Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and AC CISNERO TILE LLC, a Utah limited liability company doing business as No Cap Studio. By accessing www.nocap.surf, engaging our services, or submitting any inquiry, you acknowledge you have read, understood, and agree to be bound by these Terms. If you do not agree, discontinue use immediately. Continued use after revised terms constitutes acceptance. You represent you are at least eighteen and have full authority to bind any entity you represent.

2. Definitions

Client means any entity engaging No Cap Studio for services. Confidential Information means non-public information disclosed in connection with services designated as confidential or reasonably understood as confidential. Deliverables means work product created by No Cap Studio. Services means computer systems design, architecture consulting, cloud engineering, systems integration, cybersecurity, managed IT operations, and related services. SOW means a written Statement of Work defining scope, timeline, deliverables, and fees. Website means www.nocap.surf and all subdomains.

3. Description of Services

No Cap Studio provides enterprise-grade technology consulting and implementation in computer systems design and related services including but not limited to systems architecture and design, cloud infrastructure engineering, systems integration, cybersecurity engineering, managed IT operations, and digital transformation consulting. Specific scope, deliverables, timeline, and fees are defined in a mutually executed SOW. No binding obligation arises from website content or preliminary consultations alone. We reserve the right to modify or discontinue services with reasonable notice and may decline service at our discretion.

4. Website Use and Access

You are granted a limited, non-exclusive, non-transferable, revocable license to access our website for legitimate business purposes. You agree not to use the website unlawfully or in any manner that could damage our servers or interfere with other users. You agree not to attempt unauthorized access through hacking, password mining, or automated scripts. You agree not to use any robot, spider, or scraper without permission. You agree not to upload malicious code. We reserve the right to monitor, investigate, and terminate access for violations.

5. Intellectual Property Rights

All website content is the exclusive property of AC CISNERO TILE LLC or its suppliers, protected by United States and international intellectual property laws. The No Cap Studio name and marks are protected trademarks. No license is granted to use any trademark without prior written permission. Deliverable ownership and license rights are defined in the applicable SOW.

6. Client Obligations

Clients agree to provide timely access to facilities, systems, personnel, and information reasonably required for service delivery. Clients designate a primary contact with decision authority. Clients maintain current backups prior to transformative work unless backup services are included in scope. Clients ensure compliance with applicable laws and industry standards.

7. Fees, Payment, and Billing

Fees are set forth in the applicable SOW as fixed-price, time-and-materials, or recurring monthly. All fees are in United States dollars exclusive of applicable taxes. Invoices are due net thirty days unless otherwise agreed. Late payments accrue interest at one and one-half percent per month or the maximum legal rate. We may suspend services for non-payment after notice and opportunity to cure.

8. Confidentiality

Each party shall hold Confidential Information in strict confidence using at least reasonable care. Neither party shall disclose Confidential Information without prior written consent except to employees, contractors, and advisors with a need to know who are bound by equivalent obligations. Confidential Information excludes publicly available, previously possessed, independently developed, or rightfully obtained information. Confidentiality survives termination for three years, or indefinitely for trade secrets and personally identifiable information.

9. Warranties and Disclaimers

No Cap Studio warrants services will be performed in a professional and workmanlike manner for thirty days from delivery. Remedy is re-performance or refund. EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND WEBSITE CONTENT ARE PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND. AC CISNERO TILE LLC DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AC CISNERO TILE LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION. AGGREGATE LIABILITY SHALL NOT EXCEED FEES PAID DURING THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless AC CISNERO TILE LLC, its affiliates, officers, directors, employees, and agents from claims arising from your violation of these terms, unauthorized use, or infringement of third-party rights.

12. Termination

We may terminate website access immediately for breach. Surviving provisions include ownership, disclaimers, indemnification, and liability limitations. Service engagement termination is governed by the applicable SOW.

13. Force Majeure

Neither party is liable for delays from causes beyond reasonable control including natural disasters, war, terrorism, epidemics, government orders, strikes, and telecommunications failures. If the event exceeds thirty days, either party may terminate affected services.

14. Dispute Resolution

Disputes shall first be resolved through informal negotiation within sixty days. Unresolved disputes shall be submitted to binding arbitration under AAA Commercial Arbitration Rules in Salt Lake County, Utah. The award shall be final and binding. Either party may seek injunctive relief. Disputes are resolved individually, not as class actions.

15. Governing Law

These Terms are governed by Utah law. Parties consent to exclusive jurisdiction in Salt Lake County, Utah. The UN Convention on Contracts for the International Sale of Goods does not apply.

16. General Provisions

Entire Agreement: These Terms with applicable SOW and Privacy Policy constitute the entire agreement. Severability: Invalid provisions shall be modified or severed. Waiver: No waiver constitutes continuing waiver. Assignment: You may not assign without our consent. Relationship: Parties are independent contractors. Notices: All notices in writing.

17. Contact

AC CISNERO TILE LLC
1812 W 4100 S, APT 104
West Valley City, UT 84119-4744

Email: care@nocap.surf
Phone: +1 (479) 383-6082