Terms of Service

1. Introduction and Acceptance

Welcome to Oblien LLC ("Oblien," "we," "us," or "our"). Oblien provides cloud hosting, application deployment, domain management, SSL provisioning, DNS management, and developer tools through our platform accessible at oblien.com and associated services (collectively, the "Services").

These Terms of Service ("Terms," "TOS," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and Oblien LLC regarding your access to and use of our Services.

By creating an account, accessing our platform, or using any of our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein. If you do not agree to these Terms, you may not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting with an updated "Effective Date." Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Age and Legal Capacity

You must meet the following requirements to use our Services:

• Be at least 18 years old or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using our Services under applicable laws or regulations
• Not be located in a country subject to U.S. embargo or designated as a "terrorist supporting" country by the U.S. government

2.2 Account Creation

To access certain features of the Services, you must create an account by providing:

• A valid email address
• A secure password
• Accurate and complete registration information

You may also register using third-party authentication providers (e.g., GitHub, GitLab, Google). By doing so, you authorize us to access and use certain information from that provider as described in our Privacy Policy.

2.3 Account Responsibilities

You are responsible for:

• Security: Maintaining the confidentiality of your account credentials, API keys, and access tokens
• Accuracy: Keeping your account information current, accurate, and complete
• Activity: All activities that occur under your account, whether authorized by you or not
• Unauthorized Access: Notifying us immediately of any unauthorized use or security breach

You may not share your account credentials or allow others to access your account. Accounts are personal to you and may not be transferred or assigned without our prior written consent.

2.4 Business and Organization Accounts

If you are using the Services on behalf of a business, organization, or entity, you represent that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both you individually and the entity.

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms, Oblien grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or commercial purposes.

3.2 Acceptable Use

You may use our Services to:

• Deploy, host, and manage web applications, APIs, and static sites
• Register and manage domain names and DNS records
• Provision SSL/TLS certificates for secure connections
• Store and serve files, media, and application data
• Use developer tools, APIs, and integrations provided by Oblien
• Collaborate with team members on projects and deployments

3.3 Prohibited Use

You agree NOT to use our Services to:

• Illegal Activity: Engage in or facilitate illegal activities, including but not limited to fraud, money laundering, terrorism, or trafficking
• Harmful Content: Host, distribute, or transmit malware, viruses, ransomware, spyware, or any malicious code
• Abuse and Spam: Send unsolicited emails (spam), conduct phishing attacks, or engage in mass messaging abuse
• Prohibited Content: Host child sexual abuse material (CSAM), content promoting violence, hate speech, harassment, or illegal discrimination
• Intellectual Property Infringement: Host pirated software, copyrighted content without authorization, or counterfeit goods
• Cryptocurrency Mining: Use our infrastructure for unauthorized cryptocurrency mining or blockchain operations (unless explicitly permitted in your plan)
• Network Attacks: Launch DDoS attacks, port scanning, brute force attacks, or other network disruption activities
• Resource Abuse: Intentionally consume excessive bandwidth, storage, or computational resources in a manner inconsistent with normal use
• Security Violations: Attempt to circumvent security measures, access unauthorized data, or reverse engineer our platform
• Competitive Intelligence: Use our Services to monitor availability, performance, or functionality for competitive purposes
• Resale Without Authorization: Resell or redistribute our Services without a valid reseller agreement

3.4 Fair Usage and Resource Limits

Our Services are subject to fair usage policies and resource limits based on your subscription plan. These may include:

• Bandwidth and data transfer limits
• Storage capacity and file size restrictions
• Build minutes and deployment frequency
• API rate limits and request quotas
• Concurrent connections and serverless function execution time

We reserve the right to throttle, limit, or suspend services that exceed reasonable usage thresholds or negatively impact platform performance for other users.

3.5 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards in your jurisdiction and the jurisdictions where your users are located. This includes but is not limited to:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Export control and sanctions regulations
• Intellectual property laws and licensing requirements
• Consumer protection and e-commerce regulations
• Industry-specific compliance requirements (healthcare, finance, etc.)

4. Deployments, Content, and Intellectual Property

4.1 Your Content Ownership

You retain all ownership rights to the content, code, applications, data, and materials you deploy, upload, or store on our Services ("Your Content"). Oblien does not claim ownership of Your Content.

4.2 License to Oblien

By using our Services, you grant Oblien a limited, worldwide, non-exclusive, royalty-free license to:

• Host, store, process, and transmit Your Content as necessary to provide the Services
• Make backup copies of Your Content for disaster recovery and data integrity
• Display Your Content to you and users you authorize (e.g., visitors to your deployed applications)
• Use aggregated, anonymized data derived from Your Content for analytics, research, and service improvement

This license terminates when you delete Your Content or close your account, except for backup copies which may persist for up to 90 days.

4.3 Content Responsibility and Liability

You are solely responsible for Your Content and any consequences of deploying, publishing, or transmitting it through our Services. Oblien:

• Does not pre-screen or monitor Your Content
• Is not responsible for the accuracy, legality, or quality of Your Content
• Is not liable for any claims, losses, or damages arising from Your Content
• Reserves the right to remove or disable access to Content that violates these Terms or applicable laws

4.4 Prohibited Content

In addition to prohibited uses listed in Section 3.3, you may not deploy or host content that:

• Infringes on intellectual property rights, trademarks, or proprietary information of others
• Contains personal information of individuals without proper consent or legal basis
• Violates privacy rights, publicity rights, or confidentiality obligations
• Is defamatory, libelous, or fraudulent
• Violates export control laws or facilitates sanctions evasion

4.5 DMCA and Copyright Infringement

Oblien respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on our platform infringes your copyright, please submit a DMCA takedown notice to:

Your notice must include the information required by 17 U.S.C. § 512(c)(3). We will investigate valid complaints and may remove or disable access to infringing content.

Repeat Infringer Policy: We may terminate accounts of users who repeatedly infringe intellectual property rights.

4.6 Oblien's Intellectual Property

All rights, title, and interest in the Oblien platform, including but not limited to:

• Software, source code, algorithms, and proprietary technology
• User interfaces, dashboards, and design elements
• Trademarks, logos, branding, and trade names ("Oblien," the Oblien logo, etc.)
• Documentation, tutorials, and educational materials
• APIs, SDKs, and developer tools

...are the exclusive property of Oblien LLC and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, reverse engineer, decompile, or create derivative works without our prior written consent.

4.7 Feedback and Suggestions

If you provide feedback, suggestions, or ideas for improving our Services ("Feedback"), you grant Oblien an unrestricted, perpetual, irrevocable, royalty-free license to use, implement, and commercialize such Feedback without compensation or attribution.

5. Infrastructure and Service Providers

5.1 Third-Party Infrastructure

Oblien utilizes industry-leading infrastructure providers to deliver reliable, scalable, and secure cloud hosting services:

• Amazon Web Services (AWS): United States-based cloud infrastructure for compute, storage, databases, and CDN services
• Hetzner Online GmbH: Germany-based and European data centers for EU hosting and GDPR-compliant deployments
• OVH Cloud (OVHcloud): France-based and European infrastructure for additional EU presence and redundancy
• Cloudflare: Global CDN, DDoS protection, and edge computing services
• Other Providers: We may use additional providers for specialized services (DNS, email, analytics, monitoring)

5.2 Geographic Data Distribution

Depending on your deployment configuration and plan, your data may be stored and processed in:

• United States (primary AWS regions)
• European Union (Germany, France via Hetzner and OVH Cloud)
• Other global regions as specified in your deployment settings

You acknowledge that your data may be transferred across borders as necessary to provide the Services. For GDPR compliance, we implement appropriate safeguards such as Standard Contractual Clauses (SCCs).

5.3 Service Provider Changes

We reserve the right to change, add, or remove infrastructure providers at our discretion to improve service quality, reliability, or cost-effectiveness. We will provide notice of material changes when practicable.

6. Billing, Payments, and Subscriptions

6.1 Pricing and Plans

Oblien offers both free and paid subscription plans with varying features, limits, and pricing. Current pricing is available on our website at oblien.com/pricing and is subject to change with notice.

• Free Tier: Limited resources and features for personal projects and testing (subject to fair usage policies)
• Paid Plans: Tiered subscription plans (Starter, Pro, Business, Enterprise) with increased resources and features
• Usage-Based Billing: Some services may be billed based on actual usage (bandwidth, storage, build minutes)
• Custom Enterprise Plans: Negotiated pricing and SLAs for large organizations

6.2 Payment Terms

• Payment Methods: We accept credit cards, debit cards, and PayPal. Payment processing is handled by third-party providers (Stripe, PayPal) compliant with PCI-DSS standards.
• Billing Cycle: Paid plans are billed monthly or annually in advance, depending on your selection.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Payment Authorization: By providing payment information, you authorize Oblien to charge the applicable fees to your payment method.

6.3 Price Changes

We may change our pricing at any time. For existing subscribers:

• We will provide at least 30 days' notice of price increases
• Price changes take effect at your next renewal date
• You may cancel your subscription before the renewal date to avoid increased pricing

6.4 Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.) unless otherwise stated. You are responsible for paying all taxes associated with your use of the Services. If we are required to collect taxes, they will be added to your invoice.

6.5 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period.
• No Refunds: Fees are non-refundable except as required by law or as expressly stated in these Terms.
• Pro-Rata Refunds: We do not offer pro-rata refunds for partial months or unused services.
• Trial Periods: If we offer a free trial, you will not be charged until the trial expires. You may cancel during the trial to avoid charges.

6.6 Overdue Payments and Suspension

If payment fails or becomes overdue:

• We will attempt to contact you via email and notify you of the outstanding balance
• We may suspend or limit access to your account and Services until payment is received
• You remain responsible for all fees incurred during the suspension period
• We may charge late fees or interest on overdue amounts as permitted by law
• Accounts with overdue balances exceeding 60 days may be terminated, and Your Content may be deleted

6.7 Downgrades and Plan Changes

• You may upgrade your plan at any time, effective immediately with pro-rated billing
• Downgrades take effect at the start of your next billing cycle
• If you downgrade to a plan with lower limits, you must reduce your resource usage accordingly, or we may suspend services

7. Service Level, Uptime, and Maintenance

7.1 Uptime Commitment

Oblien strives to provide reliable and available services. For paid plans, we target:

• 99.9% uptime for our hosting and deployment infrastructure (excluding planned maintenance)
• This translates to approximately 43 minutes of downtime per month or 8.76 hours per year

Note: The Free Tier is provided on a "best effort" basis with no uptime guarantees.

7.2 Uptime Calculation and Exclusions

Uptime is calculated based on the availability of our core platform infrastructure. Downtime does NOT include:

• Planned maintenance (with advance notice)
• Issues caused by your application code, configuration errors, or third-party dependencies
• Problems with your DNS provider, domain registrar, or external services
• Force majeure events (natural disasters, war, terrorism, pandemics, etc.)
• DDoS attacks or other malicious activity targeting your deployments
• Infrastructure provider outages beyond our reasonable control
• Suspension or termination of your account for Terms violations

7.3 Planned Maintenance

We may perform scheduled maintenance to improve, upgrade, or secure our Services. When possible:

• We will provide at least 24 hours' notice for maintenance that may cause service interruptions
• Maintenance will be scheduled during low-traffic periods (typically late night/early morning UTC)
• We will use best efforts to minimize disruption and complete maintenance within the announced window

7.4 Emergency Maintenance

In the event of critical security vulnerabilities, infrastructure failures, or other emergencies, we may perform unscheduled maintenance without advance notice to protect the platform and user data.

7.5 SLA Credits (Enterprise Plans)

Enterprise customers with a formal Service Level Agreement (SLA) may be eligible for service credits if uptime falls below the guaranteed threshold. SLA terms are defined in individual Enterprise agreements.

7.6 No Absolute Guarantee

While we strive for maximum uptime, we do not guarantee continuous, uninterrupted, or error-free service. Cloud infrastructure is inherently subject to occasional failures, and you should implement appropriate redundancy and backup strategies for mission-critical applications.

8. Data Backup and Loss

8.1 Our Backup Practices

Oblien performs regular automated backups of platform infrastructure and user data for disaster recovery purposes:

• Backups are created daily and retained for up to 30 days
• Backups are stored in geographically separate locations for redundancy
• Backups are encrypted and access-controlled

8.2 Your Backup Responsibility

You are solely responsible for maintaining your own backups of Your Content. While we perform platform backups, they are intended for disaster recovery and may not be suitable for restoring individual files or specific points in time.

We recommend:

• Maintaining version control for your source code (Git repositories)
• Exporting and backing up databases and critical data regularly
• Storing backups in multiple locations independent of Oblien
• Testing your backup and recovery procedures periodically

8.3 Data Loss Disclaimer

Oblien is not liable for any loss, corruption, or deletion of Your Content. Causes of data loss may include but are not limited to:

• User error (accidental deletion, misconfiguration)
• Account termination or suspension
• Infrastructure failures or disasters
• Security breaches or unauthorized access
• Software bugs or platform errors

By using the Services, you acknowledge and accept the risk of data loss and agree to maintain adequate backups.

8.4 Data Retention After Termination

Upon account termination or cancellation:

• You have 30 days to download and export Your Content before permanent deletion
• After 30 days, Your Content will be permanently deleted and cannot be recovered
• Backup copies may persist in our systems for up to 90 days before being purged

9. Account Termination and Suspension

9.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" feature in your account settings
• Contacting our support team at support@oblien.com

Upon termination:

• Your access to the Services will be immediately revoked
• You will not receive a refund for any prepaid fees (except as required by law)
• You have 30 days to download Your Content before it is permanently deleted
• All data, deployments, domains, and configurations will be removed after the retention period

9.2 Termination by Oblien

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms of Service or our Acceptable Use Policy
• Your account is involved in illegal activity or abuse
• You fail to pay outstanding fees after reasonable notice
• We are required to do so by law or legal process
• You engage in conduct that harms Oblien, our users, or our infrastructure
• Your account remains inactive for more than 12 months (free tier accounts)

9.3 Suspension

We may temporarily suspend your account or specific Services if:

• We detect unusual activity or security threats
• You exceed resource limits or fair usage thresholds
• Payment is overdue or fails to process
• We are investigating potential Terms violations

We will make reasonable efforts to notify you of suspension and provide an opportunity to remedy the issue when appropriate.

9.4 Effects of Termination

Upon termination of your account:

• All licenses granted under these Terms will immediately cease
• You must cease all use of the Services and our intellectual property
• Sections of these Terms that by their nature should survive termination will remain in effect (including liability limitations, indemnification, and dispute resolution)
• We have no obligation to retain or provide Your Content after the retention period expires

9.5 Appeal Process

If you believe your account was suspended or terminated in error, you may appeal by contacting legal@oblien.com with detailed information about your account and the circumstances. We will review appeals in good faith but reserve final discretion over account status.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Oblien disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, secure, or free from viruses
• Warranties regarding the accuracy, reliability, or completeness of any content or data
• Warranties that defects will be corrected or that our servers are free from harmful components

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBLIEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Service interruptions or downtime
• Cost of substitute services or procurement of replacement goods
• Damage to reputation or goodwill
• Data loss, corruption, or unauthorized access
• Security breaches or cyberattacks

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF OBLIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Cap on Direct Damages

IN NO EVENT SHALL OBLIEN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF:

• The total amount you paid to Oblien in the 12 months preceding the claim, or
• $100 USD

10.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by law

10.5 Third-Party Services

The Services may integrate with or rely on third-party services and infrastructure providers. Oblien is not responsible for the performance, availability, or actions of third-party services. Your use of third-party services is subject to their respective terms and policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless Oblien, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws or regulations
• Your Content, including any claims that Your Content infringes or violates intellectual property, privacy, or other rights of third parties
• Your breach of any representations or warranties made in these Terms
• Any harm caused to third parties by your deployments, applications, or use of the Services
• Unauthorized access to your account due to your failure to secure credentials

This indemnification obligation survives termination of your account and these Terms.

Oblien reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Oblien in asserting any available defenses.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@oblien.com and attempt to resolve the dispute informally. We will work in good faith to reach a mutually acceptable resolution.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration, except as provided below.

Arbitration will be conducted under the rules of the American Arbitration Association (AAA) by a single arbitrator. The arbitration will take place in [State of Registration], United States, or remotely via videoconference if mutually agreed.

12.3 Exceptions to Arbitration

Either party may seek relief in court for:

• Intellectual property infringement claims
• Requests for injunctive or equitable relief
• Small claims court disputes (if the claim qualifies)

12.4 Class Action Waiver

YOU AND OBLIEN AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

You waive the right to participate in a class action lawsuit or class-wide arbitration against Oblien.

12.5 Governing Law

These Terms and any disputes arising out of or related to them or the Services will be governed by the laws of the United States and the State of [Insert State of Registration], without regard to conflict of law principles.

12.6 Venue

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in [County, State], and waive any objection to venue or inconvenient forum.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Oblien regarding the Services and supersede all prior agreements, understandings, and communications.

13.2 Amendments

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Effective Date" at the top of this page
• For material changes, we will notify you via email or a prominent notice on our platform
• Changes will take effect immediately upon posting or on the date specified in the notice

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of the Services.

13.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

13.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Oblien.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Oblien may assign or transfer these Terms or delegate its obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

13.6 Force Majeure

Oblien will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.7 Export Compliance

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and will not export, re-export, or transfer the Services or any technical data to any prohibited country, entity, or person without proper authorization.

13.8 Government Use

If you are a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101 and are provided subject to these Terms.

13.9 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms. These Terms do not create any rights for any person or entity other than you and Oblien.

13.10 Survival

The following sections will survive termination of these Terms: Intellectual Property (Section 4.6), Billing (Section 6), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 12), and General Provisions (Section 13).

13.11 Notices

All notices under these Terms must be in writing and will be deemed given when:

• Delivered personally
• Sent by confirmed email to the email address on your account (for notices to you) or to legal@oblien.com (for notices to Oblien)
• Sent by certified or registered mail, return receipt requested

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

For technical support, billing questions, or general assistance, please visit our support center or contact support@oblien.com.