Terms of Service

Pinkerver ("the Service", "we", "us", "our") provides a server management platform that enables users to deploy, configure, and manage web servers running Ubuntu and Debian operating systems. The Service includes a control panel application, associated agent software, a web-based management interface, and related documentation.

By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that you meet this age requirement.

You are responsible for all content posted and activity that occurs under your account, including content posted by others who have access to your servers through the Service.

You must notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to violate any applicable local, state, national, or international law or regulation.
• Use the Service to distribute malware, spam, or any other malicious content.
• Attempt to gain unauthorized access to other users' accounts, servers, or data.
• Use the Service in a manner that could disable, overburden, or impair the Service or interfere with any other party's use.
• Reverse engineer, decompile, or disassemble any portion of the Service software beyond what is permitted by applicable law.
• Redistribute, sublicense, or resell the Service without explicit written permission.

Certain features of the Service require a paid subscription ("Pro Plan"). By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page.

Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as required by applicable law or as explicitly stated in these Terms.

We use Stripe as our payment processor. By providing your payment information, you authorize us to charge your payment method for the applicable fees. Your payment information is processed and stored securely by Stripe in accordance with their terms of service and privacy policy.

We reserve the right to change our pricing at any time. Any price changes will be communicated to existing subscribers at least 30 days before they take effect.

The Free Plan provides limited access to the Service with restrictions on the number of domains, databases, and other resources. Free Plan features and limits are subject to change at our discretion.

The Beta Program provides early access to Pro features in exchange for participating in our telemetry program. Beta Program participants receive Pro-level features at no cost until the program end date. The Beta Program may be modified or terminated at any time with reasonable notice.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access to paid features until that date.

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms. In the event of termination for cause, you will not be entitled to a refund of any prepaid fees.

Upon cancellation, your account will be downgraded to the Free Plan. Your data will be retained for 30 days, after which it may be permanently deleted.

The Service, including all associated software, documentation, designs, and trademarks, is owned by Pinkerver and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

You retain all rights to your data and content. By using the Service, you grant us a limited license to access your servers solely for the purpose of providing the Service.

Feedback, suggestions, and feature requests you submit may be used by us without obligation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL PINKERVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You acknowledge that the Service manages server configurations and that you are solely responsible for maintaining backups of your data and server configurations. We are not liable for data loss, server downtime, or configuration errors resulting from your use of the Service.

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation, and if necessary, binding arbitration.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If you have any questions about these Terms, please contact us at support@pinkontin.com.