Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern your access to and use of the websites, portals, products, plugins, extensions, hosted applications, and services provided by Cascadia Web Services, LLC, a Delaware limited liability company registered to do business in the State of Oregon, with its principal place of business in Oregon (“Cascadia Web Services,” “Cascadia,” “Company,” “we,” “us,” or “our”).

By accessing our websites, creating an account, submitting an order, signing a proposal or Statement of Work, installing or using any of our products, or otherwise using any Service, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

These Terms incorporate by reference our Privacy Policy, Cookie Policy, Disclaimer, Acceptable Usage Policy, and Copyright and DMCA Policy, each available at cascadiawebservices.com/legal.

Additional terms apply to particular relationships and are incorporated where relevant: our End User License Agreement governs use of our software products, plugins, extensions, and hosted products; our Partner Agreement governs reseller and white-label relationships; our Affiliate Program Agreement governs participation in the Affiliate Program; and our Data Processing Agreement governs our processing of personal data on your behalf. Where one of those documents conflicts with these Terms in respect of the relationship it governs, that document controls.

If you do not agree to these Terms, do not access or use the Services.

2. Definitions

“Client Data” means any data, content, files, records, databases, contact lists, media, credentials, or other materials that you or your end users provide to us, store within systems we manage, or that we access in the course of providing the Services.

“Client Systems” means any website, server, hosting environment, domain, DNS zone, mailbox, CRM, ERP instance, third-party platform account, or other system owned or controlled by you that we access, configure, or manage.

“Deliverables” means the custom work product we specifically create for you and deliver under a Statement of Work, including custom code, configurations, written content, designs, and documentation.

“Products” means our proprietary and open-source software offerings, including MountDev-branded plugins, extensions, connectors, and hosted applications such as the MCP Router.

“Services” means all managed services, professional services, hosting, consulting, development, marketing, messaging, and support services we provide, together with access to the Products.

“Statement of Work” or “SOW” means any written proposal, quote, order form, service plan, scope document, or subscription description accepted by you, whether signed, accepted electronically, or accepted by your payment or continued use.

“Third-Party Platform” means any software, infrastructure, or service operated by a party other than Cascadia that is used to deliver or support the Services, including without limitation Zoho, Cloudflare, Twilio, Anthropic, domain registrars, payment processors, and email delivery providers.

“Cascadia IP” means our pre-existing and independently developed intellectual property, including our Products, source code, frameworks, libraries, tooling, templates, methodologies, know-how, trademarks, and any improvements to the foregoing.

3. The Services

Cascadia provides managed and professional services across website hosting and development, business software administration, email and messaging infrastructure, marketing, operations, artificial intelligence and automation, and agency partnership programs. We also develop and distribute Products.

The specific Services you receive are defined by your applicable SOW. Descriptions on our website, in marketing materials, in comparison pages, or in sales conversations are general in nature and are not, by themselves, a commitment to deliver any particular scope, feature, outcome, or service level.

We may modify, improve, replace, or discontinue any Service or Product feature. Where a change would materially reduce the core functionality of a Service you are actively paying for, we will provide reasonable advance notice, and you may terminate the affected Service without penalty as your sole and exclusive remedy.

Section 16 sets out additional terms that apply to specific Services. Where Section 16 conflicts with the general provisions of these Terms, Section 16 controls for that Service.

4. Accounts and Portal Access

Some Services require an account or access to our client portal. You agree to provide accurate, current, and complete information, to keep that information updated, and to maintain the confidentiality of your credentials.

You are responsible for all activity that occurs under your account, including activity by your employees, contractors, agents, and anyone else to whom you grant access. You must notify us promptly of any suspected unauthorized access or security incident affecting your account.

You must not share credentials across individuals, permit access by anyone whose authorization has ended, or use another party’s account without permission. We may suspend or terminate any account we reasonably believe has been compromised, is being used in violation of these Terms, or presents a security risk to us or other clients.

Accounts must be registered by a person at least eighteen (18) years of age acting on behalf of a business or organization. The Services are offered for business use and are not directed to consumers or to children.

Primary User. Each account has a Primary User. Where you sign a Statement of Work, the signer is the Primary User. Where an account is created through our website or portal, the account creator is the Primary User. The Primary User is authorized to approve scope, incur fees, grant and revoke access, designate additional authorized users, and give instructions on your behalf.

Additional authorized users. The Primary User may designate additional users and the scope of their authority. We are entitled to rely on any instruction, approval, or request received from the Primary User or a designated authorized user through any channel we ordinarily use with you, including email, the portal, ticketing, and chat, without further verification.

Change of authority. If the Primary User changes, or if any authorized user has their authority reduced or withdrawn, you must notify us in writing from the Primary User account or, where the Primary User is unavailable, from a verifiable officer or owner of your organization. A change takes effect only when we confirm it in writing. Until then we may continue to rely on the previous designation, and we are not liable for any action taken in reliance on it.

Disputed authority. Where we receive conflicting instructions, or are notified of an internal dispute about who holds authority, we may suspend activity on the account, other than security and continuity work, until you provide written confirmation from a verifiable officer or owner. Fees continue to accrue during any such suspension.

5. Orders, Statements of Work, and Order of Precedence

Each engagement is defined by a SOW. A SOW becomes binding when you accept it in writing, accept it electronically, submit payment against it, or begin receiving the Services described in it.

Work outside the scope described in a SOW is out of scope. We are not obligated to perform out-of-scope work, and where we agree to do so, it will be quoted separately or billed at our then-current hourly rates. Verbal requests, chat messages, ticket comments, and email threads do not expand a fixed scope unless we confirm the change in writing.

In the event of a conflict, the following order of precedence applies: (1) any separately negotiated and signed master agreement between the parties; (2) the applicable SOW; (3) relationship-specific terms, being the Partner Agreement, the Affiliate Program Agreement, and the End User License Agreement; (4) Service-specific terms, being any Data Processing Agreement, Service Level Agreement, or product license; (5) these Terms; and (6) our other published policies.

Your purchase order terms, vendor portal terms, procurement templates, or other standard business forms have no effect and are expressly rejected, even if we acknowledge or process such a document.

6. Fees, Billing, and Payment

You agree to pay all fees stated in your SOW. Unless stated otherwise, all fees are quoted and payable in U.S. Dollars and are exclusive of taxes.

Plans purchased online. Where you purchase a plan through our website or client portal, the plan description shown at checkout is your SOW for that plan. Unless the plan states otherwise, plans are billed monthly in advance and renew on the first day of each month.

Automatic payment. By saving a payment method with us, you authorize us and our payment processor, Stripe, to charge it automatically on each renewal date for the plan fee, any usage charges, and applicable taxes, until the plan is canceled. You are responsible for keeping a valid payment method on file. A charge that fails is past due, and the late payment terms below apply.

Usage charges. Where your plan includes usage allowances, such as storage, bandwidth, or email volume, usage above those allowances is billed in arrears at the rates stated in your plan and added to your next renewal charge. Usage is measured by our systems and those of our infrastructure providers, and those records control.

Recurring services. Subscription and retainer fees are billed in advance on the cycle stated in your SOW and renew automatically for successive periods unless canceled in accordance with Section 8. Recurring fees are not prorated for partial periods, unused hours, or reduced usage, and unused hours or allowances do not roll over unless expressly stated.

Project work. Project engagements may require a deposit before work begins. Deposits are applied against the total project fee. Milestone or progress payments are due as stated in the SOW.

Pass-through costs. Third-party costs incurred on your behalf, including domain registrations and renewals, licenses, platform subscriptions, SMS and messaging charges, email sending volume, AI model usage, and infrastructure costs, are either billed to your own accounts directly or passed through to you at cost plus any stated administrative margin. You remain responsible for these amounts.

Late payment. Where we invoice you, invoices are due on the terms stated on the invoice, and if no term is stated, within fifteen (15) days of issue. Past-due amounts accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. We may suspend any or all Services on past-due accounts after providing notice, and we are not liable for any consequence of suspension for non-payment, including downtime, lost data, missed renewals, or business interruption.

Chargebacks. You agree to contact us before initiating any chargeback or payment dispute. Initiating a chargeback for amounts validly owed is a material breach, and you are responsible for our resulting fees and costs.

Taxes. You are responsible for all sales, use, VAT, GST, withholding, and similar taxes arising from the Services, excluding taxes on our net income. Where applicable, sales tax is calculated at checkout. If you are tax-exempt, you must provide valid documentation in advance.

Price changes. We may change recurring pricing with at least thirty (30) days’ notice before the change takes effect at your next renewal. If you do not accept a price change, you may cancel the affected Service before it takes effect.

7. Refunds and Cancellation

Recurring services. You may cancel a recurring Service effective at the end of the then-current billing period by providing written notice at least thirty (30) days before the renewal date. Cancellation stops future billing. Fees already paid for the current period are non-refundable, and the Service remains available through the end of that period.

Project work. Deposits become non-refundable once we have commenced work, reserved capacity, or incurred third-party costs on your behalf. If you cancel a project after work has begun, you remain responsible for all work performed and all third-party costs incurred through the date of cancellation, and we will invoice any unbilled amounts.

Products and one-time purchases. One-time purchases of Products, licenses, and digital goods are final and non-refundable once access, a license key, or a download has been provided, except where a refund is required by applicable law or by the marketplace through which the purchase was made.

Pass-through costs. Domain registrations and renewals, third-party licenses, platform subscriptions, messaging charges, and AI usage costs are non-refundable in all cases, as these amounts are paid to third parties and are not recoverable by us.

No refund for suspension or termination for cause. No refund or credit is due where a Service is suspended or terminated as a result of your breach of these Terms or the Acceptable Usage Policy.

Where any other page, marketing statement, or general policy of ours states that all sales are final, that statement applies to one-time Product purchases only, and this Section 7 controls for Services.

8. Term, Suspension, and Termination

These Terms begin when you first access or use the Services and continue until all SOWs have ended and all accounts are closed.

Termination for convenience. Either party may terminate a recurring Service as described in Section 7. Project engagements may be terminated by you at any time, subject to payment for work performed and costs incurred.

Termination for cause. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of written notice, or immediately and without a cure period in the case of insolvency, assignment for the benefit of creditors, or a breach incapable of cure.

Immediate suspension. We may suspend any Service immediately and without prior notice where we reasonably determine that continued operation presents a security risk, a legal risk, a risk to our infrastructure or other clients, a violation of the Acceptable Usage Policy, a risk to our sending reputation or messaging registrations, or where required by a Third-Party Platform, law enforcement, or applicable law. We will notify you as soon as reasonably practicable.

Effect of termination. On termination, all rights and licenses granted to you terminate, all outstanding amounts become immediately due, and we will cease providing the Services. On your written request made within thirty (30) days of termination, we will provide a reasonable export of Client Data in a commercially standard format, and we may charge our then-current hourly rate for migration assistance beyond a standard export. After that thirty (30) day window, we may delete Client Data, and we have no obligation to retain it.

Survival. Sections 6, 7, 8, 12, 13, 14, 15, 19, 20, 21, 22, 25, and 27 survive termination, together with any other provision that by its nature should survive.

9. Client Responsibilities and Cooperation

Our ability to deliver the Services depends on your cooperation. You agree to:

• provide timely, accurate, and complete information, content, approvals, and feedback;

• provide and maintain the access we reasonably require to Client Systems and Third-Party Platforms, including administrative credentials, delegated access, or API keys;

• designate a point of contact with authority to make decisions and grant approvals;

• maintain your own accounts, subscriptions, licenses, and payment methods with Third-Party Platforms where those are held in your name;

• review and approve work within any review period stated in a SOW, after which deliverables are deemed accepted;

• ensure that all Client Data you provide is lawfully obtained and that you have all rights and consents necessary for us to process it;

• comply with the Acceptable Usage Policy and all applicable laws.

Delays caused by your failure to provide information, access, approvals, or payment will extend our timelines accordingly and may result in additional fees where we have reserved capacity. We are not responsible for outcomes attributable to inaccurate information you supply, to changes you or third parties make to Client Systems outside our control, or to your failure to follow our written recommendations.

You are responsible for maintaining your own independent backups of any data you consider critical, notwithstanding any backup service we provide.

10. Third-Party Platforms and Pass-Through Terms

The Services depend on Third-Party Platforms that we do not own or control. Your use of those platforms is governed by the applicable third party’s own terms, policies, acceptable use rules, and service levels, which you are responsible for reviewing and complying with.

We are not responsible for, and disclaim all liability arising from: outages, degradation, defects, or discontinuation of any Third-Party Platform; changes to any third party’s API, pricing, features, terms, or policies; suspension or termination of your accounts by a third party; data loss, corruption, or breach occurring within a Third-Party Platform; or any act or omission of a domain registrar, payment processor, carrier, email provider, model provider, or infrastructure vendor.

Where a Third-Party Platform changes in a way that requires rework, migration, or reconfiguration, that work is out of scope and will be quoted separately unless your SOW expressly covers it.

Where we procure a Third-Party Platform on your behalf, we do so as your agent for that limited purpose. The underlying terms flow through to you, and you agree to be bound by them.

11. Credentials, Access, and Security

We hold credentials and access to Client Systems in a managed password vault, separated per client, and we require multi-factor authentication on administrative accounts we control. We will use the access you grant only as necessary to provide the Services.

You may review and withdraw the access we hold at any time. Withdrawing access we reasonably require may prevent us from delivering the Services, and any resulting failure to perform is not a breach by us.

Notwithstanding any security practices we describe on our website or elsewhere, no system is perfectly secure. We do not warrant that Client Systems will be free from unauthorized access, malware, vulnerability, or compromise. Our security obligations are limited to exercising commercially reasonable care consistent with the practices described in the applicable SOW.

You are responsible for security decisions outside our control, including credentials held by your staff and other vendors, access granted by you to third parties, code or plugins you or others install, and any refusal to apply a security update or configuration change we recommend in writing.

Each party will notify the other without undue delay upon becoming aware of a security incident affecting Client Data or Client Systems. Our notification and cooperation obligations regarding personal data are set out in the applicable Data Processing Agreement.

12. Data Protection and Processing

Our handling of personal information is described in our Privacy Policy. Where we process personal data on your behalf in the course of providing the Services, we act as a processor or service provider and you act as the controller or business, as those terms are used under applicable data protection law.

Where required by applicable law or reasonably requested by you, the parties will enter into a Data Processing Agreement setting out the subject matter, duration, nature and purpose of processing, categories of data and data subjects, security measures, subprocessor terms, assistance obligations, audit rights, and deletion and return obligations. The Data Processing Agreement, once executed, forms part of these Terms and controls in the event of any conflict regarding personal data.

We use subprocessors to deliver the Services. Our current subprocessors are published at cascadiawebservices.com/legal, and we will provide notice of material changes so that you have a reasonable opportunity to object.

You represent and warrant that you have provided all required notices and obtained all required consents and legal bases for us to process Client Data as contemplated by the Services, including with respect to contact lists, marketing and messaging recipients, employee and customer records held in systems we administer, and any data you direct us to submit to an AI model provider.

You will not provide us with, or store within systems we manage, any protected health information, payment card data outside a compliant processor environment, government identifiers, biometric data, children’s data, or other data subject to heightened regulatory requirements, unless we have agreed to receive that category of data in writing and the parties have implemented appropriate additional safeguards.

13. Confidentiality

Definition. “Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. This includes business plans, pricing, technical architecture, source code, credentials, security configurations, customer and prospect lists, financial information, and the terms of any SOW.

Obligations. Recipient will use Confidential Information only to perform under these Terms, will protect it with at least the same degree of care it uses for its own confidential information and no less than reasonable care, and will not disclose it to third parties except as permitted below.

Permitted disclosures. Recipient may disclose Confidential Information to its employees, contractors, subprocessors, and professional advisors who have a need to know and who are bound by confidentiality obligations at least as protective as these. Recipient remains responsible for their compliance.

Exclusions. These obligations do not apply to information that: (a) is or becomes public through no fault of Recipient; (b) was rightfully known to Recipient without restriction before disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed by Recipient without use of or reference to the Confidential Information.

Compelled disclosure. Recipient may disclose Confidential Information where required by law, regulation, subpoena, or court order, provided that, to the extent legally permitted, Recipient gives Discloser prompt written notice and reasonable cooperation so that Discloser may seek a protective order, and discloses only the portion legally required.

Return or destruction. On written request following termination, Recipient will return or destroy Confidential Information in its possession, except for copies retained in routine backups or as required by law, which remain subject to these obligations for so long as retained.

Survival. These obligations survive for three (3) years after termination, and indefinitely with respect to trade secrets and credentials for so long as the information remains a trade secret or the credentials remain in use.

Equitable relief. The parties agree that breach of this Section may cause irreparable harm for which monetary damages are inadequate, and that the non-breaching party is entitled to seek injunctive relief without posting bond.

14. Intellectual Property and Deliverables

Cascadia IP. We retain all right, title, and interest in Cascadia IP. Nothing in these Terms transfers ownership of Cascadia IP to you.

Client Data and Client materials. You retain all right, title, and interest in Client Data and in any content, trademarks, and materials you provide. You grant us a non-exclusive, worldwide, royalty-free license to use, host, copy, transmit, modify, and display those materials solely as necessary to provide the Services.

Deliverables. On full payment of all amounts due for the applicable engagement, we assign to you our rights in the Deliverables created specifically for you, subject to the reservations below. Until full payment is received, all Deliverables remain our property and you have no license to use them.

Reservations. The assignment above excludes, and we retain full ownership of: (a) Cascadia IP incorporated into a Deliverable; (b) any third-party or open-source component, which remains subject to its own license; and (c) general skills, knowledge, techniques, and know-how developed in the course of the work. Where Cascadia IP is embedded in a Deliverable, we grant you a perpetual, non-exclusive, non-transferable, royalty-free license to use that Cascadia IP solely as part of the Deliverable and solely for your internal business purposes.

Feedback. Any suggestions, ideas, or feedback you provide regarding the Services or Products may be used by us without restriction or obligation.

Portfolio and reference use. Unless you notify us otherwise in writing, we may identify you as a client and describe the general nature of the work in our portfolio, case studies, and marketing materials. We will not disclose Confidential Information in doing so. You may withdraw this permission at any time on written notice, effective prospectively.

15. Open Source Software

Certain Services and Products are built on, extend, or are distributed with open-source software, including WordPress. Open-source components are licensed to you under their own license terms, not under these Terms, and those license terms control with respect to those components.

Where a Deliverable constitutes a derivative work of software licensed under the GNU General Public License or a similar copyleft license, that Deliverable is licensed to you under the applicable open-source license, and the assignment provisions of Section 14 apply only to the extent consistent with that license. This means, among other things, that you receive the rights the open-source license grants you, and that we may retain and reuse such components.

We do not warrant open-source components, and they are provided as-is by their respective authors. You are responsible for complying with any attribution, source-availability, or notice obligations that apply to open-source software you distribute.

16. Service-Specific Terms

16.1 Hosting

Where we host a website or application for you, you are solely responsible for all content, code, and data placed on the hosted environment, whether by you, your users, your other vendors, or your visitors, and you represent that it does not infringe any third-party right or violate any law.

Hosting is subject to reasonable resource limits. We may throttle, isolate, or suspend an environment that consumes disproportionate resources, degrades shared infrastructure, or presents a security risk. Sustained overage may require an upgraded plan.

Backups are performed on the schedule stated in your SOW. Backups are a recovery aid, not a guarantee. We do not warrant that any particular backup will be complete, uncorrupted, or restorable, and we are not liable for data loss. You must maintain independent backups of anything you cannot afford to lose.

We may remove or disable access to content in response to a valid legal demand, a claim of infringement, a security threat, or a violation of the Acceptable Usage Policy. Our Copyright and DMCA Policy and designated agent information for notices under the Digital Millennium Copyright Act are published at cascadiawebservices.com/legal.

16.2 Website Development

Development engagements are scoped in a SOW and include the number of revision rounds stated there. Additional revisions, added features, and scope changes are billed separately.

You are responsible for providing content, media, and approvals on schedule and for confirming that you hold the necessary rights to all materials you supply. We do not warrant that any website will be free from defects, compatible with every browser, device, or assistive technology, or compliant with any particular accessibility standard unless accessibility conformance is an express, separately scoped deliverable.

Following launch, ongoing maintenance, updates, and support are provided only under a separate maintenance or managed plan.

16.3 Domains and DNS

Domain registrations are subject to the terms of the applicable registrar and to ICANN policies, which flow through to you. Registration and renewal fees are non-refundable.

Where we act as registrant of record or hold the registrar account for a domain used by you, we do so administratively on your behalf. On your written request and provided your account is current, we will transfer the domain or the registrant record to you or to a registrar of your choice, subject to registrar transfer rules, lock periods, and ICANN change-of-registrant requirements. Where the domain is registered in your own name, you remain responsible for maintaining the registrar account, contact details, and payment method.

You are responsible for ensuring that renewal funding and current contact information are in place. While we monitor renewals for domains we administer, we do not guarantee that any domain will renew, and we are not liable for expiration, redemption fees, loss of a domain, or any consequence of expiration arising from declined payments, registrar error, registry action, invalid contact data, or your failure to pay amounts due.

DNS changes can cause propagation delays and temporary service interruption. We are not liable for downtime, mail delivery failure, or other disruption arising from DNS changes, including changes made by you or by another vendor.

16.4 Email Services

Email services include mailbox administration, authentication configuration, transactional sending, marketing email, and outbound outreach, as scoped in your SOW.

Deliverability depends on factors outside our control, including recipient mail server policies, filtering algorithms, blocklist operators, sender reputation, recipient engagement, list quality, and message content. We configure authentication and infrastructure to industry standards, but we do not warrant or guarantee inbox placement, delivery, open rates, reply rates, or any deliverability outcome.

You are solely responsible for the content of all messages sent on your behalf and for the lawfulness of every recipient list. You represent and warrant that each recipient has been obtained lawfully and that you hold any consent, opt-in, or legal basis required in the recipient’s jurisdiction, including under CAN-SPAM, CASL, the GDPR and UK GDPR, ePrivacy rules, and equivalent laws.

You must not use the Services to send unsolicited bulk email, to send to purchased, rented, scraped, appended, or harvested lists, to send using false or misleading headers or sender identities, or to send without a functioning unsubscribe mechanism where one is required. You must honor opt-out requests promptly and maintain suppression lists.

We may suspend sending immediately where complaint rates, bounce rates, blocklisting, or provider notices indicate a risk to our infrastructure, our sending reputation, or a Third-Party Platform relationship. You are responsible for all costs, penalties, and remediation arising from your sending practices, including domain or IP reputation damage and blocklist delisting efforts.

16.5 SMS and Messaging

Where we configure, operate, or supply software supporting SMS or other messaging, you are the sender of record and the party responsible for compliance with all applicable messaging law and carrier requirements, including the Telephone Consumer Protection Act, state telemarketing and messaging laws, CTIA guidelines, and 10DLC or other carrier registration regimes.

You represent and warrant that you have obtained and can evidence the level of consent required for each message type and each recipient, that you provide required disclosures including opt-out instructions and message frequency and rate disclosures, and that you honor opt-out requests immediately.

Where we assist with brand or campaign registration, we do so based solely on information you supply, and you are responsible for the accuracy and completeness of that information. Registration approval, throughput allocation, and message deliverability are determined by carriers and registries, not by us, and we do not guarantee approval, delivery, or throughput.

Messaging charges are billed by the carrier or platform and are your responsibility. You are responsible for any fines, penalties, carrier violation fees, or claims arising from your messaging.

16.6 Marketing, SEO, GEO, Content, and Reputation

Search engines, AI answer engines, social platforms, and review platforms are controlled by third parties whose algorithms, policies, and ranking factors change without notice. We do not guarantee rankings, traffic, impressions, citations in AI-generated answers, leads, conversions, revenue, or any other marketing outcome. Any projection, forecast, benchmark, or historical result is illustrative only and is not a promise of future performance.

Results depend substantially on factors outside our control, including your market, competition, pricing, offer, website quality, budget, and your implementation of our recommendations.

Content we produce may be developed with the assistance of AI tools. You are the publisher of record for all content published under your brand and are responsible for reviewing it for accuracy, suitability, and compliance before publication. Section 16.8 applies to AI-assisted output.

Reputation services are limited to lawful practices. We do not and will not create, purchase, incentivize, solicit in exchange for consideration, or otherwise manipulate reviews or testimonials, and we cannot guarantee the removal or suppression of any review, article, or search result. Removal is at the sole discretion of the platform or publisher. You must not direct us to engage in any practice that would violate the Federal Trade Commission’s rules on consumer reviews and testimonials or any platform’s review policies, and we will decline any such request.

16.7 Zoho and Other Business Platform Services

Configuration, customization, development, and administration services for Zoho and similar business platforms are delivered within the constraints of those platforms. Platform bugs, API limitations, feature removals, licensing changes, and vendor support responsiveness are outside our control.

Because these platforms hold operational, financial, and personnel records, you are responsible for validating configurations, automations, calculations, permission models, and reports before relying on them for accounting, tax, payroll, regulatory, or other business-critical purposes. We are not your accountant, auditor, tax advisor, or legal advisor, and nothing we deliver constitutes accounting, tax, or legal advice.

Customizations may be affected by platform upgrades. Remediation of customizations following a platform update is out of scope unless covered by an active maintenance plan.

16.8 Managed AI Services

AI and automation services include process automation, agent configuration, model connectivity, and the setup and maintenance of Model Context Protocol connectors and similar integrations.

Nature of AI output. AI systems are probabilistic and can produce output that is inaccurate, incomplete, biased, outdated, or fabricated. We do not warrant the accuracy, reliability, completeness, or fitness for any purpose of any AI-generated output. AI output does not constitute legal, financial, tax, medical, or other professional advice.

Human review. You are responsible for reviewing AI-generated output before relying on it, publishing it, sending it to third parties, or using it in any decision that has legal, financial, safety, employment, or similar consequences. You must not use the Services for any fully automated decision-making that produces legal or similarly significant effects on individuals without appropriate human oversight and any legally required safeguards.

Autonomous actions. Where you authorize an AI system to take actions within Client Systems, including creating, modifying, or deleting records, publishing content, sending communications, or executing transactions, you accept the risk of unintended actions. You are responsible for defining the scope of authority granted to any agent, for the permission model applied, and for reviewing audit logs. To the fullest extent permitted by law, we are not liable for any loss, corruption, deletion, disclosure, unauthorized transaction, or other consequence arising from actions taken by an AI system operating within the permissions you configured or approved. You should maintain backups and test agent behavior in a non-production environment before granting production access.

Data flows to model providers. Delivering these Services requires transmitting prompts, context, and Client Data to third-party model providers. Our current AI subprocessor is Anthropic, PBC. Those providers process data under their own terms, and we will use commercially reasonable efforts to configure enterprise or zero-retention arrangements where available. You are responsible for ensuring you have a lawful basis to transmit Client Data to a model provider and for not submitting data you are not permitted to disclose.

Usage costs. Where model access is billed to your own accounts, you retain control of and responsibility for that spend. Automations, agents, retries, and loops can consume tokens, API calls, and platform credits rapidly. You are solely responsible for all usage charges incurred, including charges resulting from misconfiguration, runaway processes, or unexpected volume, and we are not liable for such charges. You should configure your own spending limits and alerts.

Model changes. Model providers deprecate, replace, and change the behavior of models. Output quality may change without notice. Remediation following a model change is out of scope unless covered by an active automation maintenance plan.

16.9 Products, Plugins, and Extensions

Products are licensed, not sold. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use each Product for your internal business purposes, or for the benefit of a client where the Product is used in the delivery of services to that client and the applicable license permits it.

You may not resell, sublicense, rent, or redistribute a Product, remove or alter proprietary notices, or reverse engineer, decompile, or attempt to derive source code, except to the extent that restriction is prohibited by applicable law or the Product is distributed under an open-source license that grants those rights. Where a Product is distributed under an open-source license, that license governs and prevails over this Section.

Products obtained through a third-party marketplace are additionally subject to that marketplace’s terms. Products that depend on a Third-Party Platform may cease to function if that platform changes, and we do not warrant continued compatibility.

Free and open-source Products are provided as-is, without warranty or support obligation of any kind.

16.10 MCP Router

The MCP Router is a hosted gateway that brokers access between authorized users and connected servers and tools.

Provider keys. Provider credentials you supply are encrypted at rest on the gateway. We do not retain the ability to decrypt or retrieve those credentials in plaintext, and we cannot recover them on your behalf. You are responsible for retaining your own copies, and for rotating any credential you believe has been exposed.

Access control. You are responsible for provisioning and deprovisioning users, defining per-user and per-tool permissions, and promptly revoking access when a person’s authorization ends. You are responsible for all activity conducted through credentials issued under your organization.

Free tier. Free accounts are provided as-is, with no service level commitment, no support commitment, and no guarantee of continued availability. We may modify, limit, suspend, or discontinue free access at any time.

Availability. The MCP Router is a shared hosted service. We may perform maintenance, apply rate limits, and suspend access where necessary to protect the service or other users.

16.11 Advisory and Consulting Services

Where we provide advice, assessments, audits, architecture recommendations, platform selection guidance, or similar advisory work, that work is advisory only. It reflects industry practice and the information available to us at the time, including information you supply.

You are solely responsible for the decision to act on any recommendation, for implementation, for validating the result against your own requirements, and for the business, financial, operational, and regulatory consequences. We do not warrant that any recommendation will achieve a particular outcome, will remain suitable as your circumstances or the underlying platforms change, or will satisfy any legal or regulatory obligation that applies to you.

Where we implement a recommendation for you, that implementation is a separate service governed by the applicable Statement of Work. Your acceptance of advice does not transfer responsibility for the decision to us.

Nothing we deliver constitutes legal, accounting, tax, audit, insurance, or other professional advice. Section 2 of our Disclaimer applies.

17. Acceptable Use

Your use of the Services is governed by our Acceptable Usage Policy, which is incorporated into these Terms. Violation of that policy is a material breach and may result in immediate suspension or termination without refund.

Where you provide the Services to your own end users, including as a reseller or white-label partner, you are responsible for the conduct of those end users, for imposing equivalent acceptable-use obligations on them, and for enforcing those obligations. We may require you to remediate an end user’s violation, and we may suspend the affected service if the violation is not resolved promptly.

We may charge our then-current hourly rate, plus any third-party costs, for investigation and remediation work arising from a violation of the Acceptable Usage Policy attributable to you or your end users, including abuse response, blocklist remediation, malware cleanup, and incident handling.

18. Service Levels and Support

Support scope, response targets, coverage hours, and any uptime commitment are defined solely in your SOW or in a separately executed Service Level Agreement. Where no service level is expressly stated, the Services are provided on a commercially reasonable efforts basis without any uptime or response time commitment.

Where a Service Level Agreement applies, the credits or remedies it specifies are your sole and exclusive remedy for any failure to meet the stated service levels.

Service level commitments exclude downtime or degradation caused by scheduled or emergency maintenance, Third-Party Platform failures, your acts or omissions, changes made by you or another vendor, denial-of-service or other attack, force majeure, or suspension permitted under these Terms.

19. Warranties and Disclaimers

We warrant that we will perform the Services in a professional and workmanlike manner consistent with generally accepted industry practice. Your exclusive remedy for breach of this warranty is, at our option, re-performance of the deficient Services or a refund of the fees paid for the deficient portion, provided you notify us in writing within thirty (30) days of the performance in question.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICES, PRODUCTS, DELIVERABLES, AND ALL RELATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY DATA WILL BE PRESERVED, RECOVERABLE, OR FREE FROM LOSS OR CORRUPTION; THAT ANY SYSTEM WILL BE FREE FROM UNAUTHORIZED ACCESS OR MALICIOUS CODE; THAT ANY MESSAGE WILL BE DELIVERED OR REACH AN INBOX; THAT ANY MARKETING, SEARCH, VISIBILITY, OR BUSINESS RESULT WILL BE ACHIEVED; OR THAT ANY AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

20. Marketing Statements Are Not Warranties

Descriptions of our practices, capabilities, standards, monitoring, patching cadence, backup routines, security controls, response posture, and results that appear on our website, in comparison pages, in blog posts, in proposals, in case studies, in testimonials, or in sales conversations are general descriptions of how we ordinarily work. They are provided for information only.

Such statements are not representations, warranties, guarantees, or contractual commitments, are not incorporated into these Terms, and do not create any obligation or standard of performance. Our obligations are limited to what is expressly set out in these Terms, in your SOW, and in any separately executed Service Level Agreement or Data Processing Agreement.

Testimonials and reviews reflect the individual experience of the person quoted and are not indicative of results any other client will achieve.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OPPORTUNITY, REPUTATION, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the form of action, apply even if any limited remedy fails of its essential purpose, and are an essential basis of the bargain between the parties. We would not provide the Services at the stated prices without them.

Nothing in this Section limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

Your exclusive remedies for pass-through costs, third-party charges, and AI or messaging usage charges are those described in Sections 6, 16.5, and 16.8, and we have no liability for such amounts.

22. Indemnification

By you. You will indemnify, defend, and hold harmless Cascadia Web Services, LLC and its members, officers, employees, contractors, and agents from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, fine, penalty, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to: (a) Client Data and any content published on systems we manage; (b) your breach of these Terms, the Acceptable Usage Policy, or any applicable Third-Party Platform terms; (c) your violation of any law, including data protection, marketing, messaging, consumer protection, and advertising law; (d) your infringement or misappropriation of any third-party intellectual property, privacy, or publicity right; (e) any email, SMS, or other message sent by you or on your behalf, including any claim regarding consent, opt-out, or list provenance; (f) your use of or reliance on AI-generated output, and any action taken by an AI system operating within permissions you configured or approved; (g) the acts or omissions of your end users, including where you act as a reseller or white-label partner; and (h) any claim by an end user arising from services you provide using the Services.

By us. We will indemnify, defend, and hold you harmless from any third-party claim alleging that the Deliverables or Cascadia IP, as delivered by us and used in accordance with these Terms, infringe that third party’s United States intellectual property rights. This obligation does not apply to any claim arising from Client Data, from your modifications, from combination with anything not supplied by us, from open-source or third-party components, from your continued use after we provide a non-infringing alternative, or from your failure to use a corrected version we make available.

Procedure. The party seeking indemnification will promptly notify the other in writing, grant sole control of the defense and settlement to the indemnifying party, and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle any claim in a manner that imposes an obligation, admission, or unindemnified liability on the other party without that party’s prior written consent. The indemnified party may participate in the defense at its own expense.

23. Relationship of the Parties and Non-Solicitation

We are an independent contractor. Nothing in these Terms creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship. Neither party may bind the other or make representations on the other’s behalf.

We may use subcontractors and subprocessors to perform the Services and remain responsible for their performance under these Terms.

During the term of any active engagement and for two (2) years afterward, you will not directly or indirectly solicit for employment or engagement any of our personnel or contractors who performed work for you, except through a general public job posting not specifically targeted at them. If you hire such a person in breach of this Section, you agree to pay a placement fee equal to fifty percent (50%) of that person’s first-year total compensation, which the parties agree is a reasonable estimate of our loss and not a penalty.

24. Force Majeure

Neither party is liable for any failure or delay in performance, other than a payment obligation, caused by circumstances beyond its reasonable control, including acts of God, natural disaster, fire, flood, extreme weather, epidemic, war, terrorism, civil unrest, labor dispute, government action, embargo, changes in law, power or telecommunications failure, internet or backbone outage, denial-of-service or other cyberattack, and failure, degradation, or discontinuation of any Third-Party Platform.

The affected party will notify the other promptly and use reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected Service on written notice.

25. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) days after written notice describing the dispute and the relief sought.

Mediation. If the dispute is not resolved informally, the parties will submit it to non-binding mediation before a single mediator in Multnomah County, Oregon, sharing the mediator’s fees equally and each bearing its own costs.

Litigation. If mediation does not resolve the dispute, either party may bring an action exclusively in the state or federal courts located in Multnomah County, Oregon. Each party consents to the personal jurisdiction and venue of those courts and waives any objection based on inconvenient forum.

Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

Carve-outs. Notwithstanding the informal resolution and mediation requirements, either party may seek injunctive or other equitable relief in any court of competent jurisdiction at any time to protect its intellectual property, Confidential Information, or credentials. In addition, we may bring an action for collection of unpaid fees, including in small claims court, without first pursuing informal resolution or mediation.

Attorneys’ fees. In any proceeding arising out of or relating to these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees, expert fees, and costs, at trial and on appeal.

Class action waiver. To the fullest extent permitted by law, each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Limitation period. Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim accrues, or it is permanently barred, except where a longer period is required by law.

26. Changes to These Terms

We may update these Terms from time to time. The current version is always posted at cascadiawebservices.com/legal/terms-and-conditions with the date of last update shown at the top of the page.

For material changes affecting active clients, we will provide at least thirty (30) days’ notice by email, portal notice, or website notice before the change takes effect. Changes take effect on the stated effective date and apply prospectively.

Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not accept a material change, you may terminate the affected Service before the effective date as your sole remedy.

Non-material changes, including clarifications, corrections, and formatting changes, take effect on posting.

27. General Provisions

Entire agreement. These Terms, together with the documents incorporated by reference and any applicable SOW, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous proposals, discussions, emails, marketing statements, and understandings.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force.

No waiver. No failure or delay in exercising any right operates as a waiver, and no waiver is effective unless in writing and signed by the waiving party.

Assignment. You may not assign or transfer these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor and assumes all obligations. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Any prohibited assignment is void.

Notices. Notices to us must be sent to the contact address published at cascadiawebservices.com. Notices to you may be sent to the email or postal address associated with your account or delivered through the client portal, and are deemed received on the date sent for email and portal notices and three (3) business days after mailing for postal notices.

Export and sanctions. You represent that you are not located in, and are not a national of or controlled by any party in, a country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will comply with all applicable export control and sanctions laws.

Government users. Any Products provided to a U.S. government entity are “commercial computer software” and “commercial computer software documentation” as those terms are used in FAR 12.212 and DFARS 227.7202, licensed with only the rights granted to all other end users.

Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” No rule of construction against the drafting party applies.

Third-party beneficiaries. There are no third-party beneficiaries to these Terms.

Counterparts and electronic signature. Any SOW may be executed in counterparts and by electronic signature, each of which is an original and all of which together form one instrument.

28. Contact Us

Questions about these Terms may be directed to:

Cascadia Web Services, LLC
A Delaware limited liability company registered to do business in Oregon
Portland, Oregon, United States
Telephone: +1.800.610.3575
Web: cascadiawebservices.com

Notices regarding claimed copyright infringement should be directed to our designated agent as described in our copyright policy at cascadiawebservices.com/legal.