MassiveGRID Terms of Service
Note: If you are accessing MassiveGRID indirectly, through a reseller who directly accesses MassiveGRID's Infrastructure, Platforms & Services, then these Terms of Service are not applicable to you. You should contact MassiveGRID's Reseller directly and ask for the relevant Terms of Service from them. MassiveGRID is not responsible for any Terms of Service offered by their Resellers.
Table of Contents
1. Definitions
This MassiveGRID Service Agreement (hereinafter, "Agreement") is made and entered into effect between MassiveGRID and the other party (hereinafter, "Customer") agreeing to all parts of this document.
- "MassiveGRID" means MassiveGRID Ltd, Company Number: 10200892, with registered offices at 15 Beaufort Court Admirals Way, Docklands, London, E14 9XL, United Kingdom.
- "Customer" means the individual or entity that agrees to purchase or use any MassiveGRID Service.
- "Services" means the cloud hosting, infrastructure, platform, and related services offered by MassiveGRID.
- "Customer Data" means all data, content, and materials that the Customer stores, transmits, or processes through MassiveGRID's Services.
- "Application" means any software application developed or deployed by the Customer on MassiveGRID's infrastructure.
- "Project" means a Customer's designated workspace or deployment environment within MassiveGRID's platform.
- "Admin Console" means the customer-centric administration portal through which the Customer accesses and manages Services.
- "Fee" means the charges payable by the Customer for the use of Services as communicated through electronic billing.
- "Billing Cycle" means the one-month period for which Service fees are calculated and invoiced.
- "High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage.
2. Account Registration & Agreement
This Agreement becomes effective on the date the Customer agrees to buy any MassiveGRID Service, either a Service from MassiveGRID's web-page www.massivegrid.com, or a customized Service offered through a MassiveGRID proposal.
By agreeing to a MassiveGRID Service, the Customer states that they have read and understood all terms presented, and have legal authority to commit to all of them for the specific period of time this Agreement is effective. If you do not understand any of those terms, you should not buy a Service until you ask for clarifications directly from MassiveGRID.
A hard-copy of this Agreement can be sent to the Customer by sending a relevant request to sales@massivegrid.com.
3. Services & Usage
During the duration of this Agreement, the Customer is allowed to use the offered Services as they are, integrate the Services into Applications, and/or use any Software that is being offered as part of the Service, or any Software that they have legally acquired from another provider.
Any Software used on Services, Applications or Projects run on MassiveGRID's infrastructure shall follow the terms and conditions foreseen in the relevant license agreement issued by the relevant Associate.
By no means is the Customer allowed to sublease and/or transfer any rights, unless it is foreseen under the relevant section of this Agreement. The Customer will be able to access and administer the Services offered by this Agreement through a customer-centric Admin Console.
MassiveGRID may occasionally add new tools, functionalities, features, applications and/or services to Services, without prior notification to the Customer. These additions and updates shall be fully documented and available to the Customer upon request.
MassiveGRID has the right to occasionally modify any terms set in this Agreement. Unless otherwise stated, such modifications shall become effective 30 days after their publication. Any functionality-related modifications shall become effective immediately.
4. Security & Data Processing
MassiveGRID has implemented at least industry standard security systems and confidentiality procedures to:
- Ensure the security and integrity of Customer's Applications, Projects and Data;
- Protect against anticipated threats or hazards to the security and integrity;
- Protect against unauthorized access to, or use of, a Customer's Application, Project and Data.
MassiveGRID is able to offer, upon Customer's request, an enhanced security proposal tailor-made to the Customer's needs.
MassiveGRID shall only change Security & Customer's Data Processing Terms when such a change is required to comply with any Law, Regulation, Direction, Court Order, Decision, Ruling or Guidance issued by a relevant Governmental Body. Such a change shall not impose any negative material impact on Customer's rights and shall not degrade overall Service security.
4.1 Data Location
On specific MassiveGRID Service & Support packages, a Customer may be eligible to select where certain Customer Data will be stored from the available locations where MassiveGRID maintains its facilities. Otherwise, Customer Data will be stored in one location, even if replicated for redundancy purposes. For disaster recovery across different locations, explicit arrangements must be made with MassiveGRID.
5. Acceptable Use Policy
The Customer is the sole responsible party for their Applications, Projects, and Customer Data and for making sure these comply with any applicable law (including Security, Privacy, Data Protection, Copyright infringement, etc.). The Customer commits that they will not:
- Copy, modify, reverse-engineer, decompile, translate, disassemble and/or extract partly or in full the source code of any of the offered MassiveGRID Services.
- Use MassiveGRID's Services for High Risk Activities (unless covered by a separate Agreement).
- Involve MassiveGRID Services, Platforms and Infrastructure in any illegal operation, or in any operations leading to illegal actions.
- Use Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose (including but not limited to phishing, creating a pyramid scheme or mirroring a website).
- Intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- Disable, degrade, interfere with or circumvent any aspect of the Services. For MassiveGRID PaaS offerings in shared infrastructure, mining or any similar actions are considered abuse.
- Generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising campaigns or other solicitations ("spam").
- Use the Services, or any interfaces provided with the Services, to access any other MassiveGRID product or service in a manner that violates this Agreement.
Any actions leading to any of the above-mentioned events shall be communicated to MassiveGRID at abuse@massivegrid.com. If no corrective action is taken within 24 hours (4 hours for Spam violations), MassiveGRID shall disable the relevant Project, Application and/or Account.
6. Service Level Agreement
MassiveGRID guarantees a 99.99% uptime SLA for all production cloud hosting services. In the event of service interruption beyond the guaranteed uptime, the Customer shall be eligible for service credits as follows:
- 99.9% - 99.99%: 5% service credit of the monthly fee
- 99.0% - 99.9%: 10% service credit of the monthly fee
- 95.0% - 99.0%: 25% service credit of the monthly fee
- Below 95.0%: 50% service credit of the monthly fee
6.1 SLA Exclusions
The following events are excluded from SLA calculations and shall not be considered as service downtime:
- Planned maintenance windows communicated to the Customer at least 48 hours in advance;
- Force majeure events including but not limited to natural disasters, wars, and government actions;
- Service disruptions caused by the Customer's actions, misconfigurations, or third-party software;
- DNS-related issues outside of MassiveGRID's control;
- Network issues between the Customer's end-users and MassiveGRID's network edge;
- Disruptions resulting from Customer's breach of this Agreement.
6.2 Service Credit Claims
Service credit requests must be submitted in writing within 30 days of the incident. The Customer must provide sufficient detail to allow MassiveGRID to verify the claim, including the time and duration of the disruption and affected services. Service credits are applied to the Customer's next Billing Cycle and cannot be redeemed for cash.
6.3 Technical Support
Customer has Technical Support for their Service through the basic Support Package included in their service, namely Essential Support. This Support package is offered with no additional charge. All other additional Technical Support Packages (Support) are subject to additional recurring monthly Fees. The Customer may choose to upgrade their Support package at any time, as long as the chosen one is eligible for the Customer's Service type.
7. Payment Terms
MassiveGRID's Services are offered on a monthly-basis period, with different minimum durations depending on the requested Service:
- Off-the-shelf Services (Dedicated Servers, Private Clouds): minimum duration of one (1) month.
- Infrastructure Services or customized solutions: minimum duration of twelve (12) months.
The Billing Cycle is one month. Depending on the selected Service, a Customer might need to pay in advance a Fee corresponding to more than one Billing Cycle (e.g., quarterly). The Customer shall pay the applicable Fee, at the latest on the due date stated in the bill.
Some MassiveGRID services include a free-of-charge threshold, over which the service is charged extra according to the price-lists available on the MassiveGRID website. Over-threshold usage shall be charged on the next Billing Cycle.
MassiveGRID's measurement systems and mechanisms are 100% accurate and all Customer usage measurements are considered final.
The services provided by MassiveGRID are considered as PaaS (Platform as a Service) and IaaS (Infrastructure as a Service). According to US tax legislation, these services are categorized as not tangible services and consequently are not subject to sales tax.
7.1 Late Payments
If a Customer does not pay their bill by the stated due date, MassiveGRID reserves the right to suspend the Customer's Account. In such a case, MassiveGRID is entitled to claim an activation fee equaling an additional 10% of the total overdue bill to reactivate a suspended Account.
MassiveGRID reserves the right to terminate a Customer's Account if overdue payments are not settled within 10 days of Account suspension. Termination means the Customer loses all Customer Data associated with the Account.
7.2 Chargebacks
In the event of a Chargeback request from any associated financial institution, MassiveGRID shall suspend the relevant account and contact the Customer immediately for clarification. If the Customer does not provide valid documentation within 24 hours, MassiveGRID shall terminate the Service and return the charged amount to the Chargeback initiator.
MassiveGRID does not store credit card details nor shares customer details with any 3rd parties.
8. Cancellation & Refunds
8.1 Monthly Services
For Services offered on a monthly-basis period, a Customer has the right to cancel at any time. However, no refund is offered in any kind of form (service credit, money, etc.) for the unused remaining time. The Customer maintains their right to use these Services for the remaining paid period, after which the Service is terminated.
8.2 Money-Back Guarantee
The sole exception that applies, and a Customer is entitled to a refund in the form of money-back, is when the request is formally placed within the first 15 days of the first month of Service activation. The Customer can request one refund per product category. In such a case, the money is refunded in full and the Service is terminated immediately. Promotional offers are excluded from refunds.
8.3 Unused Services
No refund in any kind of form (money-back, credit, etc.) is offered to Customers who activated such Services and did not use them. Customers of such Services are eligible for Service Upgrade at any time. Service Downgrade is also allowed at the end of each paid Billing Cycle.
8.4 Customized Solutions
For Services offered through a proposal as a customized solution with a minimum duration of twelve (12) months, no refund is offered in any kind of form, unless it is explicitly stated in the proposal and/or signed contract. Service Upgrade/Downgrade for such cases is also subject to Proposal/Contract terms.
8.5 Disputed Fees
A Customer is obliged to proceed to an official claim related to any disputed Fees within a time period of 30 days from the moment the Bill has been issued. If this 30-day period elapses, the Customer waives all relevant claims. Any Refund is at MassiveGRID's discretion and can be only offered in the form of Service credit for a future billing cycle.
9. Intellectual Property
A Customer owns all Intellectual Property Rights related to their Customer Data, and (if applicable) to their Projects and Applications. Intellectual Property Rights in the Services and Software offered by MassiveGRID may be owned by MassiveGRID, a third-party, or a MassiveGRID Associate or Affiliate.
MassiveGRID cannot determine whether something is being used or distributed legally in terms of Intellectual Property Rights legislation and cannot be held responsible for Customer actions. MassiveGRID shall respond to any notices of alleged copyright infringement and reserves the power to suspend and/or terminate any Customer's Account in case of Intellectual Property Rights Infringement.
Any Customer Feedback related to MassiveGRID Service shall be used by MassiveGRID without any other obligation to the Customer, who assigns to MassiveGRID all rights in that Feedback.
10. Confidentiality
Both parties will not disclose Confidential Information, except to Affiliates, employees, agents or professional advisors who need to be aware of it and have agreed in writing to keep it confidential.
Both Parties will ensure that authorized persons use received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while taking all reasonable actions to keep it confidential.
Both parties may disclose Confidential Information to the extent required by applicable Legal Process, provided that they use commercially reasonable efforts to promptly notify the other party before disclosing, and comply with the other party's reasonable requests regarding efforts to oppose disclosure.
11. Limitation of Liability
To the maximum extent permitted by applicable law, MassiveGRID shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of the cause of action or the theory of liability.
MassiveGRID's total aggregate liability under this Agreement shall not exceed the total amount of Fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.
MassiveGRID has the right to suspend an Application, Project and/or Account in case of an Emergency Security Issue. Suspension will be to the minimum extent required and of the minimum duration to prevent or resolve the Emergency Security Issue.
12. Indemnification
The Customer agrees to indemnify, defend, and hold harmless MassiveGRID, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- The Customer's use of the Services;
- Any violation of this Agreement by the Customer;
- Any violation of applicable laws by the Customer;
- Any Customer Data or Applications that infringe upon the rights of any third party;
- Any actions of the Customer's End Users.
13. Data Protection
MassiveGRID shall not use Customer Data except to the extent necessary to provide the Services offered to the Customer. MassiveGRID is fully compliant with the General Data Protection Regulation (GDPR) and maintains comprehensive data protection measures.
For detailed information on how we collect, process, and protect personal data, please refer to our Data Privacy & Cookies Policy and GDPR Compliance page.
MassiveGRID provides Documentation related to the Services offered for Customer use, including any restrictions on how Applications shall be developed or how Services may be used.
13.1 Customer Data Ownership
The Customer retains all ownership and intellectual property rights over their Customer Data at all times. MassiveGRID processes Customer Data solely for the purpose of providing the contracted Services and does not use Customer Data for any other purpose, including marketing, advertising, or data analytics.
13.2 Data Security Measures
MassiveGRID implements and maintains industry-standard technical and organizational measures to protect Customer Data, including but not limited to:
- Encryption of data in transit using TLS 1.2/1.3 protocols;
- AES-256 encryption available for data at rest;
- Role-based access controls with principle of least privilege;
- Multi-factor authentication for all administrative access;
- Regular vulnerability assessments and penetration testing;
- 24/7 monitoring and intrusion detection systems;
- Physical security measures at all data center locations.
13.3 Data Breach Notification
In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals, MassiveGRID shall notify the Customer without undue delay and in any event within 72 hours of becoming aware of the breach. The notification shall include the nature of the breach, likely consequences, and measures taken to address and mitigate it.
13.4 Data Deletion
Upon termination or expiration of this Agreement, MassiveGRID shall, at the Customer's election, delete or return all Customer Data within 30 days. After this period, MassiveGRID may delete remaining Customer Data unless retention is required by applicable law.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.1 Entire Agreement
This Agreement, together with any applicable Service Order, proposal, or contract, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.
14.2 Amendments
MassiveGRID reserves the right to modify this Agreement from time to time. Unless otherwise stated, modifications shall become effective 30 days after publication. Functionality-related modifications shall become effective immediately. In case a Customer does not agree to the revised Agreement, they should stop using MassiveGRID's Services immediately and officially inform MassiveGRID accordingly.
14.3 Notices
All notices under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed electronic transmission, or sent by certified mail to the address specified in the Customer's Account or to MassiveGRID's registered address.
14.4 Assignment
Neither party may assign or transfer this Agreement without the prior written consent of the other party, except that MassiveGRID may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
14.5 Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Contact Information
For questions, clarifications, or concerns regarding these Terms of Service, please do not hesitate to contact us at:
- MassiveGRID Ltd
- Company Number: 10200892
- 15 Beaufort Court Admirals Way, Docklands, London, E14 9XL, United Kingdom
- Telephone: +44 203 808 5577
- Email: sales@massivegrid.com
- Abuse reports: abuse@massivegrid.com
- Privacy inquiries: privacy@massivegrid.com
For additional information about our data protection practices, please refer to our Data Privacy & Cookies Policy and GDPR Compliance pages.