INTRODUCTION
These Terms of Use (the “Terms”, “Agreement”) constitute an agreement between you and the Company, governing your access to the Website and using the Services.
By accepting these Terms, either by entering, visiting the Website and/or registering an Account in order to access or use the Services, you acknowledge that you understand, accept and agree to be bound by these Terms as well as our Privacy Policy, Cookie Policy and Acceptable Use Policy that are incorporated into these Terms by reference.
We retain the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Please refer to our Privacy Policy and Cookie Policy for information on how we collect, use and disclose information from Users.
DEFINITIONS
In these Terms:
Account means account on the Website containing User’s information and created by User in order to access the Services.
Authorized User means each of User’s employees, agents, and independent contractors are provided by User with access to the Services via email.
Confidential Information refers to any non-public information disclosed by one party to the other in relation to the Services, whether written, oral, electronic, or otherwise, including but not limited to business operations, technical data, financial information, trade secrets, and proprietary materials.
Intellectual property rights refer to all patents, trademarks, copyrights, trade secrets, design rights, domain names, know-how, methodologies, and any other proprietary rights recognized under any applicable jurisdiction, whether registered or unregistered.
Prohibited Jurisdictions means Russia, Belarus, Democratic People’s Republic of Korea, Iran, Myanmar, Syria, Central African Republic, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iraq, Lebanon, Libya, Mali, Somalia, South Sudan, Sudan, Yemen and any jurisdiction where provision of the Services is prohibited due to UK, EU or international sanctions.
Services means services offered as described on the Website and accessed via Account.
You, User means the person visiting the Website and/or using the Services.
User Content refers to any data, files, code, software, images, videos, audio, documents, or any other materials that you, your Authorized Users or end users submit, upload, store, transmit, or otherwise make available through the Services.
We, us, the Companymeans NOVPS CLOUD LTD., a company incorporated under the laws of United Kingdom, company number 15825704, registered office address: Stoney Works, 8 Stoney Lane, London, England, SE19 3BD
Website means any webpage, including but not limited to URL: https://granite.so, https://dashboard.granite.so
REPRESENTATIONS AND WARRANTIES
By accepting these Terms, you:
- confirm that you comply with all criteria for using the Services;
- confirm that you have read these Terms;
- commit to be bound by these Terms;
- agree and acknowledge that any and all actions performed by using Services shall be valid and causing the same legal effects as the actions formalized by a paper document signed by you;
- confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact to fulfilment of your obligations to us, partners and/or of any circumstances that are material for the performance of these Terms e.g. your name, email address, etc.
- confirm that your use of Services does not violate any applicable laws or regulations of any jurisdiction that applies to you.
By accepting these Terms, you represent and warrant that all of the above is true and accurate on the day of acceptance of these Terms and shall remain true and accurate until you cease to use the Services.
For the avoidance of doubt, representations and warranties are personal statements or assurances given by you that we will rely on when we allow you to use the Services.
ACCOUNT
You are required to register an Account in order to access and use the Services. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy. Providing false, inaccurate, or incomplete information may result in the suspension or termination of your Account.
By registering an Account, you agree to receive all communications at the email address provided by you.
You must not create an Account with false information, on behalf of another person or entity without proper authorization, or if you have been previously banned or removed by the Company.
By registering an Account you represent and warrant that you are not resident of the Prohibited Jurisdictions, and you not intend to use the services in connection with any of the Prohibited Jurisdictions.
The Website and the Services are intended only for individuals (natural persons) who are at least 18 years of age or the age of majority and full legal capacity to enter into such Agreements in jurisdiction of your residence. By accessing the Website or registering an Account to use the Services, you warrant and acknowledge that you meet these age and legal capacity requirements.
If you access the Website and/or use the Services on behalf of a business entity or organization, you affirm and guarantee that you possess the legal authority and capacity to bind that entity or organization. Should you lack such authority or legal recognition, you will be solely and personally responsible for all obligations set forth in these Terms.
You further acknowledge that only you and your Authorized Users will use your Account to access the Services. You must not sell, transform or assign your Account to anyone else.
Upon registration, you will set a login (email) and password, which you are fully responsible for maintaining. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your Account, and to not share your Account credentials with any third party or allow anyone else to log into our Services as you.
You are responsible for all activities that occur under your Account.
If you believe that your Account is no longer secure, you agree to notify us immediately.
The Company will not be liable for any loss or damage arising from your failure to comply with this Section.
INTELLECTUAL PROPERTY
The Website and software underlying the Service, including all associated proprietary elements, such as design, features, software, and overall look-and-feel of the Website, are and shall remain the sole property of the Company. Nothing in these Terms shall be construed as transferring ownership or granting any Intellectual property rights beyond those explicitly provided herein.
The Company acknowledges that it does not claim ownership over any User Content provided by you. However, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, create derivative works, display, perform, and transmit your content solely for the purpose of delivering and improving the Services provided under these Terms.
In the course of providing the Services, the Company may, at its sole discretion, provide you with certain materials, including but not limited to software, documentation, data, domain names, email addresses, and other related assets. Subject to compliance with these Terms, the Company grants you a limited, non-transferable, non-exclusive, and revocable license to use such materials solely for the intended purpose of utilizing the Services.
The Services offered by the Company are intended for lawful purposes only, and any unauthorized or unlawful use is strictly prohibited.
Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website and software underlying the Service, in whole or in part, except that the foregoing does not apply to the User Content that you legally upload.
In connection with your visit the Website and/or use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If you are blocked by the Company from accessing the Website and/or the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
The technology and software underlying the Service or distributed in connection therewith are the property of the Company, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any intellectual property right in this software. Any rights not expressly granted herein are reserved by the Company or our affiliates and our partners.
The Company name and logos are trademarks and service marks of the Company and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on the Website, without our prior written permission in each instance.
SERVICES
Upon registering an Account, you may manage, activate, deactivate and configure various Services based on your needs, including, but not limited to:
- Running applications in the cloud
- Storing files in the cloud
- Managing data in a cloud-based database
- Utilizing a code repository storage solution
The availability and provision of these Services are subject to the Company's approval.
Additional services can be enabled at any time, with applicable fees charged as per the current pricing.
All Services are subject to these Terms and remain available only as long as you comply with them.
You may provide access to the Services to Authorized Users while remaining responsible for any of their actions as if they were your own.
SUBSCRIPTIONS
The Services provided are on a subscription basis and not sold outright.
Your subscription begins upon the Company's confirmation and successful internal Account balance top up.
The term of the subscription is determined by you at the time of activation of specific Service and last as long as your internal Account balance covers the applicable fees.
You may cancel your subscription at any time. If you have unused funds on the internal Account balance, you may claim a refund.
FEES AND PAYMENTS
By activating Services, you committed to pay all applicable fees as they become due, including subscription fees, taxes, and any additional costs arising from overdue payments.
All service usage is billed based on a pay-as-you-go model via internal Account balance top-ups, which can be done through credit/debit cards or cryptocurrency. Pricing is applied as follows:
- Cloud applications and databases are billed on an hourly basis.
- Scheduled tasks (cron jobs) are billed per minute of execution.
- File storage includes a base subscription fee, with additional charges based on usage beyond the included storage capacity.
- Code repository includes a base subscription fee, with additional charges based on usage beyond the included limits.
The detailed pricing is available at https://docs.novps.io/articles/2-pricing.
The Company reserves the right to update pricing at any time with at least 3 (three) days notice. Continued use of Services implies acceptance of these updates.
Fees for services are deducted from your internal Account balance at the beginning of each month for the previous month’s usage. It is your responsibility to ensure that sufficient funds are available in your internal Account balance to cover the fees.
You have the option to configure recurring payments to automatically top up your internal Account using available payment methods. You must provide a valid payment method, and by doing so, you authorize the Company to charge your account at regular intervals.
If payment is not received on time or cannot be processed or internal Account balance is not sufficient to cover the fees, the Company reserves the right to suspend or terminate your subscriptions.
Third-party payment processors may impose additional terms and conditions. The Company is not liable for any additional fees incurred due to your payment method.
You bear all costs related to refund processing.
You are responsible for any applicable taxes related to your use of the Services.
Any amounts not paid when due shall bear interest at the rate of 1.5% (one and one-half percent) per month, or the maximum legal rate if less.
Discount codes and coupons offered by the Company are applicable only to first-time Users and must be applied at the time of initial purchase.
CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any information disclosed by the other party that is designated as confidential or would reasonably be considered confidential under the circumstances.
You agree not to disclose, disseminate, or otherwise make available the Company's Confidential Information to any third party without prior written consent, and to use such information solely for the purpose of receiving and utilizing the Services.
Confidential Information does not include information that:
- Is or becomes publicly available without breach of these Terms;
- Is rightfully received from a third party without restriction;
- Is independently developed without reference to the disclosed Confidential Information;
- Is required to be disclosed by law or regulatory authority, provided the disclosing party gives prior notice to the extent legally permissible.
Upon termination of your use of the Services, you shall promptly return or destroy all Confidential Information received from the Company and certify such destruction upon request.
Both parties acknowledge that unauthorized disclosure of Confidential Information may result in irreparable harm, entitling the disclosing party to seek injunctive relief in addition to other remedies available at law or in equity.
USER CONTENT
You are solely responsible for all User Content that you, Authorized Users or end users submit, upload, store, or otherwise make available through the Services.
You must ensure that User Content does not infringe on copyrights, trademarks, or any other proprietary rights without obtaining the necessary permissions from the rightful owner.
You bear full liability for any infringement, contract violations, or legal claims arising from User Content.
The Company does not monitor User Content; however, exceptional cases it reserves the right to review and disclose User Content when required by law, regulatory authorities, or to protect its network and users.
Complaints related to third-party rights or policy violations will be investigated, and appropriate actions, including filtering or User Content removal, may be taken. The Company also cooperates with law enforcement and reserves the right to report illegal activities.
You acknowledge that the Company shall not be liable for any actions taken to remove or restrict access to User Content that violates its policies or applicable laws.
The Company enforces a strict policy against any illegal content. This includes, but is not limited to, content related to child exploitation, human trafficking, terrorism, drug-related activities, illegal gambling, hate speech, and any other content that violates applicable laws or promotes harm, violence, or criminal activity. Any content involving child pornography or the exploitation of minors will result in immediate removal and termination of the associated account, with notification to law enforcement authorities. The Company reserves the right to take immediate action against accounts found to be engaging in or facilitating any form of illegal activity, including reporting to relevant authorities and cooperating fully in investigations.
The Company acts as an intermediary hosting provider and is not responsible for any content published through its Services. The Company is not liable for any User Content, including potentially defamatory or privacy-violating material posted by you or third parties.
In addition to the licensing terms mentioned above, you grant other users permission to access, share, and utilize content that you make publicly available through the Services.
10.10.Please refer to our Acceptable Use Policy for further guidance on content compliance and infringement matters.
10.11.You are responsible for securing your sites, domains, and content hosted through the Services, including implementing necessary security updates, software patches, and managing customer data.
THIRD PARTY CONTENT AND WEBSITES
The Website may contain User content provided by other users of the Services. The Company shall not be responsible for and does not control such content. The Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to such content.
Your use of other users’ content, following other users’ advice and any interaction with other users shall be solely at your own risk. You agree that the Company will not be responsible for any liability incurred as the result of any such interactions.
The Website may provide, or third parties may provide, links or other access to other websites and resources on the Internet. The Company has no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources.
You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource.
Any dealings you have with third parties found while accessing the Website or using the Services are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party. Check the terms of use, privacy policies, and security practices of these external sites and resources to ensure they align with your preferences and expectations.
SUSPENSION AND TERMINATION
The Company reserves the right to terminate your subscription and access to Services anytime at its sole discretion, with or without cause.
The Company may immediately terminate your subscription if, in its sole judgment, it determines that you have:
- Infringed or violated Intellectual property rights, privacy, or publicity rights of third parties;
- Failed to comply with applicable laws, regulations, or statutes;
- Uploaded, published, or distributed any content deemed illegal, harmful, or high-risk by the Company;
- Engaged in activities that could be harmful to the Company, its reputation and the Services it provides;
- Breached any provisions outlined in these Terms.
If your subscription is terminated due to the previous provision, you will remain liable for any outstanding fees accrued up to the termination date.
Upon termination of your subscription, your access to the Services and any associated materials will be revoked. The Company shall bear no liability to you or any third party for the termination of services as permitted under these Terms. You are solely responsible for securing any necessary backups before termination becomes effective.
You acknowledge and accept that temporary service interruptions may occur, and the Company shall not be held liable for any resulting inconvenience or loss.
Service access may be temporarily suspended for scheduled or emergency maintenance, system updates, or any other changes, informing the you appropriately, notwithstanding any uptime guarantees.
The Company will make reasonable efforts to provide prior notice of any scheduled maintenance activities to minimize service disruption; however, advance notice is not guaranteed in cases of emergency maintenance or unforeseen technical issues.
Within the limits of the law, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw User Content in accordance with applicable law.
Additionally, the Services might not be available due to reasons outside the Company's reasonable control, such as "force majeure" (see Force Major Provision).
DISCLAIMER
THE WEBSITE AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE AND THE SERVICES.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
VISITING THE WEBSITE AND USING THE SERVICES OFFERED BY THE COMPANY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE COMPANY’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED EURO 100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION
You will indemnify, defend and hold harmless the Company, and its directors, officers, employees, subsidiaries, affiliates or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by you in the performance of your obligations under this Agreement.
The Company reserves the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and you agree to cooperate with our defence in such claims. You agree not to settle any matter without the prior written consent of the Company.
GOVERNING LAW AND DISPUTE RESOLUTION
By agreeing to the Terms you agree that you are required to resolve any claim that you may have against us on an individual basis in the courts of the England. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to the Website or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by the courts of England. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
These Terms and your access to the Website and use of the Services will be governed by and construed in accordance with the laws of England and Wales.
MISCELLANEOUS
Amendments. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive any other specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued access to the Website and/or use of the Services after the date such revised Terms of Use are posted.
Entire agreement. These Terms of Use and any policies or rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
Force majeure. We will not be in breach of these Terms of Use or liable for any delay or failure to perform any obligation under these Terms of Use where the delay or failure results from any event, circumstance or cause beyond our reasonable control. The parties agree that circumstances constituting force majeure shall include, but are not limited to, hacker attacks, market disturbances, changes in laws or regulations, adverse regulatory or enforcement actions by public authorities, technical failures, strikes, internet unavailability and other unforeseen events beyond the reasonable control of the party.
No partnership. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Services.
Notices. All notices or other communications required or permitted under this Agreement will be in writing to the other party. Notices to the Company must be sent via email to hello@granite.so. Notices to User must be sent to the email address tied to Account. Either party may change its email address for receipt of notice by giving notice of such change to the other party.
Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Use without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.
No waiver. Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
CONTACT US
You shall send any notices pursuant to these Terms, the Website and the Services to the following email: hello@granite.so