Please read these Terms of Service, Privacy Policy, Acceptable Use Policy and Anti-Spam Policy ("Terms", "Terms of Service") carefully before using the Contifier Platform (the "Service") operated by
LXC.Cloud, Ltd. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the
Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of
the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not
responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for
any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider
(your "Payment Method"). You expressly agree to make payment using selected Payment Method and that LXC.Cloud, Ltd. is not responsible for any loss or damage arising from the submission
of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: service availability, errors in the description or price
of the service, error in your order or other reasons. You expressly agree that LXC.Cloud, Ltd. cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of services on the Service. The services available on our Service may be mispriced, described inaccurately, or
unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a
service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to
existing statutory rights.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you
participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules
will apply. The terms of service of any other "Promotions" are independent of this agreement.
Cloud Providers
Our Service provides unique platform for integrating multiple Linux containers technologies into one easily manageable containers environment. The platform utilizes CPU, storage, memory and network resources of public Cloud Providers ("Cloud Providers"), which our platform explicitly supports.
By accessing or using the Service you also agree to be bound by any Terms of Service (including, but not limited to, any Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, etc.) which the supported Cloud Provider requires you to adhere to. If you disagree with any part of their respective terms and conditions then you may not access the Service.
Pricing Model
For our Service, we use pricing model ("Pricing Model") that consists of two parts - first part of the pricing model is for the subscription access ("Subscription") to the Service, and the second part is for pay-as-you-go ("PAYG") pricing model for the payment of utilized Cloud Providers resources.
Billing Account
Due to how our Service commercially operates, when you sign up and create customer account with us, we will automatically assign you a virtual billing account ("Billing Account") which is used for the sole purpose of billing you for your usage of the Service, based on the Pricing Model.
You can add virtual credits ("Virtual Credits") to your Billing Account by using a Payment Processor. One Virtual Credit equals to the amount of One US dollar.
Subscription
Access to the Service is billed independently and on a subscription basis ("Subscription"). You will be billed on a recurring, periodic basis ("Billing Cycle"). The billed amount for the access to the Service is determined by the membership type you have at the time you're being billed. Billing Cycle is set on a monthly basis.
At the beginning of each Billing Cycle, if your billing account balance is greater or equal than the price of your membership type, you will be automatically billed for the access to the Service and the Subscription will be extended until the end of the current Billing Cycle.
If your billing account doesn't have sufficient Virtual Credits to be billed, you will be explicitly informed of this situation by the means of electronic communication (e-mail message and/or SMS message). If you want to continue using the Service for the current Billing Cycle, you are required to add enough Virtual Credits to your Billing Account as soon as possible. We will retry billing you again in the next 24 hours. If you still fail to be billed in then next 12 hours, your access to the Service will be permanently cancelled.
Pay-as-you-go Pricing
We use pay-as-you-go ("PAYG") pricing model for the sole payments for utilization of CPU, storage, memory and network resources when we run and provide you our Service on top of supported Cloud Providers.
When you utilize our Service by the means of ordering a container server, we automatically start to bill you for the usage, no matter if you deploy containers or not. We use pay per minute billing scheme and the Billing Account balance is automatically updated.
Free Trial
LXC.Cloud, Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). The Free Trial applies only to the Subscription to the Service and does not cover PAYG charges.
At any time and without notice, LXC.Cloud, Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Refunds
Certain refund requests for Subscriptions may be considered by LXC.Cloud, Ltd. on a case-by-case basis and granted in sole discretion of LXC.Cloud, Ltd.
Accounts
When you sign up and create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may
result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service
or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or
entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or
damage arising out of any misrepresentations you make in this regard.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual
property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of dmca@contifier.com and include in your notice a detailed description
of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000.
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, LXC.Cloud, Ltd., are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your
complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT":
- Your contact details - including your name, email address and daytime telephone number.
- Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
- The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will
enable us to deal with your request promptly.
You can contact our Notice and Takedown Officer via email at dmca@contifier.com.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of LXC.Cloud, Ltd. and its licensors. The Service is protected by copyright,
trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any service without the prior
written consent of LXC.Cloud, Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by LXC.Cloud, Ltd.
LXC.Cloud, Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge
and agree that LXC.Cloud, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, please contact us.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless LXC.Cloud, Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall LXC.Cloud, Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
LXC.Cloud, Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will LXC.Cloud, Ltd. ever be liable to you or any
other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these
Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income,
profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other
theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by LXC.Cloud, Ltd. or any
person for whom LXC.Cloud, Ltd. is responsible, and even if LXC.Cloud, Ltd. has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any
prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new
terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop
using the service.
Contact Us
If you have any questions about these Terms, please contact us.
Effective Date
These Terms Of Service became effective on: June 1, 2017.
Copyright © 2018 LXC.Cloud, Ltd. All rights reserved.