Terms of Service

Effective Date: 26 September 2024

Українська версія

1. Introduction

1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PE Petrov Stanislav Valeriiovych ("JustRunMy.App," "we," "us," or "our") governing your access to and use of our web-hosting services (the "Service").

1.2. By accessing or using the Service, you agree to be bound by these Terms.

2. Acceptance of Terms

2.1. By creating an account or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and policies referenced herein.

3. Account Registration

3.1. To access and use the Service, you must register for an account by providing accurate, current, and complete information, including:

• 3.1.1. Email address
• 3.1.2. First name
• 3.1.3. Last name
• 3.1.4. IP address
• 3.1.5. Country of residence

3.2. You agree to:

• 3.2.1. Maintain Information: Keep your account information accurate, current, and complete.
• 3.2.2. Security: Maintain the confidentiality and security of your account credentials.
• 3.2.3. Notification: Notify us immediately of any unauthorized use of your account or any other breach of security.
• 3.2.4. Responsibility: Be responsible for all activities that occur under your account.

4. Access and Use of the Service

4.1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service solely for your personal or internal business purposes.

4.2. All rights not expressly granted to you are reserved by JustRunMy.App.

5. Subscription Plans and Resource Limits

5.1. We offer multiple subscription plans, each providing specific resource limits, including but not limited to:

• 5.1.1. CPU Usage
• 5.1.2. RAM
• 5.1.3. Disk Storage Capacity
• 5.1.4. Number of Ports Available for Applications
• 5.1.5. Maximum Number of Applications

5.2. Details of each subscription plan, including resource allocations and associated fees, are available on our Pricing Page.

5.3. By selecting a subscription plan, you agree to adhere to the resource limits specified therein.

5.4. User Obligations:

• 5.4.1. Compliance with Limits: Use the Service within the resource limits of your selected subscription plan.
• 5.4.2. Monitoring Usage: Monitor your resource usage to ensure compliance with your subscription plan.
• 5.4.3. Exceeding Limits: Understand that exceeding resource limits may result in additional charges, suspension, or termination of your account, as described in these Terms.
• 5.4.4. Modifications: Acknowledge that we reserve the right to modify the resource limits and features of any subscription plan at any time.

6. Our Obligations

6.1. Service Provision: We shall use commercially reasonable efforts to provide the Service in accordance with these Terms.

6.2. Application Hosting:

• 6.2.1. Launching Applications: We will make reasonable efforts to launch your applications submitted through the Service.
• 6.2.2. Application Availability: If you have configured your application to be accessible from the internet by adding the necessary ports in the control panel, we will strive to maintain its availability, provided you comply with these Terms and all applicable laws.
• 6.2.3. Application Monitoring: We will monitor your applications and, if an application stops due to failure or success, we will make reasonable efforts to restart it.

6.3. Control Panel Accessibility: We will endeavor to maintain the accessibility of the control panel and your data, except during scheduled maintenance, updates, or circumstances beyond our reasonable control.

6.4. Data Integrity: We will take reasonable measures to protect the integrity and security of your data stored on our servers.

7. User Responsibilities

7.1. You represent and warrant that you will:

• 7.1.1. Legal Compliance: Use the Service in compliance with all applicable laws, statutes, ordinances, and regulations.
• 7.1.2. Proper Conduct: Not engage in any activity that could harm or interfere with the operation or security of the Service or other users.
• 7.1.3. Content Standards: Not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

8. Prohibited Activities

8.1. You agree not to:

• 8.1.1. Unlawful Use: Use the Service for any illegal or unauthorized purpose.
• 8.1.2. Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
• 8.1.3. Service Disruption: Interfere with or disrupt the integrity or performance of the Service or data contained therein.
• 8.1.4. Malicious Software: Upload or transmit viruses, worms, Trojan horses, or other harmful code.
• 8.1.5. Resource Abuse: Utilize the Service in a manner that exceeds reasonable bandwidth, storage, or CPU usage, or otherwise burdens the Service disproportionately.
• 8.1.6. Intellectual Property Infringement: Host or transmit content that infringes upon the intellectual property rights of any third party.
• 8.1.7. Harmful Content: Host or disseminate content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or objectionable.
• 8.1.8. Adult Content: Host or distribute pornography or sexually explicit content.
• 8.1.9. Illegal Activities: Engage in hacking, phishing, spamming, or other illegal or unauthorized activities.
• 8.1.10. Security Violations: Probe, scan, or test the vulnerability of the Service or related systems.

9. User Content and License

9.1. Content Submission: By uploading, submitting, or transmitting any content, applications, zip archives, binaries, or other digital products ("User Content") to the Service, you grant us the rights specified in this Section.

9.2. Rights Granted: You hereby grant JustRunMy.App and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• 9.2.1. Use and Access: Access, view, and use your User Content for the purpose of providing the Service.
• 9.2.2. Inspect and Analyze: Inspect, analyze, and test your User Content to determine compatibility, security, and compliance with these Terms.
• 9.2.3. Modify: Modify or adapt your User Content as necessary to provide the Service.
• 9.2.4. Monitor: Monitor your User Content and related activity for compliance and security purposes.
• 9.2.5. Remove or Disable Access: Remove or disable access to any User Content that violates these Terms or poses a risk to the Service or other users.

9.3. No Liability for Deletion: We are not responsible or liable for the deletion or failure to store any User Content maintained or transmitted through the Service.

9.4. Third-Party Access: You acknowledge and agree that:

• 9.4.1. We utilize third-party data centers and hosting providers who may have physical or administrative access to the servers on which your User Content is stored.
• 9.4.2. Such third parties may access your User Content for the purposes of maintenance, security, or compliance with applicable laws.
• 9.4.3. We are not responsible for any acts or omissions of such third parties.

10. Monitoring and Enforcement

10.1. Right to Monitor: We reserve the right, but are not obligated, to monitor your use of the Service and your User Content to ensure compliance with these Terms and applicable laws.

10.2. Suspicious Activity: If we suspect that your User Content or activities violate these Terms or may harm the Service or other users, we may:

• 10.2.1. Investigate: Investigate the suspected violations.
• 10.2.2. Take Action: Remove or disable access to the offending content, suspend or terminate your account, and take any other action we deem appropriate.

10.3. Reporting Violations: We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

10.4. Cooperation with Authorities: We will cooperate with law enforcement authorities as required by law, including providing User Content and related information.

11. Payment Terms

11.1. Fees: You agree to pay all fees associated with your chosen subscription plan, as specified on our Pricing Page.

11.2. Billing Cycle: Fees are due in advance on a monthly basis unless otherwise specified.

11.3. Payment Method: Provide a valid payment method and authorize us to charge all fees incurred under your account.

11.4. Late Payments: Failure to make timely payments may result in suspension or termination of your account.

12. Price Changes

12.1. Right to Change Prices: We reserve the right to modify the fees for the Service or any component thereof at any time, at our sole discretion.

12.2. Notification: Any price changes will be effective immediately upon posting on the Service or on our Pricing Page.

12.3. Continued Use: Your continued use of the Service after a price change constitutes your acceptance of the new price.

12.4. Cancellation Option: If you do not agree to the new fees, you may terminate your subscription in accordance with Section 18 of these Terms.

13. Additional Charges

13.1. If you exceed the resource limits of your subscription plan, we may impose additional charges as specified on our Pricing Page or as otherwise agreed in writing.

13.2. Failure to pay such additional charges may result in suspension or termination of your account.

14. Refund Policy

14.1. Refunds, if any, will be provided solely at our discretion in accordance with our Refund Policy.

14.2. If you believe you are entitled to a refund, please consult our Refund Policy and contact our support team.

15. Beta Version

15.1. During any beta phase, the Service is provided "as is" without warranties of any kind, express or implied.

15.2. We disclaim all liability for any issues or damages arising from the use of the Service during this period.

15.3. You acknowledge that the beta version may contain bugs, errors, and other issues affecting performance and functionality, and you assume all risks associated with its use.

16. Modifications to the Service

16.1. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time with or without notice.

16.2. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

16.3. Updates to the Service:

• 16.3.1. We may provide enhancements or improvements to the features or functionality of the Service.
• 16.3.2. All modifications or enhancements are subject to these Terms.
• 16.3.3. We reserve the right to discontinue any part of the Service with or without notice.

17. Intellectual Property Rights

17.1. All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of JustRunMy.App and its licensors.

17.2. You shall not:

• 17.2.1. Reproduction: Reproduce, modify, adapt, or create derivative works based on the Service.
• 17.2.2. Distribution: Distribute, sell, lease, rent, sublicense, or transfer any part of the Service.

18. Termination

18.1. By You: You may terminate your account at any time by following the procedures outlined on the Service.

18.2. By Us: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.

18.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease.

18.4. Survival: Notwithstanding the termination of these Terms, the following sections shall survive and remain in effect: Sections 9 (User Content and License), 17 (Intellectual Property Rights), 19 (Disclaimer of Warranties), 20 (Limitation of Liability), 21 (Indemnification), 22 (Governing Law and Jurisdiction), and any other provisions intended to survive termination.

19. Disclaimer of Warranties

19.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

19.2. JUSTRUNMY.APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

19.3. No Guarantee: We do not guarantee that:

• 19.3.1. The Service will meet your requirements or expectations.
• 19.3.2. The Service will be uninterrupted, timely, secure, or error-free.
• 19.3.3. The results obtained from the use of the Service will be accurate or reliable.

20. Limitation of Liability

20.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUSTRUNMY.APP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• 20.1.1. Access or Use: Your access to or use of or inability to access or use the Service.
• 20.1.2. Conduct: Any conduct or content of any third party on the Service.
• 20.1.3. Content: Any content obtained from the Service.
• 20.1.4. Unauthorized Access: Unauthorized access, use, or alteration of your transmissions or content.

20.2. Limitation of Liability Amount: In the event of a breach of contract or any other liability arising under these Terms, our total liability shall be limited to the amount equivalent to one (1) month's subscription fee for your current subscription plan.

20.3. Exclusion of Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly.

20.4. Force Majeure: We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, as described in Section 29 (Force Majeure).

21. Indemnification

21.1. You agree to indemnify, defend, and hold harmless JustRunMy.App, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• 21.1.1. Use of Service: Your access to or use of the Service.
• 21.1.2. Violation of Terms: Your violation of these Terms.
• 21.1.3. Violation of Rights: Your violation of any third-party right, including any intellectual property or privacy right.
• 21.1.4. User Content: Any of your User Content that infringes any rights of third parties or violates any applicable law.

22. Governing Law and Jurisdiction

22.1. These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

22.2. You agree to submit to the exclusive jurisdiction of the courts located within Ukraine to resolve any legal matter arising from these Terms or your use of the Service.

22.3. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22.4. If you are accessing the Service from outside Ukraine, you are responsible for compliance with local laws.

23. Privacy Policy

23.1. Our Privacy Policy, which explains how we collect, use, and protect your personal information, is incorporated into these Terms by reference.

23.2. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

23.3. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information on how we process personal data and your rights.

24. Contact Information

24.1. If you have any questions about these Terms, the Privacy Policy, or the Service, you may contact us at:

PE Petrov Stanislav Valeriiovych
Tax ID: 3548301591

Petrov Stanislav
10 Sosnytska, apt. 150
Kyiv 02090
Ukraine

Email: contact@justrunmy.app

25. Entire Agreement

25.1. These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and JustRunMy.App concerning the Service.

25.2. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

26. Changes to Terms

26.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

26.2. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect.

26.3. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

27. Severability

27.1. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

27.2. If any provision is held to be invalid or unenforceable:

• (a) The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
• (b) The provision shall be modified to the minimum extent necessary to make it valid and enforceable.

28. Waiver

28.1. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

28.2. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

28.3. No waiver by JustRunMy.App of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

29. Force Majeure

29.1. JustRunMy.App shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemics, governmental restrictions, or power outages.

30. Dispute Resolution

30.1. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration conducted in accordance with the rules of the International Chamber of Commerce.

30.2. The arbitration shall take place in Kyiv, Ukraine, and the language of arbitration shall be English.

31. Governing Language

31.1. These Terms are drafted in English and may be translated into other languages.

31.2. In the event of any inconsistency or discrepancy between the English version and any other language version, the English version shall prevail.

32. Third-Party Services

32.1. The Service may contain links to third-party websites or services that are not owned or controlled by JustRunMy.App.

32.2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

32.3. You acknowledge and agree that JustRunMy.App shall not be responsible or liable for any damage or loss caused by or in connection with the use of such third-party content or services.

33. Notices

33.1. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the parties at the addresses set forth in these Terms or as otherwise designated by the party in writing.

33.2. Notices sent in accordance with this Section will be deemed effectively given:

• (a) When received, if delivered by hand (with written confirmation of receipt).
• (b) When received, if sent by a nationally recognized overnight courier (receipt requested).
• (c) On the date sent by email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours.

34. Assignment

34.1. JustRunMy.App may assign or transfer these Terms, in whole or in part, without restriction or notification.

34.2. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

35. Feedback

35.1. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service ("Feedback").

35.2. By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place JustRunMy.App under any fiduciary or other obligation.

35.3. We are free to use the Feedback without any additional compensation to you and to disclose the Feedback on a non-confidential basis or otherwise to anyone.

36. Statute of Limitations

36.1. You agree that any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

37. Relationship of the Parties

37.1. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between you and JustRunMy.App.

37.2. You do not have any authority of any kind to bind us in any respect whatsoever.

38. Headings

38.1. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

39. Export Compliance

39.1. You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the laws of Ukraine and any other jurisdiction where you use the Service.

39.2. You represent and warrant that you are not located in a country that is subject to a government embargo or designated as a terrorist-supporting country, and you are not listed on any government list of prohibited or restricted parties.

40. Compliance with Laws

40.1. You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Service.

41. Updates to the Service

41.1. We may from time to time provide enhancements or improvements to the features or functionality of the Service.

41.2. All modifications or enhancements are subject to these Terms.

41.3. We reserve the right to discontinue any part of the Service with or without notice.

42. Communications

42.1. By creating an account, you agree that we may send you informational and promotional emails and messages.

42.2. You may opt out of receiving promotional communications by following the unsubscribe instructions provided.

43. Governing Language

43.1. These Terms are drafted in English and may be translated into other languages.

43.2. In the event of any inconsistency or discrepancy between the English version and any other language version, the English version shall prevail.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.