Terms of Service
Effective date: April 8, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, customer portal, APIs, and related virtual private server (“VPS”) hosting services offered by Clovrix Inc. (“Clovrix,” “we,” “us,” or “our”) to individual consumers (collectively, the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms in your personal capacity. If you do not agree, do not use the Services.
1. Eligibility
You represent that you are at least the age of majority in your place of residence. Our standard Services are offered only to individual retail customers (not custom enterprise, reseller, or wholesale agreements). You are responsible for all activity under your account.
2. Consumer protection laws
Clovrix sells the Services business-to-consumer (B2C) only. If you qualify as a consumer under the laws where you live, you may have mandatory rights regarding unfair contract terms, withdrawal or cancellation, dispute resolution, privacy, or remedies that cannot be waived by these Terms. Nothing in these Terms is intended to limit those rights where the law forbids such limitations.
3. Changes
We may modify the Services or these Terms. We will post updated Terms with a new effective date. If a change is material, we will provide reasonable notice as required by law or as we deem appropriate (for example, by email or in-product notice). Continued use after the effective date of changes constitutes acceptance unless applicable law requires otherwise.
4. Description of the Services
Clovrix provides VPS hosting on shared bare metal infrastructure. You may select underlying hardware characteristics as offered in the product. Instances may be provisioned with a public IPv4 address. Unless we expressly agree otherwise in writing, we do not provide automated backups of your instances or data. You are solely responsible for securing your systems, maintaining backups, and complying with laws applicable to your workloads and data.
The Services depend on third-party networks, data centers, and software. We may change features, specifications, supported configurations, or underlying providers with reasonable notice where practicable.
5. Service level agreement (uptime)
Commitment. We target 99.9% monthly uptime for the Clovrix hosting platform that powers your running VPS instances—meaning the hypervisor, host networking, and power supplying those instances, measured per calendar month in the region where your instance is deployed.
Out of scope. This SLA does not cover the availability of your guest operating system, your applications, misconfiguration by you, problems on the public internet outside our network, scheduled maintenance announced with at least twenty-four (24) hours’ notice (or shorter notice for emergency security or stability work), suspension or termination for non-payment or violation of these Terms, denial-of-service or abuse events directed at your instances, or factors outside our reasonable control (including force majeure).
Measurement. Downtime is counted when your instance is unreachable from our monitoring systems due to a failure in the in-scope infrastructure and persists for more than five (5) consecutive minutes. Partial minutes of downtime are aggregated monthly. We use reasonable monitoring; if you believe we missed an incident, contact us with details within thirty (30) days of the month in question.
Service credits. If monthly uptime for an affected instance falls below 99.9% but is at least 99.0%, we will issue a credit equal to 10% of the fees you paid to us for that instance for that calendar month (excluding taxes). If monthly uptime is below 99.0%, the credit is 25% of those fees. Credits apply to future invoices only (we do not pay cash except where required by law). To request a credit, open a ticket or contact us through our contact page within thirty (30) days after the end of the month; we will apply qualifying credits within two (2) billing cycles after verification.
Service credits under this Section are your exclusive monetary remedy for failure to meet the uptime commitment in this Section, except where mandatory consumer law requires otherwise. Nothing in this Section limits any rights you may have that cannot lawfully be restricted.
6. Accounts and security
You must provide accurate, current account and billing information and keep it updated. You are responsible for safeguarding passwords, API keys, and other credentials. Notify us promptly of any unauthorized access. We may suspend or terminate accounts that appear compromised or abusive.
7. Fees, billing, and taxes
Fees are based on the pricing and billing cycle shown at purchase or in your account (for example, hourly or monthly usage). Unless we state otherwise, we do not offer free trials. You authorize us and our payment processors to charge your payment method for all fees, overages, and applicable taxes. Fees are non-refundable except where required by law or as we expressly state in writing. Statutory cooling-off, withdrawal, or refund rights for consumers in your jurisdiction apply in addition to this sentence where applicable.
Plan upgrades may be available as offered in the product. Unless we expressly allow downgrade in the interface or a separate order, downgrading a plan or reducing committed resources may not be supported. Failure to pay may result in suspension or termination of the Services and loss of data as described in our policies.
Overage of network bandwidth or other metered resources may result in throttling, additional charges, or suspension as described in product documentation or notices.
8. Acceptable use
You agree not to use, and not to assist others in using, the Services to:
- violate any applicable law or regulation, or infringe others’ rights;
- send unsolicited bulk email or messages (spam), or conduct deceptive or fraudulent activity;
- distribute malware, conduct unauthorized intrusion or denial-of-service attacks, or harm our or others’ systems;
- mine cryptocurrency or run abusive workloads that materially degrade shared infrastructure without our prior consent;
- circumvent technical limits, billing controls, or security measures; or
- offer paid hosting or infrastructure resale to third parties using your account without our prior written consent.
We do not provide dedicated DDoS protection as a default feature. You are responsible for mitigating attacks directed at your instances and for traffic that originates from your resources. We may filter, rate-limit, or null-route traffic as needed to protect the broader network.
We may investigate suspected violations and cooperate with law enforcement. You will cooperate with reasonable requests related to abuse or security incidents.
9. Your content and our intellectual property
As between you and Clovrix, you retain ownership of your content and data processed on your instances. You grant us a limited license to host, process, transmit, and display such content solely as needed to provide the Services and as described in our Privacy Policy.
Clovrix and its licensors own the Services, software, documentation, and branding, subject to any open-source licenses that apply to components we distribute. Except for the limited right to use the Services during the term, no rights are granted to you.
10. Suspension and termination
You may close your account through the mechanisms we provide, subject to payment of outstanding fees. We may suspend or terminate access to the Services immediately if we reasonably believe you have breached these Terms, created security or legal risk, failed to pay, or if we are required to do so by law. Upon termination, we may delete your data and instances after any notice period required by law or stated in product documentation. You should export data before termination.
11. Disclaimer of warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOVRIX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, EXCEPT FOR THE EXPRESS UPTIME COMMITMENT AND SERVICE CREDITS DESCRIBED IN SECTION 5.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CLOVRIX NOR ITS SUPPLIERS OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EXCEPT WHERE PROHIBITED BY LAW, CLOVRIX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CLOVRIX FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
Our obligation to provide applicable service credits under Section 5 is separate from the cap above and will be applied as described in Section 5, except where mandatory consumer law requires otherwise.
13. Indemnification
You will defend, indemnify, and hold harmless Clovrix and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content or workloads, your violation of these Terms, or your violation of applicable law.
14. Governing law and venue
These Terms are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction that gives consumers the right to sue in their home courts, you may bring proceedings in those courts where applicable law requires us to accept that venue. Otherwise, subject to such mandatory consumer protections, you agree that the state and federal courts located in Delaware will have exclusive jurisdiction and you consent to personal jurisdiction there.
15. General
Entire agreement. These Terms, together with our Privacy Policy and any order or product-specific terms presented at purchase, constitute the entire agreement regarding the Services.
Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
Severability; waiver. If a provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver.
Export and sanctions. You must comply with applicable export control and sanctions laws.
Contact. For questions about these Terms, use our contact page.
Last updated: April 8, 2026