Terms of Service

We provide cloud-based and managed DevOps services including but not limited to: platform engineering, business process automation (BPA), iPaaS integrations, software development, cloud infrastructure management, security and compliance services, monitoring, FinOps optimization, and managed platform services.

Features may evolve over time. We will provide reasonable notice (typically 30 days) for materially adverse changes to core functionality. Non-material improvements and additions may be made without notice.

You are responsible for:

• Maintaining confidentiality of credentials
• All activities under your account
• Implementing strong authentication (MFA recommended)
• Immediately notifying us of unauthorized access
• Compliance with security best practices

We may suspend or terminate accounts for security reasons, Acceptable Use Policy violations, non-payment, or as required by law.

Fees are specified in your Order Form or Subscription and may be billed monthly or annually. All fees are in USD unless otherwise stated.

• Payment is due within 15 days of invoice date unless otherwise agreed
• Subscriptions auto-renew at the end of each term unless cancelled 30 days prior
• Late payments may incur interest at 1.5% per month or maximum allowed by law

We may change pricing with 60 days notice. Price increases will not affect your current subscription term but will apply upon renewal.

• Free trials are limited to 30 days unless otherwise specified
• Trial limitations are specified in Documentation
• At trial end, service may be suspended unless you upgrade to paid tier
• Free tiers have usage limits and reduced SLA commitments

• Grace period: 7 days for payment resolution
• Service may be suspended after grace period
• Data retained for 30 days during suspension
• Account may be terminated if payment not received within 60 days

Unless otherwise required by law or specified in Order Form:

• Setup fees are non-refundable
• Subscription fees are non-refundable except as specified for SLA breaches
• Refunds for service cancellation are pro-rated for annual subscriptions if cancelled within 30 days

Fees are exclusive of all taxes. You are responsible for all sales, use, VAT, GST, and similar taxes. If we are required to collect or pay taxes, they will be invoiced separately. You must provide valid tax exemption certificates if applicable.

• Metering is based on our internal systems (source of truth)
• Usage reports available in dashboard
• Billing disputes must be raised within 30 days of invoice
• We will investigate disputed charges in good faith

Standard Tier (included): email support at support@hostingx.co.il, 8×5 (Monday–Friday, 9 AM–5 PM EST, excluding holidays). Initial response: 4 business hours (P1), 8 hours (P2), 24 hours (P3/P4). Resolution best-effort.

Professional Tier: email + ticketing portal, 24×5 coverage. Initial response: 2 hours (P1), 4 hours (P2), 8 hours (P3/P4). Resolution targets: 8 hours (P1), 24 hours (P2). Slack integration available.

Enterprise Tier: all Professional features, plus 24×7×365 coverage, 1-hour P1 response, 2-hour P2 response, dedicated support engineer, emergency hotline, and quarterly business reviews.

• Email: support@hostingx.co.il
• Support portal: available for Professional+ tiers
• Emergency hotline: Enterprise only
• Slack: available upon request

• Advance notice: minimum 72 hours (7 days preferred)
• Typical windows: Tuesday / Thursday 2–6 AM EST
• Maximum: 4 hours per month
• Critical security patches: 24 hours notice when feasible
• Communication: email, status page, in-app notifications

For critical security or stability issues, maintenance may be performed with limited or no advance notice. Notification is sent during or immediately after completion. A post-incident report is provided for P1 incidents.

"Downtime" means Services are unavailable: core API returns errors for more than 5 consecutive minutes, dashboard inaccessible, or Services do not respond to valid requests.

Does NOT include:

• Third-party service failures
• Your network or infrastructure issues
• Scheduled maintenance windows
• Beta features
• Partial degradation with functional workaround

Services are for legitimate business purposes only as described in our Acceptable Use Policy.

You shall NOT:

• (a) Violate laws or regulations
• (b) Breach, probe, or test security measures without authorization
• (c) Reverse engineer, decompile, or disassemble Services
• (d) Overload infrastructure or bypass rate limits
• (e) Use Services for high-risk applications (life safety, medical diagnosis, nuclear facilities, aircraft navigation) without written approval
• (f) Transmit malware, viruses, or harmful code
• (g) Resell or sublicense Services without written agreement
• (h) Process unlawful, stolen, or illegally obtained data
• (i) Conduct credential stuffing, unauthorized scanning, or attacks
• (j) Scrape or systematically extract data
• (k) Bypass access controls or authentication
• (l) Run automations that violate third-party terms of service
• (m) Interfere with other customers' use of Services

• Rate limits are specified in Documentation
• We may adjust limits with 30 days notice for material reductions
• Fair use: reasonable consumption consistent with your service tier
• Excessive use may result in throttling or additional charges

Violations may result in:

• Warning and required corrective action
• Temporary throttling or suspension
• Permanent termination without refund
• Legal action for damages
• Reporting to law enforcement

You retain all rights, title, and interest in Customer Data. We claim no ownership rights.

You grant us a limited license to access, process, store, and transmit Customer Data solely to:

• Provide and improve Services
• Ensure security and integrity
• Comply with legal obligations
• Generate anonymized analytics

Upon termination:

• Active deletion: 30-day grace period
• You may export data during the grace period
• Backups purged within 90 days
• Logs may be retained up to 12 months for security / audit
• Billing records retained per legal requirements (typically 7 years)

Exceptions to deletion:

• Legal holds, subpoenas, or ongoing disputes
• Security incident investigation
• Fraud prevention
• Compliance requirements

• JSON format (primary)
• CSV for structured data
• API access for programmatic export
• Enterprise customers may request custom formats

• Frequency: hourly incremental, daily full backups
• Retention: 30 days
• Recovery: available upon request (Enterprise tier)
• Note: backups are for our disaster recovery; not a customer-facing backup service

Data collection, use, and protection are detailed in our Privacy Policy, which is incorporated by reference.

• Standard: 99.5% monthly uptime
• Professional: 99.9% monthly uptime
• Enterprise: 99.95% monthly uptime

Exclusions: scheduled maintenance, force majeure, third-party failures, your infrastructure, Beta features.

If we fail to meet uptime commitment:

• Submit request via support@hostingx.co.il
• Include dates, times, and evidence of impact
• Deadline: within 30 days of incident
• We will verify and apply credits to next invoice
• Credits are your sole and exclusive remedy for SLA breaches

Maximum credits: 50% of monthly fees for the affected month.

Credits not available for:

• Free tier or trial accounts
• Scheduled maintenance
• Force majeure events
• Your actions or infrastructure
• Third-party service failures

• Encryption: TLS 1.3 in transit, AES-256 at rest
• Access controls: RBAC, MFA, least privilege
• Monitoring: 24/7 SOC, IDS/IPS, SIEM
• Vulnerability management: regular scanning and patching
• Incident response: documented procedures

Detailed security practices in our Security Policy.

• Notification: without undue delay, target 72 hours where feasible
• Information provided: nature of incident, affected data types, mitigation steps, remediation actions
• Method: email to account administrators

• Use strong, unique passwords
• Enable MFA on all accounts
• Protect API keys and access tokens
• Configure access controls properly
• Follow principle of least privilege
• Keep systems and dependencies updated
• Report security concerns promptly

Report vulnerabilities to security@hostingx.co.il. We request a 90-day coordinated disclosure window, acknowledge receipt within 48 hours, and recognise responsible disclosure.

We retain all rights, title, and interest in:

• Services platform, code, and architecture
• Documentation, designs, and interfaces
• Trademarks, logos, and branding
• Algorithms, methodologies, and know-how

You retain all rights to:

• Customer Data (as defined)
• Workflow configurations and automations you create
• Code, scripts, and content you develop
• Outputs generated by your use of Services

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use Services per these Terms
• Use Documentation for your internal purposes
• Use our APIs and SDKs as documented

Restrictions: no sublicensing, commercial redistribution, or creation of derivative works except as necessary for permitted use.

Services may incorporate open-source components subject to their respective licenses. Certain components may be made available under open-source licenses as documented.

Any feedback, suggestions, or ideas you provide are voluntary. We may use them without obligation, compensation, or attribution.

• Protect the other's Confidential Information with reasonable care
• Use it only for purposes of this Agreement
• Not disclose to third parties without consent

Confidential Information does NOT include information that:

• (a) Was publicly available at time of disclosure
• (b) Becomes publicly available through no breach
• (c) Was rightfully known prior to disclosure
• (d) Is independently developed without use of Confidential Information
• (e) Is rightfully received from a third party without confidentiality obligation

• Provide prompt notice if legally permitted
• Cooperate in seeking protective order
• Disclose only minimum information required

Confidentiality obligations survive termination for 3 years.

Services may integrate with third-party APIs, platforms, and services (e.g., AWS, Azure, GitHub, Slack).

We are NOT responsible for:

• Third-party service outages, changes, or deprecations
• Third-party pricing changes
• Third-party terms of service violations
• Data loss due to third-party failures

• Maintaining valid third-party accounts and subscriptions
• Complying with third-party terms of service
• Providing necessary API keys and credentials
• Costs associated with third-party services

Where supported, you may use your own cloud provider accounts and API keys. You remain responsible for security and costs.

We warrant that Services will perform substantially in accordance with Documentation during your subscription term.

Beta Features are provided "as is" with no warranties, excluded from SLA, and may be changed or discontinued at any time.

Some jurisdictions do not allow limitation of implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

The parties agree that these limitations are essential elements of the bargain and that we would not provide Services without these limitations.

You will indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• (a) Your use or misuse of Services
• (b) Your violation of these Terms or applicable laws
• (c) Your Customer Data or Content
• (d) Infringement of third-party rights by your Content
• (e) Your violation of Acceptable Use Policy

We do NOT provide indemnification for intellectual property infringement claims. If you require IP indemnification, contact enterprise@hostingx.co.il for custom terms.

• Promptly notify the indemnifying party of claim
• Allow indemnifying party to control defense and settlement
• Cooperate reasonably in the defense

Agreement begins when you first access Services and continues until terminated. Subscriptions are for specified term (monthly or annual) and auto-renew unless cancelled.

• You may cancel subscription with 30 days notice effective at end of current term
• We may terminate free tier accounts with 30 days notice

Either party may terminate immediately if:

• Other party materially breaches and fails to cure within 30 days of written notice
• Other party becomes insolvent or bankrupt
• Required by law or legal process

We may suspend immediately without notice for:

• Security threats
• Acceptable Use Policy violations
• Non-payment
• Legal requirements

• Your right to access Services immediately ceases
• You must cease all use of Services
• Outstanding fees become immediately due
• We will delete or return Customer Data per Section 7.3
• Sections that by their nature should survive will survive

Sections 7 (Data retention), 10 (IP), 11 (Confidentiality), 14 (Liability), 15 (Indemnity), 18 (Governing Law), and other provisions that by their nature should survive will survive termination.

You represent and warrant that:

• You are not located in an embargoed jurisdiction
• You are not on any government restricted party list
• You will comply with all export and import laws

You will not use Services in violation of any sanctions regime including US, EU, or UN sanctions.

You will comply with all applicable data protection laws (GDPR, CCPA, etc.) in your use of Services.

Unless overridden by mandatory local law, these Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law provisions.

Any disputes shall be resolved in the state or federal courts located in Bernalillo County, New Mexico. Both parties consent to personal jurisdiction and venue in these courts.

Before filing any legal action, parties agree to attempt informal resolution by providing written notice and attempting good-faith negotiation for 30 days.

You agree to resolve disputes on an individual basis only, and waive any right to participate in class actions or class arbitrations (to extent permitted by law).

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all assets.

Neither party shall be liable for failure to perform due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, pandemics, government actions, internet or telecommunications failures, or third-party service outages. During force majeure, affected party's performance obligations are suspended and deadline extended by duration of event.

All notices must be in writing and sent to:

To you: email address on your account. Notices are effective: (a) when delivered by email if sent during business hours, otherwise next business day; (b) 3 business days after mailing.

If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. Remaining provisions remain in full effect.

Failure to enforce any provision does not constitute a waiver. Waivers must be in writing and signed.

This Agreement, including Privacy Policy, Acceptable Use Policy, and Order Form, constitutes the entire agreement and supersedes all prior agreements, understandings, and communications.

In case of conflict:

1. Order Form or Master Services Agreement
2. Data Processing Agreement (DPA)
3. These Terms of Service
4. Acceptable Use Policy
5. Other referenced policies

We may update these Terms by posting revised version with updated date. Material changes require 15 days advance notice via email or dashboard notification.

Material adverse changes will not apply retroactively to your current paid subscription term without your consent, or offering termination right with pro-rated refund of unused prepaid fees. Continued use after notice period constitutes acceptance.

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

No third-party beneficiaries except our affiliates, officers, directors, employees, and agents under indemnification provisions.