Terms of Service

Subject to these Terms of Service (this "Agreement"), Edgenivo, Inc. ("Edgenivo", "we", "us" and/or "our") provides access to Edgenivo's Services. “Services” means, collectively, any products or services made available by Edgenivo or its affiliates; provided that, your use of certain Services requires acceptance of additional terms set out in Service Terms and to the extent you access or use the Services through an API, the API terms apply; and provided further, that, for the avoidance of doubt, any software that we provide exclusively under open source licenses (including, without limitation, Next.js) are not covered by this Agreement. By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the term "you" or “Customer” shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU (A) TO RESOLVE DISPUTES WITH EDGENIVO THROUGH FINAL AND BINDING ARBITRATION AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER AS EXPLAINED BY THIS AGREEMENT.

Copy link to heading1. Age and Eligibility

You certify that you are a person at least 16 years of age. Services may only be used or accessed through an electronic device controlled by you at all times. A valid Edgenivo account may only be created and maintained if you provide valid information in the signup process, and you regularly update such information to assure its accuracy. You shall be responsible for maintaining the confidentiality of login information associated with your account. Each user must have unique login credentials that must not be shared by multiple users. You are responsible for all activities that occur under your account.

Copy link to heading2. Temporary Use License

During the period for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Edgenivo or any third-party is granted to you in connection with the Services.

Copy link to heading3. Your Content

You are solely responsible for all software, code, data, information, feedback, suggestions, text, input, content, and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "submit(ting)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. Edgenivo reserves the right to access your account in order to respond to your requests for technical support.

By submitting Your Content on or through the Services, you grant Edgenivo a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, adapt, reproduce, distribute, display, publish, store, perform, and create derivatives of Your Content to provide and improve the Services, develop new products and services, secure and protect the Services and third parties from fraud, abuse, malware, malicious files or content, viruses and the like.

In addition, if you are on a Hobby plan or trial Pro plan, you agree that we may use Your Content to train our artificial intelligence (“AI”) and machine learning models, and we may share Your Content with third parties for the purpose of developing and improving their products, including training and improving their AI and machine learning models (collectively, “Model Training”). If you are on a paid Pro plan, Model Training is not enabled by default and you may opt in to Model Training. You may opt-out of Model Training at any time by adjusting your Team account settings or by upgrading to an Enterprise plan.

We may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of our Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches this Agreement; (ii) if we remove, block or restrict your use of the Services or Your Content, you, and any third party that may have informed us about your use of the Services or Your Content, may contact us about our decision at /help and we will review and consider your message with a view to promptly resolving any complaint and, if appropriate, we will explain any options you have to request another review.

Copy link to heading4. Hobby Plan

We offer a free Hobby plan at our sole discretion. The Hobby plan is subject to all provisions of these Terms of Service, unless expressly stated otherwise. You shall only use the Services under a Hobby plan for your personal or non-commercial use. We may change the features, limitations, or other conditions applicable to the Hobby plan or discontinue offering the Hobby plan at any time. We reserve the right to disable or remove any Project or website deployment on the Hobby plan with or without notice at our sole discretion. We may shut down and terminate projects or deployments using the Hobby plan without notice for any reason or no reason. We may shut down affected projects or deployments on the Hobby plan in case of any delays or performance problems including, without limitation, those caused by a malicious attack on a project or deployment.

Copy link to heading5. Teams and Projects

You are able to create or join a team consisting of one or more other Edgenivo users of the Services (a “Team”). A Team owner may manage or enable users to collaborate on a project (a “Project”). If you are invited to a Team or a Project, Your Content created in that Team or Project may be shared with that Team and may be accessed, modified, claimed ownership of, or deleted by the Team owner or administrator.

Copy link to heading6. Managed Teams and Managed Accounts

You agree that if your account has an email address on a domain provisioned by or verified for a Team, such as your work email or an organizational email (a "Managed Team"), then (a) users in the Managed Team may view information about Projects you created, are a member of, or participate in, including the identities of Project members and guests, and Your Content; and (b) Edgenivo may disclose the existence of your account to the Managed Team's owner.

If your account’s email address is on a domain verified by a Managed Team, then the Managed Team's owner may add your email address to the Managed Team and remove that email address from any account using that email address, and may manage any Project you create in the Managed Team, including claiming control and ownership of it or removing you from it.

If a Managed Team requires that accounts using its email domain be managed by it, then Edgenivo may suspend your account and provision a new account for you managed by the Managed Team (a "Managed Account"). Edgenivo will notify you at that email address, and allow you a reasonable period of time to move your content in the suspended account to a different email address as described in the Documentation. Edgenivo reserves the right to, in its sole discretion, terminate the suspended account. Your Managed Account is not governed by this Agreement and is governed by the terms between the Managed Team's owner and Edgenivo. This Agreement continues to govern any account you maintain at a different email address.

Copy link to heading7. AI Functionality and Third Party Tools

Services may include products and features that use AI capabilities, allow you to host or deploy AI capabilities, and facilitate access to AI providers and their models (collectively, “AI Functionality”). Where the AI Functionality is capable of taking autonomous actions, including through directly interacting with one or more connected third party applications or systems, your settings determine the level of autonomous actions the AI Functionality may take on your behalf. You are responsible for configuring appropriate settings, permissions, confirmation processes and other safeguards for the AI Functionality and you must monitor those settings to ensure they meet your compliance, security and other needs. You authorize and agree to be legally bound by the actions taken on your behalf by the AI Functionality in accordance with your settings.

You are responsible for evaluating and monitoring the actions and output of the AI Functionality for correctness and appropriateness for your use case, including human review as appropriate or legally required.

If you enable (a) your own or third party’s AI powered tools, agents, or similar technologies, (b) your own or third party AI, or (c) third party services (“Third Party Tools”) to access the Services (e.g., without limitation, giving Third Party Tools your secrets, credentials, or access to your code repository), you authorize and agree to be legally bound by the actions taken on your behalf by those Third Party Tools. You agree that you are responsible for any costs incurred through the Third Party Tools’ use of the Services. You agree that your Third Party Tools constitute an “electronic agent” or equivalent concept as defined in the Uniform Electronic Transactions Act (UETA) and other similar laws.

Edgenivo is not responsible for any loss, damage, liability or other consequence arising from actions taken on your behalf by any Third Party Tools or AI Functionality.

Copy link to heading8. Acceptable Use

Your use of the Services (which include, for the purposes of this Section 8, participation in the Edgenivo Community or similar discussion forums, if applicable) must comply with Edgenivo’s Acceptable Use Policy, which is incorporated by reference.

Copy link to heading9. Etiquette

Although Edgenivo has no obligation to monitor your use of the Services, Edgenivo may do so by using tools that detect patterns of abuse of Services, and investigating thereafter. Based on the outcome of these investigations, Edgenivo may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

Copy link to heading10. Security and Compliance

Copy link to heading11. Data Protection

Copy link to heading12. Usage Restrictions

You will not, directly or indirectly: (i) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Services available to any third party; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with Edgenivo's services, you must first request such information from Edgenivo); (iii) modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Edgenivo or authorized within the Services) or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third-party; (v) remove, alter or obscure in any way any proprietary rights notices (including copyright notices) of Edgenivo or its suppliers on or within the Services or documentation; (vi) violate any applicable laws or regulations (including without limitation in violation of any data, privacy or export control laws) or infringe the rights of any third-party in connection with the use or access of the Services. You shall comply with any codes of conduct, policies or other notices, Edgenivo provides you or publishes in connection with the Services, and you shall promptly notify Edgenivo if you learn of a security breach or issue related to the Services. Without limiting the foregoing, you acknowledge that Edgenivo may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on Edgenivo's servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You further acknowledge that Edgenivo reserves the right to change these general practices and limits at any time, in its sole discretion.

Copy link to heading13. Support

Subject to the terms hereof, Edgenivo may, but is not required to, provide you with commercially reasonable remote technical support services during Edgenivo's normal business hours ("Support Services") in accordance with Edgenivo's current Support Terms and Conditions.

Copy link to heading14. Electronic Communications

By using the Services, you consent to receiving electronic communications from Edgenivo. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. They may also include notices that require responses and or action to avoid service interruptions. These electronic communications are part of your relationship with Edgenivo and you receive them as part of your use of the Services. Your account email address must be kept current and maintain a responsive user at all times. You agree that any notices, agreements, disclosures or other communications that Edgenivo sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Copy link to heading15. Representation and Warranties

Copy link to heading16. Indemnification

You will indemnify and hold harmless Edgenivo against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any claim of infringement or misappropriation arising out of your websites or any of Your Content, or your other access, contribution to, use or misuse of the Services. Edgenivo shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed.

Copy link to heading17. Confidentiality; Proprietary Rights

Copy link to heading18. Payment of Fees

Copy link to heading19. Term and Termination

Copy link to heading20. Disclaimer and Non-Edgenivo Services

Copy link to heading21. Limitation of Liability

Copy link to heading22. Miscellaneous

Edgenivo may change this Agreement from time to time by providing notice either by emailing the email address associated with your account or by posting a notice at . You can review the most current version of this Agreement at any time at /legal/terms. The revised Agreement will become effective immediately after Edgenivo posts or sends you notice of such changes, and if you use the Services after that date, your use will constitute acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, your only remedy is to stop using the Services and send a cancellation email to Edgenivo Support via the Help page. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense without the prior written consent of Edgenivo, but Edgenivo may assign or transfer this Agreement, in whole or in part, without restriction. Any attempted assignment or transfer of this Agreement by the parties in contravention of the foregoing shall be null and void. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all amendments must be in writing signed by both parties, except as otherwise provided herein. Edgenivo's failure to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Any delays in or failure of performance of Edgenivo shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Edgenivo including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.

Copy link to heading23. Governing Law; Disputes; Arbitration

Copy link to heading24. Previews

Edgenivo may elect to provide certain Previews from time to time. Previews are provided "AS-IS", "WITH ALL FAULTS", and "AS AVAILABLE". Edgenivo's warranties, indemnities and SLA terms do not apply to Previews and Support Services are not provided for Previews. Edgenivo may change, discontinue or terminate your use of Previews at any time without notice. "Previews" means Services, releases, features, or functionality provided for preview, pre-release, evaluation, demonstration, beta, or similar uses and purposes.

Copy link to heading25. Changes to Services

Edgenivo has the right to modify a Service beyond what is necessary to maintain it, for the reasons stated in the Documentation, at no additional cost to you. If Edgenivo modifies, replaces, or discontinues a Service, Edgenivo will provide you reasonable notice if the modification, replacement, or discontinuation would materially reduce the functionality of the Service. If any modification has more than a minor negative impact on your access to or use of the Services and you are a consumer in the European Union or United Kingdom, then you may terminate the affected subscription free of charge within thirty (30) days of our notice (or of the modification, if later) and receive a pro-rata refund of any prepaid amounts for the remaining period.

Copy link to heading26. DORA

To the extent that your use of the Services is subject to the Digital Operational Resilience Act, you agree to the terms of the DORA Addendum.