TERMS & CONDITIONS

Last updated: October 7, 2025

These Terms and Conditions (“Terms”) govern your access to and use of TheCloudX.co and related pages, forms, and communications (the “Site”). The Site is operated by TheCloudX, Inc., a Delaware corporation, doing business as “The Cloud X” (“TheCloudX,” “we,” “us,” or “our”). By using the Site, you agree to these Terms.

If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the Site.

1) Our services

The Site describes and supports these services (the “Services”):

• White glove brokerage and advisory. We help companies run RFQs or RFPs for compute, cloud, and data center capacity. We compare offers and coordinate introductions.
• Capacity Partner Network. We accept applications from providers and may route curated opportunities to approved partners.
• Exchange preview and waitlist. TCX Exchange is in development. You can preview information and join a waitlist.

The Services are business to business. We are not a cloud provider or data center operator. Unless expressly agreed in a signed contract, we are not your broker of record, agent, or fiduciary.

2) Separate agreements

Project work, fees, and commercial terms are set in a separate agreement, order form, or statement of work. If there is a conflict between these Terms and a signed agreement with you, the signed agreement controls for that project.

3) Eligibility

You must be at least 18 and use the Services for business purposes. You confirm the information you submit is accurate and that you have the right to share it with us.

4) Your responsibilities

• Provide accurate information. Share complete and lawful data needed to scope an RFQ or partner profile.
• Use the Site lawfully. No scraping, spamming, infringing content, reverse engineering, or security testing.
• Respect confidentiality. If we share non-public information for an RFQ or introduction, keep it confidential and use it only for evaluation.
• No misuse of leads. Providers agree not to spam or misuse contact details received through an introduction.

5) Introductions, RFQs, and no guarantees

We work to present suitable options and to coordinate efficient decisions. Availability, pricing, performance, and timelines are set by providers and may change. We do not guarantee capacity, pricing, selection, or successful outcomes. Decisions to contract are solely between you and the provider you choose.

6) Fees and payments

Information about fees, commissions, or kickoff charges is provided in a separate agreement. You are responsible for applicable taxes unless the agreement states otherwise.

7) Exchange preview and waitlist

The Exchange is in development. Any preview materials or features are provided “as is.” Joining the waitlist does not guarantee access, listings, or future functionality. We may modify or discontinue preview features at any time.

8) Privacy

Our collection and use of personal information is described in our Privacy Policy, which is part of these Terms. By using the Site, you consent to the practices described there.

9) Intellectual property

The Site and its content, including text, graphics, logos, and layouts, are owned by TheCloudX or our licensors and are protected by law. You may not copy, modify, distribute, or create derivative works except as allowed by these Terms or by written permission.
If you submit feedback or suggestions, you grant TheCloudX a free, perpetual license to use that feedback without restriction.

10) Third-party services

The Services may link to third-party websites, tools, or providers. We are not responsible for their content or practices. Your use of third-party services is governed by their terms and policies.

11) Export, sanctions, and anti-corruption

You agree to comply with applicable export controls, economic sanctions, and anti-corruption laws. Do not use the Services for prohibited transactions.

12) Disclaimers

The Site and preview features are provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Advisory content is informational and does not replace your own due diligence, legal review, or technical validation.

13) Limitation of liability

To the fullest extent allowed by law, TheCloudX is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for all claims related to the Services will not exceed the amounts you paid to TheCloudX for the Services that gave rise to the claim in the twelve months before the claim.

14) Indemnification

You will defend and indemnify TheCloudX and its officers, directors, employees, and agents from claims, damages, losses, and expenses arising from your misuse of the Services, your breach of these Terms, or your violation of law or third-party rights.

15) Suspension and termination

We may suspend or terminate access to the Site or Services if we believe you violated these Terms or law, or to prevent harm. You may stop using the Site at any time. Sections that by nature should survive termination will survive.

16) Changes to the Site or Terms

We may update the Site and these Terms from time to time. The “Last updated” date shows the latest revision. Continued use of the Site after changes means you accept the updated Terms.

17) Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. Before filing a lawsuit, the parties will try in good faith to resolve disputes through at least eight hours of mediation in Wilmington, Delaware. If mediation does not resolve the dispute, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware. Each party waives any objection to venue or forum on grounds of convenience.

18) Notices

Legal notices to TheCloudX must be sent by email and by mail to the address below. We may contact you using the email you provide on the Site.

19) General

These Terms are the entire agreement between you and TheCloudX regarding the Site, except for separate signed agreements for specific services. If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our written consent. We may assign in connection with a corporate transaction. No waiver is effective unless in writing.

20) Contact

TheCloudX, Inc. dba “The Cloud X”
Email: alfred.francis@thecloudx.co
Phone: +1 631 312 8667
Mailing address available upon request