Terms of Service

You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and able to enter into a binding contract to use the Service. If you use the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and references to “you” include both you personally and that organisation, who are jointly and severally liable under these Terms.

You are solely responsible for safeguarding your account credentials, including any passwords, API keys, SSH keys, magic-link tokens and OAuth access. You are responsible for all activity that occurs under your account, including all charges, even if that activity was carried out by someone else using your credentials, and whether or not you authorised it. You must notify us promptly at [email protected] of any unauthorised access or use, but notice does not retroactively relieve you of liability for charges already incurred.

We may verify your identity, payment method and contact information at any time and may suspend or terminate your account if verification fails or if the information you have provided is incomplete, inaccurate or out of date.

Krovaprovides on-demand virtual machines (“Cubes”) running on dedicated bare-metal infrastructure, along with related tooling for billing, networking, custom domains, snapshots, backups, team management and an API. The exact features and limits available to you depend on your plan and any per-space overrides we apply at our discretion.

We may add, modify, deprecate, suspend or remove any feature, interface, region, plan, limit, rate or other aspect of the Service at any time, in our sole discretion, with or without notice. We will use reasonable efforts to give advance notice of changes that, in our judgement, materially and adversely affect functionality you actively use, but no specific notice period is guaranteed.

The Service may include features marked as beta, preview, experimental or similar. Such features are provided as-is and may be unstable, incomplete, modified or withdrawn at any time. You should evaluate the Service against your own requirements before relying on it for any workload, and especially for any beta feature.

You retain all rights in the data, software, configurations and other materials you upload to, run on or generate through the Service (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, transmit, route, process, display, modify (only to the extent required by the technical operation of the Service) and back up your Customer Content solely as needed to provide, secure, monitor, troubleshoot, defend and improve the Service for you. This licence lasts only for as long as we host the Customer Content and ends when the Customer Content is permanently removed.

You are solely responsible for:

• Choosing the operating system, software, container images, configurations and any third-party services you run inside a Cube, and for the legality and security of each of them.
• Maintaining your own independent backups of any data you cannot afford to lose. Although we provide redundant storage and optional snapshot and backup features, those are convenience tools, not a substitute for your own backup strategy.
• Securing the software you install — including patching, access control, secrets management, monitoring and abuse response.
• Compliance with all laws and third-party agreements applicable to your use of the Service and to your Customer Content, including export controls, sanctions, intellectual-property and data-protection laws.
• Obtaining and maintaining any licences, registrations, authorisations and consents required by the workloads you run (including any required by your end users).

We do not pre-screen or routinely inspect Customer Content, but we may access, scan, copy, quarantine or remove Customer Content without notice where, in our judgement, doing so is necessary to operate, secure, protect or defend the Service, to investigate suspected violations of the Agreement, to comply with applicable law or a legal request, or to respond to claims of infringement or abuse.

Your use of the Service must comply with our Acceptable Use Policy, which forms part of these Terms. Violating the AUP is a material breach of these Terms and may result in immediate suspension or termination of your account and forfeiture of any unused prepaid credit, subscription fees and other amounts paid, without refund and without prejudice to any other remedy.

5.1 Per-hour metered billing

Running Cubes are billed by the hour based on the resources you configure (vCPU, RAM, disk) and any applicable plan multipliers. Rates are published on the Krova pricing page and may be updated by us at any time; the rates in effect at the start of a billing hour apply to that hour. Sleeping Cubes do not accrue per-hour compute charges; storage of snapshots, backups and other retained resources may still be billed at the applicable rate.

5.2 Prepaid credit and top-ups

Most usage is paid from a prepaid credit balance held against your space. You may top up your balance through our payment provider. Top-up amounts are charged in full at the time of purchase and a payment-processing surcharge is added so that the full base amount you select is credited to your space.

Prepaid credit is for use on the Service only. All credit is non-refundable, non-transferable, non-exchangeable, non-redeemable for cash, and has no monetary value outside the Service, except where a non-waivable consumer right under applicable law requires otherwise. Unused credit may be forfeited on suspension or termination of your account under Section 8.

5.3 Subscription plans

Paid plans are sold as recurring subscriptions billed in advance by our payment provider. Each billing period grants the plan's included credit to your space and unlocks the plan's feature limits. Subscription fees are non-refundable in whole or in part, including for partial billing periods, unused features, downtime, downgrades, cancellations or unused credit, except where a non-waivable consumer right under applicable law requires otherwise.

You may change or cancel your subscription at any time from your dashboard. Upgrades take effect immediately. Downgrades take effect at the end of your current billing period and require that your space already fits within the lower plan's limits. Cancellation moves your space to the default plan at the end of the current period; Cubes that exceed the destination plan's concurrent-Cube limit will be automatically slept (their data is preserved subject to our retention practices).

5.4 Postpaid overage (optional)

If your plan allows overage and you opt in, Cubes may continue to run after your prepaid balance is exhausted, up to a customer-set cap per billing period. Overage usage is billed on your next subscription invoice and is payable in full when invoiced. Overage is opt-in and you may disable it from your billing settings; the cap is a customer-set ceiling that limits further accrual, not a guarantee that overage will continue to be available, and we may withdraw or restrict overage for any space at any time.

5.5 Low balance and auto-sleep

When your credit balance falls below your low-balance threshold we will attempt to send a notification. If your balance reaches zero and overage is not enabled (or its cap is reached), running Cubes are automatically slept to prevent further charges. We are not liable for any service interruption, data loss, lost revenue or other consequence arising from insufficient balance, a missed notification, or any sleep, suspension or termination resulting from non-payment.

5.6 Taxes

All fees are stated exclusive of taxes. You are responsible for any applicable sales, value-added, goods-and-services, withholding, excise, customs or similar taxes, duties and levies associated with your use of the Service, excluding only taxes based on our net income. If we are required to collect any such tax, we may add it to your invoice.

5.7 Disputes about charges

You must notify us in writing at [email protected] of any billing dispute within 30 days of the invoice or charge to which the dispute relates. Charges not disputed within that period are deemed final, accepted and undisputed.

5.8 Chargebacks and set-off

You agree not to initiate a chargeback, payment reversal or similar dispute with your bank or card issuer for any charge without first contacting us under Section 5.7 and giving us a reasonable opportunity to resolve the issue. We treat chargebacks made in breach of this section as a material breach of the Agreement and may suspend or terminate your account, invalidate unused credit and recover from you our costs (including chargeback fees and reasonable legal costs).

You authorise us to set off any unpaid amounts you owe us (including overage, taxes, chargebacks and damages) against any credit balance, prepaid amounts or refunds otherwise due to you, before issuing any remaining balance.

5.9 Price changes

We may change the rates, fees, plan limits, surcharges and credit terms applicable to the Service at any time in our sole discretion. Changes apply to billing hours starting on or after their effective date. Your continued use of the Service after a price change takes effect constitutes acceptance of the new prices.

Payments are processed by our third-party payment provider, Polar (and any successor or additional provider we select). By making a payment you agree to the terms of the relevant payment provider and you authorise us and the provider to charge your chosen payment method for the applicable fees, including recurring subscription fees and overage. We do not store full payment card details on our systems. We are not responsible for any act, omission, outage, error or delay of any payment provider.

We work hard to keep the Service available, but we do not offer a service-level agreement (SLA) or any uptime, performance or availability guarantee, and no such guarantee may be implied. The Service is provided on a best-efforts basis. Planned and unplanned maintenance, infrastructure failures, third-party outages, network events, security incidents, force-majeure events and other factors can each cause downtime, degradation, slowdowns or data unavailability.

You are responsible for designing your workloads to tolerate the level of availability we actually provide and for maintaining your own backups, monitoring, redundancy and failover where appropriate.

We may suspend, throttle, restrict or terminate all or part of your access to the Service, your account, your spaces and any associated resources (including Cubes, snapshots, backups, domains and API keys), immediately and with or without notice, in our sole discretion, if:

• you breach (or we reasonably believe you have breached) these Terms, the AUP or any other published policy;
• your account, your workloads or your end users' activity pose, in our judgement, a security, abuse, fraud, legal, reputational or stability risk to us, our infrastructure, other customers or any third party;
• we are required or asked to do so by applicable law, a court, a regulator, a law-enforcement body, a payment network or another competent authority;
• a payment fails, a chargeback is initiated, your balance is insufficient and you have not enabled overage, or you have not paid an invoice when due; or
• we decide to discontinue the Service or any part of it.

You may stop using the Service at any time and delete your account from the dashboard. On any suspension, termination, cancellation or discontinuation, we may, in our sole discretion and to the extent permitted by law, delete your Customer Content (including snapshots, backups and any other stored data) after such retention period as we may set from time to time, and forfeit any unused credit, top-ups and prepaid subscription fees. We strongly recommend exporting anything you need to keep before deleting your account or ceasing to use the Service.

Sections that by their nature should survive termination (including Sections 3, 5 (for amounts owed at termination), 8, 9, 10, 11, 13, 14, 15, 17, 18, 19 and 20) survive any termination or expiration of the Agreement.

9.1 Convenience tools, not guarantees

We use redundant storage and offer optional snapshots and backups to separate storage. These features are convenience tools and not a substitute for your own backup strategy. We do not guarantee, warrant or represent that any Customer Content, snapshot, backup, configuration, log, metadata or other data will be retained, available, recoverable, complete, accurate, durable or free from corruption, for any period of time or at all.

9.2 Risks you accept (assumption of risk)

You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, you assume all risk of loss, deletion, corruption, unavailability, alteration, exposure or inaccessibility of Customer Content arising from any cause, including:

• accidental, mistaken, automated, premature or wrongful deletion, overwriting or modification of a Cube, snapshot, backup, volume, port mapping, domain, configuration or other resource — whether caused by you, your team members, our personnel, our software, our automated jobs, a third-party provider, or anyone else;
• hardware failure of any kind, including disk failure, RAID or array failure, simultaneous multi-disk failure, controller failure, memory failure, CPU or motherboard failure, power failure or destruction of a host;
• host reboots (planned or unplanned), kernel panics, kernel bugs, guest reboots, hypervisor crashes, operating-system errors, virtualisation faults, live-migration failures, or failures during resize, snapshot, backup, restore, import, export or transfer operations;
• software defects, bugs, regressions, misconfigurations, race conditions, data races or operator error in our Service, background workers, scripts, automations or migrations;
• outages, failures, errors, latency, data corruption or data loss at any third-party provider on which we rely (including infrastructure, storage, networking, payment, DNS, email, analytics and real-time messaging providers);
• network failures, route changes, IP blocking, null-routing, DDoS attacks, traffic-mitigation actions, DNS issues or customer-domain-provider issues;
• security incidents, intrusions, ransomware, credential compromise, social engineering, abuse-mitigation actions and any responsive measures (including suspending, sandboxing, isolating or removing Cubes or Customer Content);
• actions we take to comply with applicable law, a court order, regulatory request, sanctions screening, abuse notice or any other legal process;
• forfeiture and deletion of Customer Content following suspension, termination, non-payment, expiration of any retention window or your own deletion request;
• errors, omissions or delays in the dashboard, API, server actions or any automation, including issuing a destructive operation on the wrong resource or at the wrong time; and
• force-majeure events as described in Section 16.

9.3 No duty to retain, recover or restore

We have no obligation to retain, recover, reconstruct, restore, replace or provide a copy of any Customer Content, snapshot, backup, configuration or other data, whether before, during or after suspension or termination of your account. Any recovery assistance we provide is a goodwill measure offered at our sole discretion, on a best-efforts basis, without warranty and without implying any obligation to do so again.

9.4 Your responsibilities

Without limiting Section 3, you are solely responsible for:

• maintaining your own up-to-date, independent backups of any Customer Content you cannot afford to lose, stored outside the Service;
• testing your backups regularly to confirm that they are complete and restorable;
• verifying any destructive action (delete, restore, redeploy, transfer, resize, factory reset) before confirming it, and ensuring that the people you grant access to your spaces do the same; and
• implementing appropriate redundancy, failover, monitoring and disaster-recovery measures for your workloads.

9.5 Your sole and exclusive remedy

To the maximum extent permitted by applicable law, your sole and exclusive remedy for any loss, deletion, corruption or inaccessibility of Customer Content is, at our option, to (a) attempt a best-efforts recovery from any backup or snapshot we happen to hold, without warranty as to result, or (b) issue a service credit equal to the pro-rated portion of the subscription fee (if any) attributable to the affected resource for the affected period, applied to future use of the Service and not refundable in cash. We have no other liability, monetary or otherwise, for any such loss. The limits in Section 14 apply to any claim that nevertheless arises.

9.6 No reliance on the Service for backup

You acknowledge that the Service is not a backup product, an archival service or a system of record. Snapshots, backups and redundant storage features are operational tools provided for convenience and may be unavailable, modified, paused or removed at any time. You are not entitled to rely on any retention period, snapshot count, backup schedule or recovery point we have published, configured or implied.

9.7 Waiver and release of data-loss claims

To the maximum extent permitted by applicable law, you irrevocably waive, release and discharge Krova and its affiliates, directors, officers, employees, agents, licensors, suppliers and service providers from any and all claims, demands, damages, losses, liabilities, costs and expenses (whether known or unknown, present or future) arising out of or relating to any loss, deletion, corruption, unavailability, alteration, exposure or inaccessibility of Customer Content. This waiver applies whether the claim is based in contract, tort (including negligence), strict liability, statute or any other legal theory, and is in addition to (and does not limit) the disclaimers in Section 13 and the liability limits in Section 14.

Our handling of personal data is described in our Privacy Policy. If your use of the Service involves processing personal data of your end users, you act as the controller (or equivalent) of that data and we act as your processor (or equivalent); you must have a lawful basis for that processing, must inform your end users as required by law, and must enter into any data-processing addendum we make available where one is required.

The Service, the Krova brand, our software, documentation and all related intellectual-property rights are and remain the property of Krova or our licensors. Subject to your ongoing compliance with the Agreement and payment of all fees due, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Service in accordance with the Agreement. No other rights are granted by implication, estoppel or otherwise. All rights not expressly granted are reserved.

You may not, and must not permit any third party to: (a) reverse-engineer, decompile, disassemble, decrypt or attempt to derive the source code of any non-open-source component of the Service, except to the extent that applicable law expressly permits this notwithstanding contractual restriction; (b) copy, modify, create derivative works of, sublicense, resell, distribute or otherwise commercially exploit the Service; (c) use the Service to build a competing product or service; (d) remove or obscure proprietary notices; or (e) use the Service in violation of these Terms, the AUP or applicable law.

If you send us feedback, suggestions, ideas, error reports or other information about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable licence to use, exploit, modify and incorporate that feedback for any purpose, commercial or otherwise, without obligation, attribution or compensation to you.

To the maximum extent permitted by applicable law, the Service is provided “AS IS” and “AS AVAILABLE”, with all faults and without warranties of any kind, whether express, implied, statutory or otherwise. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, system integration, uninterrupted operation, freedom from errors, viruses or harmful components, and any warranties arising from a course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, that access will be uninterrupted, secure or error-free, that defects will be corrected, that any data will be retained or recoverable, or that any results obtained from the Service will be accurate or reliable.

Any third-party services, software or content accessed through or integrated with the Service (including payment, networking, DNS, email, analytics and storage providers) are provided by those third parties under their own terms. We make no representations or warranties about, and accept no responsibility or liability for, any third-party service or its availability, performance or security.

To the maximum extent permitted by applicable law, in no event shall Krova, its affiliates, directors, officers, employees, agents, licensors, suppliers or service providers be liable for any indirect, incidental, special, consequential, exemplary, punitive or enhanced damages, or for any loss of profits, revenue, savings, business, goodwill, anticipated savings, contracts, customers, opportunities, data, content or use of data, in each case whether direct or indirect and regardless of the cause of action and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Agreement, the Service or your use of the Service, whether in contract, tort (including negligence), strict liability, statute or any other theory of liability, is limited to the lesser of (a) the total amounts actually paid by you to us for the Service in the three (3) months immediately preceding the first event giving rise to the claim, and (b) USD 100. Multiple claims do not enlarge this limit.

You acknowledge and agree that the disclaimers and limitations in Sections 13 and 14 are a fundamental basis of the Agreement and of the pricing of the Service, and that without them the Service would not be offered to you at the prices charged.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or gross negligence or wilful misconduct where the law does not permit exclusion.

You agree to defend, indemnify and hold harmless Krova and its affiliates, directors, officers, employees, agents, licensors, suppliers and service providers (the “Indemnified Parties”) from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your Customer Content; (b) your use of the Service in violation of the Agreement, the AUP or any applicable law; (c) your violation of any third-party right, including any intellectual-property, publicity, privacy or data-protection right; (d) any act or omission of your end users, employees, contractors or invitees in connection with the Service; or (e) any chargeback, payment reversal or unpaid amount under your account. We may, at our option, assume the exclusive defence and control of any matter subject to indemnification by you, in which case you will fully cooperate with us. You may not settle any claim that affects an Indemnified Party without that Indemnified Party's prior written consent.

We are not liable for any delay, failure to perform or interruption of the Service caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, epidemic, war, terrorism, civil disturbance, labour dispute, governmental action, sanctions, embargoes, changes in law, network or telecommunications failures, internet outages, third-party provider failures, denial-of-service attacks, security incidents, hardware shortages, supply-chain disruption, power failures, or other events of force majeure. Our obligations under the Agreement are suspended for as long as the event continues.

We may update these Terms (and any policy incorporated into them) at any time in our sole discretion. The updated Terms take effect on the date we post them or on such later effective date as we specify. We will use reasonable efforts to notify you of material changes — for example, by email, an in-product notice or a banner on our website — but we have no obligation to give any specific period of notice and no failure to notify makes a change inapplicable. Your continued access to or use of the Service on or after the effective date of any updated Terms constitutes your binding acceptance of those Terms. If you do not agree to any update, you must stop using the Service before the effective date and may terminate your account.

18.1 Governing law and forum

The Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) are governed by the laws applicable at our principal place of business from time to time, without regard to conflict-of-law rules. Subject to Section 18.2, you and we agree that any dispute or claim must be brought exclusively before a court of competent jurisdiction at our principal place of business, and you irrevocably submit to that jurisdiction and venue and waive any objection based on inconvenient forum. Nothing in this paragraph limits any non-waivable right you may have under applicable consumer-protection law to bring proceedings in the courts of your place of residence or under the law of your residence.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

18.3 Consumer rights

Where applicable consumer-protection law gives you a non-waivable right to bring proceedings in the courts of your place of residence or under the law of your residence, nothing in this Section 18 limits that right.

18.4 Time limit

To the maximum extent permitted by applicable law, any dispute, claim or cause of action arising out of or relating to the Agreement or the Service must be brought within one (1) year after it arises, or it is permanently barred.

You represent and warrant that you are not (and you are not owned, controlled by, or acting on behalf of any person who is) located in, ordinarily resident in, or organised under the laws of any country or region subject to comprehensive sanctions, and that you are not on any sanctions, denied-party or restricted- party list maintained by any government with jurisdiction over us. You will not use the Service in violation of any applicable export-control, sanctions, anti-corruption or anti-money- laundering law.

Entire agreement. The Agreement constitutes the entire agreement between you and us regarding the Service and supersedes any prior agreements, proposals, representations, marketing materials and communications on the same subject.

Order of precedence. If there is any conflict between these Terms and any other document that forms part of the Agreement, these Terms prevail unless the other document expressly states otherwise and is signed by an authorised representative of Krova.

No reliance. You confirm that, in agreeing to the Agreement, you have not relied on any statement, representation, warranty or assurance other than those expressly set out in the Agreement, and you waive any claim for innocent or negligent misrepresentation based on any statement outside it.

Severability. If any provision of the Agreement is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in full force and effect.

No waiver. Our failure or delay to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign, transfer or delegate the Agreement or any rights or obligations under it, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in breach of this section is void. We may freely assign or transfer the Agreement (in whole or in part), including in connection with a merger, acquisition, reorganisation, financing or sale of assets.

Independent contractors. The parties are independent contractors. The Agreement does not create any partnership, joint venture, employment, fiduciary or agency relationship.

No third-party beneficiaries. The Agreement does not confer any right or remedy on any person other than you and us, except that the Indemnified Parties may rely on Section 15 and the disclaimers and limits in Sections 13 and 14.

Notices. We may give you notice by email to the address associated with your account, by an in-product notice or by posting on our website. Notices to us must be sent to [email protected].

Headings. Section headings are for convenience only and do not affect interpretation.

Questions about these Terms — or any other contact — should go to [email protected].

Krova · krova.cloud