Terms of Service

1. Acceptance of Terms

By accessing or using ServerVault ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all of these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and ServerVault.

2. Eligibility

• You must be at least 18 years old to create an account and use the Service.
• You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
• By using the Service, you represent and warrant that you meet these requirements.
• The Service is not directed at children under 13. If we become aware that a user is under 13, we will promptly delete their account.

3. Description of Service

ServerVault is a cloud-based server management platform that allows you to provision, configure, monitor, and deploy applications to virtual private servers (VPS) that you own or control. The Service connects to your servers via a lightweight agent you install. ServerVault does not host your servers or data; it provides management tooling only.

4. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials and must notify us immediately of any unauthorized access.
• You are solely responsible for all activity that occurs under your account.
• You must not share account access, create accounts on behalf of others without authorization, or allow third parties to use your account.
• You must provide accurate, current, and complete information when registering and keep it updated.
• You must only connect servers that you own or have explicit authorization to manage.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation.
• Gain or attempt to gain unauthorized access to any system, network, or data.
• Distribute malware, ransomware, spyware, spam, or any other harmful or malicious code.
• Conduct denial-of-service attacks or any activity that disrupts or degrades the Service.
• Infringe any intellectual property, privacy, or other rights of any third party.
• Engage in fraudulent, deceptive, or misleading activity.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.
• Reverse-engineer, decompile, or attempt to derive source code from the Service.

6. Intellectual Property

The Service, including its software, design, trademarks, and documentation, is owned by ServerVault and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose under these Terms. You retain full ownership of all code, data, and content residing on your servers. We claim no intellectual property rights over your content.

7. Third-Party Integrations

The Service integrates with third-party providers including Stripe (payments), GitHub, GitLab, and Bitbucket (source control). By connecting these services, you agree to their respective terms of service and authorize ServerVault to interact with them on your behalf to the extent required by the integration. We are not responsible for the practices, availability, or security of any third-party service. You may revoke any integration at any time from your account settings.

8. Free Trial

We offer a 14-day free trial that requires a valid payment method at sign-up. Your card will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid plan at the then-current price unless you cancel before the trial ends. You will receive an email reminder before your trial expires. You may cancel at any time during the trial at no cost.

9. Billing, Auto-Renewal & Payments

IMPORTANT — AUTO-RENEWAL NOTICE: Subscriptions renew automatically at the end of each billing cycle (monthly or annually, as selected at sign-up) at the then-current subscription price. You authorize us to charge your payment method on file for each renewal without further action from you.

• All prices are displayed exclusive of applicable taxes (VAT, GST, sales tax). EU users will be charged VAT at the applicable rate for their country.
• Payments are processed by Stripe, Inc. By subscribing, you agree to Stripe's Terms of Service and Privacy Policy.
• To cancel auto-renewal, you must cancel your subscription before the renewal date via your account billing settings.
• We reserve the right to change pricing with at least 30 days' advance notice for existing subscribers. Continued use after the effective date constitutes acceptance.
• If a payment fails, we will attempt to retry the charge. Accounts with unpaid balances may be suspended after a reasonable grace period.

10. Cancellation & Refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.

• We do not provide pro-rated refunds for unused portions of a billing period, except where required by law.
• If you believe a charge was made in error, contact us within 30 days of the charge and we will investigate.
• Accounts cancelled for violations of these Terms are not eligible for refunds.

11. EU Right of Withdrawal

If you are a consumer resident in the European Union or European Economic Area, you have the right to withdraw from this contract within 14 days of account creation without giving any reason (the "cooling-off period"). However, by requesting immediate access to the Service at sign-up, you expressly consent to the Service beginning before the end of the cooling-off period and acknowledge that you lose your right of withdrawal once the Service has been fully performed. For subscriptions not yet begun, you retain the full 14-day right of withdrawal. To exercise the right of withdrawal (where applicable), contact us via the contact page using the subject "Right of Withdrawal."

12. Service Availability & Disclaimers

We aim for high availability but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, emergency updates, or experience outages beyond our control. We will endeavor to provide advance notice of planned downtime. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Nothing in these Terms excludes statutory rights that cannot be waived under applicable consumer protection law.

13. Data Ownership & Privacy

You retain full ownership of all data, code, configurations, and content stored on your servers and transmitted through the Service. We do not claim any rights to your data. We process personal data only as described in our Privacy Policy, which is incorporated into these Terms by reference. For EU/EEA users, we act as a data processor with respect to personal data on your servers and as a data controller with respect to your account information.

14. GDPR Rights (EU/EEA Users)

If you are located in the European Union or European Economic Area, you have the following rights regarding your personal data under the General Data Protection Regulation (GDPR):

• Right of Access (Art. 15): You may request a copy of the personal data we hold about you.
• Right to Rectification (Art. 16): You may request correction of inaccurate or incomplete personal data.
• Right to Erasure (Art. 17): You may request deletion of your personal data in certain circumstances ("right to be forgotten").
• Right to Restriction of Processing (Art. 18): You may request that we limit how we use your data in certain circumstances.
• Right to Data Portability (Art. 20): You may request your data in a structured, machine-readable format.
• Right to Object (Art. 21): You may object to processing based on legitimate interests.
• Right to withdraw consent at any time where processing is based on consent.
• To exercise these rights, contact us via the contact page. We will respond within 30 days. You also have the right to lodge a complaint with your national data protection supervisory authority.

15. California Privacy Rights (CCPA/CPRA)

If you are a California resident, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) grants you the following rights:

• Right to Know: You may request disclosure of the categories and specific pieces of personal information we have collected about you.
• Right to Delete: You may request deletion of personal information we have collected, subject to certain exceptions.
• Right to Correct: You may request correction of inaccurate personal information.
• Right to Opt-Out of Sale or Sharing: We do not sell or share your personal information with third parties for cross-context behavioral advertising.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.
• To submit a verifiable consumer request, contact us via the contact page. We will respond within 45 days.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVERVAULT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you to the extent prohibited by applicable consumer protection law.

17. Indemnification

You agree to indemnify, defend, and hold harmless ServerVault and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or third-party rights; or (c) any content or data you transmit through the Service.

18. Termination

Either party may terminate the agreement at any time. You may cancel your account via your account settings. We reserve the right to suspend or terminate your account immediately, without notice, for material violations of these Terms, fraudulent activity, or non-payment.

• Upon termination for any reason, your right to use the Service ceases immediately.
• We will delete your account data within 90 days of termination, unless a longer retention period is required by law.
• Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

19. Dispute Resolution

For users in the United States: Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You waive any right to a jury trial and to participate in a class action. This clause does not prevent either party from seeking emergency injunctive relief in a court of competent jurisdiction. Small claims court actions are excluded from this arbitration requirement.

For users in the EU/EEA: If you are an EU/EEA consumer, you may use the European Commission Online Dispute Resolution platform at ec.europa.eu/consumers/odr. The mandatory arbitration clause above does not apply to you; you retain the right to bring proceedings in the courts of your country of residence.

20. Governing Law

These Terms are governed by and construed in accordance with applicable law. For users in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. For users in the European Union or European Economic Area, mandatory consumer protection provisions of your country of residence apply and cannot be overridden by this choice of law clause.

21. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' advance notice of material changes by email or a prominent notice within the Service. For EU/EEA users, continued use after the effective date of material changes requires your affirmative acceptance. If you do not accept the updated Terms, you must stop using the Service before the effective date.

22. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ServerVault regarding the Service and supersede all prior agreements.

23. Contact

For questions about these Terms, to exercise your legal rights, or to submit a complaint, please contact us via the contact page.