Terms and Conditions

Last Updated on [27-02-2024]

1. Introduction

Welcome to App Stax, infrastructure as a service provided by OnHover (hereinafter “Company”, “we”, “us”, or “our”). These terms and conditions (the “Terms”) govern your use of App Stax, an online platform that enables users to deploy and use applications on their own virtual private cloud servers (the “Services”). By using our Services, you agree to these Terms.

2. Scope of Services

App Stax offers an advanced infrastructure as a service that enables users to deploy and manage applications on their own virtual private cloud servers. The Services include:

Virtual Private Servers: Users can create, configure, and manage cloud-based servers with root-level access, allowing them to install and customize applications according to their needs.
Resource Allocation: Users can allocate and manage resources, to optimize the performance and scalability of their applications.
Networking: App Stax provides users with a dedicated access address and enables them to configure custom settings.
Backup and Snapshots: Our platform automatically creates backups and allows users to create snapshots of their server instances at any point in time, ensuring data protection and easy recovery.
Monitoring and Logging: Users can monitor server performance, resource utilization, and application logs through the “TOP” command. This feature helps users identify and resolve issues quickly, ensuring high availability and reliability.
Billing and Payment Management: App Stax provides a simple wallet service for users to deposit funds and manage their billing and payment processes. This ensures a seamless and secure payment experience for the Services.

These features and capabilities are designed to provide a robust and flexible infrastructure solution for businesses and individuals alike. Users can leverage App Stax to deploy, manage, and scale their applications in a secure and efficient manner.

Please note that the specific use case or application for the Services is determined by the user. App Stax is designed to accommodate a wide range of applications and use cases, including web hosting, development environments, data processing, and more.

3. Jurisdiction

Our Services are accessible internationally, and users from various countries, including India, the USA, South and East Asia, and Europe, will use our platform. While the Services are globally accessible, it is important to note that specific laws and regulations may apply depending on the user’s location.

By using our Services, you acknowledge that you are responsible for understanding and complying with any applicable local, national, and international laws, including but not limited to data protection, privacy, and intellectual property laws. You also agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control.

In the event of any dispute arising out of or related to these Terms or the Services, you agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved amicably, it will be finally resolved through arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996, as amended, by a sole arbitrator appointed by the Company. The arbitration will be conducted in English and will take place in New Delhi, India.

The arbitrator’s award will be final and binding upon the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek interim or emergency relief in any court of competent jurisdiction in the event of a breach or threatened breach of these Terms or any intellectual property rights.

By using our Services, you acknowledge and agree that:

You are responsible for understanding and complying with any applicable local, national, and international laws that may apply to your use of our Services.
The Company is not responsible for determining whether or which laws may apply to your use of the Services.
You will not use our Services in any manner that would result in a violation of any applicable laws or regulations.
You will indemnify and hold the Company harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party or the Company due to your non-compliance with these Terms and Conditions or any applicable laws.

This arbitration provision does not apply to claims for injunctive or equitable relief or for claims regarding intellectual property rights (such as trademarks, trade secrets, copyrights, and patents).

Please note that the choice of jurisdiction and dispute resolution mechanisms may be subject to specific legal requirements in your country. If you have any concerns or questions regarding the jurisdiction and dispute resolution provisions, you should consult with a legal professional before using our Services.

4. Registration and Account Management

To access and use our Services, you must register for an account by providing accurate, complete, and updated registration information. This may include, but is not limited to, your name, email address, and other contact information.

Upon registration, you will be required to create a unique username and password (collectively, your “Credentials”). You are solely responsible for maintaining the confidentiality of your Credentials and for any activity that occurs under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or Credentials.

You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to maintain its accuracy. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services if we suspect that such information is untrue, inaccurate, or incomplete.

By registering for an account, you agree to receive certain communications from us, such as transactional emails, account notifications, and service announcements. You may opt-out of non-essential communications, but some communications, such as those related to your account or legal matters, cannot be opted out of.

You are responsible for maintaining the security of your account, including but not limited to your login credentials. Any data generated by you during your session is your responsibility, and we disclaim all liability in the case of loss or damage.

We reserve the right to terminate or suspend your account at any time, without prior notice, for any reason, including but not limited to a violation of these Terms, a breach of security, or suspicious activity. If we terminate your account, you may lose access to any data associated with your account, and we will have no liability for such loss.

5. Payment and Billing

Our billing and payment processes involve a third-party payment processor and a simple wallet service. Users can deposit funds into their wallet and use them to pay for Services. If the funds deplete to zero or are insufficient, all active Services will be terminated.

5.1 Payment Methods

We accept various payment methods for our Services, including credit cards, debit cards, and digital wallets. The specific payment methods available may vary depending on your location and the third-party payment processor we use. We do not store your complete payment details; instead, we use a secure third-party payment processor to handle transactions.

5.2 Billing Cycles

Our billing cycles are typically monthly or annually, depending on the subscription plan you choose. The billing cycle starts on the date you purchase the Services or the date of the subsequent renewal. You will be billed automatically on the first day of each billing cycle.

5.3 Prorated Charges

For new users, the billing period will start on the day you sign up and end on the last day of the monthly or annual cycle. If you upgrade or downgrade your plan during the billing cycle, your bill may be prorated based on the number of days left in the cycle.

5.4 Refunds

We issue refunds according to our refund policy. Typically, we only offer refunds for unused, paid services within 30 days of the purchase. However, we may approve refunds for exceptional circumstances at our discretion.

5.5 Wallet Service

We provide a wallet service for easier payment management. You can deposit funds into your wallet and use them to pay for Services. If the funds deplete to zero or are insufficient, all active Services will be terminated. Please note that wallet balances are non-refundable.

5.6 Additional Charges

Additional charges may apply for certain features, add-ons, or usage beyond the included allowance in your subscription plan. These charges will be clearly communicated and will appear on your invoice.

5.7 Late Fees

If your payment is overdue, you may be charged a late fee. Late fees will be calculated based on the outstanding balance and the length of the overdue period. Late fees will be specified in your invoice.

5.8 Currency

All payments are accepted in US dollars (USD) by default. However, we support multiple currencies based on your location and the third-party payment processor we use. Exchange rates will be determined by the third-party payment processor and may be subject to change.

6. Intellectual Property

6.1. Company Ownership

All service-related content, including but not limited to the text, graphics, logos, icons, images, and software (collectively, the “Materials”) are owned by or licensed to the Company. The Materials are subject to copyright and other intellectual property rights under applicable laws. Unauthorized use, copying, or distribution of the Materials may violate these rights and result in legal action.

6.2. User-Generated Content

While using the Services, you may generate and upload content, such as data, code, or other materials (“User Content”). You retain all rights to your User Content, but by using the Services, you grant the Company a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform, or display such User Content for the sole purpose of operating, developing, providing, improving, and promoting the Services.

6.3. Trademarks

The Company’s name, logos, and branding are registered trademarks of the Company. You may not use these trademarks without the Company’s prior written consent. Any unauthorized use of the Company’s trademarks or other proprietary content may constitute an infringement or violation of the Company’s rights and result in legal action.

6.4. Third-Party Content

The Services may include content owned by third parties, such as open-source software or other materials. The Company does not claim ownership of this third-party content and cannot grant any rights to such content. You are responsible for obtaining any necessary permissions or licenses for the use of third-party content.

6.5. Prohibited Uses

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or Materials, except as expressly permitted by applicable law. You may not remove any proprietary notices or labels on the Materials or any copies thereof.

6.6. Copyright Complaints

If you believe that any Materials or User Content on the Services infringes your copyright, please notify us using the contact information provided on our website. The Company will respond to all valid notices of copyright infringement in accordance with its Copyright Infringement and Takedown Policy.

By adhering to this section, you acknowledge and agree that the Company’s intellectual property rights, including trademarks, copyrights, and proprietary content, are protected by applicable laws and that any unauthorized use or misuse may result in legal consequences.

This section provides a comprehensive overview of the Company’s intellectual property rights and the responsibilities and restrictions that apply to Users. By using the Services, you acknowledge and agree to abide by these terms. If you have any questions or concerns regarding this section, please consult a legal professional.

7. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms or the Services (a “Dispute”), the parties agree to resolve the Dispute through the following process:

Notice: The party initiating the Dispute (the “Complainant”) shall provide written notice to the other party (the “Respondent”) setting forth the subject of the Dispute and the relief requested. Upon receipt of such notice, the parties shall attempt in good faith to resolve the Dispute informally within thirty (30) days from the date of the notice.
Mediation: If the Dispute cannot be resolved informally, the parties agree to first attempt to resolve the Dispute through mediation before resorting to arbitration or court proceedings. The mediation shall be conducted by a mutually agreed-upon mediator or, in the absence of an agreement, a mediator appointed by a court of competent jurisdiction. The mediation shall take place in a location mutually agreed upon by the parties, or if no agreement can be reached, in a location determined by the mediator.
Arbitration: If the Dispute is not resolved through mediation, the parties agree to submit the Dispute to binding arbitration before the American Arbitration Association (AAA) or another mutually agreed-upon arbitration institution. The arbitration shall be conducted in accordance with the rules of the arbitration institution chosen by the parties. The decision of the arbitrator shall be final and binding on the parties.
Jurisdiction: Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its rights or property pending the resolution of the Dispute. The parties hereby consent to the exclusive jurisdiction and venue of the courts of India for the purpose of any judicial proceedings arising out of or related to these Terms or the Services.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions.

By using the Company’s Services, you agree to the terms and conditions outlined above, including the Dispute Resolution process. If you do not agree to any part of these terms and conditions, you are not authorized to access or use the Company’s services in any way.

8. Termination of Services

We reserve the right to suspend, restrict, or terminate your access to the Services at any time, without notice, for any reason, including but not limited to, any violation of these Terms, any illegal or harmful activity, or if we believe your use of the Services poses a risk to us, our systems, or other users.

Upon termination, your right to use the Services will immediately cease, and you must promptly delete any of our content or data from your systems, as applicable. We may also remove or delete your account and any content or data associated with it.

In the event of termination, we will not be liable to you or any third party for any damages, including any loss of profits, revenue, or data, arising out of the termination.

Additionally, we may terminate or suspend your access to the Services if you fail to maintain sufficient credits in your wallet or if you fail to pay any amounts due to us. If your account is terminated due to a violation of these Terms, you will not be eligible for a refund of any amounts previously paid to us.

Please note that upon termination, your data may be deleted from our systems, and we may not be able to recover any data that was stored or processed through the Services. It is your responsibility to ensure that you have backed up any important data before termination.

We encourage you to review our data protection and privacy policy for more information on how we handle user data and what data may be deleted upon termination of the Services.

If you have any questions or concerns about termination of Services, please contact us at [email protected].

9. Limitation of Liability

Under no circumstances will the Company, its directors, officers, employees, partners, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:

The use or the inability to use the Services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service; or
Any other matter relating to the Services.

In no event will the Company’s total liability to you for all damages, losses, and causes of action exceed the amount you paid to the Company for the Services in the past six (6) months. If you are dissatisfied with any aspect of the Services or have any other grievances, your sole and exclusive remedy is to stop using the Services.

This limitation of liability is part of the basis of the bargain between you and the Company and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if the Company has been advised of the possibility of such damage.

The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the Company’s liability will be limited to the greatest extent permitted by law.

This section is intended to clarify and specify the limitations on the Company’s liability arising from your use of the Services. It is not intended to limit the Company’s liability in any way that is not permitted by applicable law.

By utilizing the Company’s Services, you understand and agree that the exclusions and limitations of liability set forth in this Terms and Conditions are reasonable and necessary for the Company to provide the Services.

10. Changes to the Terms and Conditions

We reserve the right to update or amend these Terms and Conditions from time to time to reflect changes in our services, legal requirements, or business practices. When we make any material changes, we will notify you by prominently posting a notice on our website, displaying a pop-up notification, or sending you an email notification (at the email address associated with your account), at our discretion. The updated Terms and Conditions will become effective upon posting or, if applicable, the date specified in the notification.

By continuing to access or use our Services after the effective date of the updated Terms and Conditions, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using our Services. We encourage you to review the Terms and Conditions periodically for any updates or changes.

To help you stay informed about our changes, we will keep a historical record of the Terms and Conditions, including the dates they were last updated. This record will be accessible on our website, allowing you to easily compare and understand the changes that have been made over time.

By utilizing the Company’s Services, you affirm that you are above the age of 18 and accept these terms and conditions in full. If you do not agree to any part of these terms and conditions, you are not authorized to access or use the Company’s services in any way. Users are responsible for maintaining the security of their accounts, including but not limited to their login credentials. Any data generated by the User during their session is their responsibility, and the Company disclaims all liability in the case of loss or damage. All service-related content and intellectual property rights are owned by the Company. Since the server instances deployed are private and solely accessed by the User, any data generated during the User’s session is the product of the User. Data protection and privacy policy can be found at https://onhover.app/index.php/privacy-policy/. The Company will not be responsible for any loss or damage resulting from inability to access or use the services, or from any failure of the services.