Terms of Service

1. Acceptance of Terms

By accessing or using Chita Cloud services ("Service"), you agree to be bound by these Terms of Service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These Terms constitute a legally binding agreement between you and Chita Cloud ("we", "us", "our").

2. Service Description

Chita Cloud provides cloud deployment services for Go, Python, Node.js, TypeScript, and Docker applications with integrated PostgreSQL database and monitoring. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

Service Availability: While we strive to provide reliable service, we do not guarantee uninterrupted or error-free operation. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

3. Service Level Agreement and Limitations

Target Performance Metrics: We aim to provide the following service levels as targets, not guarantees:

• Target 99.9% uptime (excluding scheduled maintenance)
• Database response time target under 5ms
• Cold start performance target under 80ms for Go applications
• Build and deployment time target under 2 minutes

IMPORTANT: These metrics are targets, not guarantees. We are not liable for any service interruptions, downtime, data loss, or performance degradation caused by factors including but not limited to: infrastructure failures, network issues, DDoS attacks, third-party service failures, force majeure events, scheduled or emergency maintenance, or any other causes beyond our reasonable control.

No SLA Credits: We do not provide service level agreement credits or refunds for downtime or performance issues unless required by applicable law.

4. User Responsibilities and Obligations

You are solely and exclusively responsible for:

• All application code, configurations, and deployments
• Creating and maintaining your own data backups (we do not guarantee data backup or recovery)
• Compliance with all applicable laws, regulations, and data protection requirements
• Appropriate and lawful use of resources
• Security of your account credentials and API keys
• All content uploaded, stored, or transmitted through the Service
• Any damages, losses, or liabilities arising from your use of the Service

Prohibited Uses: You agree NOT to:

• Use the Service for any illegal, fraudulent, or harmful activities
• Violate any intellectual property rights
• Attempt to gain unauthorized access to our systems or other users' data
• Deploy malware, viruses, or malicious code
• Engage in cryptocurrency mining without written authorization
• Use the Service to spam, phish, or send unsolicited communications
• Exceed reasonable resource limits or attempt to abuse the Service

5. Pricing, Billing, and Price Changes

Current Pricing: All current pricing is available on our pricing page. Prices are quoted in Euros (€) unless otherwise specified.

• Monthly billing cycle starting from activation date
• Payments are non-refundable except as required by law
• All fees are exclusive of applicable taxes, which you are responsible for
• Failed payments may result in immediate service suspension

Price Changes: We reserve the right to change our pricing at any time. Price changes will be communicated with at least 30 days' notice via email to your registered account. Continued use of the Service after the effective date of the price change constitutes acceptance of the new pricing. If you do not agree with the new pricing, you must cancel your account before the effective date.

Payment Terms: Payment is due in advance. We may suspend or terminate your access immediately upon non-payment. You are responsible for all charges incurred until cancellation is effective.

No Refunds: All fees are non-refundable except where required by applicable consumer protection laws. We do not provide pro-rated refunds for partial month usage.

6. Data Handling and Privacy

We handle your data according to our Privacy Policy and in compliance with the General Data Protection Regulation (GDPR). However:

• You are solely responsible for maintaining backups of your data
• We do not guarantee data backup, recovery, or preservation beyond legal requirements
• Data loss may occur due to system failures, and we are not liable for such losses except as required by law
• You grant us the right to access your data as necessary to provide the Service

GDPR Rights: You have the following rights under GDPR:

• Right to Data Portability (Art. 20): You may request your data in a structured, commonly used format
• Right to Erasure (Art. 17): You may request deletion of your personal data ("right to be forgotten")
• Right to Access (Art. 15): You may request access to your personal data we hold

Data Retention Upon Termination:

• All Users: You have 30 days from termination to export your data in a structured format. We guarantee access to data export functionality during this period.
• After 30 Days: We may permanently delete your data. We recommend maintaining your own backups.
• Immediate Deletion: You may request immediate deletion of your data at any time by contacting hello@chitacloud.com (GDPR Art. 17).

7. Limitation of Liability and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED:

• NO WARRANTIES: The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
• MAXIMUM LIABILITY (Business Users): Our total liability to Business Users for all claims arising from or related to the Service shall not exceed the amount you paid us in the 3 months immediately preceding the event giving rise to liability, or €100, whichever is less.
• MAXIMUM LIABILITY (Consumers): Our total liability to Consumer Users shall not exceed the amount you paid us in the 12 months immediately preceding the event giving rise to liability, subject to mandatory consumer protection laws of your jurisdiction.
• NO CONSEQUENTIAL DAMAGES: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages, except where prohibited by applicable consumer protection law.
• NO LIABILITY FOR: System failures, data loss, security breaches, service interruptions, errors, bugs, downtime, performance issues, third-party services, force majeure events, or any other causes beyond our reasonable control.

Consumer Rights: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, particularly for consumers. In such cases, our liability shall be limited to the maximum extent permitted by applicable law, and nothing in these Terms affects your statutory rights as a consumer.

8. Account Suspension and Termination

Your Right to Cancel: You may cancel your account at any time by providing written notice. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial months except as required by applicable consumer protection law.

Our Right to Suspend or Terminate (Business Users): For Business Users, we reserve the right to suspend or terminate your account immediately, with or without notice, for any reason including but not limited to:

• Violation of these Terms of Service
• Non-payment or failed payment
• Suspected fraudulent or illegal activity
• Excessive resource usage or abuse of the Service
• Security concerns or threats to our infrastructure
• Inactivity for extended periods
• Any conduct we determine, in our sole discretion, to be harmful to the Service or other users

Our Right to Suspend or Terminate (Consumer Users): For Consumer Users, we may suspend or terminate your account with 30 days' notice, or immediately in the following cases:

• Material violation of these Terms of Service
• Non-payment after reasonable notice period
• Fraudulent or illegal activity
• Abuse of the Service that threatens our infrastructure or other users
• As required by law or court order

Effect of Termination: Upon termination:

• All access to the Service will be revoked
• You have 30 days to export your data (see Section 6 - Data Handling)
• You remain liable for all fees accrued until the effective termination date
• All licenses granted to you under these Terms will cease

Data Export: All users have 30 days from termination to export their data. See Section 6 (Data Handling and Privacy) for complete details on data retention and GDPR rights.

9. Modifications to Terms

For Business Users: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

For Consumer Users: We will notify you of material changes to these Terms via email to your registered email address at least 30 days before the changes take effect. The modified Terms will become effective 30 days after notification. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree with the changes, you may terminate your account before the effective date without penalty.

Current Version: The current version of these Terms will always be available on our website with the last updated date clearly indicated.

10. Intellectual Property

Our Property: All intellectual property rights in the Service, including but not limited to software, trademarks, logos, designs, and documentation, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your internal business purposes.

Your Content: You retain ownership of your application code and data. However, by using the Service, you grant us a worldwide, non-exclusive license to use, reproduce, store, and transmit your content solely as necessary to provide the Service.

Feedback: Any suggestions, ideas, or feedback you provide to us regarding the Service shall become our exclusive property, and we may use it without any obligation or compensation to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Chita Cloud, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your content or applications deployed through the Service
• Any harm or damage caused by your applications to end users or third parties
• Your violation of any applicable laws or regulations

12. Third-Party Services and Dependencies

The Service may rely on or integrate with third-party services, libraries, or infrastructure. We are not responsible for:

• Availability, performance, or security of third-party services
• Changes to third-party APIs, services, or pricing
• Data breaches or security issues in third-party systems
• Compatibility issues with third-party software or services

You acknowledge that we may change, remove, or replace third-party dependencies at any time, which may affect the functionality of your applications.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemics, strikes, internet service provider failures, power outages, or failures of third-party hosting or cloud infrastructure providers.

14. Dispute Resolution and Governing Law

For Business Users:

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
• Exclusive Jurisdiction: You agree that any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

For Consumer Users:

• Governing Law: These Terms shall be governed by the laws of Spain, without prejudice to the mandatory consumer protection laws of your country of residence within the European Union.
• Jurisdiction: As a consumer within the EU, you may bring legal proceedings in the courts of your country of residence or in Madrid, Spain. We may only bring proceedings against you in the courts of your country of residence.
• Your Consumer Rights: Nothing in these Terms affects your statutory rights as a consumer under applicable EU consumer protection legislation, including Directive 93/13/EEC (Unfair Contract Terms) and Directive 2011/83/EU (Consumer Rights).

Informal Resolution: Before filing any formal legal action, we encourage you to attempt to resolve any dispute informally by contacting us at hello@chitacloud.com. We will attempt to resolve disputes within 30 days.

15. Severability and Waiver

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chita Cloud regarding the Service and supersede all prior agreements, understandings, or representations, whether written or oral.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Email: hello@chitacloud.com