Who's agreeing
These Terms of Service (the “Terms”) are a binding agreement between HostAtlas Technologies LLC, a Wyoming limited liability company with registered office at 32 N Gould St., Sheridan, WY 82801, USA (“HostAtlas”, “we”, “us”) and the entity or person creating an account or using the Service (“Customer”, “you”).
By creating an account, installing the agent, or using the Service, you accept these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind that organisation. If you don't agree, don't use the Service.
Your account
Eligibility
You must be at least 13 years old, capable of forming a binding contract, and not barred from receiving services under applicable law. The Service is built for infrastructure operators; we do not knowingly target consumers under 13.
Account security
You are responsible for keeping your credentials confidential, for the activity under your account, and for promptly notifying us at security@hostatlas.app if you suspect unauthorised access.
One account, one party
Don't share an account between unrelated parties. Use the team-member feature; on Enterprise, SSO/SAML.
The service
The Service is the HostAtlas software-as-a-service platform, including the web application, public APIs, the HostAtlas agent, the HostAtlas CLI, the HostAtlas SSH desktop client, and any plugins or addons explicitly offered as part of the Service.
What we do
- Provide the Service substantially as described on our website and in product documentation.
- Make commercially reasonable efforts to maintain availability — see Service level.
- Apply security and privacy safeguards as described in our Privacy Policy and Security page.
What you do
- Use the Service only as permitted by these Terms and the Acceptable Use Policy below.
- Maintain the legal right to install agents on the servers you connect.
- Not use the Service in a way that violates the rights of any third party, applicable law, or the integrity of our infrastructure.
Acceptable use
You agree not to use the Service to:
- Run, host, distribute, or facilitate malware, ransomware, spyware, worms, viruses or destructive code.
- Attack other systems — DDoS, port-scanning at scale, exploiting vulnerabilities, brute-forcing credentials, or any other unauthorised access.
- Manage or monitor servers you don't have permission to manage.
- Send spam or unsolicited bulk communication via integrations we provide.
- Host or transmit content that is illegal in your jurisdiction or in the United States — including child sexual abuse material (CSAM), content that incites violence, or content that infringes intellectual-property rights.
- Reverse-engineer, decompile or attempt to extract the source of the closed-source portions of the Service, except where applicable law expressly permits.
- Crypto-mining on free-tier resources, or any usage pattern designed to extract value asymmetric to the plan.
- Probe, scan or test the vulnerability of the Service except as permitted under our responsible-disclosure programme.
We may suspend or terminate accounts that violate this policy. Where the violation is severe (CSAM, active attack against third parties, etc.) we reserve the right to act immediately and report to authorities.
Your data
Ownership
You retain all rights to the data you upload, generate or pass through the Service (“Customer Data”). We claim no ownership of Customer Data.
Licence to operate
You grant us a worldwide, non-exclusive, royalty-free licence to use, process, store and transmit Customer Data solely as necessary to provide the Service to you and as described in our Privacy Policy. This licence ends when the Customer Data is deleted under our retention policy.
Backups & retention
We retain Customer Data for the retention windows defined by your plan. After account closure we retain Customer Data for 30 days in soft-deleted form to allow account recovery; after that we hard-delete it from production systems and from rolling backups within the standard backup-rotation cycle.
Sub-processors
We use a limited set of sub-processors to provide the Service. The current list is in our Privacy Policy. We will give reasonable notice before adding new sub-processors that handle Customer Data; if you reasonably object, you may terminate without penalty before the change takes effect.
Fees & billing
Plans
Pricing is published at /pricing. The Free tier is free as long as you stay within its limits. Paid plans are charged in advance.
Currency & tax
Prices are quoted in US dollars (USD), exclusive of taxes. We add VAT, sales tax or equivalent where required by law and your billing address. EU customers with a valid VAT ID enter it at checkout — reverse-charge applies where eligible.
Billing cycle
Monthly plans renew every calendar month. Yearly plans renew every twelve months and receive a 20 % discount versus monthly. Renewals are automatic until cancelled.
Refunds
We don't offer pro-rata refunds for partial billing periods on monthly plans. For yearly plans, we will refund unused, full quarters on request, prorated to the day, less any add-on usage already incurred. We will refund in full within the first 14 days of any new paid plan if you ask, no questions.
Late payment
If a payment fails, we'll attempt to retry per the rules of the payment processor. After 14 days of unsuccessful payment we may suspend the account; after 30 days we may terminate it. We will notify you before each step.
Add-ons
Add-on services (e.g. off-site backup storage tiers) are billed separately and renewed alongside the base plan unless cancelled.
Term & termination
Term
The agreement starts when you create an account and runs month-to-month on monthly plans, or for the term of an annual plan. Enterprise contracts are month-to-month by default; longer terms are available by separate written agreement.
Cancellation
You can cancel a paid plan at any time from the billing page. Cancellation takes effect at the end of the current billing period; you keep access until then.
Termination by us
We may suspend or terminate the account if you materially breach these Terms (notably the AUP) or fail to pay. We'll give you reasonable notice and a chance to cure where the law and the situation allow.
Effect of termination
On termination: outstanding fees become payable; Customer Data is retained for 30 days for recovery, then hard-deleted; export tools remain available during the recovery window.
Service level
We target 99.9 % monthly uptime for the Service's production endpoints. We track availability internally and publish status at status.hostatlas.app (when this page is live; otherwise notifications go via email and the in-app banner).
We do not currently offer formal Service Credits. If a sustained outage materially affected your business, contact hello@hostatlas.app; we'll review case-by-case in good faith.
Excluded from uptime calculations: scheduled maintenance announced in advance, force majeure events, factors outside our reasonable control (sub-processor outages we couldn't mitigate), and Customer-caused issues.
Warranties & disclaimer
We warrant that we have the right and authority to provide the Service to you, and that we will not knowingly include material in the Service that infringes third-party intellectual-property rights.
Except as expressly stated above, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted, error-free, or secure.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, loss of profits, loss of data, or business interruption — even if advised of the possibility.
Each party's total aggregate liability arising out of or related to the agreement is capped at the fees the customer paid to hostatlas in the twelve months preceding the event giving rise to the claim, or one hundred us dollars (us$ 100), whichever is greater.
The cap and exclusions do not apply to: (a) breach of the Acceptable Use Policy by Customer; (b) Customer's payment obligations; (c) either party's indemnification obligations; (d) liability that cannot be limited under applicable law.
Indemnification
You will defend, indemnify and hold HostAtlas, its officers and personnel harmless from third-party claims arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Data that infringes a third party's rights, or (c) your violation of the Acceptable Use Policy.
We will defend, indemnify and hold you harmless from third-party claims that the Service, as provided by us and used by you within these Terms, infringes a US-issued patent, copyright or trademark, subject to standard control-of-defence and mitigation rules.
Intellectual property
Our IP
HostAtlas, the HostAtlas brand, our software (closed-source portions), the website content, the marketing site, and our trademarks are owned by us or our licensors. These Terms grant you a non-transferable, non-exclusive licence to use the Service consistent with these Terms — nothing more.
Open-source components
Some components are open-source — primarily the standalone tools (Sentinel, Portwatch, Atlasmap, Dockertop) and integration helpers. These are governed by their respective open-source licences, not these Terms.
Feedback
If you give us feedback, suggestions or feature ideas, we may use them without restriction or compensation, including incorporating them into the Service.
Changes to terms
We may modify these Terms. For material changes (changes that meaningfully reduce your rights or increase your obligations) we'll notify you at least 30 days in advance — by email and an in-app banner. For non-material changes (clarifications, formatting, sub-processor updates) we'll update the “Last updated” date at the top.
If you continue using the Service after a material change takes effect, you accept the new Terms. If you don't agree, you may cancel before the change takes effect for a pro-rata refund of any prepaid fees on yearly plans.
Governing law & disputes
These Terms are governed by the laws of the State of Wyoming, USA, excluding its conflict-of-laws principles.
Disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming. The parties consent to personal jurisdiction and venue in those courts and waive any objection to inconvenient forum.
Nothing in this section prevents either party from seeking equitable relief in any court of competent jurisdiction to protect its intellectual-property rights.
General
Assignment
You may not assign these Terms without our written consent. We may assign to a successor in connection with a merger, acquisition or sale of substantially all assets — we'll notify you.
Entire agreement
These Terms, together with the Privacy Policy and any plan-specific addenda you've signed, are the entire agreement between us regarding the Service. They supersede prior agreements on the same subject.
Severability
If any provision is held unenforceable, the rest remain in force; the unenforceable provision will be reformed to the minimum extent needed.
No waiver
A failure to enforce a provision is not a waiver of the right to enforce it later.
Notices
Legal notices to us must go to legal@hostatlas.app with a copy to our postal address. We send notices to you via the email on your account or in-app banner.
Force majeure
Neither party is liable for delay or failure to perform due to events beyond reasonable control — natural disasters, internet outages, sustained sub-processor failures, war, government action, etc.
Contact
Questions? legal@hostatlas.app.