1. What these terms cover
BuiltByOtte Cloud ("Cloud") is our managed hosting for software such as Paymenter, Pterodactyl and Pelican. Each installation we host for you under a Cloud subscription, together with the addons in it, is a "Service". These Cloud Terms apply to every Cloud subscription, together with our Terms of Service. Where the two differ, these Cloud Terms apply to Cloud. Our SLA and Privacy Policy also apply.
Paymenter, Pterodactyl and Pelican are open-source projects that we don't own and aren't affiliated with; their own licenses apply to that software. We install, host and maintain it for you.
2. What you get
- A Service installed on our servers, reachable at its own address on builtbyotte.cloud and, if you add one, on your own domain with SSL.
- Full admin access to the software. There is no SSH or other access to the server.
- Updates to the software and to the addons in your subscription, daily encrypted backups kept for 14 days, and monitoring.
- For Pterodactyl and Pelican we host the web interface only. You connect and run your own nodes (Wings).
- A location in Europe or the United States, chosen when you order. You can move your Service to the other location from your dashboard once every 30 days; it is offline for a few minutes while it moves.
- Addons: our store resources, switched on and off per month from your dashboard. While an addon is in your subscription you may use it in that Service; when you remove it or the subscription ends, we uninstall it. Buying a resource in our store gives you a separate, permanent license.
3. Ordering and set-up
You order on builtbyotte.com/cloud and pay through Stripe. The contract is made when your payment is confirmed. At checkout you ask us to set up your Service straight away; it is usually ready within minutes and we e-mail you when it is. If we can't set it up within 7 days, for example because a location is full, you can cancel and we refund what you paid in full.
4. Prices and payment
- Prices are shown when you order and in your dashboard. As described in our Terms of Service, no Dutch VAT is charged because we take part in the small business scheme (kleineondernemersregeling).
- You pay in advance, monthly or yearly. A yearly plan costs 10 times the monthly price.
- Launch offer: the first customers get the discount shown at checkout for the period shown there. After that period the normal price applies.
- When you add or remove an addon, your price changes straight away and the difference for the current period is settled on your next invoice.
- We may change prices for the future. We tell you by e-mail at least 30 days before a change takes effect at your next renewal, and you can cancel before then.
- If a payment fails, Stripe tries again and we e-mail you. If it is still unpaid after 14 days, we may stop your Service. Your data is kept for 30 more days; if the payment isn't made in that time, the subscription ends and we delete it as described in section 5.
5. Cancelling, withdrawal and the end of a subscription
Cancelling. You can cancel at any time in your dashboard. Your Service keeps running until the end of the period you paid for, and the subscription then ends. Apart from the cases in this section and where the law requires it, we don't refund the rest of a period.
Yearly plans. A yearly plan renews for another year unless you cancel. If you are a consumer, you can end a renewed yearly plan at any time with one month's notice; we then refund the full months that are left.
Right of withdrawal. As a consumer you can withdraw from a Cloud subscription within 14 days of ordering, without giving a reason, by e-mailing contact@builtbyotte.com or using the model form in our Terms of Service. Because you asked us to start straight away, you pay for the days your Service was available until you withdrew, in proportion to the price; we refund the rest within 14 days of your withdrawal, using the same payment method. This right only applies to consumers, not to business customers.
When a subscription ends, we stop your Service and keep its data for 30 days, so you can start a new subscription or ask us for an export of the database and files, free of charge. After those 30 days we delete the Service and its data. Its backups expire on their own within 16 days after that.
6. Your Service, your code and your data
- You may upload your own extensions, themes and plugins. They are your responsibility. If they break the Service or put the platform at risk, we may switch them off and tell you why. If an update clashes with them, we may restore a backup or switch them off; you can then adjust your code.
- You are responsible for what you and your users put in the Service, for your own terms and privacy policy towards your customers, and for having a legal basis for the personal data you process in it.
- Keep your admin login safe and change the password we set when installing after your first login. Turn on two-factor authentication where the software offers it.
- The software sends e-mail through the mail provider you configure in it. We don't send e-mail on your Service's behalf.
- We don't look at the contents of your Service, except when you ask us for help, when we need to fix a problem with it, or when the law requires it.
7. Acceptable use
A Service is for running the software you ordered. You may not use it, or let others use it, to:
- break the law, or offer, store or sell illegal content, goods or services;
- run phishing, malware, fraud, carding or anything that uses stolen data;
- send spam or other unsolicited bulk e-mail;
- run software that isn't part of the Service or its extensions, such as cryptocurrency miners, proxies, VPNs, bots, scanners, file hosting or game servers;
- attack, scan or try to get into other systems, other customers' Services or our servers, or try to get out of your Service's sandbox;
- infringe other people's rights, such as copyright, trademarks or privacy;
- use far more resources than running the Service normally needs, in a way that slows down the service for others;
- resell or rent out the Service itself. Using it to sell your own products and services is of course fine.
If a Service breaks these rules, we usually contact you first and give you reasonable time to fix it. We stop a Service straight away when that is needed to protect others, our servers or our network, or when the law requires it; we then tell you why. For serious or repeated breaches we may end the subscription. Stopping a Service for a breach does not entitle you to a refund.
To report abuse or illegal content on a Service we host, e-mail contact@builtbyotte.com with its address and your reasons. We handle reports as described in section 11 of our Terms of Service.
8. Availability, maintenance and backups
The availability and support targets for Cloud are in our SLA. We keep Services updated; most updates go unnoticed, and we announce larger ones in advance where we can. We may move a Service to other hardware within the same location.
We make an encrypted backup of every Service each night and keep it for 14 days. On request we restore your Service to one of those backups. Backups protect against problems on our side; for data that is important to you, also keep your own exports.
9. Processing personal data for you
For the personal data that you and your users store in your Service, you are the controller and we are your processor under Article 28 of the GDPR. This section is our data processing agreement.
- Subject and duration: hosting, running, maintaining, backing up and supporting your Service, for as long as the subscription runs and until the data is deleted as described in section 5.
- Data and people: whatever you store in the Service. Usually that is contact, account, order, billing and technical details of your customers, users and staff, and visitors' IP addresses and browser details in its logs.
- Instructions: we only process this data to provide Cloud, following these terms, what you do in your Service and dashboard, and what you ask us in support requests. We tell you if we think an instruction breaks the law. We only use or disclose the data otherwise when the law requires it, and then tell you first unless that is not allowed.
- Confidentiality: only BuiltByOtte has access to the servers and backups, and we keep the data confidential.
- Security: each Service runs in its own sandboxed container with its own database and network, traffic uses HTTPS, backups are encrypted before they leave the server, access to the servers is limited to us, and the software is kept updated.
- Sub-processors: the companies that rent us the servers in data centres in France and the United States, Backblaze for the encrypted backups (EU region) and Cloudflare for the traffic to Services. You agree to these. We tell you by e-mail at least 30 days before we add or replace one; if you object, you can cancel and we refund the period you paid for in advance. We bind each sub-processor to data protection obligations that match this section.
- Location: your Service's data is stored in the location you chose. If you choose the United States, the data is stored there, and it is up to you to decide whether that is right for the data you put in your Service.
- Assistance: we help you, as far as we reasonably can, to answer requests from the people whose data is in your Service, with data protection impact assessments and with consultations of a supervisory authority.
- Data breaches: we tell you without undue delay, and within 48 hours of finding out, about a breach that affects personal data in your Service, with the information we have, so you can meet your own obligations.
- End: when the subscription ends, we give you an export on request and delete the data as described in section 5.
- Audits: we give you the information you need to check that we meet this section. An audit on location is possible by agreement, at your cost and with reasonable notice.
10. Liability
Section 15 of our Terms of Service applies. For business customers, our total liability for Cloud is also limited to what you paid for the subscription in the 12 months before the event that caused the damage. We are not responsible for damage caused by your own extensions, code or configuration, by your nodes, or by login details that got out on your side. None of this limits the rights consumers have under the law.
11. Changes to these Cloud Terms
We may update these Cloud Terms. The current version is always at builtbyotte.com/cloud-terms. We tell you by e-mail at least 30 days before a change that is to your disadvantage takes effect; you can cancel before then.
12. Contact
Questions about Cloud or these terms: contact@builtbyotte.com.