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Draft — must be reviewed before publication

This text is a template. It has not been reviewed by a lawyer and is not in force. Placeholders in square brackets have to be filled in.

Terms of Service

The terms under which Odinex Cloud is provided.

Last updated: [Date]

1. Who we are

Odinex Cloud ("Odinex", "we", "us") is operated by [Operator name], a sole proprietor, [Address], [Country] ("the operator"). Contact: [Contact email]. [Add any registration or tax identifiers that apply, or remove this sentence.]

2. Scope

These terms apply to your use of the Odinex Cloud console, API, command-line tools and all cloud resources you create with them (together, "the services"). By creating an account you accept these terms, the Acceptable Use Policy and the Privacy Policy.

[Review: state whether the services are offered to businesses only, to consumers as well, and which consumer rules (for example a right of withdrawal) apply.]

3. Your account

  • You must give accurate information and keep your login details and API tokens secret. You are responsible for everything done with your account and tokens.
  • You must be at least [18] years old and able to enter into a contract.
  • We may ask you to verify your identity or payment method before you can use the services or raise your limits.

4. The services

We provide virtual servers, storage, networking and related services as described in the documentation. We may change, add or retire features. We will give reasonable notice before retiring a feature you use, unless that is not possible for security or legal reasons.

[Review: describe the availability you commit to. No service level agreement is offered unless stated here.]

5. Prices and payment

  • Prices are listed on the pricing page and in the API, in euros. [Review: state whether prices include VAT.]
  • The services are prepaid. You top up a balance; usage is charged hourly from it and capped at the monthly price of each resource, as described in Billing.
  • Payment processing fees, if any, are shown before you pay.
  • A new resource can only be created if your balance covers at least one hour of all your resources.
  • Top-ups are [non-refundable / refundable on request within [N] days] [Review]. Unused balance at account closure is [handled as follows: …] [Review].
  • Price changes apply to resources created afterwards. We will announce price changes at least [N] days in advance.

6. Unpaid usage, suspension and deletion

If your balance reaches zero, we notify you. If it stays at or below zero for [24 hours], we suspend your account: servers are powered off and new resources cannot be created. If the balance is still not positive [14 days] after the suspension, we delete all your billable resources and their data. Deleted data cannot be recovered. Topping up before then lifts the suspension.

We may also suspend services, with notice where possible, if you breach these terms or the Acceptable Use Policy, if a payment is disputed, or to protect the services or other customers.

7. Your content and data

  • You keep all rights to the data you store on the services. You give us the rights we need to store and process it in order to provide the services.
  • You are responsible for backing up your data. Snapshots and backups offered by the services are tools to help you, not a guarantee against data loss.
  • You are responsible for the software you run and for securing your servers.

8. Limits

Accounts have limits on the number of resources. You can ask for higher limits; we decide on such requests at our discretion.

9. Liability

[Review: limitation of liability clause. Must be checked against the law that applies, in particular mandatory liability for intent, gross negligence and injury to life, body or health.]

10. Termination

You can close your account at any time in the console after deleting your resources and settling any negative balance. We can terminate these terms with [N] days' notice, or immediately for serious breaches.

11. Changes to these terms

We may change these terms. We will tell you about material changes at least [N] days before they take effect, by email or in the console. If you keep using the services after that date, the new terms apply.

12. Governing law

[Review: governing law and place of jurisdiction.]