Terms of Service

1. Agreement to Terms

By accessing or using Kaligon Cloud services ("Services") provided by Kaligon Ltd ("Kaligon", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, do not use our Services.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent that you meet these requirements. Our Services are intended for business use and are not directed at consumers.

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. Description of Services

Kaligon Cloud provides cloud infrastructure services including virtual machines (compute), block storage, and networking capabilities. Services are provided on a pay-per-use basis with per-hour billing. We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with reasonable notice when possible. We will make commercially reasonable efforts to notify you of significant changes that may affect your use of the Services.

5. Acceptable Use Policy

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

• Violate any applicable laws, regulations, or third-party rights
• Distribute malware, viruses, or other malicious code
• Conduct or participate in denial-of-service (DoS/DDoS) attacks
• Engage in cryptocurrency mining without explicit written authorization
• Send spam, phishing emails, or other unsolicited communications
• Host or distribute illegal content, including but not limited to child exploitation material
• Infringe on intellectual property rights of others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Use the Services for any fraudulent or deceptive purposes
• Resell or redistribute our Services without authorization

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

6. Customer Content and Data

Ownership: You retain all rights, title, and interest in any data, content, or information you upload, store, or process using our Services ("Customer Content"). We do not claim ownership of your Customer Content.

License: You grant us a limited license to host, store, transfer, and process your Customer Content solely as necessary to provide the Services to you and as described in our Privacy Policy.

Responsibility: You are solely responsible for your Customer Content, including its legality, reliability, and appropriateness. You represent that you have all necessary rights to upload and use your Customer Content.

Backups: You are responsible for maintaining your own backups of Customer Content. While we implement measures to protect data integrity, we do not guarantee against data loss and are not liable for any loss of Customer Content.

7. Billing and Payment

Pricing: Our Services are billed on a pay-per-hour basis. Current pricing is displayed on our website and in your dashboard before provisioning any resources. Prices are subject to change with 30 days' notice.

Payment: You agree to pay all fees associated with your use of the Services. Payments are processed through third-party payment processors. You authorize us to charge your payment method for all fees incurred.

Taxes: All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, except for taxes based on our net income.

Late Payment: Overdue amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services for accounts with overdue balances.

Disputes: Billing disputes must be submitted within 30 days of the charge. We will work in good faith to resolve legitimate disputes.

8. Service Level Agreement

Uptime Commitment: We strive to maintain 99.9% uptime for our core Services (compute and storage), measured on a monthly basis, excluding scheduled maintenance and circumstances beyond our reasonable control.

Service Credits: If we fail to meet our uptime commitment, you may be eligible for service credits. To request credits, you must submit a support ticket within 7 days of the incident. Credits are calculated as a percentage of your monthly bill for the affected Service and are applied to future invoices.

Exclusions: The SLA does not apply to: (a) scheduled maintenance with prior notice; (b) factors outside our reasonable control, including force majeure events; (c) your equipment, software, or network connections; (d) actions or inactions of you or third parties; (e) suspension due to violation of these Terms.

Remedy: Service credits are your sole and exclusive remedy for any failure to meet our uptime commitment.

9. Intellectual Property

The Services, including all software, technology, designs, trademarks, and content provided by Kaligon (excluding Customer Content), are owned by or licensed to Kaligon and are protected by intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited right to use the Services as permitted by these Terms.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession before disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICES AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• KALIGON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO KALIGON IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kaligon and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

14. Suspension and Termination

By You: You may terminate your account at any time by contacting support or through your account settings. You remain responsible for all charges incurred until termination is effective.

By Us: We may suspend or terminate your access to the Services immediately, without prior notice, if: (a) you violate these Terms or our Acceptable Use Policy; (b) your account is overdue for payment; (c) we are required to do so by law; (d) we reasonably believe your use poses a security risk to us or others; or (e) we discontinue the Services.

Effect of Termination: Upon termination, your right to use the Services immediately ceases. All outstanding fees become immediately due. We may delete your Customer Content after a reasonable retention period (typically 30 days) following termination, unless we are required to retain it by law.

Survival: Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.

15. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting on our website, sending an email, or displaying a notice in your dashboard at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

16. Governing Law and Disputes

Governing Law: These Terms are governed by and construed in accordance with the laws of Israel, without regard to conflict of law principles.

Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in Tel Aviv, Israel, except that either party may seek injunctive relief in any court of competent jurisdiction.

Class Action Waiver: You agree to resolve any disputes with us on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

17. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Kaligon regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or internet or infrastructure failures.

18. Contact Us

If you have questions about these Terms of Service, please contact us at:

Kaligon Ltd
Email: info@kaligon.com