Terms of Service

1.1 These Terms of Service ("Terms") govern your access to and use of the Nubo platform, websites, dashboard, APIs, command-line tools, and related services (together, the "Service"), operated by Nubo, Inc. ("Nubo", "we", "us", or "our").

1.2 By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you ("you" or "Customer") agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1.3 If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.

2.1 You may use the Service only if you are at least eighteen (18) years old and able to form a binding contract with us, and only in compliance with these Terms and all applicable laws.

2.2 You may not access the Service if we have previously suspended or removed you, or where use of the Service is prohibited in your jurisdiction. We may refuse, condition, or revoke access to the Service at our discretion where permitted by law.

3.1 Nubo lets you deploy, run, monitor, and scale software, on infrastructure we operate ("Nubo Cloud") or on infrastructure you control by connecting a self-hosted agent ("Self-Hosted Agents"), managed through a single dashboard.

3.2 If you connect a source-code repository, you authorize us to access it, build from it, and deploy it on your behalf, and to receive notifications from your code-hosting provider so we can deploy new commits. We retain the resulting build artifacts and deployment metadata, not a copy of your source.

3.3 Self-Hosted Agents run on hardware you own or control. You are solely responsible for that hardware, its operating system, network, and security, and for keeping the agent updated. We are not responsible for the availability, security, or condition of infrastructure we do not operate.

3.4 The Service is provided on an ongoing basis and we may add, change, or remove features. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

4.1 You must provide accurate, current, and complete information when you register and keep it up to date. We may verify your information and may refuse or revoke access if it is inaccurate.

4.2 You may sign in through a supported identity provider, such as GitHub. You are responsible for safeguarding access to that account and any API tokens you create, and for all activity that occurs under your Nubo account, whether or not authorized by you.

4.3 You must notify us promptly at [email protected] if you suspect any unauthorized use of your account. We are not liable for losses arising from unauthorized use that you fail to report.

5.2 These examples are not exhaustive. Our Acceptable Use Policy describes prohibited content and activities in more detail and forms part of these Terms.

5.3 You are responsible for the content and conduct of any application, workload, or end user you deploy through the Service. We may investigate suspected violations and may remove content or suspend workloads that violate these Terms or that create risk or liability for us or others.

5.4 You must not reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by applicable law, nor resell or provide the Service to third parties except as expressly permitted.

6.1 Paid plans, usage-based charges, and any free trial are described on our pricing page at withnubo.com/pricing, which may be updated from time to time. By starting a paid plan or exceeding included usage, you authorize us to charge the applicable fees.

6.2 We bill through a third-party payment processor. You authorize recurring charges to your payment method for subscription fees and metered usage. Fees are stated exclusive of taxes, and you are responsible for any applicable taxes other than taxes on our net income.

6.3 A free trial, if offered, does not require a payment method to begin. At the end of the trial, continued use requires a paid plan; if you have added a payment method, your subscription begins and renews automatically until you cancel. Subscriptions renew for successive terms until cancelled.

6.4 Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods or unused usage. If a payment fails or is overdue, we may suspend or terminate the Service after reasonable notice.

6.5 We may change pricing. Changes to recurring fees take effect at your next renewal, and we will give you advance notice as described in Section 15.

7.1 "Customer Content" means the code, data, files, configurations, environment variables, and other materials you deploy, upload, or transmit through the Service. As between you and us, you retain all rights to your Customer Content.

7.2 You grant us a worldwide, non-exclusive license to host, store, copy, transmit, display, and process Customer Content solely as needed to provide, secure, and maintain the Service, and as otherwise permitted in our Privacy Policy.

7.3 You are responsible for the legality of your Customer Content and for having all rights and consents needed to use it with the Service, including any personal data contained in your repositories, commit history, logs, or environment variables. You must not deploy content you do not have the right to use.

7.4 You are responsible for maintaining your own backups of Customer Content. We may keep deployment history, build artifacts, and operational backups, and log retention may vary by plan as described on our pricing page, but none of these is a substitute for your own backups.

7.5 Where your Customer Content includes personal data subject to data protection laws, you act as the controller and we act as your processor, handling that data on your behalf and on your instructions. A data processing addendum is available on request.

7.6 Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

8.1 We work to keep the Service available and reliable, but except under a separate written service-level agreement, the Service is provided without any uptime or availability guarantee.

8.2 Support response targets offered with paid plans, where described on our pricing page, are commitments about how quickly we aim to respond to support requests, not guarantees about uptime or availability.

8.3 We may perform scheduled or emergency maintenance, and may suspend parts of the Service to protect its security or integrity. We will use reasonable efforts to limit disruption.

8.4 Features identified as beta, preview, or experimental are provided "as is", may change or be withdrawn at any time, and are excluded from any availability commitment.

9.1 The Service, including the dashboard, software, APIs, documentation, and the Nubo name and logos, is owned by Nubo and its licensors and is protected by intellectual property laws. We reserve all rights not expressly granted to you.

9.2 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business or personal purposes during your subscription.

9.3 If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or any obligation to you.

9.4 Nothing in these Terms transfers ownership of our intellectual property to you, or ownership of your Customer Content to us.

10.1 To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or any infrastructure connected to it is free of harmful components.

10.3 No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

11.1 To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility.

11.2 Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or one hundred US dollars ($100).

11.3 These limitations apply regardless of the theory of liability and form an essential basis of the agreement between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12.1 You will defend, indemnify, and hold harmless Nubo and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

12.2 We will notify you of any such claim, allow you to control the defense with our reasonable cooperation, and you will not settle any claim that imposes obligations on us without our prior written consent. This Section survives termination.

13.1 You may stop using the Service and cancel your subscription at any time through the dashboard. Cancellation takes effect at the end of the current billing period.

13.2 We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay, create security or legal risk, or where required by law. For non-urgent breaches we will give you notice and a reasonable opportunity to cure where practicable.

13.3 On termination, your right to use the Service ends and we may delete your Customer Content after a reasonable period. You can request a copy of your data before termination takes effect by contacting [email protected].

13.4 Provisions that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnity, and governing law, will survive.

14.1 These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules and regardless of your place of residence.

14.2 You and Nubo agree to first attempt to resolve any dispute informally by contacting [email protected] before pursuing formal proceedings.

14.3 You submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California for any dispute not resolved informally, and waive any objection to venue in those courts.

15.1 We may modify these Terms from time to time. Material changes will be posted on this page with an updated date and, where required, communicated to you. Changes take effect thirty (30) days after posting, do not apply retroactively, and do not affect disputes arising before the effective date. Continued use after that date means you accept the updated Terms.

15.2 Notices to us must be sent to [email protected]. Notices to you may be sent to the email associated with your account or posted in the dashboard, and are effective when sent or posted.

15.3 Neither party is liable for any delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including acts of God, outages of third-party software or networks, utility or connectivity failures, labor disputes, government action, fire, flood, or epidemic.

15.4 If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms are the entire agreement between you and us regarding the Service.

15.5 Questions about these Terms can be sent to [email protected].