These Terms of Service ("Terms") govern the relationship between the Licensee and/or their Enduser(s) who use Virtualizor to manage their respective Virtual Machines ("Licensee") and Softaculous Ltd ("Virtualizor" / "Developer"). Each Licensee is subject to these Terms, and by using Virtualizor' services, software, network and/or systems (collectively the "Services"), Licensee agrees to be bound by the usage policies and other policies contained in these Terms. These Terms supplement the individual service agreement of each Licensee, if any.
Licensee represents and warrants that, if an individual, Licensee is at least 18 years old, or, if an entity, Licensee is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business with all legal authority and power to accept these Terms. Licensee agrees to provide complete, accurate and current information to Virtualizor in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Licensee of paid services offered through Virtualizor must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minors use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
Virtualizor reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Licensee may view the most current version of these Terms at http://www.virtualizor.com. Licensee's use of the Services after changes, modifications, additions or deletions to these Terms are posted on the Virtualizor website will constitute Licensee's acceptance of any such changes, additions, modifications or deletions. If you do not agree to any such alterations to these Terms, your sole and exclusive remedy is to cancel your account as set forth in section labeled "CANCELLATION OF SERVICES, REFUND POLICY" below.
Notwithstanding Virtualizor's right to alter these Terms without prior notice, Virtualizor may typically make, within its sole discretion and as a courtesy to all affected Licensee, reasonable efforts to provide Licensee with 7 days advanced notice of any alteration of these Terms that may materially and adversely impact a Enduser's use of the Services.
During the Term, subject to the terms and conditions of this Agreement and provided that the Licensee continues to satisfy and meet all of the Licensee Minimum Requirements as determined from time to time by Virtualizor in its sole discretion, the Licensee shall be entitled to purchase from Virtualizor a license to offer the software to its Endusers / clients. The Licensee shall not sub-license or use Virtualizor on any External Servers unless written consent is obtained from the Developer.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes. The License(s) are for internal use (within the same organisation) only and not for external sales.
The term of this Agreement shall commence when the Licensee purchases / starts using the Software whichever is earlier. "Term" means the Initial Term and any Renewal Terms.
A LIFETIME License is valid till the Life of Server / Node Hardware and cannot be used on another server / Node. The license dies with the server hardware. In the event you sell the hardware, the license will also be transferred to the new owner. For the purpose of the LIFETIME License, the life of the hardware would be considered as the life of the Motherboard of the server. If the Motherboard is replaced or becomes non-functional, the LIFETIME Virtualizor License will be considered to have rendered useless.
MONTHLY / ANNUAL License(s) includes support and regular updates for the term of the license and expires on the date of expiry GMT timezone. To continue receiving support and regular updates, the Licensee will need to renew the license at the prices set by Virtualizor. The prices can be found here.
LIFETIME License(s) includes 1 Year of support and updates from the date of activation i.e. creation of the first Virtual Machine. Licensee can renew the update and/or support for their LIFETIME License(s) at the prices set by Virtualizor. The prices can be found here.
Cancellations. The Enduser may cancel their account/license at any time from the Client Center.
Refunds. In case of a purchase, annual license can be refunded within One Month of purchase of the license by contacting Virtualizor Billing team at email@example.com
One month license can be refunded within 7 days of purchase of the license by contacting Virtualizor Billing team at firstname.lastname@example.org
Lifetime (also called an "owned" or "one-time" license) can be refunded within One Month of purchase of the license by contacting Virtualizor Billing team at email@example.com
These Terms do not give Enduser any rights to Virtualizor intellectual property or technology. Virtualizor and related trademarks and logos are the exclusive property of Softaculous Ltd. Virtualizor and Enduser agree that neither will, directly or indirectly, reverse engineer or decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar Virtualizor from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
In the event of any defect in the media upon which the Software is provided arising within the initial term and all renewal periods, upon return to Developer of the Software upon the original media, Developer shall provide Licensee a new copy of the Software.
(a) on a reasonable basis, serve as a product reference for the Software and other Softaculous products and services and to work with Softaculous to develop a written "informative source story" concerning the Software and other Softaculous products and services for public distribution;
(b) issue a mutually approved press-release concerning the parties' business dealings on the Licensee's website and via other mutually approved means of distribution, such press release to include information about the nature of the parties' business arrangement; and
(c) in a manner approved by Softaculous, feature the Virtualizor logo and other Softaculous Trademarks prominently on the Licensee's web site in relation with Software and other Softaculous products and services featured by Licensee on its web site.
Virtualizor uses sophisticated means of security in connection with the Services. Virtualizor will not be liable for any loss or damages of any kind, under any legal theory.
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Virtualizor does not monitor its Licensee and/or its Endusers' data or activities to determine whether they are in compliance with these Terms. However, when and if Virtualizor becomes aware of any violation of these Terms, Virtualizor may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Virtualizor may take action against a Licensee and/or its Enduser or a Enduser of such Enduser because of the activities of such Enduser. Virtualizor reserves the right to take any such action even though such action may affect other Endusers of the Licensee. Virtualizor may disclose any information in its possession, including, without limitation, information about Licensee and/or its Endusers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Virtualizor or others from harm, and/or to ensure the proper operation of the Services. Virtualizor has no obligation to notify any person, including the Enduser about whom information is sought, that Virtualizor has provided the information.
Reservation of Rights. Virtualizor reserves the right to refuse and cancel service to any Licensee and/or its Enduser(s) for any lawful reason at any time during Licensee's Term of Service.
Copyrights and Application Licensing. When a Licensee and/or its Endusers' uses an application / virtual provided by Virtualizor, the Licensee and/or its Endusers' licenses it from the organization or company that developed the application, not from Virtualizor. Any trademarks, code, and/or script specific data is directly owned by the respective copyright holders.
OS Library Support. Virtualizor cannot guarantee that the latest version currently provided is the latest one being distributed by the vendor, however Virtualizor will always try to offer the latest stable version of the script. Virtualizor reserves the right to discontinue applications managed by Virtualizor at any time. Applications available for upgrade through the vendor may not have upgrade candidates available through Virtualizor. Virtualizor may, at its discretion, choose not to offer a specific version for upgrade if the risk of data loss is unacceptably high, or for any other reason deemed valid by Virtualizor. Upgrades to and from Beta/Release Candidate versions may not be available.
Enduser Support. Virtualizor does not provide support to the Endusers of Virtual Machines; Virtualizor provides support only for the Virtualizor Software. Any support requests regarding actual use of the Virtual Machines must be directed to the organization or company that developed the application.
Data loss. Due to the automated nature of the Virtualizor Services and the possibility of data corruption and loss due to internal and external influences, use of the Services is "at your own risk." The Licensee and/or its Endusers shall not hold Virtualizor responsible for any loss of data that occurs from the use of the Services. It is the Licensee and/or its Endusers's responsibility to back up all data before use of the Services.
In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer. In no event shall Licensee be obligated to pay any tax paid on the income of Developer or paid for Developer's privilege of doing business.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. VIRTUALIZOR HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY VIRTUALIZOR OR VIRTUALIZOR'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, LICENSEE SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. VIRTUALIZOR DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. VIRTUALIZOR DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. VIRTUALIZOR DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR VIRTUALIZOR IN PARTICULAR.
Limitations on VIRTUALIZOR's Liability. VIRTUALIZOR SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL VIRTUALIZOR BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT VIRTUALIZOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. VIRTUALIZOR SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. VIRTUALIZOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL VIRTUALIZOR LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO VIRTUALIZOR FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR VIRTUALIZOR MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, VIRTUALIZOR'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Virtualizor. You agree to defend, indemnify and hold Virtualizor, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Virtualizor's own negligence. Virtualizor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
This Agreement shall be construed and enforced in accordance with the laws of the state of Maharastra, India.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.