Terms of Service

1. Acceptance of Terms

By accessing or using Kena Cloud's website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Services Description

Kena Cloud provides professional consulting services for Amazon Connect and AWS cloud solutions, including:

• Amazon Connect implementation and configuration
• IVR (Interactive Voice Response) design and development
• AI and machine learning integration
• Serverless architecture development
• System integration with CRM and business applications
• Analytics and reporting solutions
• Technical support and maintenance

3. Service Agreements

Specific services are provided under separate written agreements ("Service Agreements") that detail:

• Scope of work and deliverables
• Project timeline and milestones
• Fees and payment terms
• Responsibilities of both parties
• Service level agreements (SLAs)

In case of conflict between these Terms and a Service Agreement, the Service Agreement prevails.

4. Client Responsibilities

Clients agree to:

• Provide accurate and complete information necessary for service delivery
• Grant necessary access to systems, accounts, and resources
• Respond to requests for information in a timely manner
• Maintain valid AWS accounts and necessary licenses
• Comply with AWS terms of service and acceptable use policies
• Pay fees according to agreed payment terms
• Designate authorized representatives for project decisions

5. Fees and Payment

5.1 Professional Fees

Fees for services are specified in Service Agreements and may be based on:

• Fixed project pricing
• Time and materials (hourly rates)
• Monthly retainer arrangements
• Subscription-based support plans

5.2 AWS Costs

Clients are responsible for all AWS infrastructure costs, including Amazon Connect usage, Lambda functions, storage, and other AWS services. Kena Cloud's fees are separate from AWS charges.

5.3 Payment Terms

• Invoices are typically due within 30 days of receipt
• Late payments may incur interest charges
• Services may be suspended for non-payment

6. Intellectual Property

6.1 Client Data and Systems

Clients retain all rights to their data, business processes, and existing intellectual property.

6.2 Deliverables

Upon full payment, clients receive ownership of custom code, configurations, and documentation created specifically for their project, subject to Service Agreement terms.

6.3 Kena Cloud Property

Kena Cloud retains ownership of:

• Pre-existing tools, frameworks, and methodologies
• General knowledge and expertise
• Reusable components and templates

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary information, including:

• Business strategies and processes
• Technical specifications and architectures
• Customer data and contact information
• Pricing and financial information

Confidentiality obligations survive termination of services.

8. Warranties and Disclaimers

8.1 Service Warranty

Kena Cloud warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SERVICE AGREEMENTS, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 Third-Party Services

We do not warrant the performance, availability, or reliability of third-party services including AWS, Amazon Connect, or integrated applications.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Kena Cloud's total liability shall not exceed fees paid for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for issues caused by client's systems, data, or third-party services

10. Indemnification

Clients agree to indemnify and hold Kena Cloud harmless from claims arising from:

• Client's use of services or deliverables
• Client's violation of laws or regulations
• Client's data or content
• Third-party claims related to client's business operations

11. Term and Termination

11.1 Term

Services continue as specified in Service Agreements.

11.2 Termination for Convenience

Either party may terminate with written notice as specified in Service Agreements. Client remains responsible for fees for work completed and committed resources.

11.3 Termination for Cause

Either party may terminate immediately for material breach if not cured within 30 days of written notice.

11.4 Effect of Termination

• Client pays for all services rendered through termination date
• Kena Cloud delivers work completed to date
• Confidentiality obligations continue
• Client retains access to deliverables paid for

12. Support and Maintenance

Ongoing support and maintenance services are provided under separate support agreements specifying:

• Support hours and response times
• Covered services and exclusions
• Escalation procedures
• Support fees and terms

13. Changes to Services

We reserve the right to modify, suspend, or discontinue services with reasonable notice. We will work with clients to minimize disruption and provide migration assistance when feasible.

14. Compliance

Both parties agree to comply with applicable laws and regulations, including:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Telecommunications regulations
• Industry-specific compliance requirements (HIPAA, PCI-DSS, etc.)
• AWS Acceptable Use Policy

15. Dispute Resolution

15.1 Negotiation

Parties agree to first attempt to resolve disputes through good-faith negotiation.

15.2 Mediation

If negotiation fails, parties agree to mediation before pursuing litigation.

15.3 Governing Law

These Terms are governed by the laws of the jurisdiction specified in Service Agreements, without regard to conflict of law principles.

16. General Provisions

16.1 Entire Agreement

These Terms, together with Service Agreements, constitute the entire agreement between parties.

16.2 Amendments

We may update these Terms periodically. Continued use of services constitutes acceptance of updated Terms.

16.3 Severability

If any provision is found unenforceable, remaining provisions remain in effect.

16.4 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.5 Assignment

Clients may not assign rights or obligations without written consent. Kena Cloud may assign to affiliates or in connection with business transfers.

17. Contact Information

For questions about these Terms of Service, please contact: