Terms of Service

OpenZapps provides infrastructure-as-a-service and deployment automation. Specifically, we:

• Provision virtual private servers (VPS) on third-party cloud infrastructure providers
• Provide a web-based interface for deploying, managing, and monitoring open-source applications
• Offer automated tooling for server maintenance, monitoring, and basic troubleshooting
• Provide an AI-powered gateway for API access (the "AI Gateway")

What we do NOT provide: We do not develop, license, own, distribute, or maintain the open-source applications available through our Platform. Each application is the intellectual property of its respective authors and is licensed under its own open-source license (e.g., MIT, GPL, Apache 2.0, or other). It is your sole responsibility to review and comply with the license terms of any application you deploy.

You must be at least 18 years old and capable of forming a binding contract to use the Platform. By registering, you represent that all information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorised use.

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Deploy, host, store, transmit, or distribute any unlawful, defamatory, infringing, or harmful content
• Use the Platform for cryptocurrency mining, distributed denial-of-service (DDoS) attacks, or other resource-abusing activities
• Attempt to gain unauthorised access to the Platform, its systems, or other users' servers
• Reverse engineer, decompile, or otherwise attempt to derive source code from the Platform (except as permitted by law)
• Use the Platform to send unsolicited commercial communications (spam) or phishing attempts
• Violate the license terms of any open-source application deployed through the Platform — this includes but is not limited to removing attribution, violating copyleft requirements, or using restricted features beyond permitted scope
• Store or process special category personal data (as defined under UK GDPR) on your VPS without implementing appropriate technical and organisational security measures

We reserve the right to suspend or terminate your account, without notice, if we reasonably believe you have violated these restrictions.

As a user of the Platform, you acknowledge and agree that you are solely responsible for:

• Software licences: Ensuring your use of any deployed application complies with its open-source license. We accept no liability for licence violations.
• Data and content: All data, files, and content stored on your VPS. You are the data controller for any personal data you process.
• Backups: Maintaining your own backups of critical data. While we may provide backup tooling, we do not guarantee backup integrity or availability.
• Security: Securing your deployed applications, including applying security updates, configuring firewalls, and managing authentication. Our automated tooling provides assistance but does not replace your security obligations.
• Legal compliance: Ensuring your use of the Platform and deployed applications complies with all applicable laws, including data protection, intellectual property, and content regulation laws.
• Resource usage: Your VPS plan has defined resource limits (CPU, RAM, storage, bandwidth). Excessive usage may result in throttling, additional charges, or suspension.

OpenZapps operates on a subscription basis. By subscribing, you acknowledge and agree to the following:

• Fees and billing: Fees are charged in advance on a monthly basis via our payment processor. All prices are quoted in USD unless otherwise stated and exclude applicable taxes. You authorize us to charge your payment method for all fees incurred. Your billing date is the date you first subscribed.
• Automatic renewal: Subscriptions renew automatically on the same date each month unless cancelled. No action is required to continue your subscription. We do not process renewals more than 24 hours before the renewal date.
• Reminder notices: In compliance with the Digital Markets, Competition and Consumers Act 2024, we will send you a reminder notice (by email) before each renewal payment is taken. This notice will include the renewal date, the amount to be charged, and a direct link to manage or cancel your subscription.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at support@openzapps.com. Cancellation takes effect at the end of the current billing period, and you will continue to have access until that date. Once your billing period ends, your VPS and all associated data will be permanently deleted. No partial refunds will be issued except where required by applicable law.
• Cooling-off period: If you are a consumer within the UK or EEA, you may have a 14-day statutory cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you exercise this right, you must notify us in writing within 14 days of subscribing. If you have used the service during this period, you may be charged a proportionate amount for the period of use.
• Failed payments: If a payment fails on renewal, we will notify you by email and retry the charge. If payment is not resolved within 48 hours, your subscription will be cancelled. You will then have 24 hours to settle the outstanding payment, after which your VPS and all associated data will be permanently deleted. We are not liable for any data loss resulting from non-payment.
• Price changes: We may change subscription prices by giving you at least 30 days' advance notice. If you do not agree to the new price, you may cancel before the change takes effect. Continued use after a price change constitutes acceptance.

AI Gateway credits are purchased separately and are non-refundable. Unused credits do not expire unless otherwise stated.

We aim to maintain high availability but do not guarantee uninterrupted service. The Platform and your VPS depend on third-party infrastructure and security providers whose own outages may affect service.

We do not offer service level agreements (SLAs) or uptime guarantees unless expressly agreed in writing. Scheduled maintenance may occur with or without advance notice.

All intellectual property rights in the Platform itself — including our code, interface designs, trademarks, and branding — belong to Techiox LTD or our licensors. These Terms do not grant you any licence to use our intellectual property except as necessary to access the Platform.

Open-source applications deployed through the Platform remain the property of their respective authors. We make no claim of ownership over third-party open-source software.

You may terminate your account at any time. Upon termination, your subscription will end at the end of the current billing period, and your VPS and all associated data will be permanently deleted. We may also suspend or terminate your account immediately, without liability, if: (i) you breach these Terms; (ii) your payment fails and is not remedied within the period set out in Section 5; (iii) we are required to do so by law; or (iv) your use poses a security or legal risk.

THE PLATFORM 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, OR NON-INFRINGEMENT.

SPECIFICALLY, WE DO NOT WARRANT THAT: (I) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) ANY OPEN-SOURCE APPLICATION WILL FUNCTION AS DESCRIBED OR BE FREE OF VULNERABILITIES; (III) ANY DATA STORED ON YOUR VPS WILL BE SECURE OR NOT LOST; OR (IV) THE AI GATEWAY WILL PRODUCE ACCURATE, RELIABLE, OR APPROPRIATE OUTPUT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHIOX LTD, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM SHALL BE CAPPED AS FOLLOWS:

• General liability cap: The total amount you have paid to us in the twelve (12) months preceding the claim.
• Data breach liability: Twenty-four (24) months of fees paid immediately preceding the claim, where the liability arises solely from our failure to implement the security measures described in our Privacy Policy. This carve-out does not apply to data loss resulting from your own actions, third-party breaches, or events beyond our reasonable control.

THE FOLLOWING LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER ANY CIRCUMSTANCES, AND THE ABOVE CAPS DO NOT APPLY TO: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE; (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING THE CONSUMER RIGHTS ACT 2015 WHERE APPLICABLE).

This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Each party acknowledges that these limitations reflect a reasonable allocation of risk, are fundamental to the pricing of the service, and would not have agreed to these Terms absent such limitations.

You agree to indemnify, defend, and hold harmless Techiox LTD and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from: (i) your use of the Platform; (ii) any content or data stored on your VPS; (iii) your violation of these Terms or any applicable law; or (iv) your violation of any third-party right, including intellectual property or privacy rights.

The Platform integrates with third-party service providers who handle specific functions on our behalf, including payment processing, infrastructure hosting, DNS/CDN, deployment orchestration, monitoring, and AI model routing.

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, performance, or practices of any third-party service.

Where Techiox LTD processes personal data on your VPS or otherwise on your behalf in providing the Platform, we act as a data processor under UK GDPR Article 28 and you act as the data controller for such data. The following terms of this Section 13 constitute our Data Processing Agreement ("DPA") for those processing activities described in our Privacy Policy where we act as processor.

• Instructions: We will process personal data only on your documented instructions, including with regard to international transfers, unless required to do otherwise by applicable law. The purposes and scope of processing are described in our Privacy Policy.
• Data and subjects: The personal data processed includes any user or customer data you upload, store, or process on your VPS. Categories of data subjects are determined by you and may include your end users, customers, employees, or any other individuals whose data you process through the Platform.
• Sub-processors: We use sub-processors to provide the Platform. A current list is available in our Privacy Policy. We will notify you of any changes to sub-processors with at least 30 days' notice.
• Confidentiality: We ensure that all personnel authorised to process personal data are bound by a duty of confidentiality.
• Security measures: We implement appropriate technical and organisational measures to protect personal data as described in our Privacy Policy, including encryption in transit (TLS 1.2+), hashed password storage, access controls, and regular security updates.
• Data subject rights: We will assist you, as far as reasonably possible, in responding to requests from individuals exercising their rights under UK GDPR (access, rectification, erasure, restriction, portability, objection). You bear the cost of any assistance beyond reasonable support.
• Breach notification: We will notify you without undue delay — and in any event within 24 hours of becoming aware — of any personal data breach affecting your data. We will provide you with information reasonably necessary to allow you to comply with your own notification obligations to the ICO and affected individuals.
• End of term: Your VPS and deployed data are permanently deleted per Section 5 once your billing period ends. Our own database records of your personal data (e.g., account and billing information) will be deleted in accordance with our Privacy Policy, typically within 30 days unless required by law to retain them longer (e.g., for tax or fraud prevention purposes).
• Audit: You may request an audit of our compliance with this DPA once per calendar year, at your expense, by providing at least 30 days' written notice. We may provide a third-party security report (e.g., SOC 2, if available) as a reasonable alternative to an on-site audit.

If you require an executed Data Processing Agreement in a specific format or with additional terms for your own compliance purposes, contact us at support@openzapps.com.

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws require otherwise.

• Entire agreement: These Terms constitute the entire agreement between you and Techiox LTD regarding the Platform and supersede all prior agreements.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: We are not liable for any failure or delay due to causes beyond our reasonable control, including acts of God, war, strikes, or internet outages.

Questions about these Terms should be directed to: support@openzapps.com

Techiox LTD — England and Wales