Terms of Use

These Terms of Use (the “Terms”) govern access to and use of the Valgix website, customer dashboard, virtual server services, networking features, backups, snapshots, recovery tools, software recipes, HumanPass human-verification services, support, billing features, status information, and any related service that refers to these Terms (collectively, the “Services”).

“Valgix,” “we,” “us,” and “our” mean Valgix, LLC. “Customer,” “you,” and “your” mean the person or legal entity that creates an account, places an order, or uses the Services. A virtual server, associated network resources, backups, snapshots, and add-ons are referred to together as a “Service Instance.”

By creating an account, placing an order, clicking an acceptance control, or using the Services, you agree to these Terms. Our Privacy Policy, Refund Policy, applicable Service-Level Agreement, order summary, and any service-specific terms presented at checkout are incorporated into this agreement. The HumanPass Privacy Addendum is also incorporated when you enable or integrate HumanPass. If documents conflict, the order of precedence is: an individually signed agreement, the applicable order, the SLA for availability remedies, these Terms, and then other policies or addenda, unless a document expressly states otherwise.

If you do not agree, do not create an account, order a Service, or continue using the Services. Mandatory rights available to consumers under applicable law are not restricted by these Terms.

Eligibility

You must be at least 18 years old, or the age of legal majority where you live, and capable of entering into a binding contract. You may not use the Services if doing so is prohibited by applicable law, sanctions, export controls, or a binding order. If you act for a company or another organisation, references to “you” include that organisation.

Accurate information

You must provide accurate, current, and complete account and billing information and keep it updated. We may request reasonable information to verify identity, authority, payment ownership, address, intended use, or compliance. Failure to provide it may delay provisioning or result in rejection, restriction, or suspension.

Account security

You are responsible for credentials, multi-factor authentication settings, API credentials, SSH keys, recovery information, and all activity performed through your account. Keep them confidential, use unique credentials, and notify us promptly if you suspect compromise. You may not sell, lease, share, or transfer an account in a way that conceals the actual user or evades these Terms. We may rely on instructions received from an authenticated account until notified of a compromise.

Service description

Valgix provides cloud infrastructure and related management features. Available locations, operating systems, resource configurations, network speeds, backup and snapshot limits, software recipes, and support options may vary by plan, location, capacity, technical compatibility, and availability.

Orders and acceptance

An order is an offer to purchase the configuration shown in the order summary. An acknowledgement, payment authorisation, or checkout completion does not guarantee provisioning. We accept an order when we begin provisioning or otherwise confirm acceptance. We may reject or cancel an order before acceptance for capacity, security, fraud, compliance, pricing, technical, or operational reasons. If we cancel an unaccepted paid order, the applicable amount will be returned using the original payment route where reasonably possible.

Availability and configuration

Product descriptions and availability shown before checkout are informational until the order is accepted. Equivalent infrastructure may be used where it does not materially reduce the ordered service. A location identifies the service region offered to you; it does not disclose or promise a particular facility, node, host, cluster, or physical device.

Prices and billing periods

Prices are displayed in the stated currency and for the stated billing period. Monthly and annual subscriptions are billed in advance unless checkout states otherwise. Annual discounts apply only to eligible annual orders and do not change the underlying monthly list price. Add-ons, including additional IPv4 addresses, may be separately priced and renew with, or alongside, the related Service Instance.

Subscriptions renew automatically for successive periods until cancelled. By starting a recurring subscription, you authorise the recurring charges shown at checkout, including applicable taxes and approved add-ons. The renewal date and current status shown in the dashboard are provided for convenience; the payment record controls if there is a temporary display discrepancy.

Polar checkout

Valgix uses Polar.sh (“Polar”) to facilitate checkout, recurring billing, payment processing, tax handling, receipts, invoices, refunds, and payment disputes. For purchases where Polar is identified at checkout as merchant of record, Polar is the seller of record for the payment transaction while Valgix remains the provider and operator of the Services. The identity and role shown during checkout control for that transaction.

Your payment relationship with Polar is also subject to Polar's terms and privacy notice. We do not receive or store the full payment card number. Polar may reject a payment, require authentication, or restrict a payment method under its own rules or legal obligations. We are not responsible for a payment method, bank, card network, or Polar declining or delaying a transaction, but we will reasonably assist with issues relating to the Valgix order.

Taxes, price changes, and failed payments

Taxes are calculated based on the information available at checkout and applicable law. You are responsible for accurate tax and billing information and for taxes not collected at checkout where the law places that responsibility on you. Prices may be changed for future purchases or renewal periods. Where required, we will provide advance notice and the change will take effect no earlier than the next renewal.

If a recurring payment fails and the subscription becomes past due, we or Polar may retry the payment. For an affected VPS Service Instance, Valgix ordinarily provides an initial grace period of 48 hours from the time the subscription is reported as past due. During this initial period, the VPS remains available, although we may restrict provisioning, upgrades, add-ons, or other account operations. You remain responsible for all outstanding charges.

If payment has not been recovered by the end of the initial 48-hour period, Valgix may stop the VPS and restrict its management. After the VPS has actually been stopped for non-payment, we ordinarily retain the VPS and its associated data for a further 48 hours. If payment is recovered during this additional period, deletion is cancelled and a VPS that Valgix stopped for non-payment will ordinarily be restarted automatically. A VPS that you had already stopped may remain stopped after payment is recovered.

If payment remains outstanding when the additional 48-hour retention period expires, Valgix may revoke the related subscription and begin permanent deletion of the VPS, its disks, snapshots, assigned network resources, scheduled backup jobs, and related configuration. The standard non-payment lifecycle therefore provides approximately 96 hours in total: 48 hours before suspension and at least 48 further hours before deletion. Asynchronous processing may make these periods longer, but does not create a right to additional time. Once permanent deletion has begun, recovery may be impossible.

These non-payment grace periods do not apply to cancellation requested by you, expiry following cancellation, fraud, abuse, unlawful activity, sanctions, security emergencies, material violations of these Terms, or circumstances where immediate restriction or termination is reasonably necessary. Dashboard deadlines are provided for convenience; you should resolve payment before the earliest displayed deadline.

Provisioning

Provisioning, installation, resizing, recovery, migration, and network assignment are asynchronous operations. A request being accepted means it has entered the workflow; it does not mean the operation is complete. Status may briefly lag behind the underlying operation. Do not rely on a resource until the dashboard reports it as ready and you have verified it for your intended use.

Resource characteristics

CPU, memory, storage, and network values describe the selected plan. Unless a plan expressly states that a resource is dedicated, the underlying platform may be shared. Advertised processor frequency represents the expected range of the underlying class of hardware and is not a promise that every workload will sustain a particular clock speed, benchmark, latency, or throughput.

Upgrades and changes

Eligible Service Instances may be upgraded to a larger plan. An upgrade may require a shutdown, restart, migration, filesystem expansion, operating-system action, or other interruption. Some resource increases, particularly storage expansion, may be irreversible. You are responsible for reviewing the proposed resources, price, billing impact, compatibility, and backup state before confirming. Downgrades or reductions may be unavailable where they cannot be performed safely.

You are responsible for:

• selecting a suitable plan, location, operating system, and configuration;
• administering, patching, hardening, monitoring, and maintaining your operating system, applications, packages, firewall, credentials, and data;
• obtaining all rights, licences, consents, and notices required for your software, workloads, data, users, and communications;
• maintaining independent copies of important data and testing your recovery process;
• activity by your employees, contractors, users, scripts, applications, API clients, compromised credentials, and anyone you permit to use a Service Instance; and
• responding promptly to abuse, security, payment, compliance, or operational notices.

Customer content

You retain ownership of data, software, configurations, and other material you submit to the Services (“Customer Content”). You grant Valgix a limited, non-exclusive licence to host, copy, transmit, back up, restore, inspect, and otherwise process Customer Content only as reasonably necessary to provide, secure, support, improve, and comply with law in relation to the Services. You represent that Customer Content and its use do not violate law or third-party rights.

Our handling of personal data is described in the Privacy Policy. You are the controller or otherwise responsible party for personal data you place inside a Service Instance and must provide any required privacy notices and lawful basis to your own users.

HumanPass and notices to your visitors

If you use HumanPass on a website or application, you are responsible for deciding where it is used, selecting an appropriate verification mode and action, configuring authorised domains, protecting secret keys, verifying response tokens on your server, and complying with privacy, cookie, accessibility, consumer-protection, and other laws that apply to your visitors. The HumanPass Privacy Addendum describes the information HumanPass processes and supplements our Privacy Policy for this service.

If you use HumanPass in invisible mode, you must clearly disclose the use of Valgix HumanPass in your own privacy policy and provide a working link to the HumanPass Privacy Addendum. The notice must be reasonably prominent, available before or when HumanPass begins processing a visitor's request, and explain that HumanPass is used to distinguish legitimate users from automated abuse. You may not hide, obscure, or contradict that notice. Where applicable law requires consent or another step before processing begins, you are responsible for implementing it.

A suitable plain-language disclosure is: “This site uses Valgix HumanPass to protect forms and services from automated abuse. HumanPass processes limited device, browser, network, and verification signals. See the HumanPass Privacy Addendum.” You may adapt this language to your service and legal obligations, but the identification of HumanPass and the link must remain clear.

You must not use, attempt to use, or allow the Services to be used to:

• violate any law, regulation, court order, sanctions programme, export control, or legally binding request;
• distribute malware, ransomware, credential stealers, botnets, destructive code, or command-and-control infrastructure;
• conduct phishing, fraud, impersonation, deceptive schemes, unauthorised payment activity, or collect credentials without informed authorisation;
• send unsolicited bulk messages, operate abusive mailing infrastructure, evade spam controls, or damage the reputation of shared network space;
• attack, disrupt, overload, scan, probe, scrape, intercept, or access systems, accounts, networks, or data without the owner’s permission;
• host or distribute unlawful content, child sexual abuse material, non-consensual intimate material, content that facilitates exploitation, or material that infringes intellectual-property rights;
• operate an open proxy, open relay, public anonymisation endpoint, or similar service in a manner that predictably enables abuse and is not actively secured and monitored;
• bypass quotas, billing, rate limits, access controls, security measures, plan restrictions, or enforcement, including by coordinating multiple accounts;
• interfere with other customers, shared infrastructure, upstream providers, or the stability, security, or reputation of the Services; or
• encourage, assist, or provide a service primarily intended for any prohibited use.

Legitimate security research, testing, scanning, or load testing is allowed only for systems you own or are expressly authorised to test and only where it does not impair the Services or third parties. We may require prior coordination for activity likely to resemble an attack or generate exceptional load.

Investigation and cooperation

We may investigate suspected misuse and preserve or disclose information where reasonably necessary to protect the Services, customers, or third parties; respond to valid legal process; enforce these Terms; or prevent imminent harm. We may request remediation and supporting information. Failure to cooperate may result in restriction or suspension.

Meaning of “unlimited traffic”

Where a plan is described as including “unlimited traffic,” it means that the plan does not have a fixed monthly data-transfer allowance or an automatic overage fee for ordinary, lawful use. It does not mean infinite capacity, dedicated bandwidth, guaranteed sustained throughput, immunity from congestion, or a right to use network resources in a way that materially degrades service for others.

Port speed and actual throughput

An advertised network speed, such as 500 Mbps or 1 Gbps, is the maximum port rate for the selected plan, not a guaranteed continuous transfer rate. Actual performance can vary with protocol overhead, routing, destination, peering, congestion, attack mitigation, workload characteristics, shared capacity, and conditions outside our control.

How fair use is assessed

We do not treat high transfer volume by itself as a violation. We consider actual impact and context, including duration, sustained saturation, congestion, packet rates, abusive destinations or sources, network reputation, repeated impact on other customers, attempts to evade controls, and whether the use is consistent with the ordered service. There is no undisclosed fixed transfer threshold that automatically converts an otherwise compliant workload into abuse.

Response to excessive or harmful use

If use materially affects stability, availability, security, cost, or other customers, we may contact you and request a reduction, scheduling change, configuration change, or move to a more suitable service. Where reasonably possible, we will give notice and an opportunity to correct the issue. We may apply traffic shaping, filtering, rate limiting, temporary null-routing, isolation, or suspension without advance notice where necessary to address an attack, urgent risk, legal duty, or ongoing material impact.

This Fair Use Policy is intended to protect shared service quality, not to penalise legitimate growth. Customers planning sustained high-throughput workloads should contact support so capacity and routing expectations can be reviewed in advance.

We implement safeguards intended to protect the Services, but no infrastructure or transmission method is completely secure. You remain responsible for securing the guest operating system, applications, exposed ports, credentials, and data. Promptly install updates, restrict administrative access, and rotate credentials after a suspected compromise.

Network-layer DDoS mitigation may be included with eligible services. Mitigation is designed to reduce the impact of certain attacks; it is not a guarantee that every attack will be detected, absorbed, or mitigated without interruption. During an attack or security event, traffic may be filtered, rerouted, rate-limited, or temporarily null-routed. Application-layer protection is your responsibility unless expressly included in an order.

You must notify us promptly of a vulnerability or incident affecting the Services and must not publicly disclose a vulnerability before we have had a reasonable opportunity to investigate and remediate it. This does not restrict legally protected good-faith security research.

IP addresses, reverse DNS entries, hostnames, and other network identifiers are assigned for use with the Services; they are not sold or transferred to you. You do not acquire ownership or portability rights. We may replace, reassign, quarantine, or withdraw an address where reasonably required by capacity, routing, reputation, security, law, an upstream provider, or service termination. We will provide notice where reasonably practicable.

Additional IPv4 addresses are subject to availability, plan limits, technical justification where required, and separate recurring charges. You are responsible for configuration inside the operating system and for removing dependencies before cancelling an address. The primary address may not be removable while the Service Instance remains active.

You must not use assigned addresses in a way that causes blocklisting or reputation harm. If reputation damage results from your use, you must remediate it. Replacement is not guaranteed and does not remove responsibility for abuse or outstanding charges.

Automatic protection

Eligible plans include scheduled backups with a retention count shown in the plan or dashboard. The schedule may be created automatically with the Service Instance. Restore points older than the retention limit may be replaced automatically. You may also be able to request an additional on-demand run. While a new restore point is being created, the most recent completed restore points remain available according to the retention terms of the plan.

Geo-redundant protection

Where geo-redundant backup protection is stated, backup copies are replicated beyond a single geographic storage location. This design avoids reliance on one storage location and protects completed restore points against location-specific failures. A backup may be shown as processing or migrating while replication and integrity work is in progress. It becomes available for recovery after the dashboard reports that the required protection is complete.

State of running applications

A backup captures the server disk at a point in time. If your applications remain running during capture, information held only in memory, in-flight transactions, buffered or pending writes, open files, and database state that has not been safely committed may not be represented consistently. This limitation concerns the live state of software operated by you at the moment of capture; it does not concern the geographic protection of a completed restore point.

You are responsible for any application-aware preparation required by your workload, such as flushing writes, creating database checkpoints, pausing a service, or using the application's own backup procedure. After recovery, an application may need to replay its journal or perform its normal consistency checks before returning to service.

Snapshots

Snapshots are short-term point-in-time copies intended for operational rollback. Snapshot limits depend on the selected plan. They may rely on the same platform or storage domain as the source and are not a replacement for scheduled geo-redundant backups. The same application-consistency considerations apply when software is running during snapshot creation.

Retention and deletion

Deleting or terminating a Service Instance may permanently delete its backup schedule, backups, snapshots, replicas, and recovery metadata. Replicated deletion may complete asynchronously. Do not cancel or delete a Service until you have exported everything you need.

Browser console, recovery mode, password reset, hostname change, restart, power controls, and operating-system reinstall are administrative tools. Availability depends on the state of the Service and underlying operation. Console sessions may be time-limited and are intended only for authorised access to your own Service Instance.

A reinstall replaces the operating system and may permanently erase disks, configuration, credentials, and Customer Content. Recovery mode can change boot behaviour and temporarily interrupt service. Password changes may invalidate existing access. You must review confirmation messages, preserve required data, and understand the consequence before submitting any destructive or security-sensitive action.

We may temporarily disable management actions during maintenance, incidents, suspected compromise, payment restriction, or where an operation is already in progress. A disabled control does not change your obligation to secure or back up the workload.

Community software

The Recipe deployment feature lets users deploy software scripts and configurations published by Valgix or community publishers. Recipes can request values, including sensitive values, and can execute with administrator or equivalent privileges inside the selected Service Instance. Running a recipe can install packages, change system configuration, expose network services, read accessible data, and affect availability.

Unless a recipe is expressly identified as provided and warranted by Valgix, it is third-party community content. A verified or authorised publisher mark indicates an account status or review signal; it is not a guarantee that a recipe is secure, error-free, suitable, continuously maintained, or compatible with your workload. You must review the publisher, requested values, permissions, version, changelog, compatibility, and consequences before deployment. Never provide a secret that is not reasonably required for the stated function.

Publisher obligations

A publisher must have the rights to every recipe, logo, description, dependency, and other submitted material; provide accurate compatibility and change information; avoid hidden or misleading behaviour; request only necessary values; handle secrets safely; and comply with these Terms and law. Publishers grant Valgix a worldwide, non-exclusive, royalty-free licence to host, reproduce, test, scan, display, distribute, execute, and make the recipe available for the operation and promotion of the marketplace.

We may review, reject, block, hide, archive, or remove a recipe, version, publisher, or category for security, quality, legal, abuse, compatibility, or operational reasons. Archiving may be irreversible and removes the recipe from new deployment, while historical installation and earnings records may be retained for accounting, security, disputes, and analytics. Removal does not automatically undo software already deployed to a customer server.

Publisher programmes

Any publisher verification, analytics, points, estimated earnings, monetisation, or payout programme is subject to separate eligibility, anti-fraud review, calculation, tax, and payout terms. Dashboard estimates are not a promise of payment and may be corrected for fraud, duplication, failed or reversed activity, error, or policy breach.

Support is provided through the channels and working hours shown in the dashboard or on the Site. Support availability, response targets, and scope may differ by plan and do not guarantee resolution within a particular period unless expressly stated in a separate written support commitment. Outside working hours, messages may be accepted for later review.

We may perform scheduled or emergency maintenance and may restart, migrate, isolate, or temporarily restrict Services where reasonably necessary for security, stability, capacity, legal compliance, or repair. We will provide notice when reasonably practicable, but emergency work may occur without advance notice.

Support does not include administration of your application, debugging third-party code, data recovery not supported by an available restore point, or guarantees about software installed by you or a community recipe, unless separately agreed.

The Status & SLA area may display service state, response-time measurements, incidents, affected services, and infrastructure relevant to your active Service Instances. Monitoring data can be delayed, sampled, incomplete, or affected by the monitoring location and does not by itself determine whether the SLA has been met.

An availability target, including 99.9%, is governed exclusively by the applicable Service-Level Agreement. The SLA defines the measurement period, covered service, exclusions, claim process, eligibility, and service-credit or compensation remedy. Marketing statements, live status, individual probe results, or an incident entry do not expand the SLA. Unless expressly stated in a signed agreement, Valgix does not promise 100% uninterrupted availability.

To seek an SLA remedy, you must follow the claim process and time limit in the SLA and provide information reasonably requested to validate impact. SLA credits are the sole contractual remedy for availability below the published target, except where applicable law does not permit that limitation.

The Services depend on third parties, including Polar for checkout and billing and providers of connectivity, datacentres, security, monitoring, support, email, identity, and software. Third-party services may be subject to separate terms, privacy notices, licences, acceptable-use rules, geographic restrictions, or service changes.

We are responsible for selecting and managing our providers with reasonable care, but we do not control every third-party network, payment method, operating-system image, package repository, community project, or destination on the Internet. A third-party failure does not excuse obligations that remain within our reasonable control, but it may affect performance, availability, payment, provisioning, or a feature and may be treated under the SLA according to its exclusions.

Links or integrations do not imply endorsement. Your direct use of a third-party product, licence, or account is between you and that provider. You are responsible for reviewing its terms before connecting it to the Services.

We may reject an action, restrict features, isolate traffic, suspend a Service Instance, or suspend an account where reasonably necessary to address: suspected breach of these Terms; non-payment; fraud; compromise; attack; material operational impact; legal or regulatory duty; sanctions risk; harm to a person, network, or reputation; or a valid request from an authority or upstream provider.

Where the risk is not urgent, we will ordinarily provide notice and a reasonable opportunity to remedy it. We may act immediately and without notice where delay could increase harm, compromise evidence, violate law, affect other customers, or prevent effective mitigation. Suspension does not necessarily stop recurring charges because reserved resources and associated costs may continue.

We may remove malicious content, block ports or destinations, rotate or withdraw compromised credentials, and preserve relevant records. We will restore access after the issue is remedied where restoration is safe, lawful, technically possible, and consistent with these Terms. Repeated or serious violations may result in termination.

Cancellation by you

You may cancel renewal through the dashboard where available. Unless checkout, the Refund Policy, or mandatory law states otherwise, cancellation stops future renewal and the Service continues until the end of the paid billing period. Removing an add-on may take effect at the end of its billing period. Merely stopping or not using a server does not cancel it.

Termination by Valgix

We may terminate a Service or account for material or repeated breach, unresolved non-payment, fraud, unlawful use, serious security risk, sanctions, abuse, or where we are legally or operationally unable to continue the Service. Except for urgent or serious cases, we will provide reasonable notice. We may discontinue a product for business or technical reasons with reasonable advance notice and, where appropriate, offer migration, a substitute, or a pro-rata refund for prepaid unused service.

Data deletion and export

At expiry or termination, the Service Instance and its disks, IP assignments, scheduled backups, backup copies, snapshots, console sessions, recovery state, and associated configuration may be permanently deleted. Deletion can begin immediately after the effective termination time and may be irreversible. For termination caused solely by an unresolved recurring-payment failure, the non-payment grace and retention periods stated in Section 4 ordinarily apply. In all other cases, we are not required to retain data for a grace period unless expressly stated. You must export data and remove dependencies before cancellation.

Sections that by their nature should survive termination—including payment duties, ownership, disclaimers, liability limitations, indemnity, dispute terms, and record retention—will survive.

Refund eligibility and procedure are governed by the Refund Policy displayed on the Site or at purchase and by mandatory consumer law. Unless that policy or law provides otherwise, recurring subscription charges, completed billing periods, consumed add-ons, assigned network resources, and Services terminated for breach are not automatically refundable.

Requesting cancellation does not itself create a refund. Approved refunds are sent through the original payment route and can take additional time to appear depending on Polar, the payment network, and your financial institution. Service credits issued under an SLA are not cash refunds and cannot be transferred unless the SLA says otherwise.

Before initiating a chargeback, contact support so we can investigate. This does not limit a lawful right to dispute a transaction. Fraudulent or abusive disputes may result in suspension and recovery of reasonable costs to the extent permitted by law.

Valgix and its licensors own the Services, Site, dashboard, designs, software, documentation, trademarks, logos, and other materials we provide, excluding Customer Content and third-party content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for your internal business or personal purposes during the applicable subscription.

You may not copy, resell, sublicense, reverse engineer, circumvent, scrape, or create derivative works from the Services except where expressly allowed or where applicable law grants a non-waivable right. You may not use Valgix marks in a way that suggests endorsement or affiliation without permission.

If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation. This does not transfer ownership of your Customer Content or a community recipe, which remains subject to the specific licence above.

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. Except for an express commitment in an applicable order or SLA, we disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, and results.

We do not warrant that any operating system, recipe, snapshot, recovery tool, security control, DDoS mitigation, third-party software, or Internet route will be suitable for your use, free from vulnerabilities, or continuously available. A backup taken while Customer software is running may not preserve uncommitted or in-memory application state consistently, as described in Section 11. You are responsible for evaluating the Services for your risk, regulatory, security, performance, and continuity requirements.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded, including mandatory consumer protections.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profits, revenue, business, contracts, goodwill, anticipated savings, or data, arising from or relating to the Services, even if advised that such loss was possible.

To the maximum extent permitted by law, Valgix’s total aggregate liability arising from or relating to the Services and these Terms will not exceed the greater of EUR 100 or the amount you paid for the affected Services during the 12 months immediately before the event giving rise to the claim. Amounts paid as SLA credits or refunds for the same event count toward that limit.

The exclusions and cap do not apply to liability that cannot lawfully be limited, including liability for fraud, wilful misconduct, death or personal injury caused by negligence where applicable law prohibits limitation, or mandatory consumer rights. The limitations reflect the allocation of risk and apply even if a limited remedy fails of its essential purpose.

If you use the Services for business purposes, you will defend and indemnify Valgix, its affiliates, personnel, and providers against third-party claims, damages, penalties, and reasonable costs arising from Customer Content, your workload, your users, your violation of law or these Terms, or infringement of third-party rights, except to the extent caused by Valgix’s breach, negligence, or wilful misconduct.

We will notify you of a covered claim, allow reasonable control of the defence and settlement, and cooperate at your expense. You may not settle a claim in a way that admits fault by, imposes obligations on, or restricts Valgix without our written consent. This section applies to consumers only to the extent permitted by applicable law.

Changes to the Services and Terms

We may add, modify, or retire features to improve security, reliability, usability, compliance, or sustainability. We will provide reasonable notice of a material reduction to a paid Service where practicable. Beta, preview, experimental, or free features may be changed or withdrawn at any time and may not be covered by the SLA.

We may update these Terms. Material changes will be notified through the Site, dashboard, email, or another reasonable channel before taking effect where required. Continuing to use the Services after the effective date constitutes acceptance, but changes will not retroactively alter accrued payment or dispute rights. If you do not accept a material change, you may cancel before it takes effect.

Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, terrorism, civil disorder, widespread Internet or power failure, labour action, epidemic, government action, sanctions, upstream network or datacentre failure, or an attack that could not reasonably be prevented. Payment obligations for Services already provided are not excused.

Notices

We may send operational and legal notices to the email on your account, through the dashboard, or by publication where appropriate. You must keep your contact information current. Notices to Valgix may be submitted through the authenticated support channel or the current legal contact method published on the Site.

Assignment and relationship

You may not assign these Terms or an account without our written consent. We may assign them in connection with a merger, acquisition, reorganisation, financing, or sale of all or part of our business, or to an affiliate, provided your mandatory rights are not reduced. The parties are independent contractors; these Terms do not create a partnership, employment, agency, or fiduciary relationship.

Governing law and disputes

These Terms are governed by the laws applicable at the registered seat of Valgix, LLC, without regard to conflict-of-law rules. Courts with jurisdiction over that seat will have exclusive jurisdiction, except that a consumer may bring a claim in another forum where mandatory consumer law permits or requires it. Before filing a formal claim, each party should give the other a reasonable opportunity to resolve the dispute informally.

Entire agreement and severability

These Terms and the incorporated documents are the entire agreement concerning the Services and replace prior discussions on the same subject. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience and “including” means “including without limitation.”

Contact

Questions about these Terms can be submitted through Support in the authenticated Valgix dashboard or through the current contact method published on the Valgix Site.