These Terms of Service ("Terms") govern your access to and use of the ixnodes cloud infrastructure platform and related services (the "Services"), operated by Innovatex Digital FZCO, a free zone company established at IFZA, Dubai, United Arab Emirates (license no. 49371) ("ixnodes", "we", "us", or "our"). By creating an account, placing an order, or using the Services, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, do not use the Services.
1DEFINITIONS
"Account" means the registration record established for you to access the Services. "Services" means the virtual private servers, compute, database, storage, networking, SSL, reseller, and related infrastructure products we make available. "Content" means any data, code, software, or material you upload, store, transmit, or process using the Services. "AUP" means our Acceptable Use Policy, incorporated by reference. "Fair Usage Policy", "SLA", "Privacy Policy", and "Data Processing Agreement" each refer to the corresponding ixnodes policy documents, all incorporated by reference into these Terms.
2ELIGIBILITY AND ACCOUNT
2.1You must be at least 18 years old and able to form a binding contract.
2.2You must provide accurate, current, and complete registration information and keep it updated. We may suspend or terminate Accounts with false, incomplete, or unverifiable information.
2.3You are responsible for all activity under your Account and for maintaining the confidentiality of your credentials. Notify us immediately of any unauthorized use.
2.4We may require identity or business verification (KYC) before activation, particularly for resellers, high-resource orders, or where required by law or fraud prevention.
3SERVICES AND PROVISIONING
3.1We provide the Services on a self-service basis. Resource specifications (vCPU, RAM, storage, and network port speed) are as described at the point of sale; data transfer is unmetered subject to the Fair Usage Policy.
3.2We may modify, enhance, or discontinue features of the Services. Where a change is material and adverse, we will use reasonable efforts to provide advance notice.
3.3The Services are infrastructure-as-a-service. Except where you purchase a managed add-on, you are solely responsible for the configuration, security, patching, backup, and administration of your virtual machines, operating systems, applications, and Content.
4FEES, BILLING, AND PAYMENT
4.1You agree to pay all fees for the Services you order at the prices in effect at the time of purchase. Prices are stated exclusive of VAT and other applicable taxes, which are added at checkout where applicable.
4.2Services are billed in advance on a recurring (monthly or annual) basis until cancelled. We accept payment by card (via Stripe), cryptocurrency (via Cryptomus), and bank wire transfer.
4.3Cryptocurrency and wire payments are final and non-reversible once confirmed. See our Refund and Billing Policy for details.
4.4If payment is not received by the due date, we may suspend the Services after notice and, following continued non-payment, terminate the Account and delete associated Content. Reactivation may incur a fee.
4.5We may change prices on renewal. We will provide reasonable advance notice of price changes affecting your recurring fees.
4.6You are responsible for all chargebacks, reversals, and associated fees arising from your payment instruments. Initiating an unwarranted chargeback is a material breach of these Terms.
5ACCEPTABLE USE AND FAIR USAGE
5.1Your use of the Services is subject to the AUP and the Fair Usage Policy, both of which are incorporated into these Terms.
5.2We may investigate suspected violations and may suspend, throttle, or terminate the Services, with or without notice depending on severity, where we reasonably determine a violation has occurred or where continued operation poses a risk to our network, other customers, or third parties.
5.3You are responsible for the actions of all users of your Services, including, in the case of resellers, your own end customers.
6CUSTOMER CONTENT AND RESPONSIBILITIES
6.1You retain all rights in your Content. You grant us a limited license to host, process, and transmit your Content solely as necessary to provide the Services.
6.2You represent and warrant that you have all rights necessary to use your Content with the Services and that your Content and its use do not violate any law or third-party right.
6.3You are solely responsible for maintaining backups of your Content. While we may offer snapshot or backup features, we do not warrant against data loss and are not a substitute for your own backup strategy.
7SUSPENSION AND TERMINATION
7.1You may cancel the Services at any time through your Account. Cancellation takes effect at the end of the current billing period unless stated otherwise.
7.2We may suspend or terminate the Services immediately for: (a) material breach of these Terms, the AUP, or the Fair Usage Policy; (b) non-payment; (c) conduct that poses a security, legal, or operational risk; or (d) where required by law or a competent authority.
7.3Upon termination, your right to use the Services ceases and we may delete your Content after a reasonable period. You remain liable for fees accrued before termination.
8SERVICE LEVELS
Availability commitments and your exclusive remedies for downtime are set out in the SLA. Service credits under the SLA are your sole and exclusive remedy for any failure to meet availability targets.
9WARRANTIES AND DISCLAIMERS
9.1THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DATA LOSS, OR THAT DEFECTS WILL BE CORRECTED.
9.3You acknowledge that you are responsible for the security and configuration of your own deployments and that no infrastructure provider can guarantee absolute security.
10LIMITATION OF LIABILITY
10.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ixnodes BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US FOR THE AFFECTED SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10.3These limitations apply regardless of the form of action and survive any failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations; in such cases our liability is limited to the maximum extent permitted.
11INDEMNIFICATION
You will defend, indemnify, and hold harmless ixnodes, Innovatex Digital FZCO, and our officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Content; (b) your use of the Services; (c) your violation of these Terms, the AUP, or the Fair Usage Policy; (d) your violation of any law or third-party right; and (e) in the case of resellers, the acts and omissions of your end customers.
12FORCE MAJEURE
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, network or utility failures, attacks on our infrastructure, or failures of upstream providers.
13CONFIDENTIALITY
Each party will protect the other's non-public information disclosed in connection with the Services and use it only as necessary to perform under these Terms.
14CHANGES TO THESE TERMS
We may revise these Terms from time to time. Material changes will be notified by email or through the customer portal. Continued use of the Services after changes take effect constitutes acceptance.
15GOVERNING LAW AND DISPUTE RESOLUTION
15.1These Terms are governed by the laws of the United Arab Emirates as applied in the IFZA / Dubai free zone, without regard to conflict-of-laws principles.
15.2The courts of competent jurisdiction in Dubai, UAE shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, subject to any mandatory consumer protection rights you may have in your country of residence.
15.3Arbitration (optional). For business and commercial disputes, either party may elect to resolve a dispute arising out of or relating to these Terms by final and binding arbitration administered by the Dubai International Arbitration Centre (DIAC) under its Arbitration Rules. The seat of arbitration shall be Dubai, UAE; the tribunal shall consist of one (1) arbitrator; and the language of the arbitration shall be English. This option does not override any mandatory consumer-protection rights you may have in your country of residence, and either party may still seek urgent injunctive or interim relief from the courts identified in Section 15.2.
16GENERAL
16.1These Terms, together with the incorporated policies, constitute the entire agreement between you and us regarding the Services.
16.2If any provision is held unenforceable, the remaining provisions remain in full effect.
16.3Our failure to enforce any right is not a waiver.
16.4You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
16.5Notices to us should be sent to the contact address below.