Kingbird App Care Hosting Terms of Service

Kingbird will host and operate your web application (the "Application") on Kingbird-managed cloud infrastructure (the "Hosted Environment") at the service level of the plan you select. Standard services include infrastructure management, uptime and error monitoring with alerting, daily backups, SSL and DNS configuration, platform-level security patching, a periodic health report, and scheduled consultation time, all as described for your plan on our App Care page.

Plans run on managed cloud infrastructure in US datacenters: DigitalOcean, AWS, Azure, or Heroku, matched to your Application at assessment. If your Application already runs on a supported platform, we can take over and manage it in place; if it has no hosting yet, we provision a new environment and migrate you to it.

Each subscription covers two things: the hands-on managed service, and your Application’s actual cloud hosting costs up to the amount listed for your plan. If your Application’s cloud costs run past the included amount for a sustained period, we will show you the numbers and agree on the right plan together. There are no automatic overage charges. Annual prepaid plans are offered at the same discount across tiers and waive the assessment fee.

Most engagements begin with a $399 assessment: a read-only review of your current setup and a written report covering current state, risks, a migration plan, and your exact monthly price. The assessment fee is credited to your first invoice if you proceed on a monthly plan, and is waived entirely when you purchase any annual prepaid plan.

Subscriptions are billed automatically to your payment method on file: monthly plans each month, and annual prepaid plans once per year in advance. Stripe processes payment and issues your receipt automatically; we do not send manual invoices. Your first charge occurs at checkout, and migration or takeover begins once it is received.

Monthly plans run month-to-month and renew automatically until cancelled. You may cancel a monthly plan on 30 days’ written notice. Annual prepaid plans cover a fixed 12-month term and renew only by mutual agreement; annual prepaid fees are nonrefundable, and cancellation before the end of the term does not entitle you to a refund of prepaid amounts.

We keep your existing environment live until any replacement is verified against the original, and use commercially reasonable efforts to complete the transition without service interruption. Migration of your Application into the Hosted Environment is included with your plan.

You will provide, or direct your vendors to provide, the access reasonably needed to host and operate the Application, including the code repository, hosting accounts, and DNS. Any institutional approvals you require (such as ethics or data-security reviews) are your responsibility; we will reasonably cooperate, including by providing hosting-provider security documentation on request.

We maintain commercially reasonable administrative and technical safeguards for the Hosted Environment, limit access to authorized personnel, and rotate credentials that change hands.

Your code, data, and deliverables remain your property. If we ever part ways, then upon payment of all amounts due we will transfer the repository, your Application, a current database export, and all associated configurations to you or your designee within thirty (30) days, and keep the Hosted Environment live during that transition.

Plans cover hosting, infrastructure, and the services described for your plan. They do not include new feature development, bug fixes inside your application code, framework or dependency upgrades, or content and design changes. When an issue traces to application code, we will tell you what we found and quote any fix separately, or hand the findings to your own developer.

If a charge fails or an amount remains unpaid, we may suspend the Hosted Environment ten (10) days after written notice, and will restore it promptly after the outstanding balance is paid.

Foundation and Growth carry the response-time commitments and uptime targets stated for those plans on our App Care page. Contractual service-level agreements are available on Concierge engagements after assessment.

Services are provided on a commercially reasonable basis. To the fullest extent permitted by law, Kingbird’s total liability arising out of or relating to the services is limited to the fees you paid in the three (3) months preceding the claim, and Kingbird is not liable for indirect, incidental, or consequential damages.

We may update these Terms from time to time. Material changes apply to your next renewal, and the version and effective date above will be updated. The Terms in effect when you purchase or renew govern that term.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles.

Kingbird Solutions LLC — chris@kingbirdsolutions.com