Terms of Service

Your use of the PodSpace Services are governed by this agreement (the "Terms"). "PodSpace" means Balázs Miklós sole proprietor, located at 1034 Budapest, Kecske str. 13-15, Hungary (Tax number: 67189146-1-46, EU VAT number: HU67189146), and its subsidiaries or affiliates involved in providing the PodSpace Services. The "PodSpace Services" means the services PodSpace makes available through this website, including this website, the PodSpace cloud computing platform, the PodSpace API, the PodSpace registry, and any other software or services offered by PodSpace in connection to any of those.

In order to use the PodSpace Services, you must first agree to the Terms. You can agree to the Terms by actually using the PodSpace Services. You understand and agree that PodSpace will treat your use of PodSpace Services as acceptance of the Terms from that point onwards.

You agree your purchases of PodSpace Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by PodSpace or any of its affiliates regarding future functionality or features.

You must provide accurate and complete registration information any time you register to use the PodSpace Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PodSpace immediately.

Your use of the PodSpace services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

You agree not to (a) access (or attempt to access) the administrative interface of the PodSpace Services by any means other than through the interface that is provided by PodSpace in connection with the PodSpace Services, unless you have been specifically allowed to do so in a separate agreement with PodSpace, or (b) engage in any activity that interferes with or disrupts the PodSpace Services (or the servers and networks which are connected to the Service).

Your account has hard and soft quotas and usage limits. The PodSpace Service does not permit you to exceed the hard usage limits. PodSpace reserves the right to enforce soft usage limits in its sole discretion, which may result in (a) PodSpace serving a "quota exceeded" page to your users to whom you serve web pages via the PodSpace Services ("End Users"), or (b) in case of the Docker Registry quota, deleting some Docker Images from your private Docker Repository to free up disk space. Repeated exceeding of the hard or soft usage limits may lead to termination of your account.

You may use the PodSpace Services only to develop and run applications on the PodSpace infrastructure. You may not access the PodSpace Services for the purpose of bringing an intellectual property infringement claim agains PodSpace or for the purpose of creating a product or service competitive with the PodSpace Services.

The PodSpace Services are generally provided through internet connectivity and third party vendors that PodSpace does not control and may be subject to delays, outages or other problems; PodSpace is not responsible for any such delays or outages. More broadly, PodSpace makes no service level-related representations, warranties, or covenants regarding Service uptime, connectivity, hosting conditions, load balancing, security, monitoring, backup, archiving, recovery, release management, change control, maintenance, availability, and the like, and will offer no Service credits for service levels You deem inadequate.

PodSpace may provide certain technical support to You as part of the PodSpace Services. During the period in which You are current in the payment for the PodSpace Services, You may be entitled to receive the applicable technical support services (depending on the Support Levels you purchased) as set forth at Technical Support Services Guidelines.

You agree to comply with the PodSpace Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.

The PodSpace Services shall be subject to the privacy policy for the PodSpace Services available at privacy policy. You agree to the use of your data in accordance with PodSpace’s privacy policies.

You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to PodSpace.

PodSpace measures and collects the rate at which your applications consume computing resources (such as CPU and memory or other resources) on the PodSpace servers. The applicable fees are calculated based on this resource consumption data, and placed on the Open Invoice regularly (at least once a week). Other applicable fees such as monthly subscription fees are also placed on the Open Invoice during the month. At the end of each month, the Open Invoice gets closed and a legally binding invoice is issued. You are obliged to pay all fees as set forth in the closed invoice. Your obligation to pay all fees is non-cancellable. PodSpace’s measurement of your use of the Services is final.

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees PodSpace incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the discretion of PodSpace and only in the form of credit for the PodSpace Services. Nothing in these Terms obligates PodSpace to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to PodSpace may be shared by PodSpace with companies who work on PodSpace’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to PodSpace and servicing your account. PodSpace may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. PodSpace shall not be liable for any use or disclosure of such information by such third parties. PodSpace reserves the right to discontinue the provision of the PodSpace Services to you for any late payments.

PodSpace may change its fees and payment policies for the PodSpace Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL PodSpace may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

You may not access the PodSpace Services in a manner intended to avoid incurring fees.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the PodSpace Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the PodSpace Services and any source code written by you to be used with the PodSpace Services (collectively, "Applications").

PodSpace reserves the right (but shall have no obligation) to remove any or all Content from the PodSpace Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from PodSpace. In the event that you elect not to comply with a request from PodSpace to take down certain Content, PodSpace reserves the right to directly take down such Content or to disable Applications.

In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. PodSpace reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.

You agree that you are solely responsible for (and that PodSpace has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the PodSpace Services and for the consequences of your actions (including any loss or damage which PodSpace may suffer) by doing so.

You agree that PodSpace has no responsiblity or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

You acknowledge and agree that PodSpace (or PodSpace’s licensors) own all legal right, title and interest in and to the PodSpace Services, including any intellectual property rights which subsist in the PodSpace Services (whether those rights happen to be registered or not, and wherever the world those rights may exist).

Except as provided in License from you, PodSpace acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the PodSpace Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PodSpace, you agree that you are responsible for protecting and enforcing those rights and that PodSpace has no obligation to do so on your behalf.

PodSpace gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PodSpace as part of the PodSpace Services as provided to you by PodSpace. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PodSpace services as provided by PodSpace, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the PodSpace Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PodSpace, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the PodSpace Services or any applications running on the PodSpace Services.

Open Source software licenses for components of the PodSpace Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with PodSpace for the use of the components of the PodSpace Services released under an open source license.

PodSpace hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the PodSpace trademarks and/or logos ("Marks") for the sole purpose of promoting or advertising that you use the PodSpace Services and solely in accordance with PodSpace’s then current Trademark Usage Guidelines, which PodSpace may provide. You agree that all goodwill generated through your use of the PodSpace Marks shall inure to the benefit of PodSpace.

PodSpace claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the PodSpace Services you give PodSpace a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling PodSpace to provide you with the PodSpace Services. Furthermore, by creating an Application through use of the PodSpace Services, you give PodSpace a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling PodSpace to provide you with the PodSpace Services.

You may choose to or we may invite you to submit comments or ideas about the PodSpace Services, including without limitation about how to improve the PodSpace Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PodSpace under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

You agree that PodSpace, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the PodSpace Services.

PodSpace may, and you grant us permission to, make recommendations via the PodSpace Services for products or services we think may be of interest to you based on your Application(s), Content, and/or the use of the PodSpace Services. We will never make recommendations directly to your End Users.

PodSpace is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the PodSpace Services which PodSpace provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the PodSpace Services will be effective with respect to all versions of the PodSpace Services; examples of changes to the form and nature of the PodSpace Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

You may terminate these Terms at any time by canceling your account on the PodSpace Services. You will not receive any refunds if you cancel your account.

You agree that PodSpace, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the PodSpace Services may be without prior notice, and you agree that PodSpace will not be liable to you or any third party for such termination.

You are solely responsible for exporting your Content and Application(s) from the PodSpace Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

Upon any termination of the PodSpace Services or your account these Terms will also terminate, but Sections 6.1, 10, 11, 12, 13 and 16 shall continue to be effective after these Terms are terminated.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT PODSPACE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PODSPACE SERVICE IS AT YOUR SOLE RISK AND THAT THE PODSPACE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

PODSPACE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PODSPACE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PODSPACE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PODSPACE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PODSPACE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND © USAGE DATA PROVIDED THROUGH THE PODSPACE SERVICES WILL BE ACCURATE.

SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PODSPACE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON PODSPACE’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT PODSPACE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

You agree to hold harmless and indemnify PodSpace, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "PodSpace and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the PodSpace Services, (c) your violation of applicable laws, rules or regulations in connection with the PodSpace Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PodSpace will provide you with written notice of such claim, suit or action.

The PodSpace Services may include hyperlinks to other web sites or content or resources or email content. PodSpace may have no control over any web sites or resources which are provided by companies or persons other than PodSpace.

You acknowledge and agree that PodSpace is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that PodSpace is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

PodSpace may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the change take effect, during which period of time you may reject the changes by terminating your account.

You understand and agree that if you use the PodSpace Services after the date on which the Terms have changed, PodSpace will treat your use as acceptance of the updated Terms.

The Terms constitute the whole legal agreement between you and PodSpace and govern your use of the PodSpace Services (but excluding any services which PodSpace may provide to you under a separate written agreement), and completely replace any prior agreements between you and PodSpace in relation to the PodSpace Services.

There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

If PodSpace provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

You agree that PodSpace may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the PodSpace Services. By providing PodSpace your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

You agree that if PodSpace does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PodSpace has the benefit of under any applicable law), this will not be taken to be a formal waiver of PodSpace’s rights and that those rights or remedies will still be available to PodSpace.

PodSpace shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

The Terms, and your relationship with PodSpace under the Terms, shall be governed upon the Hungarian law in force anytime. In case of any legal dispute, you and PodSpace agree that the exclusive competent court in order to decide the case would be the court which has the competence on the seat of the service provider (PodSpace).

Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, ot its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the PodSpace Services upon written notice to the assigning party.