Terms and Conditions

1. Initial provisions

1.1 The Platform is a managed hosting service that builds, deploys and operates web applications, databases and static websites on infrastructure managed by the Provider.

1.2 The Platform is open to consumers, individual professionals (freelancers, developers, hobbyists) and businesses (B2C, B2P and B2B). Where the Customer qualifies as a consumer within the meaning of Directive 2011/83/EU or of the Andorran law on consumer protection, mandatory consumer-protection provisions apply in addition to, and prevail over, any conflicting provision of these Terms.

1.3 Right of withdrawal (consumers only). A Customer qualifying as a consumer has a right to withdraw from the Agreement within 14 days from acceptance of these Terms, without giving any reason, by writing to legal@tuploy.com. However, in accordance with Article 16(a) and 16(m) of Directive 2011/83/EU, the right of withdrawal is lost once the Provider has fully performed the service or has started to supply digital content, which the consumer expressly acknowledges by deploying any App, Database or Website or otherwise actively using the Platform during the withdrawal period. By actively using the Platform before the end of the 14-day window the consumer consents to immediate performance and waives the right of withdrawal.

1.4 If you register on behalf of a legal entity, you represent that you are authorized to bind that entity and "you" refers to that entity.

1.5 The Agreement becomes effective when you accept these Terms and remains in force until terminated in accordance with section 14.

2. Subject matter

2.1 The Provider grants the Customer access to the Platform so that the Customer can deploy and run Apps (containerized workloads), Databases (managed PostgreSQL, MySQL or MongoDB) and Websites (static sites).

2.2 The Provider may subcontract parts of the service (e.g. hosting infrastructure, payment processing). The Provider remains responsible for the performance of its subcontractors.

2.3 Service levels, resource limits, feature scope and availability may evolve over time. Material changes are notified with at least 15 days notice.

3. Account registration

3.1 To use the Platform you must create an account via email, Discord OAuth or Google OAuth. You may also obtain API keys or CLI tokens to interact with the Platform programmatically.

3.2 You must provide accurate information and keep it up to date.

3.3 You are responsible for safeguarding your credentials, API keys and CLI tokens. Any action performed through your account is deemed performed by you.

3.4 You must promptly notify the Provider of any unauthorized use at security@tuploy.com.

4. Services and plans

4.1 The Platform is offered on an à la carte basis. Each App, Database and Website is subscribed individually, with its own tier, resource allocation and applicable fee. There are no bundled packages.

4.2 The catalogue of tiers — including resource limits (RAM, CPU, storage, connections, backup retention, etc.), features and prices — is published in the Platform's dashboard and/or pricing page and forms part of these Terms by reference. The Provider may add, modify, rename, replace or retire tiers and adjust their resource limits, features or prices from time to time, subject to the notice obligations set out in sections 2.3 and 7.5.

4.3 The Platform is operated on a prepaid wallet basis: the Customer tops up a EUR wallet through the payment processor, metered Resources (Apps, Databases, pre-packaged Services) are billed per minute of use, and Subscriptions (Website, Domain) are debited in advance at creation and at each renewal. Upon completing registration (email verification, valid payment method and automated anti-abuse checks), new accounts receive €1 of welcome credit credited directly to the wallet. The welcome credit is not redeemable in cash, does not count towards the cumulative top-up figure that determines the Customer's level, and may be granted only once per person and per household. Every account additionally receives a free allowance of up to two (2) static Websites hosted on a platform subdomain ({name}.tuploy.com). These free allowances may be modified or discontinued at any time subject to the notice obligations in sections 2.3 and 7.5.

4.3.1 If the wallet balance reaches €0, all metered Resources of the Customer are paused immediately and enter a 7-day grace window during which a wallet top-up reactivates the Resources in place without data loss. If no top-up occurs within the 7-day window, the affected Resources and their data are permanently deleted. Subscriptions whose renewal has failed enter their own 7-day grace window under the same rules.

4.4 Service vs Project

For the purposes of these Terms, a "Service" (or "subscribed service") means any App, Database or Website tier that the Customer subscribes to through the Platform's payment processor, together with the associated resources and features defined in the corresponding tier. A "Project" is a logical unit to which one or more Services can be applied. When a Project is deleted, its Services are freed and can be re-assigned to another Project. A Service remains subscribed until it is cancelled in accordance with section 14.

5. Third-party services

5.1 In order to deliver the Platform, the Provider relies on a number of third-party vendors and upstream services — typically covering areas such as underlying infrastructure and networking, and payment processing. The specific set of vendors may change over time as the Platform evolves, and the Provider may update, replace or discontinue any such integration at its sole discretion without prior notice to the Customer.

5.2 The Customer understands that (i) each third-party vendor operates under its own terms, policies and service levels, which the Provider cannot control and which may be amended at any time; (ii) the Provider merely integrates these services and does not itself provide them, and therefore is not liable for their acts, omissions, outages, price changes, policy changes or deprecations, nor for any resulting impact on the use of the Platform; and (iii) the Provider may subcontract any of its obligations under these Terms — in particular hosting, infrastructure and maintenance tasks — and may rely on representatives or affiliates without the Customer's prior consent, while remaining responsible for the performance of such subcontractors in accordance with these Terms.

5.3 The Provider will nonetheless make commercially reasonable efforts to select reputable vendors and to minimize disruption to Customers when an integration is modified or replaced.

5.4 The current list of subprocessors engaged by the Provider to process Customer Personal Data, together with the applicable notification and objection mechanism, is published at /legal/subprocessors and forms part of these Terms by reference.

6. Content and intellectual property

6.1 Customer content

6.1.1 "Customer Content" means any source code, binary, container image, environment variable, configuration, database content, domain, asset or message that the Customer uploads, deploys or stores through the Platform.

6.1.2 The Customer retains all rights in the Customer Content. The Customer grants the Provider a worldwide, non-exclusive, royalty-free license to host, store, copy, cache, process, transmit and display Customer Content solely to the extent necessary to operate the Platform and provide the services ordered.

6.2 Provider IP

6.2.1 The Platform, its source code, APIs, documentation, dashboards, CLI, brand and website are and remain the exclusive property of the Provider.

6.2.2 The Provider grants the Customer a non-exclusive, non-transferable, revocable, limited license to access and use the Platform during the term of the Agreement, solely for the Customer's internal business purposes.

6.3 Acceptable-use compliance

The license of section 6.2.2 is conditioned on compliance with section 8 (Acceptable Use).

7. Fees and payment

7.1 Fees are billed monthly in advance per subscribed service. Upgrades are prorated and applied immediately; downgrades are scheduled and take effect at the next billing cycle.

7.2 All payments are processed by a third-party payment processor acting as Merchant of Record, which handles invoicing, VAT and sales tax, currency conversion, fraud prevention and chargebacks. Transactions are additionally governed by the payment processor's own terms, presented to the Customer at checkout.

7.3 Fees are exclusive of any applicable taxes, which are added by the payment processor at checkout.

7.4 If a payment fails, the Provider may suspend or pause the affected services after reasonable notice. Persistently unpaid services may be cancelled and their data deleted.

7.5 The Provider may increase prices with at least 15 days notice. If you disagree, you may cancel the affected subscriptions before the new prices take effect.

7.6 Refunds. Within 15 days of the Customer's first top-up, the Customer may obtain a refund of any unused (unconsumed) prepaid wallet balance from that first top-up (one-time 15-day money-back guarantee). Prepaid balance already consumed and partially used billing periods are non-refundable, save where mandated by applicable law. Refunds are governed in full by the Refund Policy, which forms part of these Terms by reference.

8. Acceptable use

You may not use the Platform to host, deploy, store, transmit or process content or workloads that:

• are unlawful, defamatory, obscene, infringing, harassing, deceptive or fraudulent;
• contain malware, viruses, worms, ransomware, cryptominers without explicit permission, botnet controllers, phishing kits or credential stuffing tools;
• violate the rights of any third party (IP, privacy, publicity);
• constitute or facilitate denial-of-service, port scanning, mass unsolicited email (spam), brute-force or credential-stuffing attacks;
• attempt to reverse-engineer, probe, benchmark, circumvent or overload the Platform;
• access or attempt to access any account, data, container, network or resource belonging to another Customer or to the Provider that you have not been explicitly authorized to access;
• attempt to escape, break or circumvent the isolation, sandboxing or resource boundaries assigned to your workloads, or to escalate privileges on the underlying host or infrastructure;
• violate export control, sanctions or anti-money-laundering laws;
• impersonate the Provider or any other person;
• exceed the resource limits of the subscribed tier in a manner that degrades the Platform for other Customers.

The Provider may suspend or terminate services that breach this section, with or without prior notice depending on the severity and the risk to the Platform or to third parties.

8.1 Reports of illegal content

Reports of illegal content may be submitted to abuse@tuploy.com. We handle notices in good faith in accordance with applicable law (including Regulation (EU) 2022/2065 — Digital Services Act — where applicable).

8.2 Security testing and responsible disclosure

The prohibitions above on probing, scanning and circumventing the Platform are not intended to discourage good-faith security research. If you believe you have found a security vulnerability, please report it to security@tuploy.com. Provided that you (i) act in good faith; (ii) do not access, modify, delete or exfiltrate data belonging to the Provider or to any other Customer beyond the minimum strictly necessary to demonstrate the issue; (iii) do not degrade, disrupt or damage the Platform or the experience of other Customers; (iv) do not run automated, high-volume scanning against the production environment; and (v) give the Provider a reasonable period to remediate before any public disclosure, the Provider will not pursue legal action against you, nor suspend or terminate your account, on the basis of that research, and will treat your report confidentially. Testing that exceeds these conditions — in particular any actual access to another Customer's data or to the underlying infrastructure, or any attempt to escalate privileges or break workload isolation for purposes other than a good-faith report under this section — is not covered by this safe harbour and remains a breach of this section 8.

8.3 Shared security responsibility

Security of the Platform is a shared responsibility, split along the boundary that separates the infrastructure the Provider operates from the workloads the Customer controls:

• The Provider is responsible, using commercially reasonable efforts, for the security and hardening of the infrastructure it manages — the host systems, the network perimeter, the load balancer, and the isolation boundary that separates one Customer's workloads from another's.
• The Customer is responsible for the security of everything the Customer controls — its own source code, container images, dependencies, application configuration, environment variables, the data it stores, and the safeguarding of its credentials, API keys and CLI tokens (section 3.3).

This allocation describes each party's operational roles. It does not create any warranty beyond section 10, does not enlarge the Provider's liability beyond the limits set out in section 11, and does not relieve the Customer of its obligations under this section 8 or of its indemnity under section 12.

9. Data protection

9.1 When the Provider processes personal data on behalf of the Customer (e.g. data stored in customer Apps or Databases), the Provider acts as processor. The relationship is governed by the Data Processing Agreement, which is incorporated into and forms an integral part of these Terms. By uploading or otherwise processing personal data through the Platform, the Customer is deemed to have accepted and entered into that Data Processing Agreement.

9.2 When the Provider processes personal data about the Customer itself (account, billing, usage), the Provider acts as controller and the Privacy Policy applies.

10. Warranties and disclaimers

10.1 The Platform is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, the Provider disclaims all warranties, express or implied, including fitness for a particular purpose, merchantability, uninterrupted availability, error-free operation, and non-infringement.

10.2 The Provider does not warrant that Customer Content will be preserved indefinitely. The Customer is responsible for maintaining its own backups where appropriate, in addition to the backup tiers offered by the Database plans.

10.3 The Provider is not liable for failures caused by third-party providers or upstream services, by the Customer's own software, or by force majeure.

11. Limitation of liability

11.1 To the maximum extent permitted by law, the Provider's aggregate liability under or in connection with the Agreement — regardless of the cause of action — is capped at the fees paid by the Customer to the Provider during the twelve (12) months preceding the event giving rise to the claim.

11.2 In no event shall the Provider be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, loss of revenue, loss of goodwill, loss of data, loss of business opportunities, or costs of substitute services.

11.3 The limitations of this section do not apply in cases of gross negligence, wilful misconduct, death or personal injury, or where the law prohibits such limitations.

12. Customer indemnification

The Customer shall defend, indemnify and hold harmless the Provider against any third-party claim arising from: (i) Customer Content; (ii) breach of the Agreement by the Customer; (iii) breach of section 8 (Acceptable Use); or (iv) infringement of third-party rights by the Customer.

13. Confidentiality

Each party shall keep the other's confidential information secret for the duration of the Agreement and for 5 years after its termination. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law.

14. Term and termination

14.1 The Agreement is effective upon account creation and continues until terminated.

14.2 Customer termination: the Customer may cancel any subscription at any time through the dashboard. The cancellation takes effect at the end of the current billing cycle. The Customer may request full account deletion at privacy@tuploy.com.

14.3 Provider termination: the Provider may terminate the Agreement with 15 days notice, or immediately in case of material breach (including breach of section 8), non-payment after reasonable notice, insolvency, or risk to the Platform or third parties.

14.4 Consequences of termination:

• Services are deactivated and Customer Content becomes inaccessible.
• The Customer is responsible for downloading its content and database dumps before termination takes effect.
• After the grace period applicable to the affected service type — as published in the dashboard at the time of cancellation — Customer Content is permanently deleted.
• Accrued fees remain payable; refunds are governed by the Refund Policy (section 7.6), including the 15-day money-back guarantee on unused prepaid balance.

14.5 Sections that by their nature should survive termination (IP, liability, confidentiality, governing law) will survive.

15. Changes to the Terms

The Provider may amend these Terms with at least 15 days notice via email or in-dashboard notification. If the Customer does not agree to the amendments, the Customer may terminate the Agreement before they take effect. Continued use of the Platform after the effective date constitutes acceptance.

For the purposes of this section, an amendment is considered material if it affects the scope of the services, the fees, the limitation of liability, data protection, governing law or jurisdiction, or the rights and obligations of the Customer under the Agreement. Non-material changes (such as typographical corrections, clarifications that do not alter meaning, or updates to contact details) may take effect immediately.

16. Notices

Notices to the Provider must be sent to legal@tuploy.com. Notices to the Customer will be sent to the email address on file or displayed in the dashboard.

17. Governing law and jurisdiction

17.1 The Agreement is governed by the laws of the Principality of Andorra, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

17.2 Any dispute arising out of or in connection with the Agreement shall be subject to the jurisdiction of the courts of the Principality of Andorra. Where the Customer qualifies as a consumer, this choice of jurisdiction does not deprive the consumer of the protection afforded by the mandatory rules of the law of the country where the consumer habitually resides, and the consumer may bring proceedings before the courts of that country in accordance with applicable EU private international law (including Regulation (EU) 1215/2012).

18. Miscellaneous

• Entire agreement: the Agreement constitutes the entire understanding between the parties and supersedes prior agreements on the same subject matter.
• Severability: if any provision is found invalid, the remaining provisions continue in force.
• No waiver: failure to enforce a provision does not constitute a waiver.
• Assignment: the Customer may not assign the Agreement without the Provider's prior written consent. The Provider may assign the Agreement to an affiliate or successor in connection with a merger, acquisition or reorganization.
• Force majeure: neither party is liable for failures caused by events beyond its reasonable control.