1. Definitions

"Platform" refers to the ops4 unified operations platform, including all associated tools, APIs and interfaces.
"Services" refers to the Platform and any related support, documentation and consulting provided by opsfour.
"User" refers to any individual or entity that accesses or uses the Services.
"Customer" refers to the entity that has entered into a subscription agreement with opsfour.
"Infrastructure" refers to the cloud resources, servers, networks and services managed through the Platform.
"Content" refers to any data, configurations, code and materials uploaded to or generated through the Platform.

2. Description of Services

ops4 is a unified operations platform that enables Users to manage multi-cloud infrastructure, deployments, networking, data services, observability and enterprise features through a single interface. The Platform connects to third-party cloud providers on behalf of the Customer using credentials provided by the Customer.

3. Account and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must enable two-factor authentication (2FA) and take all reasonable measures to secure your account against unauthorized access.
You are responsible for implementing and maintaining an appropriate role-based access control (RBAC) model within your organization, considering the capabilities of the Platform and any external factors that may affect your infrastructure security.
You must provide accurate and complete registration information.
You must notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use the Services in compliance with all applicable laws and regulations. You may not:

Use the Services to manage infrastructure for illegal activities
Attempt to gain unauthorized access to the Platform or its systems
Interfere with or disrupt the integrity of the Platform
Reverse engineer, decompile or disassemble the Platform
Resell or redistribute access to the Platform without our written consent
Use the Platform to mine cryptocurrency without explicit authorization
Transmit malware, viruses or other harmful code through the Platform

5. Infrastructure and User Responsibility

The Platform operates based on your instructions and configurations. You are solely responsible for:

The infrastructure you provision, configure and manage through the Platform
All actions taken through your account, including deployments, scaling decisions and resource allocations
The accuracy and appropriateness of your configurations
Any costs incurred with third-party cloud providers as a result of your actions
Ensuring your use of cloud resources complies with the respective provider's terms of service
Maintaining adequate backups of your data and configurations
Any consequences resulting from deployment decisions, configuration changes or infrastructure modifications made through the Platform

opsfour acts as a management layer and does not independently initiate, modify or terminate infrastructure resources without user instruction. We are not liable for any data loss, downtime, security breaches or costs resulting from your use of the Platform or the infrastructure decisions you make through it.

6. Third-Party Cloud Providers

The Platform integrates with third-party cloud providers (including but not limited to AWS, Azure, GCP, Hetzner, DigitalOcean, Vultr, Scaleway and others). Your use of these providers is subject to their respective terms of service and pricing. opsfour is not responsible for:

The availability, performance or pricing of third-party cloud services
Changes to third-party APIs or services that may affect Platform functionality
Any charges incurred by third-party providers as a result of actions taken through the Platform

You are responsible for maintaining valid credentials and sufficient permissions with your cloud providers.

7. Data and Intellectual Property

Customer Data — You retain all rights to your Content and infrastructure configurations. We do not claim ownership of any data you upload or generate through the Platform.

Platform IP — The Platform, including its software, design, documentation and trademarks (ops4, opsfour, twopeaks), is the exclusive property of twopeaks digital e.U. and protected by applicable intellectual property laws. All rights are reserved.

Feedback — Any suggestions, ideas or feedback you provide about the Platform may be used by us without obligation to you.

8. Service Levels and Support

Service level agreements (SLAs), including uptime commitments and support response times, are defined in your individual subscription agreement. We will use commercially reasonable efforts to maintain Platform availability but do not guarantee uninterrupted service.

9. Payment and Billing

Subscription fees are outlined in your individual agreement.
All fees are exclusive of applicable taxes.
Invoices are due immediately upon issue.
We reserve the right to suspend Services for overdue payments after reasonable notice.
Fees are non-refundable except as expressly stated in your subscription agreement.

10. Limitation of Liability

To the maximum extent permitted by applicable law: opsfour provides the Platform "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event shall opsfour be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, revenue or business opportunities, arising out of or in connection with the use of the Platform.

opsfour's total aggregate liability under these Terms shall not exceed the fees paid by the Customer in the three (3) months preceding the event giving rise to the claim.

opsfour is not liable for any damages, costs or losses resulting from:

Infrastructure provisioning, configuration or management decisions made by the User
Actions taken by the User through the Platform that affect third-party cloud resources
Any interactions, operations or processes triggered by the User or the User's connected infrastructure
Incomplete, invalid or malicious configurations created by the User or any person with access to the User's account
Failure of third-party cloud provider services
Data loss due to User error, misconfiguration or inadequate backup practices
Security breaches resulting from compromised User credentials or insecure configurations

11. Indemnification

You agree to indemnify, defend and hold harmless opsfour, its officers, directors, employees and agents from and against any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of or in connection with:

Your use of the Platform
Your violation of these Terms
Your infrastructure configurations and deployment decisions
Any third-party claims related to infrastructure you manage through the Platform

12. Term and Termination

These Terms remain in effect for the duration of your use of the Services.
Either party may terminate with 30 days written notice.
We may suspend or terminate your access immediately if you breach these Terms.
Upon termination, your right to use the Platform ceases.
You are responsible for exporting your data before termination.
We will delete your data within 90 days of termination, except where retention is required by law.

13. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days notice of material changes via email or Platform notification. Continued use of the Services after the effective date constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Austria, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Feldkirch, Austria, unless mandatory law provides otherwise.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that comes closest to the economic intent of the original.

16. Contact

For questions about these Terms, please contact us at legal@ops4.com or by mail at the address listed in our imprint.

Terms of Service