SERVICE AGREEMENT

SERVICE AGREEMENT
MIKEGYVER COMPUTER & TECH. INC.

Provider:

Mikegyver Computer & Tech. Inc.
851 S State Rd 434, 1070-125
Altamonte Springs, FL 32714

Effective Date:

Date of purchase and confirmation

Version:

Version 2.0 – Last updated: 10-4-26

This Service Agreement ("Agreement") governs the remote rental services provided by Mikegyver Computer & Tech. Inc. ("Provider") to the individual or entity purchasing the Service ("Customer").

1. Definitions

Service means the remote access rental of either (a) a dedicated Mac Mini ("Dedicated Instance") or (b) a virtual machine environment, either a virtual macOS environment or a Linux virtual machine, hosted on Provider-owned Mac Mini hardware ("VM Instance"), as selected by Customer at purchase.

Instance means the Dedicated Instance or the VM Instance, as applicable.

Host means the Provider-owned Mac Mini hardware on which a VM Instance runs.

Provisioning means the technical setup of the Instance for Customer use.

Shared Resources means the processor, memory, storage, network bandwidth, and other capacity of a Host, which may be shared among multiple VM Instances.

AUP means the Acceptable Use Policy described in Section 7.

2. Services Provided

2.1 Dedicated Instances. Provider will provision and maintain a dedicated Mac Mini instance with the specifications purchased. The Instance is hosted in the United States. Provider will supply credentials for remote access after Provisioning and confirmation of this Agreement.

2.2 VM Instances. Provider will provision and maintain a virtual machine Instance with the memory, storage, and CPU allocation described in the plan purchased. The Instance is hosted on Provider-owned hardware in the United States. Provider will supply credentials for remote access after Provisioning and confirmation of this Agreement.

2.3 Shared Resources, Downtime, and Performance (VM Instances only). Customer understands that a VM Instance runs on a Host whose resources may be shared with other virtual environments. As a result:

(a) Occasional downtime, interruptions, or slowness may occur, including during Host maintenance, restarts, updates, network issues, or periods of high demand on Shared Resources;

(b) Performance may vary and is not guaranteed, and Provider does not guarantee any specific uptime, speed, or throughput;

(c) Provider may adjust, rebalance, or limit resource usage to maintain overall Host stability and fair use among customers; and

(d) Provider may migrate, restart, or temporarily suspend a VM Instance when reasonably necessary for maintenance, security, or Host stability.

Customers should not use a VM Instance for workloads that require guaranteed performance or continuous availability. Customers who need dedicated, non-shared hardware may select a Dedicated Instance.

3. Remote Restart and Hardware Access

If the Instance becomes crashed or inaccessible, Provider will assist with a manual restart up to one (1) time per rental term, subject to Provider's availability and scheduling. Optional services such as virtual power control or console-level (KVM) access may be available for an additional charge upon request.

4. Fees, Billing, and Subscription Management

Customer agrees to pay all fees associated with the selected service plan. Fees are billed in advance and may recur automatically unless cancelled or paused.

If Customer cancels the Service before the end of the selected rental term, the cancellation stops future recurring charges. Customer’s Service will remain active through the end of the then-current paid rental term, after which access will be revoked.

All payments are non-refundable. Provider will not issue prorated refunds, credits, or reimbursements for any unused portion of a rental term following Customer’s cancellation, except as required by applicable law. Provider may suspend or terminate Services for non-payment.

Subscription Pauses, Upgrades, and Resumptions:

Contract Pauses Treated as Cancellations: If Customer pauses their contract or subscription, Provider will treat the request as an effective cancellation at the end of the then-current billing period. Recurring billing will stop, and access will terminate at the end of the paid term.

Optional Data Backup Upon Pause/Cancellation: Upon notice of pause or cancellation, Provider may offer Customer the option to have their user environment and data backed up for restoration onto another Instance at a later date. This data backup and restoration service is optional, requires a separate fee, and must be coordinated directly with Provider.

Upgrades or Hardware Changes: If Customer elects to switch to a higher-tier or different Mac model, VM plan, or configuration (including switching between a VM Instance and a Dedicated Instance), the existing subscription plan will be cancelled, and Customer must initiate a new subscription for the replacement plan. Any retained backup data will be restored to the new Instance subject to the applicable backup fee and provisioning timelines.

Resuming Service on Identical Configuration: If Customer later resumes a previously paused/cancelled contract requesting the exact same Mac model and hardware configuration (or the same VM plan), Customer will be assigned the next available Instance matching those specifications. Provider does not guarantee immediate hardware availability or immediate provisioning upon resumption.

5. Provisioning and Acceptance

Access to the Instance is provided after:

(a) Customer completes checkout;

(b) Provider completes Provisioning; and

Provider will notify Customer when the Instance is ready for use.

6. Customer Responsibilities

Customer is responsible for securing credentials, complying with this Agreement and the AUP, and maintaining backups of Customer data. Provider has no obligation to retain Customer data after the service term ends unless a formal paid backup agreement has been established under Section 4 and Section 12.

7. Acceptable Use Policy (AUP)

Customer shall not use the Instance for any unlawful purpose. Prohibited uses include:

(a) Illegal activities, including fraud, hacking, or other unlawful conduct;

(b) Peer-to-peer (P2P) file sharing or torrenting (unless explicitly permitted and configured by Provider);

(d) Any abusive or excessive use that degrades service quality or creates unreasonable resource usage.

Fair Use and Throttling: Provider reserves the right to automatically throttle, rate-limit, or restrict network bandwidth, disk input/output, or other resources of any Instance whose consumption degrades service quality for other users on the same Host or network, with or without prior notice.

Violation of this section may result in immediate termination without refund.

8. Data and Privacy

Provider is not responsible for Customer data. Customer grants Provider the right to access the Instance for maintenance, security, and support purposes as reasonably required.

9. App Installation and Usage

Customer is granted administrator access to the Instance and may install applications via direct downloads and installers, subject to this Agreement. For VM Instances, administrator access is subject to the resources allocated to the Instance.

10. Network Settings and Connectivity Restrictions

Customer shall not change, modify, disable, or attempt to bypass any underlying physical network interface, system gateway, or core remote-access settings on the Instance without Provider’s prior written approval.

Prohibited Actions Include:

(a) Changing physical Ethernet or Wi-Fi adapter configurations, static IP assignments, primary default gateway, subnet masks, or hardware DNS server settings;

(b) Disabling, modifying, or terminating Provider-configured management services, background monitoring, firewall rules, or default remote access tools (including RustDesk);

(d) Taking any action that severs or interferes with Provider’s ability to remotely access, manage, troubleshoot, or recover the Instance.

Permitted Developer Networking Tools (Carve-Out):
Customer is permitted to install and run user-space mesh networks, reverse proxies, and ingress tunnels (such as Tailscale, Cloudflare Tunnels / cloudflared, ZeroTier, ngrok, or WireGuard client profiles) to use the Instance as a server, expose local web services, or connect developer pipelines, provided that:

(i) Such tools do not override the default network gateway or sever Provider’s underlying RustDesk/management connection; and

(ii) The activity conducted over these services complies with the Acceptable Use Policy (Section 7).

A violation of this section that results in a severed connection constitutes a material breach and may result in immediate suspension or termination of Service without refund, as well as liability for costs required to restore network connectivity.

11. iCloud and Apple ID Restrictions

11.1 Dedicated Instances. Customer is strictly prohibited from signing into iCloud, Apple ID, or any Apple account services that will enable ‘Find My’. Signing into an Apple ID on a Mac may enable Apple security features, including Activation Lock, which can transfer control of the hardware to the Apple ID holder and prevent Provider from accessing or recovering the device.

11.2 VM Instances. Customer is prohibited from signing into iCloud, Apple ID, or any Apple account service in a manner that enables ‘Find My’, Activation Lock, or any other feature that could lock, restrict, or transfer control of the Instance or the Host, or prevent Provider from accessing or recovering them. Apple account features may not function in a virtual environment, and Provider makes no guarantee that any Apple account service will be available or supported within a VM Instance.

11.3 Prohibited Actions (All Instances). Customer shall not:

(a) Sign into iCloud or any Apple ID account on the main MikegyverAdmin Account;

(b) Enable Find My Mac or similar tracking/locking features;

(d) Attempt to erase, reset, or factory restore the Instance or the Host;

(e) Take any action that interferes with Provider’s ownership or control of the Instance, the Host, or the hardware; or

(f) Change, delete, or attempt to alter admin passwords or anything that will prevent Provider from logging into the Instance, the Host, or the Mac.

Violation of this section constitutes a material breach of this Agreement and may result in:

(i) Immediate termination of Service without refund; and

(ii) Financial liability for costs incurred by Provider to recover the Instance or Host, up to the full replacement cost of the affected hardware if the device becomes locked or unrecoverable.

Customer is allowed to sign in to their own individual user account for services (like Apple Developer tools) that do not enable Activation Lock or Find My, or prevent Provider hardware access. For VM Instances, Provider does not guarantee that any such sign-in will function.

12. Environment Reset and Data Backup Options

Upon termination, expiration, pause, or cancellation of the rental period, Provider reserves the right to wipe and delete Customer’s user account, virtual machine, and all associated data in order to reset the system for the next user.

Customer may request that Provider preserve and back up Customer’s environment prior to the reset for restoration onto another Instance at a later date. This service is subject to additional fees and Provider confirmation. If no paid backup arrangement is made before the end of the billing term, all data will be permanently erased.

13. Term, Termination, and Contract Pauses

This Agreement continues for the duration of the selected rental term. Customer may cancel or pause the Service at any time; however, such actions take effect at the end of the then-current paid rental term. Customer will retain access to the Instance until that term expires, unless Provider terminates the Service earlier as permitted under this Agreement.

Provider may terminate Services immediately for violations of this Agreement, the AUP, or non-payment. Upon termination, access is revoked immediately and data may be deleted. No refund, credit, or reimbursement will be provided if termination results from Customer’s violation of this Agreement or voluntary cancellation/pause, except as required by applicable law.

14. Warranty and Liability

Services are provided "AS IS" and "AS AVAILABLE." Provider disclaims all warranties, express or implied. Provider’s total liability for direct damages will not exceed the amount paid by Customer in the three (3) months preceding the claim. Provider is not liable for indirect or consequential damages, including loss of data, business, or profits.

For VM Instances, Provider is not liable for downtime, interruptions, slowness, or performance variation resulting from Shared Resources, maintenance, or circumstances outside Provider's reasonable control.

15. Changes to This Agreement

Provider may update this Agreement from time to time. The current version will be posted on Provider's website with its version number and last-updated date. Updates apply to new purchases and renewals made on or after the posted date. For Customers with an active rental term, updates take effect at the start of the next rental term or renewal, unless the change is required by law or is necessary to protect the security or stability of the Service, in which case it takes effect immediately. Customer's continued use of the Service or renewal after the effective date constitutes acceptance of the updated Agreement. If Customer does not agree to an update, Customer may cancel before the next renewal under Section 4.

16. Governing Law

This Agreement is governed by the laws of the State of Florida. Subject to Section 18 (Dispute Resolution and Class Action Waiver), the parties submit to the jurisdiction of courts located in Orange County, Florida.

17. Indemnification

Customer agrees to indemnify, defend, and hold harmless Mikegyver Computer & Tech. Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to: (a) Customer’s use or misuse of the Instance or Host; (b) any data, software, or material stored, processed, or transmitted by Customer; or (c) Customer's violation of this Agreement, the AUP, or any applicable law or third-party rights.

18. Dispute Resolution and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be settled by binding individual arbitration in Orange County, Florida, rather than in court. Customer agrees that any proceedings will be conducted solely on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action.

Agreement Confirmation

By completing checkout or replying to the confirmation email with “I understand and agree,” Customer acknowledges that they have read, understood, and agree to be bound by this Agreement.

Network Updates

Our network updates are scheduled to occur every weekend during early AM hours. Please contact us if this schedule presents an operational conflict.

Authorized for Provider
Mikegyver Computer & Tech. Inc.

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SERVICE AGREEMENT