These Terms of Service ("Terms") govern your access to and use of the Out Plane platform, website, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you agree to these Terms on its behalf.
Who We Are
The Service is operated by Out Plane LLC, a Delaware limited liability company located at 131 Continental Dr, Suite 305, Newark, DE 19713, US ("Out Plane", "we", "us").
The Service
Out Plane is a platform-as-a-service that lets you deploy and run containerized applications, managed databases, and related infrastructure. We may add, change, suspend, limit, or discontinue any part of the Service at any time. We try to give notice of materially adverse changes where practical, but this is not always possible.
Eligibility and Your Account
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You are responsible for the activity that happens under your account and for keeping your credentials secure. You must provide accurate information, and we may ask you to verify your identity.
Acceptable Use
You agree not to use the Service to:
- distribute malware, exploits, or run cryptocurrency mining;
- launch denial-of-service attacks or otherwise attack, disrupt, or gain unauthorized access to any system or network;
- send spam, phishing, or fraudulent content;
- host illegal content, including child sexual abuse material or content promoting terrorism or violence;
- infringe intellectual property or violate the privacy or rights of others;
- operate proxies, VPNs, or anonymization services for abuse, resell or share compute resources, or evade usage or billing limits;
- run bots, scrapers, or automated traffic for abusive purposes, or consume resources or bandwidth in a way that harms the platform or other users.
If you are unsure whether your use case is allowed, ask us before deploying. We may investigate suspected violations and, in our sole discretion, remove or disable access to content, or suspend or terminate accounts, with or without notice.
Your Content
You retain ownership of the code, data, and content you deploy. You grant us the limited rights needed to host, process, and transmit your content solely to provide the Service. You are responsible for having the rights to everything you deploy and for its legality. Where your content includes personal data, we act as your processor under our Data Processing Agreement.
Feedback
If you give us feedback, suggestions, or ideas, you grant Out Plane a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use and incorporate them into the Service for any purpose, without obligation to you.
Plans, Billing, and Taxes
Paid usage is billed according to the plan and pricing shown at the time of use. Fees are exclusive of taxes, and you are responsible for all applicable taxes. Promotional credits, where offered, are subject to their stated conditions and expiry. Fees are non-refundable except where required by law. If payment fails, we may suspend or terminate the Service.
Availability and Support
The Service is provided on an "as available" basis. Any uptime commitment applies only where expressly stated in a separate written agreement. Where a service-level agreement applies, service credits are your sole and exclusive remedy for any failure to meet it, and are not cash-refundable.
Warranty Disclaimer
To the maximum extent permitted by law, the Service and all documentation are provided "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". We disclaim all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that data will not be lost.
Limitation of Liability
To the maximum extent permitted by law, Out Plane will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, goodwill, data, or business interruption, however caused and under any theory of liability.
Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (i) the total fees you paid to Out Plane in the 12 months preceding the event giving rise to the claim, or (ii) USD 100.
These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose.
Indemnification
You will defend, indemnify, and hold harmless Out Plane and its affiliates, officers, and employees from and against any third-party claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to your content, your use of the Service, or your violation of these Terms or applicable law.
Suspension and Termination
You may stop using the Service and close your account at any time. We may suspend or terminate access for any reason in our sole discretion, including breach of these Terms, risk to the platform or others, abuse, or non-payment, and immediately for acceptable-use, security, or legal reasons. No prepaid fees are refunded on termination for cause. You are solely responsible for exporting your content before termination, and we may remove or disable access to content without notice.
Force Majeure
Out Plane is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, civil unrest, strikes, pandemic, government action, or failures of utilities, networks, or third-party providers.
Export and Sanctions
You will comply with all applicable export control and sanctions laws. You will not use, export, or re-export the Service to any embargoed jurisdiction or prohibited party, and you represent that you are not on any denied-party or sanctioned-party list.
High-Risk Uses
The Service is not designed or intended for high-risk, fail-safe uses such as life support, nuclear facilities, aircraft or air-traffic control, weapons systems, or other critical infrastructure. You assume all risk of any such use.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
Your Statutory Rights
Nothing in these Terms limits or excludes any mandatory statutory or consumer-protection rights you have in your jurisdiction. Where applicable law prohibits an exclusion or limitation in these Terms, that provision applies only to the maximum extent permitted.
Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The state and federal courts located in Delaware will have jurisdiction over any dispute, subject to any mandatory consumer-protection rules that give you the right to bring proceedings in your place of residence.
Changes to These Terms
We may update these Terms from time to time. Material changes take effect 30 days after they are posted for existing users, and immediately for new users. Your continued use of the Service after changes take effect constitutes acceptance.
General
If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. These Terms, together with the policies referenced in them, are the entire agreement between you and Out Plane regarding the Service. Our failure to enforce any right is not a waiver of it. We will send notices to you through the Service or your account contact details; you can reach us at [email protected].
Contact
Questions about these Terms can be sent to [email protected].