These Terms of Service (the “Terms”) are an agreement between you and Khush Technologies, trading as EvoSeedbox (“EvoSeedbox”, “we”, “us”). They govern your use of the evoseedbox.com website, the client area at client.evoseedbox.com and the hosting services we provide (together, the “Service”). By creating an account or placing an order you accept these Terms together with our Acceptable Use Policy, Refund Policy and Privacy Policy, which form part of this agreement. If you do not agree, do not use the Service.
1. The Service
EvoSeedbox provides managed cloud hosting. Each plan gives you a private, isolated account on one of our servers with a set amount of storage, a share of the server’s network connection and a web dashboard from which you can install and run open-source applications such as media servers, file sync and storage tools, automation software and download clients.
We supply the infrastructure. You decide what to install and what to store. We do not select, upload, host or distribute any content ourselves and we do not monitor the contents of customer accounts, except where needed to investigate a complaint, a security incident or a breach of these Terms.
Accounts run on shared hardware. The storage, traffic and speed figures of a plan are the limits of your account, not a promise that they are reached at every moment. We may move your account to another server of equal or better specification, with notice where practical.
2. Your account
You must be at least 18 years old and able to enter into a binding contract. You must give accurate contact and billing details and keep them up to date. You are responsible for everything done under your account, including by anyone you give access to, and for keeping your passwords and tokens secret. Tell us straight away if you think your account has been compromised.
You may hold several services, but you may not resell an account or share it with third parties as a service without our written agreement.
3. Acceptable use
You may use the Service only for lawful purposes and in line with our Acceptable Use Policy. In short: no material that infringes copyright or other rights, no spam, no malware and no attacks on other systems. We act on valid infringement notices and terminate repeat infringers as described in that policy. You alone are responsible for the content you place on your account and for holding any licence that content requires.
4. Fair use of resources
Our servers are shared. You may use the full storage and traffic allowance of your plan, but you may not run workloads that persistently degrade the service for other customers, such as cryptocurrency mining, sustained heavy processing unrelated to the applications we offer, port scanning, or public relays and proxies for third parties. If your usage affects others we contact you first where possible; in urgent cases we may throttle or stop the process without notice.
5. Plans, billing and renewal
Services are subscriptions billed in advance for the billing period you choose at checkout. Prices are shown on the website and in the client area in the currency displayed at checkout. Payments are processed by our payment providers (such as Stripe and PayPal); we do not store full card numbers.
Automatic renewal. Subscriptions renew automatically at the end of each period until you cancel. We issue a renewal invoice before the due date and charge it to your saved payment method or send it to you for payment. If an invoice remains unpaid after its due date the service may be suspended (currently 12 days after the due date) and may later be terminated.
Price changes. We may change plan prices. A change never affects a period you have already paid for, and we give at least 30 days’ notice by email before a higher price applies to your renewal.
Upgrades. You can change plans from the client area. Upgrades take effect once the upgrade invoice is paid.
Payment disputes. Please contact us before opening a chargeback. Accounts with an open chargeback are suspended until the dispute is resolved.
6. Refunds and cancellation
New services carry a 7-day money-back guarantee. All refunds are handled as set out in our Refund Policy.
You can cancel any service at any time from the client area. Cancellation stops future billing, and the service stays active until the end of the period you have paid for unless you ask for immediate cancellation.
7. Your data and backups
You own the data you store on your account. We claim no rights in it beyond what is needed to run the Service.
We do not back up customer accounts. Hardware can fail, and accounts are removed after cancellation or termination. You are responsible for keeping copies of anything you cannot afford to lose. After a service ends its data may be deleted at any time and cannot be recovered.
8. Availability and support
We monitor every server around the clock and work to keep the Service available, but we do not guarantee that it will be uninterrupted or free of errors. Planned maintenance is announced in advance where possible. Where an outage within our control prevents you from using your service for an extended period, contact support and we will review a service credit.
Support is provided through tickets in the client area and by email, in English. It covers the platform and the applications we install. It does not cover third-party software configuration beyond our published guides, or content you obtain with any application.
9. Third-party software and services
The applications on our platform are open-source or third-party software licensed by their authors under their own terms. Some, such as Plex, require an account with that third party and are subject to its terms. We install and run this software but do not own or warrant it, and we may add, update or remove applications as their upstream projects change.
10. Suspension and termination
We may suspend or terminate a service, with notice where practical and immediately where necessary, if you breach these Terms or the Acceptable Use Policy, if an invoice remains unpaid, if we receive a valid legal order, or if the account threatens the security or stability of our systems or other customers. No refund is due for time lost to a suspension caused by your breach.
We may discontinue a plan or the Service on at least 30 days’ notice. In that case we refund the unused part of any prepaid period or move you to an equivalent plan, at your choice. You may end this agreement at any time by cancelling your services.
11. Privacy
We process personal data as described in our Privacy Policy. We disclose account information to third parties only where the law requires it or where you ask us to.
12. Intellectual property
The EvoSeedbox name, logo, website, dashboard and documentation belong to Khush Technologies or its licensors and may not be copied or resold. Open-source components remain under their own licences.
13. Disclaimer of warranties
The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that data will never be lost or that any application suits your purposes.
14. Limitation of liability
To the fullest extent permitted by law, our total liability for any claim relating to the Service is limited to the amount you paid us for the affected service in the three months before the event giving rise to the claim. We are not liable for indirect or consequential loss, including lost data, lost profits or the cost of replacement services. Nothing in these Terms limits liability that cannot be limited by law.
15. Indemnity
You will indemnify us against claims, damages and reasonable costs, including legal fees, arising from content you store or transmit through the Service, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right.
16. Changes to these Terms
We may update these Terms. The current version is always published on this page with the date of the last change. Material changes are announced by email or in the client area at least 14 days before they take effect. If you do not accept them, cancel your services before that date; continued use after it means you accept the new Terms.
17. General
These Terms are the entire agreement between you and us about the Service. If any part is unenforceable the rest remains in force, and not enforcing a term is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it to a successor of our business with notice to you. Notices to you are sent to the email address on your account. Nothing in these Terms removes mandatory consumer-protection rights you have in your country of residence.
18. Governing law
The Service is provided from servers located in the Netherlands, operated by our data centre partner there, and we run it in compliance with Dutch law. These Terms and any dispute arising from them are governed by the laws of the Netherlands, and the courts of the Netherlands have jurisdiction. This does not take away any mandatory consumer-protection rights you have under the law of your country of residence.
19. Contact
Khush Technologies, trading as EvoSeedbox
Support, billing and legal notices: [email protected]
Client area: client.evoseedbox.com
