Terms of Service - DevOps Platform

These Terms of Service ("Terms") govern your access to and use of the DevOps platform ("Platform") provided by TobysTech (Pty.) Ltd. ("TobysTech", "we", "us", or "our").

Opening Notes

Before diving into the formal terms below, TobysTech wants to set the tone for how we work with our clients. These Terms exist to keep things clear and fair, not to create obstacles.

We are committed to fairness in how we run the Platform and support our clients. If you run into an issue that these Terms don't quite fit, or you believe your situation warrants special consideration, we're open to discussing negotiated solutions or special arrangements where there's a valid reason to do so. We'd rather work through a problem with you than let it turn into a dispute.

If something isn't working for you, please reach out to our customer support team to raise the issue or concern; that's the fastest way for us to understand what's happening and find a fair resolution.

Please note that any special arrangement, accommodation, or exception made for one client is made at TobysTech's discretion for that specific situation and does not establish a precedent or entitlement for other clients.

1. Definitions

• "Platform" refers to TobysTech's DevOps platform, including all related software, tools, interfaces, APIs, and services.
• "Client" or "you" refers to any individual or entity using the Platform.
• "Client Content" refers to code, data, or materials created by the Client using the Platform.
• "TobysTech Content" refers to the Platform itself, its components, tools, automations, and any intellectual property owned by TobysTech.
• "User" refers to any individual accessing the Platform under Client's account.

2. Platform Access and Account Security

• 2.1 Account Creation: To use the Platform, you need to create an account and provide accurate information. You are responsible for maintaining the security of your account.
• 2.2 Account Credentials: You are responsible for all activities that occur under your account credentials and must notify TobysTech immediately of any unauthorized use of your account.
• 2.3 Access Termination: TobysTech reserves the right to suspend or terminate access to the Platform at its sole discretion, with or without notice.
• 2.4 Service Availability: TobysTech does not guarantee uninterrupted, timely, or error-free access to the Platform. Periodic maintenance, updates, or technical issues may result in temporary unavailability.

3. Acceptable Use

• 3.1 Compliance: You agree to use the Platform in compliance with all applicable laws and these Terms.
• 3.2 Prohibited Activities: You may not:
  • Use the Platform to develop applications that violate any laws or regulations
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Interfere with or disrupt the integrity or performance of the Platform
  • Circumvent or attempt to circumvent any limitations or security features of the Platform
  • Use the Platform to transmit malware, viruses, or other harmful code
  • Reverse engineer or disassemble any part of the Platform

4. Fees and Payment

• 4.1 Fees: Use of the Platform may be subject to fees either standard fees as shown on the landing page or custom agreed upon fees.
• The standard fees shown on the landing page are indicative guidelines only, and actual billing is negotiated on an account-by-account basis. Rates charged may differ between accounts based on usage, historical usage, or other relevant factors, and may not correspond to the rates shown in the landing page guidelines.
• Both custom negotiated fees and standard rates may be adjusted over time.
• Invoices are issued on the 1st of the month and cover the upcoming month. Invoices can be viewed by clicking the 'Invoices' button (after clicking the buttons 'Deployments' -> 'Finalise' on the landing page).
• Invoices are expected to be paid within 10 days after the 1st of the month. Failure to do so may result in actions, including the account being frozen.
• 4.2 Third-Party Costs: You are solely responsible for all costs and fees associated with third-party services used in connection with your use of the Platform, including but not limited to cloud computing services, API usage, and domain registration.
• 4.3 Cost Monitoring: While the Platform may include features to help monitor costs, you remain fully responsible for monitoring and controlling all third-party costs incurred through your use of the Platform.
• 4.4. Overpayments and Refunds:
• If you pay more than the amount due, a processing fee of EUR25 plus any banking fees incurred by TobysTech will be deducted. The remaining funds will be paid back.
• It is the client's responsibility to notify TobysTech about overpaying and request a refund. Refunds will be processed within 30 days of identifying the overpayment.
• If the amount overpaid is less than the processing fee plus probable banking fees, this negligable amount will be retained to cover administrative costs and therefore no refund will be paid out.

5. Termination

• 5.1. Termination Process: To deactivate an account the client is expected to contact TobysTech.
• No termination fees or extra fees will be charged on or after the date of termination if the termination request is sent prior to the last 5 days before the end of the month. I.e., The client should cancel before the last 5 days of the month (to not have to pay the invoice that will be generated on the 1st of the next month).
• If a termination request is sent during the last 5 days of the month, the client may be due to pay for the upcoming month, after which no additional fees will be charged.
• An exception is if a rate change took place, in which case the client may send a termination request 10 days after receiving the updated rate (from the invoice issued at the start of the month). The client will not be required to pay for the given month if the client sends a termination request within the above stated extended notice period.
• 5.2 Termination by TobysTech: TobysTech may terminate these Terms at any time.
• 5.3 Effect of Termination: Upon termination:
• Your right to access and use the Platform will immediately cease
• You remain responsible for all fees incurred prior to termination
• Sections such as intellectual property rights that by their nature should survive termination shall survive
• TobysTech will not take down or remove any third-party resources associated with your account or deployments. In most cases your system will continue to run without interruption, as the Platform's role is primarily to assist with updates and management rather than to host or operate the underlying infrastructure. Following termination, you may continue using what has been built on those third-party resources, or you will be responsible for shutting them down yourself; TobysTech is not obligated to do so on your behalf.

6. Intellectual Property Rights

• 6.1 TobysTech Ownership: TobysTech retains all right, title, and interest in and to the Platform, including all associated intellectual property rights. These Terms do not grant you any rights to the Platform except for the limited right to use it as specified in these Terms.
• 6.2 Client Ownership: You retain ownership of Client Content that you create, develop, or upload to the Platform.
• 6.3 License to TobysTech: You grant TobysTech a non-exclusive, worldwide, royalty-free license to process, store, and use Client Content for the purpose of providing and improving the Platform.
• 6.4 No Obligation for Continued Access: TobysTech is not obligated to provide indefinite access to the Platform or any tools developed on the Platform, even if you have previously used these tools.
• 6.5 Post-Termination Rights: Upon termination of your use of the Platform:
• You may retain and continue to use the Client Content source code you created using the Platform
• You will no longer have access to TobysTech's proprietary tools, automations, or systems
• TobysTech has no obligation to provide you with any TobysTech Content

7. Data and Security

• 7.1 No Guarantees: TobysTech does not guarantee the security, integrity, or protection of any data stored, transmitted, or processed through the Platform.
• 7.2 Client Responsibility: You are solely responsible for:
• Reviewing and testing your applications for security vulnerabilities
• Implementing appropriate security measures to protect your data
• Creating and maintaining additional backups of all critical business data
• Monitoring for and responding to security incidents
• 7.3 Security Best Practices: While TobysTech strives to implement strong security measures, you acknowledge that no system is completely secure, and you agree to implement your own security measures appropriate for the sensitivity of your data.
• 7.4 Data Storage: TobysTech is not obligated to store or retain your codebase or verison history for any specific period. You are responsible for downloading your codebase from past deployments and making backups as needed.

8. Third-Party Services and Billing

• 8.1 Third-Party Terms: Your use of third-party services in connection with the Platform is subject to separate terms between you and the third-party service provider.
• 8.2 Billing Responsibility: You are solely responsible for:
• Monitoring all charges from third-party services
• Shutting down API keys or resources if billing increases unexpectedly
• Managing all payment obligations to third-party service providers
• 8.3 No Agency: TobysTech does not act as an agent for any third-party service provider and has no authority to bind or commit any such provider.

9. Disclaimer of Warranties

• 9.1 "AS IS" Basis: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• 9.2 No Warranties: TOBYSTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• 9.3 No Technical Warranty: OBYSTECH DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10. Limitation of Liability

• 10.1 No Liability: TOBYSTECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• 10.2 Specific Disclaimers: Without limiting the foregoing, TobysTech shall not be liable for:
• Any data loss or corruption
• Any security breaches or unauthorized access to your data
• Any unexpected or excessive billing from third-party services
• Any issues arising from your use or misuse of the Platform
• Any decisions made based on output generated through the Platform

11. Indemnification

• 11.1 Client Indemnification: You agree to indemnify, defend, and hold harmless TobysTech and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or relating to:
• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your Client Content

12. Governing Law and Dispute Resolution

• 12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
• 12.2 Dispute Resolution: Any dispute arising out of or relating to these Terms shall be resolved exclusively in the courts of South Africa.

13. Modifications to Terms

• 13.1 Updates: TobysTech reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform.
• 13.2 Continued Use: Your continued use of the Platform after any changes to these Terms constitutes your acceptance of such changes.

14. General Provisions

• 14.1 Entire Agreement: These Terms constitute the entire agreement (excluding only an agreement on the specific amount to be paid as platform fees) between you and TobysTech regarding the Platform.
• 14.2 No Waiver: No failure or delay by TobysTech in exercising any right under these Terms shall constitute a waiver of that right.
• 14.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• 14.4 Assignment: You may not assign these Terms or any rights or obligations hereunder without TobysTech's prior written consent. TobysTech may assign these Terms without restriction.
• 14.5 Contact: For questions about these Terms, please contact info@tobystech.com.

By accessing or using the Platform, you agree to be bound by these Terms.