Terms of Service

1. Acceptance of Terms

By accessing or using services provided through stackserver.com ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Stackserver ("we," "us," or "our").

These Terms apply to all users of the Stackserver platform, including visitors who browse the website, registered account holders, and paying customers utilizing our cloud infrastructure services. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Continued use of our services after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email to the address associated with your account at least thirty (30) days before they take effect.

2. Service Description

Stackserver provides cloud server hosting, container orchestration, auto-scaling infrastructure, API-driven server management, CI/CD deployment pipelines, managed databases, edge networking, and related developer infrastructure services. Our platform is designed for developer teams and DevOps workflows requiring fast, programmable, and reliable infrastructure.

Service specifications, including but not limited to compute resources (CPU cores, RAM), storage allocations (NVMe SSD), network capacity (bandwidth, port speed), and available features (load balancers, CDN, monitoring), are described on our website, within the API documentation, and within the client portal. These specifications represent the resources allocated to your services and are subject to the fair-use limits outlined in your service plan.

We may update, modify, or discontinue specific features with reasonable notice. Stackserver does not guarantee that the services will be compatible with all third-party software, hardware, or systems. It is your responsibility to ensure compatibility with your specific requirements before committing to a service plan. Our support team is available to help with pre-deployment assessments.

Stackserver performs regular infrastructure maintenance to ensure optimal performance, security, and reliability. Emergency maintenance may be performed without advance notice when necessary to address critical security vulnerabilities or prevent service degradation. Maintenance windows are communicated via our status page and API.

3. Account Registration & Security

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information throughout the duration of your account. You are responsible for maintaining the confidentiality of your account credentials, including passwords, API keys, access tokens, and SSH keys.

You are solely responsible for all activities that occur under your account, whether or not authorized by you. This includes actions performed via the API, CLI, or any integrated CI/CD pipeline using your credentials. You must notify Stackserver immediately of any unauthorized use of your account or any other security breach.

We strongly recommend enabling two-factor authentication (2FA) on your account for enhanced security. API keys should be rotated regularly and stored securely using environment variables or secret management tools. Accounts may not be shared, transferred, or assigned to another party without prior written consent from Stackserver.

You must be at least eighteen (18) years of age to create an account and use Stackserver services. By registering, you represent that you meet this age requirement.

4. Acceptable Use Policy

You agree not to use Stackserver services for any unlawful purpose or in violation of applicable local, national, or international laws and regulations. Prohibited activities include but are not limited to:

• Distributing or hosting illegal content, malware, ransomware, or phishing materials
• Sending unsolicited bulk email (spam) or operating open mail relays
• Engaging in resource abuse, including cryptocurrency mining without prior written authorization
• Attempting unauthorized access to other systems, accounts, or networks
• Conducting denial-of-service attacks, port scanning, or network probing of third parties
• Violating intellectual property rights or privacy rights of third parties
• Operating proxy services, VPNs, or TOR exit nodes intended to circumvent legal restrictions
• Hosting content that promotes violence, hatred, discrimination, or child exploitation
• Running processes that consume excessive shared resources and degrade service quality for other customers
• Circumventing or attempting to circumvent resource limits, security controls, or rate-limiting mechanisms

Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without prior notice or refund. Stackserver reserves the right to remove or disable any content that violates this policy without liability to you. Repeated or severe violations will result in permanent account termination.

Stackserver may periodically review account activity to ensure compliance with this policy. Such monitoring is conducted in accordance with our Privacy Policy and applicable data protection regulations.

5. Service Level Agreement

Stackserver guarantees 99.99% network and infrastructure uptime, measured on a monthly basis. Uptime percentage is calculated as: ((total minutes in month − downtime minutes) / total minutes in month) × 100. Uptime is calculated excluding scheduled maintenance windows, which are communicated at least 48 hours in advance via the status page and email.

In the event that uptime falls below the guaranteed threshold, eligible customers may request service credits. Credits are calculated as a percentage of the monthly fee for the affected service, proportional to the duration of the downtime. Credit requests must be submitted within thirty (30) days of the incident via our support system or API.

Service credits are calculated as follows: for monthly uptime between 99.9% and 99.99%, a credit of 10% of monthly fees for the affected service; between 99.0% and 99.9%, a credit of 25%; below 99.0%, a credit of 50%. Credits shall not exceed 50% of the total monthly fee for the affected service and are issued as account credit only.

This SLA does not apply to disruptions caused by: (a) force majeure events including natural disasters, acts of war, or government actions; (b) customer-initiated actions such as misconfigurations or software errors; (c) third-party service failures outside Stackserver's control; (d) scheduled or emergency maintenance; or (e) DDoS attacks that exceed our mitigation capacity.

6. Payment Terms & Billing

Services are billed based on resource consumption (usage-based billing) or on a monthly subscription cycle, depending on your selected plan. Payment is due within fourteen (14) days of the invoice date. All prices are stated in United States Dollars (USD) and are exclusive of applicable taxes, duties, and levies unless otherwise specified.

Failure to make timely payment may result in suspension of services. Stackserver reserves the right to charge interest on overdue amounts at a rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. Services suspended due to non-payment may be terminated and associated data deleted after thirty (30) days of continued non-payment.

Services renew automatically at the end of each billing period unless cancelled prior to renewal. Stackserver reserves the right to modify pricing with at least thirty (30) days' prior written notice. Price changes will take effect at the start of the next billing cycle following the notice period. Existing contractual pricing commitments will be honored for their full term.

Refunds are provided on a prorated basis for unused time in the current billing period when services are cancelled. You are responsible for all taxes, duties, and government assessments associated with your use of the services, except for taxes based on Stackserver's net income.

7. Data Protection & GDPR Compliance

Stackserver is fully committed to compliance with the General Data Protection Regulation (GDPR), the Dutch Implementation Act (UAVG), and all other applicable data protection legislation. All customer data is stored exclusively in European data centers within the European Economic Area (EEA), with enterprise-grade physical and digital security measures in place.

Data is encrypted both at rest (using AES-256 encryption) and in transit (using TLS 1.3). We maintain strict access controls based on the principle of least privilege, conduct regular security audits and penetration testing, and implement comprehensive technical and organizational measures to protect the confidentiality, integrity, and availability of your data.

As a data processor, Stackserver processes personal data only as instructed by you, the data controller. We do not sell, share, rent, or use your data for advertising or marketing purposes. You may request a Data Processing Agreement (DPA) at any time by contacting our legal department. We support your rights and those of your users under GDPR.

In the event of a personal data breach, Stackserver will notify you without undue delay and no later than seventy-two (72) hours after becoming aware of the breach, in accordance with Article 33 of the GDPR.

8. Intellectual Property

All content, trademarks, service marks, trade names, logos, software, documentation, APIs, CLI tools, and materials provided by Stackserver are the exclusive property of Stackserver or its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

You retain full ownership of all data, content, code, containers, and applications you upload, store, or run on Stackserver infrastructure. Nothing in these Terms transfers ownership of your intellectual property to Stackserver. You grant Stackserver a limited, non-exclusive, revocable license to host, store, and process your content solely for the purpose of providing the contracted services.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Stackserver platform or its proprietary software. You may not reverse-engineer, decompile, disassemble, or attempt to extract the source code of any Stackserver software, unless applicable law expressly permits such activity.

If you provide Stackserver with feedback, suggestions, or ideas regarding our services, you grant Stackserver a perpetual, irrevocable, non-exclusive license to use such feedback for any purpose without compensation or attribution.

9. API Usage & Rate Limits

The Stackserver API is provided for programmatic management of your infrastructure. API access is subject to rate limits as documented in our API reference. Rate limits vary by endpoint and plan tier. Exceeding rate limits may result in temporary throttling or suspension of API access.

You agree to implement appropriate error handling and retry logic with exponential backoff in your API integrations. Automated systems should respect rate limit headers returned in API responses. Intentional circumvention of rate limits is a violation of these Terms.

API keys and access tokens are credentials and must be treated with the same security as passwords. You are responsible for all actions performed using your API credentials. We recommend using scoped tokens with minimum required permissions and rotating credentials regularly.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Stackserver's total aggregate liability for any and all claims arising out of or related to these Terms or the services shall not exceed the total fees actually paid by you to Stackserver during the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall Stackserver, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of the cause of action or the theory of liability.

Stackserver shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control (force majeure), including but not limited to natural disasters, acts of government, power failures, internet or telecommunications disruptions, cyberattacks, pandemics, or labor disputes.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Stackserver's liability shall be limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Stackserver, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Stackserver services or any activity conducted through your account
• Your violation of these Terms of Service, any applicable law, regulation, or third-party agreement
• Your infringement or alleged infringement of any third-party rights
• Any content, data, containers, or materials you store, transmit, or distribute through the platform
• Any dispute between you and a third party relating to your use of the services

Stackserver reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation shall survive the termination or expiration of these Terms.

12. Termination & Cancellation

Either party may terminate this agreement by providing thirty (30) days' written notice to the other party. You may cancel your services at any time through the client portal, API, or CLI. Stackserver reserves the right to terminate services immediately, without prior notice or refund, in the event of a material breach of these Terms.

Upon termination or cancellation, you are responsible for exporting your data prior to the effective termination date. Stackserver provides data export tools through the API and client portal. We will retain your data for thirty (30) days following termination, after which all data will be permanently and irreversibly deleted.

Termination does not relieve you of any obligation to pay outstanding invoices or fees incurred prior to the termination date. Prorated refunds are issued for unused time in the current billing period for standard cancellations.

13. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate the negotiation process by providing written notice describing the nature of the dispute.

If the dispute is not resolved through negotiation within thirty (30) days, either party may escalate to mediation administered by a mutually agreed-upon mediator in the Netherlands. If mediation fails within sixty (60) days, either party may pursue formal legal proceedings.

14. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Any disputes arising from or relating to these Terms that cannot be resolved through the dispute resolution process shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. These Terms, together with the Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and Stackserver.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us. We aim to respond to all inquiries within two (2) business days.

[email protected]

For legal and compliance matters, you may also contact our legal department directly at [email protected].