Legal
Terms of Service
Last updated: December 7, 2024
Important: Please read these Terms of Service carefully before using OEC.sh. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpenEduCat Inc., a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the OEC.sh platform, including any related websites, applications, APIs, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Cookie Policy, and Acceptable Use Policy, which are incorporated herein by reference.
2. Eligibility
To use the Service, you must:
- Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
- Have the legal capacity to enter into a binding contract;
- Not be prohibited from using the Service under applicable laws;
- Not have been previously suspended or removed from the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Description of Service
OEC.sh is a multi-cloud Odoo hosting platform that enables users to deploy, manage, and scale Odoo Community Edition instances across various cloud infrastructure providers. The Service includes:
- Multi-cloud deployment capabilities to supported cloud providers;
- Multi-project hosting on single or multiple servers;
- Automated backup and restore functionality;
- GitHub and GitLab integration for continuous deployment;
- SSL certificate provisioning and management;
- Performance monitoring and logging;
- White-label capabilities for eligible plans;
- Technical support based on subscription tier.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:
- Create a strong, unique password;
- Enable two-factor authentication when available;
- Not share your account credentials with any third party;
- Notify us immediately of any unauthorized access or security breach.
4.3 Account Responsibility
You are solely responsible for all activities conducted through your account, whether or not authorized by you. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.
5. Subscription Plans and Fees
5.1 Subscription Tiers
The Service is offered through various subscription tiers (Free, Starter, Pro, Agency, and Enterprise), each with different features, limitations, and pricing as described on our Pricing page.
5.2 Billing and Payment
- Paid subscriptions are billed in advance on a monthly or annual basis;
- All fees are quoted and payable in United States Dollars (USD);
- Payment is due upon invoice or as otherwise specified;
- You authorize us to charge your designated payment method for all applicable fees.
5.3 Infrastructure Costs
Cloud infrastructure costs (server instances, storage, bandwidth, etc.) are separate from OEC.sh platform fees and are either:
- Billed directly by your chosen cloud provider; or
- Passed through by OEC.sh at provider rates with no markup.
5.4 No Refunds
All fees are non-refundable. Except as expressly provided in these Terms or required by applicable law, all payments are final and no refunds will be provided for any reason, including unused subscription periods, service dissatisfaction, or account termination.
5.5 Price Changes
We reserve the right to modify our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.
5.6 Taxes
All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such taxes, except for taxes based on our net income.
6. User Content and Data
6.1 Your Content
You retain all rights to the data, code, modules, configurations, and other content you upload, store, or process through the Service ("User Content"). You grant us a limited license to host, store, transfer, and display your User Content solely as necessary to provide the Service.
6.2 Data Location
Your User Content is stored on the cloud infrastructure you select. We do not store your production Odoo data on OEC.sh servers. You are responsible for selecting appropriate regions for data residency compliance.
6.3 Backup Responsibility
While we provide automated backup features, you are ultimately responsible for maintaining your own backup copies of all User Content. We are not liable for any loss of User Content.
6.4 Third-Party Code and Modules
You are solely responsible for any third-party code, modules, or software you deploy through the Service, including compliance with applicable licenses.
7. Odoo Software
7.1 Odoo Community Edition
OEC.sh uses official Odoo Docker images from Docker Hub. Odoo Community Edition is licensed under the GNU Lesser General Public License (LGPL v3). Your use of Odoo software is subject to the terms of that license.
7.2 Odoo Enterprise Edition
OEC.sh does not provide, distribute, or grant access to Odoo Enterprise Edition code or any proprietary Odoo modules. If you wish to deploy Odoo Enterprise, you must:
- Obtain a valid Enterprise license directly from Odoo S.A.;
- Obtain the Enterprise code directly from Odoo S.A.;
- Comply with all Odoo S.A. licensing terms.
7.3 OCA and Third-Party Modules
We support deployment of Odoo Community Association (OCA) modules and third-party modules. You are responsible for ensuring you have appropriate rights and licenses for any modules you deploy.
8. Prohibited Conduct
You agree not to, and will not permit any third party to:
- Violate any applicable laws, regulations, or third-party rights;
- Use the Service for any illegal, fraudulent, or harmful purpose;
- Distribute malware, viruses, or other malicious code;
- Attempt to gain unauthorized access to any systems or networks;
- Interfere with or disrupt the integrity or performance of the Service;
- Circumvent any security measures or usage limitations;
- Use the Service to send spam or unsolicited communications;
- Host content that infringes intellectual property rights;
- Resell or redistribute the Service without authorization;
- Use the Service in any manner that could damage our reputation.
For detailed prohibited uses, see our Acceptable Use Policy.
9. Intellectual Property
9.1 Our Intellectual Property
The Service, including its original content, features, functionality, design, and branding (excluding User Content and third-party software), is owned by OpenEduCat Inc. and is protected by copyright, trademark, and other intellectual property laws.
9.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.
9.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without obligation to you.
10. White-Label Services
For Agency and Enterprise plan subscribers using white-label features:
- You may rebrand the Service interface with your own branding;
- You are responsible for your end-user agreements and support;
- You must ensure your end-users comply with these Terms;
- You may not misrepresent the nature of the underlying Service;
- We retain ownership of all underlying technology and infrastructure.
11. Service Level Agreement
Service availability and uptime commitments are governed by our Service Level Agreement, which forms part of these Terms for applicable subscription tiers.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION;
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 IN NO EVENT SHALL OPENEDUCAT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
13.2 OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).
13.3 THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification
You agree to indemnify, defend, and hold harmless OpenEduCat Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of the Service;
- Your User Content;
- Your violation of these Terms;
- Your violation of any third-party rights;
- Your violation of any applicable laws or regulations;
- Claims by your end-users if you use white-label services.
15. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.
15.2 Binding Arbitration
If we cannot resolve the dispute informally, you and OpenEduCat Inc. agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
15.3 Arbitration Procedures
- The arbitration shall be conducted by a single arbitrator;
- The arbitration shall take place in Wilmington, Delaware, or may be conducted remotely;
- The arbitrator's decision shall be final and binding;
- Judgment on the award may be entered in any court of competent jurisdiction.
15.4 Class Action Waiver
YOU AND OPENEDUCAT INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
15.5 Exceptions
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.
17. Term and Termination
17.1 Term
These Terms commence upon your acceptance and continue until terminated by either party.
17.2 Termination by You
You may terminate your account at any time through the account settings or by contacting support. Termination takes effect at the end of your current billing period. No refunds will be provided for unused portions.
17.3 Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms or our policies;
- Your payment method fails and is not updated within 7 days;
- We reasonably believe your conduct may harm us or other users;
- Required by law or government order.
17.4 Effect of Termination
Upon termination:
- Your right to access the Service immediately ceases;
- You have 30 days to export your data (unless terminated for cause);
- We may delete your User Content after the export period;
- Provisions that by their nature should survive will survive termination.
18. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website;
- Sending an email to your registered address;
- Displaying a notice within the Service.
Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and SLA, constitute the entire agreement between you and OpenEduCat Inc. regarding the Service.
19.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
19.3 Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
19.5 Force Majeure
We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or infrastructure failures.
20. Contact Information
For questions about these Terms, please contact us:
OpenEduCat Inc.
2803 Philadelphia Pike, Suite B #1117
Claymont, DE 19703
United States
Legal Inquiries: [email protected]
General Support: [email protected]
Website: https://oec.sh
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