Terms of Service

Introduction

Welcome, and thank you for your interest in Kuboide SRLS ("Kuboide," "we," or "us"). These Terms of Service ("Terms") govern your access to and use of Kuboide's software, platform, APIs, and related tools, including the website at www.kuboide.com, and all related services made available by Kuboide to deploy, manage, and monitor Linux cloud servers (collectively, the "Service"). By using the Service, you agree to these Terms.

Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to these Terms.

1. Service Description

Kuboide is a server management platform that helps developers and teams deploy, configure, and monitor Linux servers on various cloud providers. The Service includes:

• Server Provisioning: Tools to create and configure servers on supported cloud providers.
• Infrastructure Management: Dashboard to manage server configurations, services, and Docker containers.
• Deployment Tools: Git-based deployment functionality to deploy applications to your servers.
• Monitoring: Real-time monitoring of server resources, logs, and service health.
• Configuration Management: Tools to edit and manage configuration files for various services.

Subject to your compliance with these Terms, Kuboide grants you a limited, non-exclusive, non-transferable right to access and use the Service.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old or the age of majority in your jurisdiction;
• You have not previously been suspended or removed from the Service;
• Your registration and use of the Service complies with all applicable laws in your jurisdiction.

3. Account Registration

To access most features of the Service, you must register for an account. When you register, you may be required to provide information such as your name, email address, and other contact information.

You agree that:

• The information you provide is accurate, complete, and not misleading;
• You will keep your account information up to date;
• You are solely responsible for maintaining the confidentiality of your account credentials;
• You accept responsibility for all activities that occur under your account;
• You will immediately notify us at info@kuboide.com if you believe your account has been compromised.

4. Server Access and Responsibilities

To use the Service, you must provide Kuboide with access to your servers via SSH. By granting this access, you acknowledge and agree that:

4.1. Your Responsibilities

• You have the legal right to grant Kuboide access to the servers you connect;
• You are responsible for all data, applications, and content stored on your servers;
• You are responsible for maintaining backups of your data;
• You are responsible for ensuring your servers comply with applicable laws and regulations;
• You are responsible for the security of your servers beyond what Kuboide manages.

4.2. Kuboide's Access

• Kuboide accesses your servers solely to provide the Service (infrastructure management, deployments, monitoring);
• Kuboide does not access, read, or process your application data, databases, or user content;
• You may revoke Kuboide's access at any time by removing the SSH key from your server.

4.3. No Liability for Server Operations

Kuboide is not responsible for:

• Data loss or corruption on your servers;
• Server downtime or unavailability;
• Security breaches resulting from your server configuration or applications;
• Any damages resulting from operations you request through the Service.

5. Cloud Provider Integration

The Service allows you to integrate with third-party cloud providers (such as AWS, Hetzner, DigitalOcean, Google Cloud, Vultr, and others) to provision and manage servers.

5.1. Your Credentials

If you provide API keys or credentials for cloud providers:

• You represent that you have the authority to use those credentials;
• Kuboide will use your credentials only to perform operations you authorize through the Service;
• Kuboide stores your credentials securely using encryption.

5.2. Cloud Provider Costs

You are solely responsible for all costs incurred with cloud providers, including but not limited to server hosting fees, bandwidth charges, and storage costs. These costs are separate from any fees you pay to Kuboide.

5.3. Cloud Provider Terms

Your use of cloud providers is subject to their respective terms of service and policies. Kuboide is not responsible for the actions, availability, or policies of any cloud provider.

6. Payment Terms

6.1. Paid Services

Certain features of the Service require payment of fees. Before you pay any fees, you will have an opportunity to review and accept the fees that will be charged. Unless otherwise specified, all fees are non-refundable except as required by law or as described in these Terms.

6.2. Pricing

Kuboide reserves the right to determine and modify pricing for the Service. We will make reasonable efforts to keep pricing information on our website up to date. If we change fees for any feature you are currently using, we will provide advance notice through the Service, email, or other reasonable means. Your continued use after a price change constitutes acceptance of the new pricing.

6.3. Payment Processing

We use Stripe, Inc. ("Stripe") to process payments. By using the payment features of the Service, you agree to be bound by Stripe's terms of service available at stripe.com/legal. You authorize Stripe to store and continue billing your payment method to avoid service interruptions.

6.4. Subscription Service

The Service may include subscription-based plans with recurring payments. If you purchase a subscription:

• Your subscription will automatically renew at the end of each billing period unless you cancel;
• You must cancel at least 24 hours before the renewal date to avoid being charged for the next period;
• You may cancel your subscription through your account settings or by contacting us at info@kuboide.com.

6.5. Taxes

You are responsible for all applicable taxes associated with the Service, except for taxes based on Kuboide's net income. If we are required to collect taxes, they will be added to your invoice.

6.6. Delinquent Accounts

We may suspend or terminate access to the Service for any account with overdue payments. Delinquent accounts may also be charged fees associated with collection efforts.

7. Ownership and Licenses

7.1. Service Ownership

Kuboide and its licensors own and retain all rights, title, and interest in the Service, including all software, designs, documentation, and intellectual property. These Terms do not grant you any ownership rights in the Service.

7.2. Your Content

You retain all rights to your data, including server configurations you create, code you deploy, and any content stored on your servers. Kuboide does not claim ownership of your content.

7.3. Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant Kuboide the right to use that Feedback without restriction or compensation to you.

7.4. Usage Data

Kuboide may collect and analyze usage data about how you interact with the Service (excluding your application data and server content). We may use this data to improve the Service and may share it with third parties only in aggregated, anonymized form.

8. Third-Party Services

The Service integrates with various third-party services, including:

• Cloud providers (AWS, Hetzner, DigitalOcean, Google Cloud, Vultr, Akamai, etc.)
• Git hosting services (GitHub, GitLab, Bitbucket)
• Payment processors (Stripe)

Your use of third-party services is subject to their respective terms and privacy policies. Kuboide does not control and is not responsible for third-party services. We do not make any warranties regarding their availability, accuracy, or reliability.

9. Use Restrictions

You agree not to:

• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Service;
• Reproduce, modify, or create derivative works of the Service;
• Rent, lease, lend, sell, or sublicense the Service to any third party;
• Remove any proprietary notices from the Service;
• Probe, scan, or attempt to penetrate the Service's security;
• Use the Service to harvest, scrape, or extract data;
• Use the Service in any manner that violates applicable laws or regulations;
• Use the Service to infringe on the rights of others;
• Use the Service for any illegal activities, including hosting illegal content on managed servers;
• Interfere with or disrupt the Service or servers connected to the Service;
• Permit any third party to do any of the foregoing.

You will promptly notify Kuboide of any unauthorized use and cooperate to prevent and terminate such use.

10. Beta Services

From time to time, we may offer beta, pilot, or early access features ("Beta Services"). Beta Services:

• Are provided "as-is" without any warranty;
• May be modified or discontinued at any time without notice;
• May not be as reliable or complete as generally available features;
• Should not be used for production workloads unless you accept the associated risks.

KUBOIDE SHALL HAVE NO LIABILITY ARISING FROM YOUR USE OF BETA SERVICES.

11. Communications

By creating an account, you consent to receive electronic communications from us, including:

• Service announcements and updates;
• Security alerts and notifications;
• Billing and payment notifications;
• Promotional communications (you may opt out of these).

You may opt out of promotional emails by using the unsubscribe link in any promotional email or by contacting us.

12. Modification of Terms

We may modify these Terms from time to time. When we make material changes:

• We will update the "Last updated" date at the top of this page;
• We will notify you by email or through the Service;
• Changes will be effective when posted unless otherwise specified.

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

13. Termination

13.1. Termination by You

You may stop using the Service and close your account at any time by contacting us or using account settings.

13.2. Termination by Kuboide

We reserve the right to suspend or terminate your access to the Service at any time:

• If you violate these Terms;
• If your account has been inactive for over one year (for free accounts);
• If required by law;
• If we discontinue the Service.

13.3. Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases;
• We may delete your account data after a reasonable period;
• If you have a paid subscription and we terminate without cause, we will provide a pro-rata refund for the unused portion;
• If we terminate due to your violation of these Terms, no refund will be provided.

Sections 7 (Ownership), 16 (Indemnity), 17 (Disclaimer), 18 (Limitation of Liability), and 19 (Governing Law) will survive termination.

14. Modification of Service

Kuboide may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of significant changes. Kuboide will not be liable for any modification, suspension, or discontinuation of the Service.

You should maintain your own backups of any configurations or data you consider important.

15. Privacy

Please read our Privacy Policy for information about how we collect, use, and protect your personal data. By using the Service, you consent to our data practices as described in the Privacy Policy.

16. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Kuboide, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of any applicable laws or regulations;
• Any content or data you store on servers managed through the Service;
• Any third-party claims related to your servers or applications.

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

KUBOIDE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

18. Limitation of Liability

18.1. No Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, KUBOIDE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE.

18.2. Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, KUBOIDE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO KUBOIDE IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).

18.3. Essential Basis

THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND KUBOIDE. KUBOIDE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

Some jurisdictions do not allow limitation of liability for certain damages, so some of these limitations may not apply to you.

19. Governing Law and Disputes

19.1. Governing Law

These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

19.2. Dispute Resolution

Before initiating any formal legal action, you agree to contact us at info@kuboide.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

19.3. Jurisdiction

If informal resolution fails, any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Italy.

19.4. EU Online Dispute Resolution

If you are a consumer in the European Union, you may also use the Online Dispute Resolution platform provided by the European Commission at ec.europa.eu/consumers/odr.

20. Consumer Rights (EU)

If you are a consumer in the European Union, you have certain rights that cannot be waived by these Terms:

20.1. Right of Withdrawal

You have the right to withdraw from your purchase within 14 days without giving any reason. To exercise this right, contact us at info@kuboide.com with a clear statement of your decision to withdraw.

However, if you have expressly consented to the Service beginning during the withdrawal period and acknowledged that you will lose your right of withdrawal once the Service has been fully performed, the right of withdrawal may not apply.

20.2. Consumer Guarantees

Nothing in these Terms affects your statutory rights as a consumer under applicable EU law, including your rights under the Consumer Rights Directive.

20.3. Mandatory Local Law

If you are a consumer, the mandatory provisions of the consumer protection laws of your country of residence will apply to these Terms to the extent they provide greater protection than these Terms.

21. Contact Information

If you have any questions about these Terms or the Service, please contact us: