Terms of Use

Last Updated: July 21, 2025

Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) carefully before using the www.gxp-storage.com website and related services (collectively, the “Service”) operated by GXP-Storage LLC (“GXP”, “Company”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.  If you disagree with any part of these Terms, you do not have permission to access or use the Service.

 

1. Acceptance of Terms

By creating an account, accessing, or using our Service, you:

  • Confirm that you are at least 18 years old or have parental/guardian consent
  • Agree to comply with these Terms and all applicable laws and regulations
  • Accept our Privacy Policy, which is incorporated into these Terms by reference
  • Understand that these Terms may be updated from time to time

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Company Information

GXP-Storage LLC is a limited liability company incorporated in the United States with its principal place of business at 8078 Middlesex Corporate Parkway, Middlesex, NC 27557, USA

For UK Operations: We operate in compliance with UK consumer protection laws and regulations when providing services to UK users.

 

2. Description of Service

GXP provides cloud storage and related technology services through our website and platform. Our Service includes:

  • Cloud storage solutions and data management
  • User account management and authentication
  • Customer support and technical assistance
  • Analytics and performance monitoring
  • Communication tools and notifications

3. User Accounts and Responsibilities

Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must immediately notify us of any unauthorized use of your account
  • You may not create multiple accounts or allow others to use your account

Account Responsibilities

  • You are solely responsible for all activities that occur under your account
  • You must comply with all applicable laws and regulations when using the Service
  • You must not use the Service for any illegal or unauthorized purpose
  • You are responsible for maintaining appropriate security measures for your data

4. Acceptable Use Policy

You agree NOT to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload, store, or transmit any content that is illegal, harmful, or inappropriate
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service to transmit spam, malware, or other harmful content
  • Impersonate any person or entity or misrepresent your affiliation
  • Engage in any activity that could damage our reputation or business
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems to access the Service without permission
  • Violate the rights of other users or third parties
  • Exceed any rate limits or use restrictions

5. User Content and Data

Your Content

  • You retain ownership of any content, data, or information you upload to the Service
  • You grant us a limited license to use, store, and process your content to provide the Service
  • You are responsible for ensuring you have the right to upload and use any content
  • You represent that your content does not violate any laws or third-party rights

Content Guidelines

  • We reserve the right to remove content that violates these Terms
  • We may suspend or deactivate accounts that repeatedly violate content guidelines
  • You are responsible for backing up your important data

Data Processing

  • We process your data in accordance with our Privacy Policy
  • By using the Service, you consent to data processing as described in our Privacy Policy
  • We implement appropriate security measures to protect your data
  • Data retention periods are specified in our Privacy Policy

6. Third-Party Services and Integration

Our Service integrates with various third-party services to enhance functionality:

Analytics Services

  • We use an analytics platform to analyze website usage and improve our Service
  • This platform may collect information about your use of the Service
  • You can opt out of analytics tracking through browser settings or the provider’s opt-out tools
  • The platform’s privacy practices are governed by its Privacy Policy

Marketing Automation Platform

  • We use a marketing automation platform for customer relationship management and marketing automation
  • This platform may process your contact information and interaction data
  • This integration helps us provide better customer support and communication
  • The platform’s data processing is governed by its Privacy Policy

Customer Relationship Management (CRM)

  • We use a CRM platform for customer relationship management and business operations
  • This platform may process customer and prospect information
  • This integration enables us to manage customer relationships effectively
  • The platform’s data processing is governed by its Privacy Policy

Business Communication Platform

  • We use a business communication platform for voice and video services
  • This platform may process communication data and call records
  • Communications may be recorded for quality assurance and training purposes
  • The platform’s data processing is governed by its Privacy Policy

By using our Service, you acknowledge and agree to the integration of these third-party services and their respective privacy practices.

 

7. Privacy and Data Protection

  • Your privacy is important to us, and we are committed to protecting your personal information
  • Our Privacy Policy governs our collection, use, and sharing of your information
  • You have certain rights regarding your personal information as described in our Privacy Policy
  • Where we act as a data processor for business customers, our data processing terms are available upon request
  • We comply with applicable data protection laws, including:
    • For EU/EEA and UK users: UK GDPR and Data Protection Act 2018
    • For California users: California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
    • For other US users: Applicable state and federal privacy laws. For data protection inquiries, contact our Data Protection Officer at privacy@gxp-storage.com.

8. Intellectual Property Rights

Our Intellectual Property

  • The Service and its original content, features, and functionality are owned by GXP and its licensors
  • The Service is protected by copyright, trademark, and other intellectual property laws
  • Our trademarks and trade dress may not be used without our prior written consent
  • All rights not expressly granted to you are reserved by GXP

Respect for Third-Party Rights

  • You must respect the intellectual property rights of others
  • You may not upload or use content that infringes on third-party rights
  • We will respond to valid intellectual property infringement notices
  • Repeat infringers may have their accounts terminated

9. Service Modifications and Availability

Service Changes

  • We reserve the right to modify, suspend, or discontinue the Service at any time
  • We may add, remove, or modify features and functionality
  • We will provide reasonable notice of material changes when possible
  • Continued use of the Service after changes constitutes acceptance

Service Availability

  • We strive to maintain high service availability, but we cannot guarantee uninterrupted service
  • The Service may be unavailable due to maintenance, upgrades, or technical issues
  • We are not liable for any losses resulting from service unavailability
  • We will make reasonable efforts to minimize service disruptions
  • Business customers may be eligible for Service Level Agreements (SLAs) under a separate agreement.

10. Fees and Payment

Service Fees

  • Certain features of the Service may require payment of fees
  • All fees are non-refundable unless otherwise specified in writing or required by applicable law
  • We may change our fees with reasonable advance notice
  • You are responsible for all taxes related to your use of the Service

Payment Terms

  • Payment must be made through approved payment methods
  • You authorize us to charge your payment method for applicable fees
  • Failed payments may result in service suspension or termination
  • You must maintain current payment information
  • For business accounts, we may offer invoicing with net payment terms
  • Late payments may incur interest charges as permitted by law

UK Consumer Rights

If you are a UK consumer, you have additional rights under the Consumer Contracts Regulations 2013:

  • Cancellation Period: You may cancel your contract within 14 days of entering into it without giving any reason
  • Cancellation Process: To cancel, you must send a clear statement of your decision to cancel to contact@gxp-storage.com
  • Refund Rights: If you cancel within the cancellation period, we will refund all payments received from you within 14 days
  • Service Commencement: If you request that services begin during the cancellation period, you may be charged for services provided up to the point of cancellation
  • Exceptions: The right to cancel may not apply to certain personalized services or services fully performed with your consent before the cancellation period expires

11. Suspension and Termination

Termination by You

  • You may terminate your account at any time by contacting us
  • You remain responsible for all fees incurred before termination
  • We will assist with data export upon request, subject to technical limitations

Termination by Us

  • We may suspend or terminate your access immediately for violations of these Terms
  • We may terminate your account with reasonable notice for non-payment
  • We may terminate the Service entirely with reasonable notice
  • Upon termination, your right to use the Service ceases immediately

Effect of Termination

  • All provisions that should survive termination will remain in effect
  • You remain liable for all obligations incurred before termination
  • We may delete your data according to our retention policies
  • Termination does not affect any rights or obligations that accrued before termination

12. Disclaimers and Warranties

Service Disclaimer

  • The Service is provided on an “AS IS” and “AS AVAILABLE” basis
  • We make no warranties, express or implied, regarding the Service beyond those required by law
  • We do not warrant that the Service will be uninterrupted, secure, or error-free
  • We do not warrant that results from using the Service will meet your requirements

Warranty Disclaimers

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or completeness of content
  • Security or absence of viruses or harmful components

Statutory Rights Protection

For UK Consumers:

  • Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015
  • You have the right to receive services that are performed with reasonable care and skill
  • You have the right to receive services that conform to any information provided about them
  • If services do not conform to the contract, you may be entitled to remedies, including repeat performance, price reduction, or refund

For US Consumers:

  • Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you
  • You may have additional rights under state consumer protection laws

13. Limitation of Liability

Damages Limitation

  • In no event shall GXP, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages
  • This includes, without limitation, loss of profits, data, use, goodwill, or other intangible losses
  • These limitations apply regardless of the legal theory and even if we have been advised of the possibility of such damages

Maximum Liability

  • Our total liability to you for all claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim
  • If you have not paid us any fees, our total liability shall not exceed $100

Exceptions and Statutory Rights

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Breach of statutory rights that cannot be excluded or limited by law
  • Any other liability that cannot be excluded or limited under applicable law

For UK Consumers:

  • These liability limitations are subject to your statutory rights under the Consumer Rights Act 2015
  • You have the right to receive services that conform to the contract
  • If services do not conform, you may be entitled to a repeat performance, price reduction, or refund
  • Nothing in these Terms affects your statutory rights as a consumer

Jurisdictional Variations

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

14. Indemnification

You agree to defend, indemnify, and hold harmless GXP and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you upload or transmit through the Service

15. Dispute Resolution

Governing Law and Jurisdiction

For US Users:

  • These Terms are governed by the laws of the State of North Carolina, United States
  • Any legal action must be brought in the courts of North Carolina
  • We both consent to the exclusive jurisdiction of these courts

For UK Users:

  • These Terms are governed by the laws of England and Wales for UK users
  • UK consumers may bring legal proceedings in the courts of England and Wales, Scotland, or Northern Ireland
  • We may bring legal proceedings against UK users in the courts of England and Wales

Informal Resolution

  • Before filing any formal legal action, you agree to first contact us to seek a resolution
  • We will work in good faith to resolve any disputes informally
  • If informal resolution is unsuccessful, formal legal proceedings may be pursued

Alternative Dispute Resolution (UK Users)

For UK consumers, you have access to alternative dispute resolution:

  • Online Dispute Resolution (ODR): EU consumers can access the ODR platform at https://ec.europa.eu/consumers/odr/
  • Independent Dispute Resolution: We will provide information about relevant alternative dispute resolution procedures if a complaint cannot be resolved directly
  • Right to Court Proceedings: Your right to take legal action in the courts is not affected by these alternative dispute resolution options

16. Compliance and Legal Requirements

Regulatory Compliance

  • You must comply with all applicable laws and regulations when using the Service
  • You are responsible for ensuring your use of the Service complies with local laws
  • We may suspend or terminate service if required by law or regulation

Export Controls

  • The Service may be subject to export control laws and regulations
  • You agree to comply with all applicable export control requirements
  • You may not use the Service in prohibited jurisdictions

17. Miscellaneous

Entire Agreement

  • These Terms, together with our Privacy Policy, constitute the entire agreement between you and GXP
  • These Terms supersede all prior or contemporaneous communications regarding the Service

Severability

  • If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect
  • Invalid provisions will be replaced with valid provisions that most closely match the intent of the original

Waiver

  • Our failure to enforce any right or provision does not constitute a waiver of that right or provision
  • Any waiver of these Terms must be in writing and signed by us

Assignment

  • You may not assign or transfer these Terms without our written consent
  • We may assign these Terms without restriction
  • These Terms bind and benefit the parties and their successors and assigns

Force Majeure

  • We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control
  • This includes but is not limited to acts of nature, government actions, or service provider failures

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the “Last Updated” date at the top of these Terms
  • Notify you through the Service or by email
  • Provide reasonable notice before material changes take effect
  • Post the updated Terms on our website

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

19. Contact Information

If you have any questions about these Terms, please contact us:

General Contact: contact@gxp-storage.com
Legal Contact: legal@gxp-storage.com
Privacy Contact: privacy@gxp-storage.com

Mailing Address:
GXP-Storage LLC
Attn: Legal Department
8078 Middlesex Corporate Parkway
Middlesex, NC 27557 USA

UK Users: For UK-specific inquiries or complaints that cannot be resolved directly with us, you may contact:

  • Citizens Advice: For consumer advice and guidance
  • Trading Standards: For consumer protection issues
  • Information Commissioner’s Office (ICO): For data protection concerns

Additional Resources:

  • EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/ (for EU consumers)
  • UK Consumer Rights Information: https://www.citizensadvice.org.uk/consumer/

Effective Date: These Terms of Use are effective as of the “Last Updated” date specified above and will remain in effect until modified or terminated in accordance with these Terms.