Terms and Conditions

Effective Date: October 11, 2025

1. Introduction and Acceptance of Terms

Welcome to PES Cloud Services. These Terms and Conditions govern your use of our website located at https://pescloud.services/ and all digital services provided by PES Cloud Services. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

PES Cloud Services is a digital services provider operating from Panama City, Panama. We reserve the right to modify these Terms and Conditions at any time. Your continued use of our services after any such changes constitutes your acceptance of the new Terms and Conditions.

2. Services Description

PES Cloud Services provides exclusively digital services, which may include but are not limited to:

• Cloud computing and storage solutions
• Software as a Service (SaaS) applications
• Digital infrastructure services
• Technical support and consultation
• Data management and processing services
• Other digital products and services as described on our website

All services are provided electronically and do not include any physical products or deliveries.

3. Account Registration and Security

3.1 Account Creation

To access certain services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Immediately notify us of any unauthorized use of your account
• Ensure that you log out from your account at the end of each session
• Use a strong and secure password
• Not share your account credentials with any third party

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms and Conditions or engaged in fraudulent, illegal, or abusive behavior.

4. Payment and Fees

4.1 Pricing

All prices for our services are listed on our website and are subject to change without notice. Prices are displayed in the currency specified on our website and include all applicable taxes unless otherwise stated.

4.2 Payment Methods

We accept various payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided.

4.3 Billing

Depending on the service selected, you may be billed on a one-time, recurring monthly, or annual basis. Recurring charges will be billed automatically until you cancel the service. You are responsible for ensuring that your payment information is current and accurate.

4.4 Failed Payments

If a payment fails or is declined, we reserve the right to suspend or terminate your access to services until payment is successfully processed. We may also charge fees for failed payment attempts where permitted by law.

5. Service Level and Availability

While we strive to provide uninterrupted access to our services, we do not guarantee that our services will be available at all times or free from errors, viruses, or other harmful components. We reserve the right to:

• Perform scheduled and emergency maintenance
• Modify or discontinue services with or without notice
• Limit or restrict access to certain features or services

We will make reasonable efforts to notify users of scheduled maintenance in advance.

6. User Responsibilities and Acceptable Use

6.1 Prohibited Activities

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include but are not limited to:

• Violating any applicable local, national, or international law
• Infringing upon intellectual property rights of others
• Transmitting malware, viruses, or any harmful code
• Attempting to gain unauthorized access to our systems or networks
• Engaging in any form of data mining, scraping, or automated data collection
• Harassing, threatening, or abusing other users
• Distributing spam or unsolicited communications
• Impersonating any person or entity
• Using services for fraudulent purposes

6.2 Content Responsibility

You are solely responsible for any content you upload, store, or transmit through our services. You warrant that you have all necessary rights and permissions for such content and that it does not violate any third-party rights or applicable laws.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and design, are the exclusive property of PES Cloud Services or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or business purposes in accordance with these Terms and Conditions. This license does not permit you to:

• Modify, copy, or create derivative works
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Transfer, sublicense, or resell our services without written permission

7.3 Your Content

You retain all ownership rights to content you upload or create using our services. By using our services, you grant us a worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing services to you.

8. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimer

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• Our services will meet your specific requirements
• Services will be uninterrupted, timely, secure, or error-free
• Results obtained from using services will be accurate or reliable
• Any errors in services will be corrected

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PES CLOUD SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to our services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless PES Cloud Services, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our services

11. Third-Party Services and Links

Our services may contain links to third-party websites or services that are not owned or controlled by PES Cloud Services. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content or services.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at [email protected] or through your account settings. Upon termination, your right to use our services will immediately cease.

12.2 Termination by Us

We may terminate or suspend your account and access to services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms and Conditions. Upon termination by us, you must immediately cease all use of our services.

12.3 Effect of Termination

Upon termination of your account:

• All licenses and rights granted to you will immediately terminate
• You must cease all use of our services
• We may delete your data in accordance with our data retention policies
• Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, and limitations of liability

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any legal action or proceeding arising out of or related to these Terms and Conditions or our services shall be brought exclusively in the courts located in Panama City, Panama. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

13.3 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue legal remedies.

14. General Provisions

14.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PES Cloud Services regarding your use of our services and supersede all prior agreements and understandings.

14.2 Modifications

We reserve the right to modify these Terms and Conditions at any time. We will notify you of any material changes by posting the new Terms and Conditions on our website and updating the effective date. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.

14.3 Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of PES Cloud Services.

14.4 Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14.5 Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder without our prior written consent. We may assign or transfer these Terms and Conditions without restriction.

14.6 No Third-Party Beneficiaries

These Terms and Conditions do not create any third-party beneficiary rights.

14.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, government actions, or Internet service provider failures.

15. Contact Information

16. Language

These Terms and Conditions may be provided in multiple languages for your convenience. In the event of any conflict or inconsistency between different language versions, the English version shall prevail.

17. Electronic Communications

By using our services, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and promotional messages. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last Updated: October 11, 2025
These Terms and Conditions are effective as of the date stated above and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page.