Legal

Terms of Service

These Terms of Service provide the general contractual framework for NetaMate managed services and hosted software services. Product-specific terms, order forms and statements of work may add to or replace parts of these terms.

Effective date: October 5, 2026

If a signed order form, statement of work or product-specific agreement conflicts with these general terms, the more specific written agreement controls for the affected service.

1. Agreement and scope

These Terms of Service apply when an organization or individual purchases, subscribes to, accesses or uses a NetaMate service that incorporates these terms. The customer accepting the service is referred to as Customer.

Services may include managed technology services, professional services, support and NetaMate software products. The specific scope, fees, service period and deliverables may be described in an order form, statement of work, proposal or other written agreement.

2. Accounts and authorized users

  • Customer is responsible for identifying authorized users and keeping account information accurate.
  • Credentials must be protected and must not be shared in a way that defeats intended access controls.
  • Customer must notify NetaMate promptly of suspected unauthorized account access.
  • Customer is responsible for activity performed through its accounts except to the extent caused by NetaMate's breach of its obligations.

3. Customer responsibilities

Customer will provide information, access, approvals and cooperation reasonably needed to deliver the service. Customer is responsible for the legality of Customer Data, for having appropriate rights to provide that data to NetaMate, and for its users' compliance with these terms and the Acceptable Use Policy.

4. Customer Data

As between the parties, Customer retains its rights in Customer Data. Customer grants NetaMate the limited rights necessary to host, transmit, copy, back up, secure, troubleshoot and otherwise process Customer Data to provide and support the service.

NetaMate does not sell or rent Customer Data and does not use private Customer Data for third-party targeted advertising. Where NetaMate processes personal data on Customer's behalf, the Data Processing Agreement applies when incorporated into the parties' agreement or required by applicable law.

5. Acceptable use

Customer and its users must comply with the Acceptable Use Policy. In particular, services may not be used for unauthorized access, phishing, spam, malware distribution, unlawful surveillance, abuse of third-party systems or other unlawful or harmful activity.

6. Service operation and changes

NetaMate may make reasonable changes to service functionality, infrastructure and operational processes to maintain security, reliability, compatibility or product development. We will not intentionally make a material change that defeats the core purpose of a paid service during an active committed term without reasonable notice where practical.

Maintenance, emergency work, third-party dependencies and events outside reasonable control may affect availability. Any specific service-level commitment applies only if stated in a written service agreement.

7. Fees, taxes and payment

Fees, billing periods, payment dates, currencies and any renewal terms are set out in the applicable order, invoice, proposal or service agreement. Unless stated otherwise, taxes imposed on Customer's purchase are Customer's responsibility, excluding taxes based on NetaMate's income.

If undisputed amounts remain overdue, NetaMate may use reasonable collection measures and may suspend affected paid services after appropriate notice where permitted by law and the applicable agreement.

8. Third-party services

A NetaMate service may interoperate with third-party platforms, networks or providers selected by Customer or used as part of service infrastructure. Third-party services may be governed by their own terms. NetaMate is not responsible for a third-party service outside NetaMate's reasonable control, but remains responsible for its obligations concerning subprocessors under the applicable agreement and Data Processing Agreement.

9. Intellectual property

NetaMate and its licensors retain all rights in NetaMate software, documentation, service methods, designs, know-how and other pre-existing materials. Subject to payment and these terms, Customer receives the limited right to use the purchased service during the applicable service period.

Unless a statement of work expressly says otherwise, each party keeps ownership of materials it owned or developed independently before the engagement. Ownership and licensing of custom deliverables will be stated in the applicable statement of work.

10. Confidentiality

Each party will protect the other party's non-public confidential information using reasonable care and will use it only for the relationship between the parties. Confidentiality obligations do not apply to information that is lawfully public, already known without restriction, independently developed, or lawfully received from another source without a duty of confidentiality.

A party may disclose confidential information when legally required, subject to notice where legally permitted.

11. Suspension

NetaMate may suspend access when reasonably necessary to address an active security threat, unlawful use, material violation of the Acceptable Use Policy, risk to other customers or systems, or materially overdue undisputed payment. Where practical, we will limit a suspension to the affected service or account and provide notice and an opportunity to remedy the issue.

12. Term, termination and data handling

The service term and renewal rules are set out in the applicable order or agreement. Either party may terminate for material breach if the breach is not cured within a reasonable period after written notice, unless the breach cannot reasonably be cured or immediate action is permitted by the agreement or law.

After termination, Customer access may end. Data export, return, retention and deletion are handled according to the applicable product, written agreement and Data Processing Agreement. Backup copies may remain for a limited backup lifecycle before being overwritten or deleted in the ordinary course.

13. Warranties and disclaimers

NetaMate will provide paid services with reasonable care and skill consistent with the applicable service description. Except for express commitments in a written agreement and warranties that cannot lawfully be excluded, services are provided without additional implied warranties.

14. Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits or revenue, arising from the service, except where such exclusion is prohibited by law.

Unless a written agreement states a different cap, and to the maximum extent permitted by law, each party's aggregate liability arising from a paid service is limited to the fees paid or payable for the affected service during the twelve months before the event giving rise to the claim. This limitation does not apply where applicable law prohibits limitation, or to obligations expressly stated as uncapped in a signed agreement.

15. Responsibility for third-party claims

Each party remains responsible for third-party claims to the extent caused by its unlawful conduct, infringement, or material breach of obligations that expressly apply to that claim. Any broader indemnity obligation must be stated in the applicable written agreement.

16. General terms

Neither party is liable for delay caused by events outside its reasonable control, except for payment obligations already due. Neither party may assign the agreement in a manner prohibited by applicable law or the applicable order. If a provision is unenforceable, the remaining provisions continue to apply.

The governing law and dispute process are those stated in the applicable order, statement of work or signed agreement. If none is stated, the law applicable to NetaMate Solutions at its principal place of business applies, except where mandatory law requires otherwise.

17. Contact

Questions about these Terms of Service can be sent to contact@netamate.com.

Questions about this document?
contact@netamate.com