resolution discussions

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

16.3 Jurisdiction and Venue

Any disputes arising from these Terms or our Services shall be resolved exclusively in the state or federal courts located in Broward County, Florida. You consent to the personal jurisdiction and venue of these courts.

16.4 Waiver of Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.5 Limitation Period

Any claim or cause of action arising from these Terms or our Services must be filed within one (1) year after the claim arose, or it will be permanently barred.

16.6 Equitable Relief

Notwithstanding the above, either party may seek equitable relief (including injunctions) in any court of competent jurisdiction to protect intellectual property rights or confidential information.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, and any signed Service Agreements, constitute the entire agreement between you and Baykscloud Consultants LLC and supersede all prior agreements, understandings, and communications.

17.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be:

Posted on our website with an updated "Last Updated" date

Effective immediately for new users

Effective 30 days after posting for existing users (unless you affirmatively accept earlier)

Continued use of our Services after changes constitutes acceptance of modified Terms.

Material changes may be communicated via email or prominent website notice.

17.3 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while reflecting the parties' intent.

17.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by our authorized representative.

17.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms at any time without your consent, including in connection with a merger, acquisition, or sale of assets.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

17.7 Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, terrorism, war, riots, labor disputes, government actions, internet outages, third-party service failures, or pandemics.

17.8 Notices

All notices under these Terms must be in writing and sent to:

For Baykscloud Consultants LLC:
Email: [email protected]
Mail: 1376 SW 181st Ave, Pembroke Pines, FL 33029

For You:
The email address or mailing address you provided

Notices are deemed received:

Email: Upon transmission (if sent during business hours) or the next business day

Mail: Three (3) business days after mailing

17.9 Relationship of Parties

Nothing in these Terms creates an employer-employee, partnership, joint venture, or agency relationship. We are independent contractors. Neither party has authority to bind the other to contracts or obligations with third parties.

17.10 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, confidentiality, payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution.

17.11 Interpretation

In interpreting these Terms:

Headings are for convenience only and do not affect interpretation

"Including" means "including but not limited to"

Singular includes plural and vice versa

"May" means discretionary, "shall" and "will" mean mandatory

Ambiguities shall not be construed against the drafting party

17.12 Electronic Communications

You consent to receive electronic communications from us, including emails, notices posted on our website, and messages through our Services. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

18. Specific Terms for Website Use

18.1 License to Use Website

We grant you a limited, non-exclusive, non-transferable license to access and use our website for business purposes in accordance with these Terms.

18.2 Prohibited Website Activities

You may not:

Use automated systems (bots, scrapers, crawlers) without permission

Attempt to gain unauthorized access to our systems

Introduce viruses, malware, or harmful code

Overload or interfere with website functionality

Reverse engineer or decompile our website

Frame or mirror our website without permission

Remove or modify any copyright or proprietary notices

18.3 User Content

If you submit any content to our website (comments, testimonials, feedback):

You grant us a perpetual, worldwide, royalty-free license to use such content

You represent that you have all necessary rights to submit the content

You agree not to submit illegal, offensive, or infringing content

We reserve the right to remove any user content at our discretion

18.4 Website Availability

We do not guarantee that our website will:

Be available 24/7 without interruption

Be free from errors or defects

Be compatible with all devices or browsers

Maintain all features indefinitely

We may modify, suspend, or discontinue any aspect of our website at any time without notice.

19. Recording and Monitoring

19.1 Call Recording

We may record phone calls, video conferences (Zoom, Google Meet, etc.), and other communications for:

Quality assurance and training

Record-keeping and documentation

Dispute resolution

Service improvement

You will be notified before recording begins. Proceeding with the communication after notification constitutes consent to recording.

19.2 Monitoring

We may monitor:

Website usage and analytics

Email open rates and engagement

Service performance and quality

Security threats and violations

20. Special Provisions for MSP Clients

20.1 MSP-Specific Services

Our Services are specifically designed for managed IT service providers and IT services companies. We tailor our solutions to the unique challenges of the MSP business model.

20.2 Client Data Handling

When implementing automation systems that handle your client data:

You remain responsible for all data protection obligations to your clients

You must ensure our access to systems complies with your client agreements

You are responsible for obtaining necessary consents and authorizations

We act only as your service provider, not a party to your client relationships

20.3 Compliance

You represent that your MSP operations comply with:

Industry standards and best practices

Applicable data security regulations

Professional licensing requirements (if any)

Client contractual obligations

21. Contact Information

For questions about these Terms of Service, please contact us:

Baykscloud Consultants LLC
1376 SW 181st Ave
Pembroke Pines, FL 33029
United States

Email: [email protected]
Website: www.baykscloudconsultants.io

22. Acknowledgment and Acceptance

BY USING OUR SERVICES OR WEBSITE, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms of Service

You have read and understood our Privacy Policy and Disclaimer

You agree to be bound by these Terms and all incorporated documents

You have the authority to enter into this agreement

You accept all risks associated with using our Services

You will seek appropriate professional advice for legal, financial, and compliance matters

If you do not agree to these Terms, you must immediately discontinue use of our Services and website.

Last Updated: 06/01/2025
Effective Date: 10/15/2025