Terms of Service

These Terms of Service ("Terms") govern your use of the website akamath.com, AWS Marketplace products, and consulting services provided by Anil Kamath ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website, purchasing AWS Marketplace products, or engaging our consulting services, you:

• Confirm you are at least 18 years old or represent a business entity
• Have the legal authority to enter into binding agreements
• Agree to comply with all applicable laws and regulations
• Accept these Terms in their entirety

2. Services Overview

2.1 Consulting Services

We provide AWS infrastructure consulting services including but not limited to:

• Infrastructure assessment and evaluation
• Performance optimization and tuning
• Complete ecosystem implementation
• Framework and tool selection guidance
• Ongoing retainer and support services

2.2 AWS Marketplace Products

We offer technical solutions through AWS Marketplace, including:

• OAuth Machine-to-Machine Authentication systems
• Infrastructure templates and patterns
• Security and monitoring solutions
• Related documentation and support

2.3 Website and Content

Our website provides information about our services, technical insights, and resources for AWS infrastructure optimization.

3. Consulting Services Terms

3.1 Engagement Process

• Initial Consultation: Free 30-minute discussion to understand your needs
• Proposal: Detailed scope of work, timeline, and pricing
• Agreement: Signed consulting agreement before work begins
• Delivery: Services delivered according to agreed timeline and scope

3.2 Scope of Work

• All consulting engagements require a signed statement of work (SOW)
• Changes to scope require written agreement and may affect pricing and timeline
• We reserve the right to refuse engagements outside our expertise
• Access to client AWS environments requires appropriate permissions and security protocols

3.3 Payment Terms

• Assessments: Payment due upon completion of assessment
• Implementation Projects: 50% upfront, remainder upon completion
• Hourly Services: Billed monthly with 30-day payment terms
• Retainer Services: Paid monthly in advance
• Late Payments: 1.5% monthly interest on overdue amounts

3.4 Deliverables and Intellectual Property

• All deliverables are specified in the consulting agreement
• Client retains ownership of their data and business information
• We retain ownership of our methodologies, templates, and general knowledge
• Custom code and configurations developed for clients belong to the client
• We may use anonymized case studies for marketing purposes

4. AWS Marketplace Products

4.1 Licensing and Usage

• AWS Marketplace products are licensed, not sold
• Usage governed by AWS Marketplace terms and conditions
• Licenses are non-transferable and tied to your AWS account
• Commercial use permitted within the scope of the license

4.2 Support and Updates

• 90 days of email support included with each product
• Updates and bug fixes provided through AWS Marketplace
• Extended support available through separate consulting agreements
• No guarantee of continued product availability or updates

4.3 Deployment and Configuration

• Products provided as CloudFormation templates and documentation
• Client responsible for proper deployment and configuration
• AWS charges for resources deployed are separate from product licensing
• Client responsible for ongoing AWS infrastructure costs

5. Limitations and Disclaimers

5.1 Service Limitations

• Best Efforts: Services provided on a best-efforts basis using industry standards
• No Guarantees: No guarantee of specific outcomes, cost savings, or performance improvements
• Scope Limitations: Recommendations limited to information provided and scope agreed upon
• Third-Party Dependencies: Some recommendations may depend on third-party services or AWS features

5.2 Warranty Disclaimer

SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

6. Limitation of Liability

6.1 Maximum Liability

Our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific service that gave rise to the claim, limited to the 12 months preceding the claim.

6.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Data loss or corruption
• Business interruption
• Cost of substitute services
• Loss of business opportunities

7. Client Responsibilities

7.1 Information and Access

• Provide accurate and complete information about your AWS environment
• Grant necessary access permissions for assessments and implementations
• Respond promptly to requests for information or clarification
• Designate appropriate technical contacts for project coordination

7.2 Implementation and Maintenance

• Review and approve all recommendations before implementation
• Test implementations in non-production environments when possible
• Maintain backups and disaster recovery procedures
• Monitor systems and respond to alerts as appropriate

7.3 Compliance and Security

• Ensure compliance with applicable laws and regulations
• Maintain appropriate security measures for sensitive data
• Follow AWS best practices and security guidelines
• Notify us immediately of any security incidents or concerns

8. Confidentiality

8.1 Mutual Confidentiality

• Both parties agree to maintain confidentiality of proprietary information
• Confidential information includes technical details, business information, and strategic plans
• NDAs available for engagements requiring additional confidentiality protections
• Confidentiality obligations survive termination of services

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of confidentiality
• Is required to be disclosed by law or court order
• Is developed independently without use of confidential information
• Is approved for disclosure in writing by the disclosing party

9. Termination

9.1 Termination by Client

• Fixed-scope projects: Client may terminate with 7 days written notice
• Hourly services: Either party may terminate with 30 days written notice
• Retainer services: Client may terminate with 60 days written notice
• Payment due for all work completed through termination date

9.2 Termination by Us

We may terminate services immediately if:

• Client breaches these Terms or consulting agreement
• Payment is more than 30 days overdue
• Client requests services outside our ethical or professional standards
• Continuation of services would violate applicable laws

10. Indemnification

Client agrees to indemnify and hold us harmless from any claims, damages, or costs arising from:

• Client's use of our recommendations or AWS Marketplace products
• Client's breach of these Terms or applicable laws
• Client's negligent or intentional acts
• Third-party claims related to client's business or data

11. Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including but not limited to natural disasters, government actions, AWS service outages, or other unforeseeable circumstances.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of the United States and the state where our business is registered, without regard to conflict of law principles.

12.2 Dispute Resolution

• Informal Resolution: Parties agree to attempt informal resolution before formal proceedings
• Mediation: If informal resolution fails, disputes will be resolved through mediation
• Jurisdiction: Any legal proceedings will be conducted in appropriate courts in our business jurisdiction

13. General Provisions

13.1 Entire Agreement

These Terms, together with any signed consulting agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

13.2 Modifications

• We may update these Terms from time to time
• Significant changes will be communicated via email or website notice
• Continued use of services constitutes acceptance of updated Terms
• Consulting agreements may modify these Terms for specific engagements

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 Assignment

• These Terms are personal to you and may not be assigned without our written consent
• We may assign our rights and obligations to qualified successors
• Any attempted unauthorized assignment is void

14. Refund Policy

14.1 AWS Marketplace Products

• Refunds governed by AWS Marketplace refund policy
• No refunds for properly delivered and documented products
• Technical support available to resolve implementation issues

14.2 Consulting Services

• No refunds for properly delivered consulting services
• Unsatisfactory work will be remedied or engagement scope adjusted
• Disputes resolved through good faith negotiation