TERMS OF USE

Last Updated: June 4, 2026

Please read these Terms of Use (“Terms” or “Agreement”) carefully before using www.gxp-storage.com and related services (collectively, the “Service”) operated by GXP-Storage LLC (“GXPS”, “Company”, “us”, “we”, or “our”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Section 1. Acceptance of Terms

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

confirm you are at least 18 years of age, or have obtained parental or 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; and
acknowledge that these Terms may be updated from time to time in accordance with Section 18.

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

Section 2. Description of Services

GXPS provides cloud storage and related technology services. 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

Section 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 for the same individual or permit third parties to use your account.

Account Responsibilities

You are solely responsible for all activities conducted 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 controls for systems accessing the Service.

Section 4. Acceptable Use Policy

You agree NOT to use the Service to:

Violate any applicable federal, state, or local laws, regulations, or third-party rights.
Upload, store, or transmit any content that is illegal, harmful, defamatory, or obscene.
Interfere with or disrupt the Service, our servers, or networks connected to the Service.
Attempt to gain unauthorized access to any part of the Service or related systems.
Transmit spam, malware, ransomware, or other malicious content or code.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
Use automated scripts, bots, or scraping tools to access the Service without our prior written consent.
Violate or infringe the intellectual property, privacy, or other rights of any third party.
Engage in any activity that could damage our reputation, business, or goodwill.
Exceed any usage limits or restrictions communicated to you.

Section 5. User Content and Data

Your Content

You retain all ownership rights in content, data, or information you upload to the Service (“Your Content”).
You grant GXPS a non-exclusive, royalty-free, worldwide license solely to use, store, copy, transmit, and process Your Content to provide the Service.
You represent and warrant that you have all rights necessary to upload Your Content, and that Your Content does not infringe any third-party rights.

Data Processing

We process your personal information in accordance with our Privacy Policy.
We implement appropriate technical and organizational security measures to protect your data.
Where GXPS acts as a data processor for your business, our GXPS Data Protection Exhibit governs such processing and is available upon request at privacy@gxp-storage.com.

Content Standards

We reserve the right to remove any content that violates these Terms.
We may suspend or terminate accounts that repeatedly violate our content standards.
You are solely responsible for maintaining your own backup copies of Your Content.

Section 6. Third-Party Services and Integrations

Our Service integrates with third-party service providers to enhance functionality. These include analytics services, a marketing automation platform, a customer relationship management (CRM) platform, and a business communication platform. Our CRM platform is Salesforce, Inc., which acts as a data processor on our behalf under a data processing agreement. Communications through our business communication platform may be recorded for quality assurance and training purposes, and you will be notified when recording is active. Each third-party provider is governed by its own privacy policy and data processing terms. By using our Service, you acknowledge and agree to the integration of these third-party services. Full details of our third-party processors are set out in our Privacy Policy.

Section 7. Privacy and Data Protection

Our Privacy Policy, available at www.gxp-storage.com/privacy-policy, governs how we collect, use, and share your personal information.
We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and other applicable state and federal privacy laws.
You have certain rights regarding your personal information as described in our Privacy Policy.
Where we process personal information on behalf of business customers, our GXPS Data Protection Exhibit governs such processing and is available at privacy@gxp-storage.com.
For data protection inquiries, contact our Data Privacy Officer at privacy@gxp-storage.com.

Section 8. Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are owned by GXPS and its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
All rights not expressly granted to you under these Terms are reserved by GXPS.

Third-Party Rights

You must not upload or use content that infringes the intellectual property rights of any third party.
We will respond to valid notices of intellectual property infringement in accordance with applicable law.
Repeated infringement may result in account termination.

Section 9. Service Modifications and Availability

Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable advance notice for material changes.
We may add, modify, or remove features or functionality.
Your continued use of the Service after any changes constitutes acceptance of the updated Service.

Service Availability

We strive to maintain high Service availability but cannot guarantee uninterrupted or error-free operation.
The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control.
We are not liable for losses arising from temporary Service unavailability.
Business customers may be eligible for Service Level Agreements under a separate written agreement.

Section 10. Fees and Payment

Service Fees

Certain features of the Service require payment of fees as set out in our applicable price schedule.
All fees are non-refundable unless otherwise expressly stated in writing or required by applicable law.
We may modify our fee schedule with reasonable advance notice.
You are responsible for all applicable taxes in connection with your use of the Service.

Payment Terms

Payment must be made through our approved payment methods.
By providing payment information, you authorize us to charge applicable fees to your payment method.
Failure to pay fees when due may result in suspension or termination of your access to the Service.
For business accounts, we may offer net-30 invoice payment terms.
Any undisputed amounts not paid when due will accrue interest at the rate of 1.25% per month, or the maximum rate permitted by applicable law if lower.

Section 11. Suspension and Termination

Termination by You

You may terminate your account at any time by contacting us at contact@gxp-storage.com.
You remain responsible for all fees accrued prior to termination.
We will assist with data export upon request, subject to technical limitations.

Termination or Suspension by GXPS

We may immediately suspend or terminate your access for material violation of these Terms.
We may terminate your account with 30 days’ written notice for non-payment or other non-material breach.
We may suspend or terminate the Service generally with 30 days’ notice to users.

Effect of Termination

Upon termination, your right to access and use the Service ceases immediately.
Sections 5, 7, 8, 12, 13, 14, and 15 survive termination.
We may delete your data in accordance with our data retention policies.
Termination does not release you from any obligation or liability accrued prior to termination.

Section 12. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, GXPS expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties that the Service will be uninterrupted, timely, secure, or error-free; and warranties as to the accuracy or completeness of any content. Some states do not permit the exclusion of implied warranties, so the above may not apply to you in full.

Section 13. Limitation of Liability

Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GXPS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

Liability Cap

Our total aggregate liability to you for all claims arising out of or related to the Service will not exceed the greater of: (a) the total fees you paid to GXPS in the 12 months immediately preceding the claim; or (b) one hundred US dollars ($100).

Exceptions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Section 14. Indemnification

You agree to defend, indemnify, and hold harmless GXPS and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Service; (b) your breach of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you upload or make available through the Service.

Section 15. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact GXPS at legal@gxp-storage.com and allow at least 30 days for good-faith attempts to resolve the dispute informally.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally may be submitted to binding arbitration administered by the American Arbitration Association (AAA) or JAMS under their applicable commercial arbitration rules. The arbitration will take place in Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND GXPS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Section 16. Compliance and Legal Requirements

Regulatory Compliance

Both parties must comply with all applicable laws and regulations in connection with use of the Service. We may suspend or terminate the Service if required by law or regulatory order.

Anti-Corruption

You agree to comply with the U.S. Foreign Corrupt Practices Act (FCPA) and all other applicable anti-corruption and anti-bribery laws in connection with your use of the Service.

Export Controls

The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export control requirements and not to use the Service in any jurisdiction subject to U.S. sanctions or export restrictions.

Section 17. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any applicable separately executed agreement, constitute the entire agreement between you and GXPS regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision unless acknowledged in writing.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God or nature, fires, floods, earthquakes, pandemics or public health emergencies, governmental actions or regulatory changes, terrorism, cyberattacks on critical infrastructure, power outages, or failures of third-party telecommunications or internet service providers.

Notices

All notices under these Terms must be in writing. Notices to GXPS must be sent to legal@gxp-storage.com or by mail to the address in Section 19.

Section 18. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will: update the “Last Updated” date; notify you by email or through the Service; and provide at least 14 days’ advance notice before material changes take effect. Your continued use of the Service after any changes take effect constitutes acceptance of the updated Terms.

Section 19. Contact Information

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