Terms of Service

Thank you for using PikaPods.

These Terms of Service ("Terms") apply to your use of our website, products, and services (collectively, the "Service"). Please read them carefully and contact us if you have any questions. By using PikaPods, you agree to be bound by these Terms. If you are using PikaPods on behalf of an organization, you agree to these Terms on behalf of that organization.

1. Service Definition

PikaPods, operated by Peakford Ltd, provides a container-based hosting platform for open-source applications that are developed, maintained, and distributed by independent third-party authors and communities (the "Third-Party Developers"). The Service includes tools and templates designed to streamline the deployment and configuration of these applications for end-users.

PikaPods does not create, own, control, or modify the underlying source code, features, security, or functionality of the hosted applications. The applications are provided "as-is," and their development, maintenance, and updates remain the sole responsibility of the respective Third-Party Developers.

2. Liability for Hosted Applications

While PikaPods makes reasonable efforts to ensure a reliable hosting experience by conducting limited testing of updates, assisting with the resolution of user-reported issues in collaboration with Third-Party Developers, and promptly implementing critical updates for security or bug fixes, PikaPods does not guarantee the suitability, functionality, or security of any hosted application.

PikaPods serves solely as a hosting provider and does not warrant the quality, performance, or safety of any application hosted on the platform. Users are responsible for evaluating whether a selected application meets their specific requirements, including compliance with any applicable laws or regulations, such as the EU Cyber Resilience Act ("CRA") and other relevant cybersecurity or product liability laws.

Where applicable, responsibility for compliance with such laws lies with the relevant parties, which may include the third-party developers of the hosted applications or integrators using the PikaPods platform to host, deploy, or distribute these applications. PikaPods does not assume any responsibility for ensuring that hosted applications meet these legal or regulatory requirements.

By using the Service, you acknowledge that the use of any hosted application is at your own discretion and risk. PikaPods shall not be held responsible for any issues, including but not limited to malfunctions, vulnerabilities, or inadequacies in the applications, even where such issues may have legal or regulatory implications.

3. Uploaded Content

Users retain ownership of any files or content they upload to PikaPods. It is the user’s responsibility to ensure that they have the necessary rights and permissions to store or distribute uploaded content. If we become aware of content that violates applicable laws or these Terms, we reserve the right to remove such content without prior notice and may take further action as necessary to comply with legal obligations or prevent harm to our Service or users.

4. Service Abuse

PikaPods is committed to maintaining a fair and stable hosting environment. Users must not misuse the Service, including but not limited to:

• Cause excessive resource consumption that may impact the performance of the Service for other users. Particularly by engaging in activities such as crypto mining, spamming, or other resource-intensive operations that go beyond the expected usage of the application.
• Using the Service for any unlawful, harmful, or disruptive activities. This includes spamming, phishing, or port scanning.
• Attempting to gain unauthorized access to other users' accounts or data.
• Opening multiple accounts to circumvent usage limits or gain additional free promotional credits.

If abuse is detected, users will be issued a warning. Failure to address the issue promptly may result in account suspension.

Reporting Abuse: If you notice abuse or unauthorized material originating from our servers, please contact us at abuse@pikapods.com. We will review and take appropriate action, including content removal, within 24 hours.

5. Payments and Billing

PikaPods is a hosting service and we bill you for the resources used on an hourly basis. There is no guarantee for the correct working of any app, as those are supplied by third parties.

All products are priced in USD and processed securely through Stripe Inc. only. When entering your credit card all payment details will be stored securely with Stripe Inc. We never see or process your payment details.

After using up any free credit, you can add credit to your account using a variety of payment methods. When running apps, you will be billed for actual resource usage only, as shown in your account dashboard.

If you notice any errors in your charges, please get in touch with support and we will rectify the problem.

6. Taxation

Users may be subject to value-added tax (VAT) based on their location and billing address. PikaPods complies with applicable tax regulations, including remitting VAT payments to relevant authorities. Business users in the EU with valid VAT numbers must provide these details during account setup to qualify for VAT exemptions.

7. Refund Policy

All account credit is non-refundable, but can be used for any app available on the platform and never expires.

For the purpose of EU directive 2011/83/EU, resources are allocated to you and the delivery of our service starts at the time of adding account credits and you acknowledge the loss of your right to withdraw from the contract at that time.

8. Unpaid Accounts

If your account lacks an active payment method and free credits are exhausted, services (e.g., hosted pods) will be paused. If the account remains unpaid for an extended period, we may delete your data and terminate the account after a reasonable grace period and notifications.

9. Trademarks

All product names and trademarks are the property of their respective owners, which are in no way associated or affiliated with us. Product names are used solely for the purpose of identifying the specific products that can be deployed by our customers on our service in an unmodified form. Use of these names does not imply any co-operation or endorsement unless stated otherwise.

10. Data Backups

We store server-wide offsite backups of all user data in a separate geographic location. This includes snapshots of past data status. If you need to restore data for a single application we can provide you with a snapshot of your data in exchange for a small administrative fee. In the future this may be automated and become available as free service.

11. Limitation of Liability

To the fullest extent allowed by law, PikaPods (and Peakford Ltd) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to, use of, inability to access, or inability to use our service;
• Any third party conduct or content on PikaPods, including any defamatory, offensive, or illegal conduct of third parties;
• Any unauthorized access, use, or alteration of your content.

to access, or inability to use our service; (B) any third party conduct or content on PikaPods, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content.

12. Linked Products and Services

We are proud to be part of a wider community, which includes different open source projects and complementary services. Sites that we link to may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.

13. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and PikaPods. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14. Modification

The Terms may be modified from time to time. If we make changes that we believe will substantially alter your rights, we will notify you. You'll agree to accept any changes or revisions to the Terms by continuing to use our service.

15. Governing Law

These Terms shall be governed by the laws of Malta, without regard to its conflict of law provisions.

16. Privacy

Please see the Privacy Policy for information on data privacy.