Terms of Service
1. Introduction
This Terms of Service (“TOS”) governs your use of the services provided by Onyx Cloud Services LLC (“Onyx,” “we,” “us,” or “our”). Onyx provides cloud database hosting and related software services (the “Services”) designed to help users store, manage, and retrieve their data efficiently in the cloud.
By accessing or using our Services, you (“User,” “you,” or “your”) agree to be bound by this TOS. If you do not agree to these terms, do not use or access our Services.
Contact Information:
Onyx Cloud Services LLC
1895 S Mountain View Rd, Sedalia CO 80135
(303) 345-1998
[email protected]
2. Definitions
- “Service”: Refers to all features, functionalities, websites, dashboards, and applications provided by Onyx Cloud Services LLC.
- “User”: Any individual or entity that accesses or uses the Service.
- “Account”: A unique user profile created through our registration process, enabling access to the Service.
- “Database”: Structured or unstructured data stored and managed through Onyx’s cloud-based solutions.
- “Proprietary Software”: Onyx’s proprietary technology, including but not limited to software, APIs, and other code, which is owned or licensed by Onyx.
- “Cloud Storage”: The remote data storage infrastructure provided by Onyx, allowing Users to store and retrieve data online.
3. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this TOS. We reserve the right to amend this TOS at any time. If we make material changes, we will notify you via email or through a conspicuous notice within the Service. Your continued use of our Services after such changes constitutes your acceptance of the new TOS.
4. User Responsibilities
- Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You must not use the Services to engage in or encourage any illegal or immoral activity, including storing or transmitting content that violates applicable law or could be considered unlawful, harmful, hateful, or otherwise objectionable.
- No Unauthorized Access: You agree not to attempt to gain unauthorized access to any part of the Services or related systems or networks.
- No Spamming or Abuse: You shall not use the Services for distributing spam, malware, or engaging in any activity that disrupts or degrades the performance of the Services.
- Prohibition on Misuse: You are prohibited from misusing or attempting to reverse engineer, copy, or modify any of Onyx’s Proprietary Software or databases, except as explicitly allowed by law.
- Account Confidentiality: You are responsible for maintaining the confidentiality of your Account credentials (e.g., passwords, API keys) and for all activities that occur under your Account.
5. Account Registration
To create an Account, you must provide accurate, current, and complete information at cloud.onyx.dev/register. You must be at least the age of majority in your jurisdiction, or 18 years old, whichever is higher, to use the Services. Onyx reserves the right to suspend or terminate your Account if any information provided during registration is inaccurate, false, or violates this TOS.
Getting Started with Onyx Cloud Database:
Visit the registration page, fill out the form with your email, name, and desired password. Confirm your email address and set a secure password. Afterwards, you can sign in using your credentials or a Google account. If you forget your password, you can reset it by following the instructions on the reset password page.
6. Service Use
Onyx aims to maintain high availability for its Services but does not guarantee uninterrupted access. We may suspend or restrict access for scheduled maintenance, security updates, or emergency measures. We will endeavor to provide advance notice where possible. Any Service Level Agreements (SLAs) or uptime commitments, if offered, may be detailed in a separate agreement or onyx.dev documentation.
You acknowledge and agree that Onyx may access your stored data for troubleshooting, technical support, or to ensure compliance with this TOS. We will exercise reasonable care to maintain the confidentiality and security of your data while doing so.
7. Fees and Payment Terms
Free Tier: Includes up to 1GB of storage and 60,000 CPU credits per month at no charge. Uninterrupted service in the Free Tier is not guaranteed.
Pay-as-You-Go: Beyond the Free Tier, storage is billed at $0.18 per GB per month, and CPU is billed at $0.20 per 60,000 CPU credits. Overages will be added to your monthly invoice.
Priority Usage: Offers enhanced performance during peak times at the same CPU rate of $0.20 per 60,000 CPU credits.
Onyx reserves the right to suspend or terminate your Account for non-payment. You remain responsible for any accrued charges up to the date of suspension or termination.
8. Ownership and Intellectual Property
All intellectual property rights in and to the Services, including but not limited to software, databases, and trademarks, are the exclusive property of Onyx or its licensors. Subject to this TOS, Onyx grants you a non-exclusive, non-transferable, revocable license to use the Services. You may not copy, reproduce, distribute, or create derivative works, or otherwise reverse engineer or decompile the Services, except as allowed by law.
9. Data Ownership and Privacy
You retain all rights and ownership to your data stored within the Services. Depending on how you use the Services, Onyx may act as a data processor or data controller as defined by applicable data protection laws. Please refer to our Privacy Policy for more details.
Onyx reserves the right to access your data when necessary for customer support, to investigate potential violations of this TOS, or to comply with legal obligations.
10. Security
We implement reasonable administrative, technical, and physical measures to protect your data. However, no system is entirely immune to unauthorized access. You are responsible for maintaining strong passwords and safeguarding your API keys or other authentication methods. Onyx disclaims liability for data breaches to the fullest extent permissible by law.
11. Limitation of Liability
Onyx is not liable for any downtime, disruptions, or loss, damage, or corruption of data. The Services are provided “as is” and “as available,” without any warranties, express or implied. To the extent permitted by law, Onyx’s maximum aggregate liability arising out of or related to this TOS shall not exceed the total amount paid by you to Onyx in the six (6) months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Onyx and its officers, directors, employees, and agents from any claim, suit, or demand, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your breach of this TOS, or your violation of any law or the rights of a third party.
13. Termination
We may suspend or terminate your Account or access to the Services if you violate this TOS, fail to pay any required fees, or if we cease providing the Services. You may also terminate your Account at any time through your account settings or by contacting us. Upon termination, Onyx may retain your data for a limited period as specified in our data retention policies.
14. Governing Law and Dispute Resolution
This TOS shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any disputes arising under or relating to this TOS shall be resolved through binding arbitration or mediation in Colorado, unless otherwise required by local law.
15. Changes to the TOS
Onyx may update or modify this TOS at any time. We will provide notice of any material changes by emailing you or by posting the updated TOS on our website. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised TOS.
16. Miscellaneous
- Severability: If any provision of this TOS is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Agreement: This TOS, together with any additional agreements or policies referenced herein, constitutes the entire agreement between you and Onyx regarding the Services.
- Force Majeure: Onyx shall not be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, war, riot, or labor disputes.
- Illegal or Immoral Content: Storing or processing any data related to illegal activity or content deemed immoral by Onyx (in our sole discretion) is strictly prohibited and constitutes a violation of this TOS.
- Consult a Lawyer: We recommend having this TOS reviewed by legal counsel, especially if you serve international users.
17. Contact Information
If you have any questions, concerns, or comments about this TOS, please contact us at:
Onyx Cloud Services LLC
1895 S Mountain View Rd, Sedalia CO 80135
(303) 345-1998
[email protected]