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TLDR;

Platform.sh is a hosting solution. We have created a whole, complex, beautiful infrastructure so you can really simply deploy your applications to the cloud.

We automatically configure and run not only your application server but all the services on which it depends (databases, search engines, cache backends, etc.). We offer you a nice web interface as well as APIs to control everything as well as integrations with many third party tools.

THIS IS A METERED SERVICE, BILLING IS USAGE-BASED: These are the terms of our self-service plans. Our services are bundled in nice monthly plans, but the actual billing is based on the actual usage you make of our services.

UPTIME: We try (with a great track record!) to keep our services up all the time, but the self-service plans do not come with guarantees, none, whatsoever. If you need guaranteed uptime you should check out our ENTERPRISE offering.

RESPONSIBILITY: We are not responsible for your use of our service, it is your responsibility to make sure you comply with rules, regulations and such, and not to do anything untowards with it. Be nice. Also, if for some reason your application does not work as well as you would like, or not at all, we are sorry, but the service comes “as-is”. You need to verify Platform.sh corresponds to what you need, and go for ENTERPRISE if you need us to commit to anything else.

SUPPORT: In the same vein, the self-service plans do not include personalized support. We do give support, on a best effort basis, through an online service desk and on public forums. We are sorry but our engineers will simply not take phone calls (if you are using this service you are probably a developer, and do not like taking phone calls either). If your organization needs people they can contact 24/7, again you need to go for our ENTERPRISE offering (which redefines white gloving, our support staff will be more than happy to talk to you!).

/TLDR;

(please, please read the whole thing, this is a contract after all)


OVERVIEW

This service “Platform.sh” is operated by Platform.sh SAS, a French company located at 38, rue du Sentier, Paris, 75002 France, and Platform.sh Inc a Delaware registered corporation, addressed at PO Box 536 Brooklyn, MI 49230 and may include its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and/or licensors (together, referred to throughout these Terms of Service as “Platform.sh or “us” or “we”). Platform.sh offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRODUCTS OR SERVICES

Platform.sh offers You a PaaS (Platform as a Service) service, that will let You host your services on a dedicated instance that is configured and optimized by Platform.sh.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

You commit Yourself to choosing a service that meets Your needs, or those of Your Administrators or Users, to abide by and to assure adherence to the technical specifications and limitations of our services, to assure that the use of our services is done within the limits of the law, and in accordance with our Ethical standards.

Specifically, we call your attention to the fact that, in accordance with applicable law, specifically French law, you must clearly be identifiable to third parties in your function as a web host, if you use our services to host public communication services on line (notably websites or blogs) whether or not you are an editor of these services.

Platform.sh provides you with a management interface that notably allows you, in total autonomy, and under your full responsibility:

  • to subscribe, to modify, and/or to cancel Platform.sh services and options to a more or less powerful plan, throughout the duration of the contract;
  • to manage your hosting instance (and notably publish online, delete, or modify all or some of the content on instance);
  • to modify and update your contact information associated with Platform.sh hosting service.
  • All of those changes may incur additional fees, to which you expressly agree.
  • You understand and agree that some changes can not be done, most notably you may not be able to reduce the amount of storage dedicated to any specific environment or project. In order to reduce storage you may very well need to subscribe to a new Platform.sh project and transition the content from the larger one to the smaller one.

As a reminder, in accordance with our contracts, your access codes, which are private, are under your full and complete responsibility. Platform.sh will not be accountable to misuse by third parties of your account, it is your responsibility to keep your credentials safe.

Platform.sh intervenes, in its role as a technical services provider, for the purpose of ensuring the proper operation of its services, the safety and stability of the system.

In that respect, Platform.sh may intervene under the following circumstances:

  • to provide services included in the subscribed offer,
  • to stop a technical malfunction inherent to our system,
  • to carry out a maintenance operation,
  • in case of trouble affecting the safety and/or the stability of the system: abusive use and/or illegal use of your instance without your rapid reaction by yourself or following a warning from our service (ex: spamming, fraud, hacking, unauthorized access attempts…); obvious damage to, or attempt to damage our infrastructure caused by your instance (ddos, botnet, spamming, …)

In any event, Platform.sh reserves the possibility to interrupt some or all of the service in order to perform a technical intervention, particularly in the case of defective operation, or to improve the operation, or to perform any maintenance operation.

We shall do everything necessary to limit the time of the said interruption as much as possible and, if possible, we shall give you reasonable prior notice, indicating the date, the type and the duration of the intervention, so that you can make all the necessary arrangements.

However, you acknowledge that we will not be able to give you prior notice in the case where the service interruption is due to an external reason (in particular, one that would be inherent to internet itself) or if it is explicitly requested by a competent authority or in application of current French law.

Platform.sh is intended to be used to host websites, web-applications, and web-apis with unmetered bandwidth based on fair-use assumptions. It is not intended to be used as a download service or as a CDN. As such, the self-service offering currently does not limit the bandwidth you may use as long as it falls inside the realm of ordinary usage.

Development environments share resources between themselves and as such are not intended to be used for intensive calculations and regular long running jobs.

Should Platform.sh deem a customer’s account as exceeding fair use bandwidth consumption, or development environment usage. Platform.sh will notify the customer and allow the customer to remedy the problem. However, should a customers’ bandwidth or CPU usage be significantly greater than fair use, Platform.sh reserves the right to suspend or throttle the customers account where appropriate. Platform.sh will discuss available options that could provide better service for the customer.

SECTION 5 - BILLING

Our monthly plans usually include a certain amount of resources (for example 3 included development environments, or 5GB storage). In the future we may change those plans, but we will not change the conditions of your subscription without telling you first. And it will never apply in the same billing period.

You may, at any time, choose the power of your instance, augment its storage capacity, add more services, add users, create new environments (see section 4 - PRODUCTS OR SERVICES for important details). These services may incur additional costs. Currently you can change: the number of users, storage capacity, the number of development environments  and the size of your production plan.  But know that this will change in the future and you will be allowed to change other elements. As such these other elements (for example specifying larger development environments) will have their pricing detailed on http://platform.sh/pricing and may either be billed at a pro-rated hourly rate, on a one time basis, or per billing period.

The prices applied are those that are then-current available on http://platform.sh/pricing. The total bill for each month is calculated at a prorated per hourly usage. With the default billing period being one month.

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Depending on the total estimated amount for the service, we may require pre-payment of part of or the total amount of the estimated current billing period. We may suspend or terminate any service if it was not prepaid to the estimated billing period total. We may also modify the billing period as general policy or on a per-client basis. And as for any other change we apply, the clients are always free to cancel their account at any time.

You can access at any time the estimation of your current billing period (with details for anything that is not included). And we will give you a detailed bill each time you pay.

SECTION 6 - CENSORSHIP

Platform.sh will exercise no control whatsoever over the content of the information passing through the network, email or web site. The client is solely responsible for the services it proposes to end clients through the usage of resources provided by Platform.sh.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the service is governed by our Privacy Policy. To view our Privacy Policy visit https://platform.sh/privacy-policy. We have declared our client database to the appropriate French regulatory body (CNIL) and we comply with all European regulations regarding the storage and management of personal information.

We are not responsible for what you do with your data. You should comply with the appropriate rules and regulations.

SECTION 11 - DISCLOSURES NOTICES AND REFERENCES

You agree that Platform.sh can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Platform.sh account, or mailing them to the address listed in your Platform.sh account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

We agree that you may disclose information about the service publicly or privately, unless otherwise covered by a specific NDA. Including positive or negative appreciations of our service.

You must promptly report any security deficiencies in, or intrusions to, our services as soon as you have been made aware of those. You agree to comply with responsible disclosure practices, and provide us with an initial notice and 45 days to address any security vulnerabilities before publicly disclosing those. You agree that failure to do so would breach this contract.

You agree that, from the time you activate a paying account with Platform.sh until you terminate your account with us, we may identify you as a customer of Platform.sh. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Platform.sh, but you are more than welcome to post a “Hosted on Platform.sh” message anywhere regarding your service.

SECTION 12 - REVERSE ENGINEERING AND OTHER LIMITATIONS

The client may not attempt to (and will not allow others to):

  1. Reverse engineer, decompile, disassemble or translate the Platform.sh service, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Platform.sh service or any portion thereof; Unless specifically authorized in writing by an officer of Platform.sh. In the case specific components of Platform.sh are published as Open Source software, the client agrees to respect the license terms of each component. And agrees that the non-respect of such a license can lead to the immediate termination of the present contract without prejudice.
  2. Interfere with, modify, disrupt or disable features or functionality of Platform.sh, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Platform.sh

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Users residing in countries on the United States Office of Foreign Assets Control sanction list or the Restrictive measures (sanctions) in force of the European Union regarding Internet based services, including Cuba, Iran, North Korea, Sudan and Syria, may not use the Platform.sh service.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Platform.sh, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Platform.sh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws the Commerce Tribunal of Paris.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sayhello@platform.sh

SECTION 23 - THANKS

If you made it until here, well, the person that has written this document thanks your from the bottom of his heart. It is a thankless job writing TOS and such. A necessary thing, but tedious. If any of this is not clear.. well, shoot us an email and we will strive to make it better.


Platform.sh Terms Of Service Version 1.1 March 7th 2016

Changes from Version 1.0 to 1.1

  • Company name change from Commerce Guys to Platform.sh and postal address update
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