Terms of Service

Who we are

devXY Cloud is run by:

Email: mail@devxy.io
UID / VAT number: CHE-222.465.236 MWST

"We" means devXY GmbH. "You" means the person or organization using devXY Cloud. By creating an organization or using devXY Cloud, you agree to these terms. If you accept these terms for an organization, you confirm that you may do so.

Scope

devXY Cloud runs managed applications for your organization on our infrastructure. These terms cover devXY Cloud and the portal at cloud.devxy.io. They do not cover consulting or other services we provide under a separate agreement. If you have a separate written agreement with us for devXY Cloud, it takes precedence where it differs.

Our Data Processing Agreement forms part of these terms. See also our Privacy Policy and Refund Policy.

Paddle

Our online reseller Paddle.com is the merchant of record for all orders. Paddle sells devXY Cloud to you, takes payment, issues receipts and invoices, handles VAT and sales tax, and handles refunds.Paddle's Buyer Terms also apply to your purchase. We are responsible for the service itself.

Your account

You use devXY Cloud through an organization in the portal. Its owners and admins manage resources, budgets, billing and members.

Keep your sign-in details secure and your account and billing details correct. You are responsible for what happens in your organization. Tell us at mail@devxy.io if you suspect unauthorized access.

Free trial

A new organization may start with a free trial. The portal shows when it ends and which resources it includes. You need no payment details for the trial, and trial usage is never charged.

Set up billing before the trial ends to keep using devXY Cloud. Otherwise your applications are stopped. Setting up billing ends the trial, and usage is charged from then on.

Prices and billing

Prices are on the pricing page. Agreed rates or discounts are shown on your billing page. Prices exclude taxes, which Paddle adds where required.

You pay for:

• the number of apps you select;
• the size of the shared compute pool you select; and
• the storage provisioned for your instances.

Apps and the compute pool are metered per hour. Each hour is charged at the highest level you selected in it. Increases apply at once, decreases from the next hour.

Each instance includes 10 GiB of storage. Beyond that, storage is charged in steps of 10 GiB at the monthly rate shown in the portal. An instance's storage grows automatically as it fills and does not shrink when you delete data. Storage is charged as long as the data exists, even while compute is stopped.

After each month, we prepare a statement of that month's usage. Paddle charges it to your organization's payment method, or invoices it if you pay by invoice.

To set up billing, you buy a base subscription through Paddle's checkout. This stores your payment method. What you pay each month depends on your usage, not on a fixed plan.

Usage is calculated in the currency shown on the pricing and billing pages. If you pick a different payment currency on the billing page, Paddle converts the amount at its own rate when it charges you.

We email owners and admins at least 30 days before a price increase. A closed monthly statement is never repriced.

Budgets

Owners and admins can set a monthly warning amount and a hard cap. Budgets reset on the first day of each month at 00:00 UTC. They exclude taxes and trial usage.

When the hard cap is reached, we stop your compute. Your data is kept, and storage is still charged. A hard cap is a safeguard, not a guaranteed maximum: usage can still exceed it if enforcement is delayed, and all incurred usage must be paid.

Paying by invoice

An owner or admin can ask to pay by invoice instead of by card. We check the company first, and we may decline or later withdraw invoicing. Until we approve, any card on file keeps being charged.

Invoices are issued by Paddle in euros by default, or in US dollars or pounds sterling if you choose, because Paddle cannot invoice in Swiss francs. Pay them within the terms stated on the invoice.

Late or failed payment

If a payment fails, update your payment method through the link on the billing page. If an invoice is overdue, please pay it.

If your subscription stays unpaid:

• at least 7 days after the paid period ends, your applications may become read-only;
• after at least 14 more days, they may be suspended; and
• after at least 14 more days, your applications and data may be deleted.

Paying while the subscription is still active restores normal service. If Paddle cancels the subscription because payments keep failing, the cancellation rules below apply. Unpaid amounts remain due in every case.

Cancellation

You can cancel at any time through the link on the billing page. The cancellation takes effect at the end of the current billing period, as Paddle's Buyer Terms describe. Usage until then is charged. There is no minimum term and no cancellation fee.

When the cancellation takes effect, your applications stop and you lose access. Export your data before then. We delete it after at least 14 days.

To stop compute charges without cancelling, set apps and the compute pool to zero. Storage is still charged until the data is deleted.

We may suspend or end your access if you seriously breach these terms, do not pay, or if the law requires it. Where possible, we warn you first and give you time to fix the problem. We may also end devXY Cloud or our contract with you for any other reason with at least 30 days' notice by email.

Your data

Your data stays yours. We use it only to host, process, back up and transfer it for the service. You must have the right to store it, and you are responsible for exporting what you want to keep. Our Privacy Policy explains how we handle personal data.

For the personal data you store in your applications, you are the controller and we process it on your behalf. Our Data Processing Agreement sets out how, and forms part of these terms. It takes precedence over these terms where they conflict on that processing.

Acceptable use

Do not use devXY Cloud to:

• break the law or infringe the rights of others;
• spread malware, send spam, or attack other systems;
• mine cryptocurrency or create load unrelated to your applications; or
• get around metering, budgets, or the separation between organizations.

We may suspend affected resources at once to protect the service or others, and we will tell you when we do.

Availability

We aim to keep devXY Cloud available and secure, but we cannot guarantee it will never be interrupted, unless we have agreed a service level with you in writing. Maintenance, updates and events outside our control can cause interruptions.

We may change the service, including which applications and versions we offer. We give reasonable notice before changes that significantly reduce what you rely on.

Liability

We are fully liable for damage we cause intentionally or through gross negligence, and for personal injury. Otherwise, our total liability is limited to what you paid us in the 12 months before the claim arose. As far as the law allows, we are not liable for indirect damage, lost profits, or data loss that backups would have prevented. This does not limit liability or consumer rights that the law does not allow us to limit.

Changes to these terms

We may update these terms. We email owners and admins at least 30 days before an important change takes effect, and you may cancel before then. The current version is always on this page.

Governing law

Swiss law applies, without its conflict-of-laws rules and without the UN Convention on Contracts for the International Sale of Goods. The courts at the registered seat of devXY GmbH in Baar, Canton of Zug, Switzerland, have exclusive jurisdiction. If you are a consumer, you keep the protection of the mandatory law of your country and may sue there.

If part of these terms is invalid, the rest still applies.