WP Tango LLC – Terms of Service (TOS)

Effective Date:January 1st, 2025

These Terms of Service (the “Agreement” or “Terms”) govern your access to and use of all web hosting,
maintenance, managed WordPress, and related services (collectively, the “Services”) provided by
WP Tango LLC (“WP Tango”, “we”, “us”, or “our”). By creating an account, signing an order form, paying an
invoice, clicking “I agree”, or otherwise accessing or using the Services, you acknowledge that you have
read, understood, and agree to be bound by this Agreement.

If you do not agree to these Terms, you must not access or use the Services. If you are entering into this
Agreement on behalf of an organization, you represent that you have authority to bind that organization and that
“you” or “Client” refers to that organization.

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

“Account” means the unique account created by or for you to access and use the Services.
“Client”, “Customer”, “you”, or “your” means the individual or legal entity that is using the Services.
“Content” means any data, files, text, images, code, media, or other materials uploaded to, stored on, processed by, or transmitted through the Services by or on behalf of you or your end users.
“Order” or “Order Form” means any online order, proposal, or other ordering document that references this Agreement and describes the Services selected by you.
“Service Plan” means the particular hosting, maintenance, or support plan you select, as specified in the Order or client portal.
“Third-Party Services” means any products, services, software, or platforms not provided by WP Tango but used in connection with the Services, including but not limited to CDNs, DNS providers, SMTP providers, analytics tools, payment processors, and cloud infrastructure providers.
“Scheduled Maintenance” means planned maintenance windows during which Services may be temporarily unavailable.
“Emergency Maintenance” means urgent maintenance performed to address security, performance, or availability issues that could not reasonably be delayed.
“Force Majeure Event” has the meaning set forth in Section 28 (Force Majeure).

2. Acceptance of Terms and Order of Precedence

This Agreement applies to all use of the Services by you and your end users. Additional policies and documents,
including but not limited to our Privacy Policy, Acceptable Use Policy, Data Processing Addendum (if applicable),
and any Service-specific addenda, are incorporated herein by reference.

In the event of a conflict between this Agreement and an Order, the Order shall control solely with respect to
the specific conflicting term. In the event of a conflict between this Agreement and any policy linked from it,
this Agreement shall control unless explicitly stated otherwise in a signed addendum.

3. Eligibility; Authority; Intended Use

You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
You may not use the Services if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction.
If you register on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement.
The Services are intended for web hosting and related operations, and are not designed, licensed, or intended for use in life-support systems, nuclear facilities, aviation, emergency services or other environments where failure could result in death, injury, or severe physical or environmental damage.

4. Account Registration and Security

You must provide accurate, current, and complete information when creating your Account and keep it updated.
You are solely responsible for maintaining the confidentiality and security of all login credentials associated with your Account, including use of strong passwords and two-factor authentication (2FA) where available.
You are fully responsible for all activities that occur under your Account, whether or not authorized by you.
You agree to notify WP Tango immediately if you become aware of any unauthorized access to or use of your Account or any other security breach.
WP Tango is not liable for any loss or damage arising from unauthorized use of your Account due to your failure to safeguard credentials or configure adequate access controls.

5. Description of Services

WP Tango provides managed WordPress-centric services, which may include some or all of the following depending on your Service Plan:

Containerized, high-performance hosting infrastructure.
Use of dedicated or shared CPU and RAM resources, including but not limited to high single-core performance CPU models (e.g., AMD Ryzen family) as available.
Server-level and/or cloud-based caching, CDN integration, and performance optimization.
Daily offsite encrypted backups of site files and databases, subject to the limitations described in Section 12.
WordPress core, plugin, and theme update management, within the scope defined by your Plan.
Security hardening, malware scanning, and basic firewall/WAF configuration.
DNS guidance, domain configuration support, and SSL/TLS setup support.
Access to a client portal for billing, support, and service management.

The exact features, limits (including disk space, bandwidth, PHP workers, CPU/RAM), and included services are
specified in your Service Plan. WP Tango may modify non-material aspects of the Services at any time to improve
security, performance, stability, or user experience.

6. Service Provisioning and Resource Allocation

WP Tango may provision your site(s) on shared or dedicated infrastructure depending on your Plan.
We may implement resource limits (e.g., CPU, RAM, I/O, PHP workers, inodes, connections) to protect overall platform stability.
If your usage materially exceeds reasonable levels for your Plan or negatively impacts other customers, we may:
- Throttle resource usage;
- Recommend or require an upgrade to a higher tier;
- Temporarily limit or suspend traffic or processes causing disruption.
We are not responsible for performance issues caused by your code, plugins, themes, or external integrations.

7. Client Responsibilities

You agree to:

Ensure that all Content hosted on or transmitted through the Services complies with this Agreement and applicable law.
Configure and manage your WordPress installation, themes, plugins, and custom code in a secure and responsible manner.
Maintain up-to-date contact and billing information within the client portal.
Implement your own internal backup, export, or archiving processes, independent of WP Tango’s backup features.
Test all major site changes (including plugin/theme updates and custom development) in staging where available prior to deploying to production.
Promptly notify WP Tango of any suspected security incident, unauthorized access, or service malfunction.

8. Acceptable Use Policy (AUP)

You shall not use the Services to:

Engage in illegal activities, including distribution of malware, phishing, fraud, or unauthorized access to systems.
Host or disseminate content that is defamatory, obscene, abusive, or otherwise unlawful.
Infringe, misappropriate, or violate third-party intellectual property rights.
Send unsolicited bulk email, spam, or perform email abuse of any kind.
Run crypto-mining operations, bots, or resource-intensive background processes unrelated to normal website operation.
Use nulled, pirated, or knowingly insecure themes/plugins.
Perform stress testing, penetration testing, or load testing without prior written consent.

WP Tango may suspend or terminate any Account or site that violates this AUP without refund. We may cooperate with law enforcement or other authorities regarding misuse of the Services.

9. Content; Intellectual Property; DMCA

You retain ownership of all Content you upload or otherwise make available through the Services.
You grant WP Tango a non-exclusive, worldwide, royalty-free license to host, cache, transmit, display, and process your Content solely as necessary to operate and improve the Services.
You represent and warrant that you have all rights necessary to upload and use your Content, and that your Content does not violate any applicable laws or third-party rights.
If we receive a complaint or DMCA notice, we may remove or disable access to the allegedly infringing Content and may notify you where legally permissible.
Repeated or egregious infringement may result in suspension or termination of your Services.

10. Privacy and Personal Data

WP Tango processes certain personal data in order to provide the Services, such as account contact details and
limited technical logs. Our Privacy Policy describes how we collect, use, and protect personal data.

Where applicable law requires, you remain the controller of personal data within your website(s), and WP Tango acts as a processor.
You are responsible for implementing appropriate privacy notices, cookie banners, consent mechanisms, and data subject rights workflows on your site(s).
WP Tango does not provide legal advice and does not guarantee your site’s compliance with GDPR, CCPA, or other data protection laws.

11. Security; Client-Side Responsibilities

WP Tango implements reasonable technical and organizational measures to secure the hosting platform.
No system can be 100% secure; you acknowledge that security incidents may occur despite reasonable safeguards.
You are responsible for:
- Maintaining strong passwords and secure access practices;
- Limiting administrative access to trusted individuals;
- Ensuring local devices used to access the Services are malware-free and secured;
- Choosing reputable, actively maintained plugins and themes.
WP Tango is not liable for security breaches caused by:
- Compromised user credentials;
- Vulnerable or abandoned themes/plugins;
- Insecure custom code or unreviewed third-party scripts;
- Client-side malware, keyloggers, or network compromise.

12. Data Backups, Disaster Recovery, and Data Retention

12.1 Backup Services

For most Service Plans, WP Tango performs automated backups (e.g., nightly) of site files and databases and stores them in offsite or redundant locations.
Backup frequency, scope, and retention depend on your Service Plan and may change as we improve our systems.
Backups are intended as a convenience and disaster-recovery aid, but are not a substitute for your own independent backup strategy.

12.2 No Guarantee of Backup Integrity or Availability

Although we may perform regular backups, WP Tango makes no guarantee that any backup will be available,
uncorrupted, current, or usable at the time you request a restore. Backups may fail, become corrupted,
be overwritten, or become unavailable due to technical, operational, or third-party issues.

To the fullest extent permitted by law:

WP Tango has no obligation to retain any specific backup beyond the general retention logic of your Plan.
WP Tango shall not be liable for any data loss, data corruption, or failure to restore data, regardless of cause.
Backup features, if present, do not shift the risk of data loss from you to WP Tango in any way.

12.3 Client Responsibility for Independent Backups

You are solely responsible for creating, maintaining, and periodically testing independent, off-platform backups of your website, database, and other critical data.
You should maintain multiple copies of backups, in geographically distinct locations, under your own control.
Your failure to maintain your own backups will not create any liability for WP Tango.

12.4 Data Retention and Destruction

Once an Account or site is terminated, suspended for non-payment, or otherwise deleted, WP Tango may permanently delete the associated Content and backups after the applicable retention window (if any).
After deletion, recovery is not possible. WP Tango has no obligation to retain data for legal, regulatory, or evidentiary purposes on your behalf unless required by law or a separate written agreement.

13. Migration, DNS, and Launch

WP Tango may offer migration assistance as a courtesy. Migrations involve inherent risk, including but not limited to missing files, broken links, misconfigured plugins, or data inconsistencies.
While we take reasonable care, WP Tango does not guarantee that any migration will be error-free or that no data will be lost or changed during the process.
You are responsible for:
- Providing accurate access credentials to your previous host or source system;
- Reviewing and testing your site thoroughly after migration and before going live;
- Pointing DNS records and verifying DNS settings post-migration;
- Retaining your own backup from the prior host before any migration begins.
DNS propagation is outside WP Tango’s control and may cause temporary inconsistencies. WP Tango is not liable for lost orders, missed leads, or data inconsistencies during DNS propagation.

14. Maintenance, Service Modifications, and End-of-Life

WP Tango may perform Scheduled Maintenance, typically during low-traffic periods, and may temporarily suspend Services during such maintenance.
Emergency Maintenance may occur at any time if required to mitigate security or stability risks.
WP Tango may modify, replace, or discontinue features, technologies, or integrations where necessary due to vendor changes, security concerns, or technical limitations.
In the event of a technology end-of-life (e.g., PHP version deprecation), you agree to cooperate with our recommended upgrades and changes. Failure to do so may lead to degraded performance or suspension.

15. Service Level Objective (SLO) and Availability

WP Tango targets a platform availability of 99.9% on a monthly basis, excluding:
- Scheduled Maintenance and Emergency Maintenance;
- Outages caused by your code, configuration, or misuse;
- Third-party service failures (e.g., domain registrars, CDNs, DNS, upstream ISPs);
- Force Majeure Events as described in Section 28.
Where specified by your Plan, service credits may be available as described in Section 21. Credits are your sole and exclusive remedy for service availability issues.

16. Support Services and Response Targets

Support is provided primarily via the client portal and/or email during published business hours, with 24/7 escalation for severe issues on applicable Plans.
Response times are targets, not guarantees, and may vary based on ticket volume and severity.
Support scope generally includes platform-level issues, basic troubleshooting, and guidance, and excludes extended development, content work, or complex customization unless covered by a retainer.

17. Fees, Billing, Taxes, and Price Changes

Services are prepaid on a monthly, quarterly, or annual basis as specified in your Order.
We may bill up to 14 days before your renewal date to ensure continuity of service.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for all such taxes where applicable.
WP Tango may adjust pricing or resource allocations upon renewal or with advance notice as specified in your client portal or invoice.

18. Refunds, Credits, and Chargebacks

Except where explicitly stated, all fees are non-refundable, including for partial billing periods, downgrades, or unused Services.
Service credits, when granted (e.g., for uptime issues), are applied to future invoices and have no cash value.
Initiating a chargeback or payment dispute without first attempting to resolve the issue with WP Tango may result in suspension or termination of your Account.
You are responsible for any fees or costs incurred by WP Tango as a result of chargebacks or disputes that are resolved in WP Tango’s favor.

19. Suspension, Restriction, and Termination

WP Tango may suspend or restrict your access to Services if:
- Invoices remain unpaid past the due date;
- We detect security, abuse, or AUP violations;
- Your site jeopardizes platform stability or other customers;
- We are required to do so by law or by a third-party provider.
WP Tango may terminate this Agreement or any Service at the end of your current term, or immediately in cases of material breach, illegal activity, or sustained abuse.
You may terminate at any time through the client portal or by written notice; no pro-rata refunds apply unless explicitly agreed in writing.

20. Effect of Termination; Data Portability

Upon termination or expiration of Services:
- Your right to access the Services immediately ceases, except as we may otherwise permit in writing;
- WP Tango may retain your data for up to 7 days (or such period as specified by your Plan) solely for the purpose of allowing you to export your site, after which data may be permanently deleted;
- It is your responsibility to request and download any data prior to final termination or data deletion.
WP Tango has no obligation to provide ongoing hosting, backup, or archive services after the applicable retention window.

21. Service Credits (Exclusive Remedy for Uptime Issues)

Where available under your Service Plan, and subject to your timely written request, you may be eligible for a limited service credit if monthly uptime falls below stated targets, excluding all permitted exclusions.
Any service credits:
- Are applied solely against future payments due;
- Are non-transferable, non-refundable, and have no cash value;
- Shall in no event exceed the fees you paid for the affected Service during the applicable month.
Service credits are your sole and exclusive remedy for any failure by WP Tango to meet uptime or performance targets.

22. Third-Party Services and Dependencies

The Services may rely upon or integrate with Third-Party Services (e.g., DNS, CDN, SMTP, analytics, cloud infrastructure).
WP Tango does not control and is not responsible for:
- The availability, performance, security, compliance, or features of any Third-Party Services;
- Any changes, price increases, outages, or discontinuation of Third-Party Services.
Your use of any Third-Party Service is subject to that provider’s terms and privacy policies. You are solely responsible for reviewing and complying with those terms.
Failures, downtime, data loss, or other issues caused by Third-Party Services do not create any obligation or liability for WP Tango beyond what is explicitly stated in this Agreement.

23. Reseller and White-Label Hosting Terms

If you are authorized to resell our Services:
- You are solely responsible for providing first-line support and billing to your end users;
- You must ensure your end users comply with this Agreement and all related policies;
- You may not misrepresent your relationship with WP Tango or mislead end users.
WP Tango may, at its discretion, contact or support end users directly in cases of abuse, security incidents, or legal obligation.
Reseller privileges are revocable at WP Tango’s sole discretion in the event of misuse, excessive server load, or material breach.

24. Compliance: PCI-DSS, HIPAA, and Other Regulations

PCI-DSS: WP Tango does not store payment card details on your behalf and is not a PCI-DSS compliant card-storage provider. You must use a compliant third-party processor for handling cardholder data and configure your site accordingly.
HIPAA / PHI: WP Tango is not a HIPAA-compliant provider and does not sign Business Associate Agreements (BAAs). You may not use the Services to store or process Protected Health Information (PHI).
GDPR / Data Protection: If you serve EU/UK data subjects, you are responsible for implementing GDPR-compliant notices, consent, and data subject rights processes on your site. WP Tango may provide a Data Processing Addendum (DPA) where required, but does not guarantee your overall compliance.

25. Beta Features and Experimental Services

From time to time, WP Tango may make certain features or integrations available as “beta”, “preview”, or “experimental”.
Such features may be incomplete, change without notice, or be discontinued at any time.
Beta features are provided “as is” without warranty and may be subject to additional limitations and risks. Your use of them is entirely at your own risk.

26. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by law, WP Tango expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
Any warranty that the Services will be uninterrupted, error-free, secure, or free from harmful components;
Any warranty that your Content or data will be preserved without loss, corruption, or unauthorized access;
Any warranty arising from course of dealing, usage, or trade.

You acknowledge that you use the Services at your own risk and that you are responsible for implementing appropriate safeguards (including backups and security controls) to protect your systems, Content, and data.

27. Limitation of Liability and Allocation of Risk

To the maximum extent permitted by applicable law, in no event shall WP Tango, its affiliates, officers, employees, contractors, or licensors be liable for any:

Indirect, incidental, consequential, special, exemplary, or punitive damages;
Loss of profits, revenue, business, goodwill, or anticipated savings;
Loss, corruption, destruction, or unauthorized access to data or backups;
Business interruption, downtime, or inability to access the Services;
Costs of substitute goods or services;
Any matter beyond WP Tango’s reasonable control, including Third-Party Service failures.

In all cases, WP Tango’s total aggregate liability for any and all claims arising out of or related to the Services or this Agreement (whether in contract, tort, negligence, strict liability, or otherwise) shall be limited to the total amount of fees you actually paid to WP Tango for the affected Services during the three (3) month period immediately preceding the event giving rise to the claim.

Each clause in this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks between the parties. This allocation is an essential part of the basis of the bargain between you and WP Tango, and the limitations will apply even if any limited remedy fails of its essential purpose.

28. Indemnification

You shall indemnify, defend, and hold harmless WP Tango, its affiliates, officers, employees, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use or misuse of the Services;
- Your Content, including allegations that it infringes or violates any third-party rights;
- Your violation of this Agreement or applicable law;
- Any breach of your security obligations or negligence in managing access credentials.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

29. Force Majeure

Except for payment obligations, neither party shall be liable for any delay or failure in performance arising from or related to any condition beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, fire, flood, earthquake, or storm;
- War, terrorism, civil unrest, or riots;
- Government actions, embargoes, or sanctions;
- Labor disputes, strikes, or lockouts;
- Power failures, internet or network outages, routing failures, or denial-of-service attacks;
- Datacenter outages, hardware failures, or failures of Third-Party Services.
The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable.

30. Governing Law; Venue; Waiver of Class Actions

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
Any dispute arising out of or relating to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction of such courts.
To the maximum extent permitted by law, you agree not to participate in any class, collective, or representative proceeding against WP Tango. Any claims must be brought on an individual basis.

31. Notices

Notices to WP Tango must be sent to the contact information below and will be deemed given when received:
- WP Tango LLC
  [Business Address]Email: support@wptango.com
Notices to you may be provided via:
- Email to the primary contact on your Account;
- Messages or banners in the client portal;
- Posting on our website.

32. Assignment and Subcontracting

You may not assign or transfer this Agreement, in whole or in part, without WP Tango’s prior written consent.
WP Tango may assign this Agreement or subcontract elements of the Services to third parties, including affiliates and infrastructure providers, without your consent, provided that WP Tango remains responsible for the performance of its obligations under this Agreement.

33. Severability; No Waiver; Interpretation

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of that right or provision.
Section headings are for convenience only and shall not affect the interpretation of this Agreement.

34. Entire Agreement; Changes to Terms

This Agreement, together with any referenced documents and Order(s), constitutes the entire agreement between you and WP Tango regarding the Services and supersedes all prior agreements, proposals, or communications (written or oral).
WP Tango may update or modify this Agreement from time to time. Material changes will be communicated via email and/or the client portal.
Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the modified Agreement. If you do not agree to the updated Terms, you must stop using the Services.

35. Acknowledgment

BY CREATING AN ACCOUNT, SIGNING AN ORDER, PAYING AN INVOICE, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT;
YOU ACCEPT THAT WP TANGO’S BACKUP SERVICES ARE A CONVENIENCE ONLY AND DO NOT ELIMINATE YOUR DUTY TO MAINTAIN INDEPENDENT BACKUPS;
YOU ACCEPT THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SET FORTH HEREIN AS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND WP TANGO;
YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY SERVICE-RELATED ISSUES ARE LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.