Master Subscription Agreement

Fusion X Labs LLC (“Tenaya360”) Master Subscription Agreement

Effective Date: January 31st, 2025

1. Introduction & Acceptance of Terms

This Master Subscription Agreement (“Agreement”) governs your use of the services provided by Fusion X Labs LLC (“Tenaya360”). By subscribing to any Tenaya360 service, you agree to these terms. If you do not agree, do not use our services.

2. Services Covered

This Agreement applies to the following services:

2.1 360 Support Package

Includes:

• Weekly software updates
• Daily cloud backups
• T360 Firewall
• 24/7 security monitoring
• Free hack remediation
• Advanced monitoring
• 360 Portal access
• Priority support
• One (1) support credit per month (additional credits available for purchase)
• Dedicated account manager

2.2 VPS Hosting

Includes:

• Dedicated Virtual Private Server (VPS)
• Scalable resources (CPU, RAM, storage)
• SSD storage for optimal performance
• Full root access (if applicable)
• 24/7 server monitoring
• Daily automated backups
• DDoS protection
• Managed security updates
• 99.9% uptime guarantee
• Priority technical support

2.3 Website Projects

Includes:

• Custom or templated website design and development using WordPress
• Responsive and mobile-friendly design
• Domain setup and configuration
• Website hosting setup (if applicable)
• Google My Business setup and optimization
• Basic on-page search engine optimization (SEO)
• Integration of essential third-party services and plugins
• Content placement and formatting
• One round of revisions post-launch

2.4 Support Credits

• 1 Support Credit is equal to 1/2 hour (30 minutes) of service or less.
• If the support ticket is submitted, completed and closed, billing will ensue. 
• If another support ticket is opened for an unrelated task, additional support credits will be charged. 
• By purchasing packs of Support Credits you will save 5-15%. 

3. Payment & Billing

• All services are billed through Stripe.
• Payments are due on the same calendar day each month as the initial subscription date.
• A non-refundable deposit of 50% is required to begin Website Projects.
• Upon completion and submission of the draft of the website to the client, prior to the revisions period, a 30% payment will be required. 
• Remaining 20% balance for Website Projects are due upon completion and launch of the website.
• Additional revisions beyond the included round may incur extra fees.
• All fees are non-refundable.
• Late payments may result in service suspension or termination.

4. Client Responsibilities

• Provide accurate information and access credentials as needed.
• Ensure compliance with all applicable laws regarding website content and data collection.
• Find and use content on the website that does not infringe on copyright laws.
• Maintain independent backup copies of critical data.
• Use services only for lawful purposes.
• Regularly update website applications and scripts to prevent vulnerabilities (for VPS Hosting clients).

5. Data Collection & Privacy

• Tenaya360 collects and processes personal data, including names, emails, phone numbers, and communications.
• Third-party tools may be used for tracking website activity.
• By using our services, you consent to data collection and processing per our Privacy Policy.
• Clients are responsible for ensuring their websites comply with data privacy laws applicable to their business.

6. Uptime, Security & Liability Disclaimer

• ADA Compliance: Tenaya360 does not guarantee that websites created, hosted, or maintained under our services will be fully compliant with the Americans with Disabilities Act (ADA). The client assumes all responsibility for ADA compliance.
• Uptime Guarantee: Tenaya360 aims for 99.9% uptime but does not guarantee uninterrupted service.
• Security: We implement robust security measures, but no system is immune to cyber threats.
• Liability: Fusion X Labs, LLC is not responsible for:
  • Website downtime or loss of income due to downtime.
  • Hacking, data breaches, or unauthorized access.
  • Loss or corruption of data, including personal or customer data.
  • Any claims, legal actions, or penalties related to privacy laws such as GDPR, CCPA, or other applicable regulations.
• Indemnification: Clients agree to indemnify Tenaya360 against any claims related to website use, data security, ADA compliance, or content violations.
• Backups: While backups are performed, clients should maintain independent backups.
• Third-Party Issues: Tenaya360 is not liable for issues related to third-party software, hosting providers, payment processors, or client modifications.

7. Termination & Refunds

• Either party may terminate the service with 30 days of written notice.
• No refunds will be issued for any services.
• If a Website Project is terminated before completion, the client remains responsible for work completed up to that point and is required to pay the remaining balance of the contract.
• Tenaya360 reserves the right to terminate services for non-payment or violations of this Agreement.

8. Dispute Resolution

• This Agreement is governed by the laws of the State of Delaware.
• Any disputes shall be resolved through binding arbitration in Walnut Creek, CA.
• The prevailing party in any dispute shall be entitled to recover legal fees and costs.

9. Force Majeure

• Tenaya360 is not liable for service interruptions due to circumstances beyond our control, including but not limited to natural disasters, cyberattacks, acts of war, or third-party failures.

10. Amendments

Tenaya360 reserves the right to update these terms with 15 days notice to clients.

11. Contact Information

For any questions, contact Tenaya360 at support@tenaya360.com.

By accessing, using, or subscribing to any Fusion X Labs LLC, “Tenaya360” service, you agree to be legally bound by this Master Subscription Agreement. If you do not agree, you must discontinue use of our services immediately.