Terms of Service.

These Terms of Service (“Terms”) form a binding agreement between you and ScaleBit Technologies, L.L.C., a limited liability company organised under the laws of the State of Delaware, United States (“Evorxa”, “we”, “us”, “our”). They govern your access to and use of the Evorxa platform, including the website at evorxa.com, the customer console, the application programming interface (API), the AI Agent, the Shield service, and any associated tools or documentation (collectively, the “Service”). By creating an account, deploying an instance, or otherwise using the Service, you (“you”, “your”, the “Customer”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Eligibility and account registration

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement to use the Service. If you use the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to “you” will refer to both you and that organisation.

You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify our support team without undue delay of any unauthorised use of your account or any other breach of security.

2. The Service

Evorxa provides virtual private server (“VPS”) hosting and related infrastructure services delivered from our datacentre footprint. Each instance is provisioned with shared-tenant or cpu-optimized resources, an in-instance AI Agent, and the Shield network protection tier. Specific resource allocations, pricing, and service features are described on the plans page and form part of these Terms by reference.

We may modify, add, or remove features, regions, or capacity tiers from time to time. Where a change materially reduces the functionality of a feature you actively use, we will provide reasonable advance notice through the customer console.

3. Acceptable use

You agree not to use the Service to host, transmit, generate, or otherwise distribute any content or perform any activity that:

• violates any applicable law, regulation, or third-party right (including intellectual-property and privacy rights);
• is fraudulent, deceptive, defamatory, harassing, or obscene;
• exploits or harms minors in any way, including content of sexual abuse, exploitation, or endangerment;
• originates or distributes spam, phishing, malware, ransomware, cryptocurrency-mining payloads, or denial-of-service tooling;
• circumvents our security or rate-limiting controls, attempts to gain unauthorised access to any system, or interferes with the availability of the Service for other customers;
• operates anonymising proxies, open mail relays, IRC bouncers, tor exit nodes, or similar services without our prior written consent;
• is subject to U.S., E.U., or U.K. sanctions, or originates from or is destined for a sanctioned jurisdiction in violation of applicable export-control law.

We may, in our sole discretion, suspend or terminate instances that violate these rules or that present an immediate risk to the Service or to third parties, with or without prior notice. We cooperate with law-enforcement authorities and provide information about customers and traffic where legally required.

4. Customer content and ownership

You retain all rights, title, and interest in any data, software, configurations, or other content you upload, install, store, or process on instances you control (“Customer Content”). You grant Evorxa a limited, non-exclusive, worldwide, royalty-free licence to host, transmit, and process Customer Content solely as necessary to provide the Service.

You are solely responsible for the legality of your Customer Content, for backing up your data, and for the security of any applications you deploy. Snapshots and backups offered by the Service are a convenience and do not relieve you of the responsibility to maintain your own backup strategy.

5. Billing, taxes, and refunds

Charges accrue hourly while an instance is active and are settled against your wallet balance or your designated payment method. We accept payments through our third-party payment processors. Processing of your payment information is governed by the relevant processor's terms of service and privacy policy.

All fees are exclusive of applicable taxes, duties, levies, and similar charges, which you are responsible for paying except where we are required by law to collect them. Promotional credits and signup bonuses are non-transferable, cannot be redeemed for cash, and expire as stated at the time of issuance.

Hourly usage is non-refundable. If you delete an instance, billing for that instance stops at the next hour boundary. Unused wallet balance funded by your own real payment (excluding promotional credits) is refundable on written request via our support team, subject to anti-fraud verification and any processor fees.

Failed payments or insufficient wallet balance may result in the suspension or, after a grace period, deletion of your instances. We will attempt to notify you before deletion through the customer console.

6. Service level and credits

We target 99.99% monthly uptime for instance availability. If monthly uptime in a given calendar month falls below this target due to causes within our reasonable control, you may request a prorated service credit against the affected instance's fees for that month, capped at one hundred percent (100%) of those fees. Service credits are your sole and exclusive remedy for any service-availability issue.

Excluded causes include scheduled maintenance announced in advance, circumstances outside our reasonable control (including third-party network outages, force majeure, and government action), your own configuration or code, and suspensions resulting from your breach of these Terms.

7. AI Agent

The AI Agent is a feature that allows you to issue natural-language instructions to your instance. The Agent may execute shell commands, modify configurations, and call third-party large-language-model providers on your behalf. You are solely responsible for the consequences of instructions you issue. We disclaim liability for outcomes arising from your prompts, including data loss, service disruption, billing impact, or damage to third parties.

You may not use the AI Agent to bypass these Terms, to generate content that would violate Section 3, or to circumvent quota or rate-limit controls.

8. Shield

The Shield service screens inbound traffic for distributed denial-of-service and common application-layer attacks. While we maintain meaningful scrubbing capacity, no protection is guaranteed against every attack. Customers running services that regularly attract very large volumetric attacks (for example, public gaming servers, controversial political content, or high-stakes financial endpoints) may be asked to upgrade or move to a dedicated tier.

9. Term and termination

These Terms remain in effect for as long as you have an active Evorxa account. You may close your account at any time by deleting all instances and contacting our support team.

We may suspend or terminate your account, with or without notice, for any breach of these Terms, for non-payment, for fraud, or in response to law-enforcement requests. Upon termination, your right to use the Service ceases and we may delete your Customer Content after a reasonable retention period. Sections that by their nature should survive termination — including payment obligations, liability limits, and dispute resolution — survive.

10. Intellectual property

The Service, including its software, design, trademarks (including “Evorxa”, “Shield”, and our logos), documentation, and all related intellectual property, is owned by Evorxa or our licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no other rights are granted to you.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE”. We disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.

12. Limitation of liability

To the maximum extent permitted by law, in no event will Evorxa, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, business interruption, or substitute-service costs, arising out of or in connection with these Terms or the Service, even if we have been advised of the possibility of such damages.

Our aggregate liability for any claim arising out of or in connection with these Terms or the Service will not exceed the greater of (a) the amounts you paid to us for the affected service during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

13. Indemnity

You agree to defend, indemnify, and hold harmless Evorxa and our affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising from your Customer Content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through the customer console at least thirty (30) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and close your account before the effective date.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, for any dispute arising out of or in connection with these Terms, except that either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Miscellaneous

These Terms, together with our Privacy Policy and any order forms or service-specific terms, constitute the entire agreement between you and Evorxa regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or successor in interest. Notices to us should be submitted through our support team.

Questions? Reach us through our support team.