Terms of Use

1. Introduction

Welcome to SovereignRack. These Terms of Use ("Terms") govern your use of our website located at ambermetricsolutions.com (the "Website") and the services offered by SovereignRack SIA ("SovereignRack," "we," "our," or "us").

By accessing or using the Website or our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

2. Company Information

SovereignRack SIA is a company registered in Latvia with registration number [Registration Number] and registered office at Spilves iela 18, Kurzemes rajons, Rīga, LV-1055, Latvia.

3. Services

SovereignRack provides EU-based hosting infrastructure for compliance-focused SaaS platforms, with a focus on guaranteed data residency, GDPR-native architecture, and comprehensive compliance support. Our specific services include:

• Dedicated EU-based Hosting
• Private Cloud
• Colocation
• Managed Backups & Retention
• Network & Connectivity
• Compliance Support Packages
• Availability Zones & DR
• Onboarding & Migration Services

Detailed information about our services is available on our Website. The specific terms and conditions for each service will be outlined in separate service agreements or order forms.

4. Website Use

4.1 Acceptable Use

You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Website
• Interfere with the proper working of the Website
• Conduct any systematic or automated data collection activities on the Website
• Use the Website for any purpose that is unlawful or prohibited by these Terms

4.2 Intellectual Property

The Website and its content, features, and functionality are owned by SovereignRack and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

4.3 Links to Third-Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by SovereignRack. 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 SovereignRack shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

5. Service Terms

5.1 Service Agreements

Our services are provided subject to separate service agreements that contain specific terms and conditions, including but not limited to service levels, fees, payment terms, and termination provisions. In case of any conflict between these Terms and a service agreement, the terms of the service agreement shall prevail.

5.2 Data Processing

When providing our services, we act as a data processor for any personal data processed on behalf of our customers. Such processing is governed by our Data Processing Agreement (DPA), which is incorporated into our service agreements. The DPA outlines our obligations under applicable data protection laws, including the GDPR.

5.3 Service Level Agreements

Our services are provided with specific Service Level Agreements (SLAs) that outline performance metrics, availability guarantees, and remedies for service failures. SLAs are part of our service agreements and vary depending on the specific service.

6. User Responsibilities

6.1 Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

6.2 Accurate Information

You agree to provide accurate, current, and complete information when filling out any forms on the Website. You also agree to update such information to keep it accurate, current, and complete.

6.3 Compliance with Laws

You agree to comply with all applicable laws and regulations when using our services, including but not limited to data protection laws, intellectual property laws, and export control regulations.

7. Limitation of Liability

To the fullest extent permitted by law, SovereignRack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

• The use or the inability to use the Website or services
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Website
• Any other matter relating to the Website or services

Our total liability for any claims under these Terms shall not exceed the amount paid by you to SovereignRack for the applicable service during the 12 months preceding the claim.

8. Disclaimer of Warranties

The Website and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. SovereignRack disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we strive to provide accurate and up-to-date information on the Website, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website.

9. Indemnification

You agree to defend, indemnify, and hold harmless SovereignRack, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or services.

10. Term and Termination

These Terms shall remain in full force and effect while you use the Website or services. SovereignRack may terminate or suspend your access to the Website or services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use the Website and services will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website or services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website or services.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Latvia, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website or services shall be exclusively brought in the courts of Latvia, and you consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Latvia.

Before commencing any legal proceedings, the parties shall attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, either party may proceed with legal action.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.

15. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and SovereignRack regarding the Website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of SovereignRack. SovereignRack may assign or transfer these Terms, in whole or in part, without restriction.

18. Contact Information

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

• Email: legal@ambermetricsolutions.com
• Address: Spilves iela 18, Kurzemes rajons, Rīga, LV-1055, Latvia
• Phone: +37167467919