1. The agreement
These Terms of Service (“Terms”) govern your use of the Deployxa website, dashboard, @deployxa/cli, APIs and hosting services (together, the “Service”), operated by Deployxa (“Deployxa”, “we”, “us”). By creating an account or using the Service you agree to these Terms, the Acceptable Use Policy and the Privacy Policy.
If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind it, and “you” means that organization. If you do not agree to these Terms, do not use the Service.
2. Accounts
- You must be at least 16 years old and provide accurate information when you register.
- You are responsible for all activity under your account, your workspaces and your API keys. Keep passwords and keys confidential, use team roles to limit access, and revoke keys you no longer need.
- Tell us promptly at [email protected] if you suspect unauthorized access to your account.
- Workspace owners control their workspace, including its members, roles, projects and billing, and are responsible for the members they invite.
- We may refuse registration or reclaim an account name where needed to prevent abuse or impersonation.
3. Acceptable use
You must use the Service in line with the Acceptable Use Policy, which forms part of these Terms. In short: no malware, phishing, spam, illegal or infringing content, cryptocurrency mining, unauthorized network scanning or attacks, and no attempts to break out of your container or exhaust shared resources. You are responsible for the apps you deploy and for how your own users use them.
4. Plans, billing, credits and refunds
Plans and subscriptions
The Service is offered on a free plan and on paid plans described on our pricing page. Paid subscriptions are billed in advance on a monthly or annual cycle and renew automatically until cancelled. You can cancel at any time from the billing settings; cancellation takes effect at the end of the current billing period, and you keep paid features until then.
Usage and limits
Each plan includes resource limits (for example compute, memory, storage, bandwidth and number of projects). Usage beyond what your plan includes may be billed at the rates on the pricing page, drawn from your credit balance, or throttled until you upgrade.
Credits
You can buy prepaid credits, and we may grant promotional credits. Credits can be used only on the Service, have no cash value, cannot be transferred between accounts, and promotional credits may expire on the date stated when they are granted.
Payment
Payments are processed by third-party payment processors (currently Stripe, Paystack and Bachs), whose terms also apply to your payment. Prices exclude taxes unless stated otherwise, and you are responsible for applicable taxes. If a payment fails we may retry it, notify you, and suspend paid features after a reasonable grace period.
Price changes
We will give at least 30 days’ notice of a price increase for your plan. It takes effect from your next renewal after the notice period.
Refunds
Fees are non-refundable except where these Terms or applicable law say otherwise. If you believe you were charged in error, contact [email protected] within 30 days of the charge and we will review it in good faith.
5. Your content and intellectual property
Your content. You keep all rights in the code, applications, data, files and configuration you deploy or upload (“Customer Content”). You grant Deployxa a limited, worldwide licence to host, copy, transmit, build and run Customer Content only as needed to provide, secure and support the Service. You confirm that you have the rights needed for Customer Content and that it complies with these Terms.
Personal data. Where Customer Content includes personal data, the Data Processing Agreement applies and forms part of these Terms.
Our property. Deployxa and its licensors own the Service, including its software, design, documentation and brand. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You may not copy, resell or reverse engineer the Service except where the law expressly allows it.
Feedback. If you send us suggestions, we may use them without obligation to you.
6. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or restrict all or part of your account, or a specific deployment, if:
- you breach these Terms or the Acceptable Use Policy;
- your use creates a security risk or threatens the stability of the Service or other customers;
- payment is overdue after notice; or
- we are required to by law.
Where reasonable we will notify you first and give you a chance to fix the problem. In urgent cases, such as active abuse or an attack, we may act immediately and tell you afterwards. We may terminate the Service for convenience with at least 30 days’ notice, in which case we will refund prepaid fees for the unused period.
After termination, your right to use the Service ends. You can export your data until the account is closed; after closure we delete Customer Content as described in the Privacy Policy. Sections that by their nature should survive (including payment obligations, intellectual property, disclaimers, limitation of liability and indemnity) survive termination.
7. Disclaimer of warranties
We work hard to keep the Service available and secure, but it is provided “as is” and “as available”. To the extent permitted by law, Deployxa disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. You are responsible for keeping your own backups of Customer Content. Unless a separate written agreement provides a service level agreement, no uptime commitment applies.
8. Limitation of liability
To the extent permitted by law:
- Deployxa is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, even if advised of the possibility.
- Deployxa’s total liability arising out of or relating to the Service is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or USD 100.
Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.
9. Indemnity
You will defend and indemnify Deployxa against third-party claims, and the resulting losses, damages and reasonable costs, arising from Customer Content, your apps, or your breach of these Terms or the Acceptable Use Policy. We will notify you promptly of the claim, let you control its defence, and cooperate reasonably at your expense.
10. Changes to the Service and these Terms
We may change the Service, for example by adding or retiring features. If we make a change to these Terms that materially affects you, we will notify you by email or in the dashboard at least 30 days before it takes effect, except where a change is required by law or to address a security risk. If you keep using the Service after the change takes effect, the new Terms apply. If you do not agree, you may close your account before then.
11. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Deployxa’s operating entity is established, without regard to its conflict-of-law rules. Disputes will be resolved by the competent courts of that jurisdiction, unless the law of the country where you live as a consumer gives you the right to bring proceedings there. Before starting proceedings, both parties agree to try to resolve the dispute informally for at least 30 days.
12. General
These Terms, together with the policies they reference and any order form you sign, are the entire agreement between you and Deployxa about the Service. If any part is unenforceable, the rest remains in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor. Neither party is liable for delays caused by events beyond its reasonable control.
13. Contact
Questions about these Terms or your account: [email protected]. Privacy questions: [email protected].
Questions about this document? Email [email protected].
