Terms & Conditions

These Terms of Service ("Terms", "ToS") govern your access to and use of FlexiCloud's websites, hosting and compute services (the "Services"). By signing up for or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms work alongside our Privacy Policy, which explains how we handle your personal data. Terms used here have the same meaning as in that policy unless defined otherwise.

Payments and refund

All payments are made in advance. You will receive an email when a payment is due, and can pay through our billing system by card, UPI, netbanking, NEFT or bank transfer.

Listed fees do not include applicable taxes. Any applicable GST, cess or other taxes will be added to your invoice as a separate charge. All fees are non-refundable once paid unless otherwise stated in these Terms.

If a payment is not made by its due date, we may levy a late fee of 10% of the invoice amount and suspend the Service. A suspended account can be reinstated only after all outstanding dues and late fees are paid, within a reasonable time at our discretion. Non-payment for two consecutive months will result in cancellation of the Service and deletion of the associated data.

Refund

We offer a 30-day money-back guarantee to new customers on shared hosting and monthly managed cloud plans, if you are not satisfied with the Service. This applies to first-time accounts only. If you have or have had an account with us, a further account is not treated as a new-customer account and is not eligible for new-customer offers or refunds. If your account is terminated for a violation of these Terms, you are not eligible for a refund.

Refund eligibility and exclusions

• Only first-time accounts are eligible for the money-back guarantee.
• GPU compute and any service sold on a fixed term or minimum commitment (see "GPU compute" below) are not covered by the 30-day guarantee. Committed terms are billed for the full term.
• Dedicated resources, administrative fees, and installation fees for custom software are non-refundable.
• Domain name purchases are non-refundable. If a domain was ordered with a hosting package, any refund is issued after deducting the domain charge at market or purchase value, whichever is higher.
• Refunds on promotional offers, discounted sales and bundles are at our sole discretion.

The Services

In exchange for the fees you pay in advance, FlexiCloud provides the Services described for the plan you select at signup, subject to these Terms and any other agreement relating to the Services. We offer:

• Managed cloud hosting on third-party cloud providers (DigitalOcean, Vultr, Hetzner and Linode), where we provision, tune, secure, patch and monitor the server on the cloud you choose.
• Shared hosting administered through the Webuzo control panel, for smaller websites.
• GPU compute - dedicated bare-metal GPU nodes for AI training and inference.

Where the Services run on a third-party cloud provider's infrastructure, that provider's own terms may also apply to the underlying resources.

GPU compute

GPU compute is sold as dedicated, single-tenant bare-metal nodes on a minimum term (currently six months) and priced per GPU-hour. For these Services:

• The minimum order is one node, and the minimum commitment is the stated term. The committed term is billed in full and is not covered by the 30-day money-back guarantee.
• FlexiCloud delivers the node as bare metal with network access and keeps the hardware running - monitoring, failure handling and support - for the term. You are responsible for the software you run on it, including the operating system, drivers, libraries and orchestration.
• Availability is confirmed per region before an order is accepted. Final pricing depends on region, term length and the number of nodes, and is confirmed in writing before you commit.

Backup policy

We take automated backups of managed cloud and shared hosting accounts and retain them for a rolling recent period, which you can restore through your control panel or by contacting support. Backups are provided as a convenience and not as a guarantee. Like any storage system, backups can fail, and some large files may be excluded.

You remain responsible for maintaining your own independent backups of your content. FlexiCloud is not liable for loss or corruption of your content, or for any interruption caused by it. We strongly recommend you keep an additional copy of your website and data outside our systems.

Acceptable usage policy

FlexiCloud maintains a high standard of service that many customers depend on. We will not provide Services to anyone using them for:

• Hacking, including penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans and credit-card "phishing" are prohibited.
• Hosting files or data that infringe another's copyright or intellectual property rights.
• Spamming, or sending bulk unsolicited email, including maintaining an open SMTP relay. We may refuse or terminate service on reasonable indication of spamming of any kind.
• Content that violates another's privacy or publicity rights; hate speech; or content that is obscene, abusive, libelous or defamatory.
• Hosting, storing or distributing child sexual abuse material. Any such content is reported to the appropriate law-enforcement agencies and the account is suspended immediately without notice.
• Bulk file storage or backup not tied to an active hosting account.

All Services may be used for lawful purposes only. You agree to indemnify and hold FlexiCloud harmless from any claim resulting from your use of the Services. Prohibited material includes, without limitation: IRC bots, proxy scripts and anonymizers, pirated software or "warez", file-dump or mirror services, HYIP and investment-scheme sites, unlicensed sale of controlled substances, AutoSurf sites, lottery and gambling sites, hacking-focused archives or tools, IP scanners, brute-force programs, mail bombers and spam scripts. Forums or sites that distribute or link to warez are prohibited.

FlexiCloud systems and networks are provided for authorized customer use and may be monitored for lawful purposes, including security and management of the system. Use of the Services constitutes consent to such monitoring. We reserve the right to refuse service to anyone, and to remove or disable any material that, in our judgment, is illegal or violates these Terms, with or without notice.

You are responsible for the security of scripts and software installed under your account, for setting appropriate file permissions, and for using strong credentials. You are responsible for all activity under your account, including any compromise of your credentials. Failure to respond to our abuse team within 48 hours may result in suspension or termination. If in doubt about the acceptability of your site or service, contact us at [email protected].

Spam policy

We take a zero-tolerance stance on unsolicited email, bulk emailing and spam. "Safe lists" and "double opt-in" lists are treated as spam. Any account that sends spam may be terminated with or without notice. Sites advertised via spam ("spamvertised") may not be hosted with us, including spam sent by fax, email, instant messaging or newsgroups. Any account that causes our IP space to be blacklisted may be suspended or terminated immediately. We reserve the right to require changes to, or disable, any site, account or component that does not comply with our policies, and to charge a clean-up fee at our discretion for accounts used to send unsolicited email.

Intellectual property and DMCA

We respect the intellectual property of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act and applicable Indian law, including the Information Technology Act, 2000, we may suspend or terminate the accounts of users found to infringe copyright, and of repeat infringers.

If you believe your work has been copied in a way that constitutes infringement, please provide our copyright agent at [email protected] with: (1) a signature of the person authorized to act for the rights owner; (2) a description of the copyrighted work claimed to be infringed; (3) the location of the infringing material on the site; (4) your address, telephone number and email; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are, or are authorized to act for, the rights owner.

Service availability

We will endeavour to provide the Services 24 hours a day, 7 days a week for as long as you have paid for them. However, the Services may occasionally be unavailable due to equipment malfunction, maintenance or repairs, or causes beyond our control such as power failures, telecommunication failures, network attacks or traffic. Due to the nature of the technology, occasional unavailability cannot be entirely avoided, and we do not promise uninterrupted service.

Indemnification

If FlexiCloud is sued or threatened with a lawsuit by a third party because of your use of the Services, you agree to indemnify FlexiCloud: to reimburse any amount FlexiCloud pays to satisfy a judgment or settle the matter, together with FlexiCloud's reasonable legal fees and other costs.

Disclaimer of warranties

FLEXICLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEXICLOUD MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties, in which case the foregoing may not apply to you.

Limitation of liability

IN NO EVENT SHALL FLEXICLOUD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, ANY BREACH OF THESE TERMS, YOUR INABILITY TO USE THE SERVICES, OR YOUR LOSS OF DATA, EVEN IF FLEXICLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that our maximum aggregate liability shall not exceed the total amount you paid for the Services in dispute. Some jurisdictions do not allow such limitations, in which case our liability is limited to the fullest extent permitted by law.

Third-party services

The Services may run on, or integrate with, third-party products and services, including cloud infrastructure providers and GPU hardware partners. FlexiCloud assumes no responsibility or liability for third-party products and services, which may be governed by their own terms.

Data protection

Our handling of your personal data is described in our Privacy Policy. We process personal data in accordance with applicable Indian law, including the Digital Personal Data Protection Act, 2023.

Choice of law and disputes

These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Kochi, Kerala, India for all disputes arising out of or relating to these Terms or the Services.

Entire agreement

These Terms are the entire agreement regarding your use of the Services and supersede any prior or concurrent communications or agreements between you and FlexiCloud regarding the Services.

Changes to these Terms

As our business and the industry evolve, these Terms may change. We will post changes on this page and update the effective date. Your continued use of the Services after a change means you accept the updated Terms.

Contact

Questions about these Terms can be sent to [email protected]. Abuse and copyright notices should go to [email protected].