Terms of Service

01Who you are contracting with

These Terms of Service (the Terms) form a binding agreement between you and Hola Money Sociedad Limitada, a company registered in Spain under NIF B26671347, entered in the Registro Mercantil de Almería at Hoja AL-66006, with registered address at C/ Granada 7, 04820 Vélez-Rubio, Almería, Spain (we, us, CleverOtter).

CleverOtter is a trading name of Hola Money S.L. By creating an account or using the Service you accept these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

02Definitions

• Service — the static site hosting platform, the dashboard at app.cleverotter.eu, the deployment endpoint at push.cleverotter.eu, and the serving infrastructure.
• Your Content — all files, data, domain names and other material you upload, deploy or point at the Service.
• Site — a distinct collection of Your Content published under a hostname.
• Release — a single complete deployment of a Site, retained and individually addressable.
• Visitor — any person or system that requests a Site.

03Your account

You must provide accurate registration details and keep them current. You are responsible for all activity under your account, including activity by anyone you invite and by any deploy token or SSH key you register.

You must keep your credentials secure. SSH private keys and deploy tokens are bearer credentials: anyone holding one can deploy to the Sites it reaches. Tell us immediately at security@cleverotter.eu if you believe a credential has been exposed. You can revoke any key or token yourself from the dashboard, and revocation takes effect on the next connection.

You must be at least 18 years old, or the age of majority where you live, to hold an account.

04What we provide

We host static files and serve them over HTTPS. We provide the storage, the deployment endpoint, the serving infrastructure, automatic TLS certificates and the dashboard, in accordance with the tier you are on.

We do not provide application servers, databases, or any execution of your code at request time. Features described as “coming soon” are not part of the Service and are not sold. Nothing on our website relating to an unreleased feature forms part of this agreement.

05Your content and your responsibilities

You retain all ownership of Your Content. You grant us only the limited licence needed to operate the Service: to store, copy, transmit, compress, cache and serve Your Content to Visitors, and to keep backups. This licence ends when you delete the content, subject to the backup retention period in clause 12.

You are solely responsible for Your Content, and you confirm that you have all rights necessary to publish it and that it does not infringe anyone else's rights or break any law.

You are responsible for your own backups. Retained Releases are an operational convenience, not a backup service. Keep your own copy of anything you cannot recreate.

You are responsible for the DNS records you point at us and for any content served through a custom domain you attach.

06Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which forms part of these Terms. It sets out what may not be hosted or done on the Service, and what happens when it is.

07Fees, billing and tax

Paid tiers are billed monthly in advance. Prices are shown exclusive of VAT. VAT is added where applicable, at the rate of your country of residence for consumers under the EU One-Stop-Shop scheme, or reverse-charged for business customers who supply a valid EU VAT number. CONFIRM: OSS registration in place before selling to EU consumers

Usage above your tier's included allowance is billed in arrears at the rates published on our pricing page. We will notify you by email before charging for overage. We will not suspend a Site solely because it exceeded its bandwidth allowance without first notifying you.

Payments are processed by CONFIRM: payment provider, e.g. Stripe Payments Europe Ltd. We do not store your card details.

You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing period. Except where clause 09 or mandatory law requires otherwise, fees already paid are not refundable.

If payment fails we will attempt to contact you. We may suspend paid features after 14 days of non-payment and delete the account after 60 days.

08The free tier

The free tier is provided at no charge and is not a trial. It has no fixed end date.

Because it is free, it is provided as is, carries no service level commitment, and we may change its allowances or withdraw it entirely on 30 days' notice by email. We may suspend or remove a free account that is inactive for 12 months, after notifying you and giving you a reasonable opportunity to retrieve Your Content.

09Right of withdrawal (consumers)

If you are a consumer in the EU you normally have 14 days to withdraw from a distance contract without giving a reason.

Because the Service is supplied digitally and begins immediately, by subscribing to a paid tier you expressly request that supply begins at once and acknowledge that you lose the right of withdrawal once the service has been fully performed, and that you will pay for what has been supplied up to the point of withdrawal.

To withdraw, email legal@cleverotter.eu within 14 days of subscribing. We will refund within 14 days of receiving your notice, less an amount proportionate to the service supplied.

10Suspension and termination

We may suspend or terminate your account or any Site, with notice where practicable and without notice where not:

• for a breach of these Terms or the Acceptable Use Policy;
• where content is manifestly illegal, or we are required to act by law or a competent authority;
• where your use threatens the stability, security or integrity of the Service or another customer;
• for non-payment, in accordance with clause 07.

Where we suspend or remove content we will give you a statement of reasons as described in our Notice and Action policy, unless prohibited by law, and you may appeal by replying to it.

We will act proportionately. Where a problem is limited to a single Site or a single file, we will not remove your whole account.

You may terminate at any time by deleting your account.

11Getting your content out

Your Sites are ordinary files. You can retrieve them at any time using the same tools you used to upload them, and while your account is active we will not put anything in the way of that.

After termination we will keep Your Content for 30 days, during which you may ask us to restore access so you can retrieve it. After that it is deleted from live systems, and from backups within a further 35 days.

12Backups and data loss

We keep operational backups of our own systems for disaster recovery. These exist to restore our service, are not a per-customer restore service, and we do not guarantee that any particular file or Release can be recovered from them.

We are not liable for loss of Your Content where you have not kept your own copy. This does not limit our liability for data loss caused by our own gross negligence or wilful misconduct.

13Changes to the Service

We develop the Service continuously and may add, change or remove features. Where a change materially and adversely affects a feature you rely on, we will give at least 30 days' notice by email, and you may cancel without penalty and receive a pro-rata refund of any prepaid fees for the remainder of the period.

If we discontinue the Service entirely we will give at least 90 days' notice and keep the deployment and retrieval paths working throughout that period.

14Warranties and disclaimers

We will provide the Service with reasonable skill and care, and in accordance with the Service Level Agreement where it applies to your tier.

Beyond that, and to the fullest extent permitted by law, the Service is provided as is. We do not warrant that it will be uninterrupted or error-free, that it will meet your requirements, or that it is fit for any particular purpose.

Nothing in these Terms excludes or limits your statutory rights as a consumer, or our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

15Limitation of liability

Subject to clause 14, and to the fullest extent permitted by law:

• neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or loss of business opportunity, however arising;
• our total aggregate liability arising out of or in connection with this agreement in any 12-month period is limited to the greater of (a) the fees you paid us in the 12 months before the claim arose, and (b) €100;
• we are not liable for any loss arising from Your Content, from your failure to keep backups, from credentials you exposed, or from DNS or domain configuration outside our control.

If you are a consumer, this clause applies only so far as Spanish consumer law permits.

16Indemnity

If you are using the Service for business purposes, you will indemnify us against any claim, demand, loss, damage, cost or expense (including reasonable legal fees) arising from Your Content, from your use of the Service in breach of these Terms or the Acceptable Use Policy, or from your infringement of a third party's rights.

This clause does not apply to consumers.

17Third parties and sub-processors

We use third-party providers to deliver the Service, including infrastructure, object storage, backups, payment processing and email. They are listed, with their roles and locations, in our Data Processing Agreement. We remain responsible to you for their performance of the parts of the Service they provide.

18Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform this agreement. This does not apply to information that is public through no fault of the receiving party, was already lawfully known, or must be disclosed by law — in which case the disclosing party will be told first, where lawful.

19Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including network and power failures outside our infrastructure, acts of government, industrial action, natural disaster, war, or failures of upstream providers. We will use reasonable efforts to mitigate and to keep you informed.

20Notices and changes to these Terms

We will send notices to the email address on your account; you should send notices to legal@cleverotter.eu. You must keep your email address current.

We may change these Terms. For changes that materially affect your rights we will give 30 days' notice by email, and continuing to use the Service after they take effect means you accept them. If you do not accept, you may terminate before they take effect and receive a pro-rata refund of prepaid fees. Changes required by law may take effect sooner where necessary.

21Assignment, severability, entire agreement

You may not assign this agreement without our written consent. We may assign it to a successor in connection with a merger, acquisition or sale of assets, on notice to you.

If any provision is found unenforceable, the rest remains in force and the provision is replaced by one that comes closest to its intent.

These Terms, together with the Acceptable Use Policy, Privacy Policy, Data Processing Agreement and (where applicable) the Service Level Agreement, are the entire agreement between us on this subject.

22Governing law and disputes

This agreement is governed by Spanish law. The courts of Almería, Spain have exclusive jurisdiction over business customers.

If you are a consumer, you may bring proceedings in the courts of your country of residence, and mandatory consumer protections of that country continue to apply. You may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

Before starting proceedings we ask that you contact us at legal@cleverotter.eu so we can try to resolve the matter directly.