Terms of Service

Last updated: August 19th, 2025

1. Introduction

Welcome to Serversinc, a product of Diamond Boi LTD ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, dashboard, API, Tugboat agent, and related services (collectively, the "Service"). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Eligibility

You must be at least 16 years old and legally capable of entering into binding contracts to use the Service. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account and provide accurate, current, and complete information. You agree to maintain and promptly update your account information.

3.2 Account Security

You are solely responsible for:

• Safeguarding your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

4. Description of Service

Serversinc is a server and application management platform that provides:

• Software tools for managing applications and deployments
• An agent (Tugboat) that operates on your servers under your control
• Monitoring and management features through collected metrics (e.g., CPU usage, memory, uptime)
• Dashboard and API access for server management

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree not to:

• Use the Service for unlawful purposes or to violate any applicable laws
• Host, deploy, or distribute illegal, infringing, harmful, or otherwise prohibited content
• Attempt to gain unauthorized access to the Service or interfere with its operation
• Upload or transmit malicious code, viruses, or harmful content
• Infringe upon the intellectual property rights of others
• Use the Service in any way that could damage, disable, or impair the Service

5.3 Your Responsibility

You are solely responsible for all applications, content, and data you deploy or manage using Serversinc. We have no ownership of or control over your servers and assume no liability for the content or applications you run on them.

6. Service Availability and Modifications

6.1 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted or error-free operation.

6.2 Planned Modifications and Maintenance

For any planned modifications, maintenance, or other activities that we reasonably believe may cause service disruption, we will provide at least 2 weeks' advance notice through the Service, email, or other reasonable means.

6.3 Service Discontinuation

If we plan to suspend or discontinue the Service entirely, we will provide at least 4 weeks' advance notice to allow you to make alternative arrangements.

6.4 Emergency Situations

Notwithstanding the above, we may make immediate changes or temporarily suspend the Service without advance notice if required for security reasons, to address critical technical issues, or to comply with legal requirements.

7. Fees and Payment

7.1 Pricing

Certain features of the Service may require payment. All fees are displayed at the time of purchase and are due as specified.

7.2 Payment Processing

Payments are processed by Stripe. By providing payment information, you agree to comply with their terms of service as well.

7.3 Refunds

All fees are non-refundable unless otherwise required by applicable law or expressly stated in writing by us.

8. Intellectual Property Rights

8.1 Our Rights

The Service, including all content, features, functionality, software, trademarks, and other intellectual property, is owned by Diamond Boi LTD, Serversinc, or our licensors and is protected by copyright, trademark, and other intellectual property laws.

8.2 Your License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes. This license does not permit you to:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract source code from the Service
• Remove or alter any proprietary notices or labels

8.3 Your Content

You retain ownership of any content you upload or deploy through the Service. By using the Service, you grant us a limited license to process and display such content as necessary to provide the Service.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at [https://serversinc.io/privacy], which is incorporated into these Terms by reference.

10. Limitation of Liability

10.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Damages

To the fullest extent permitted by applicable law, Diamond Boi LTD and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or relating to your use of the Service.

10.3 Maximum Liability

In no event shall our total liability to you for all claims related to the Service exceed the amount you paid us for the Service in the 12 months immediately preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Diamond Boi LTD, Serversinc, and our respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you deploy or manage through the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at hello@serversinc.io or through the Service interface.

12.2 Termination by Us

We may terminate or suspend your access to the Service:

Immediately, without notice, if:

• You breach these Terms, our Acceptable Use Policy, or any applicable law
• Your account poses a security risk to the Service or other users
• We are required to do so by law or court order
• Your use of the Service causes technical harm or disruption

With reasonable notice (typically 30 days) for:

• Business reasons unrelated to your conduct
• Discontinuation of the Service (subject to the 4-week notice period in Section 6.3)

We will make reasonable efforts to provide you with an opportunity to remedy any breach before termination, except where immediate action is necessary to protect the Service, other users, or comply with legal requirements.

12.3 Effect of Termination

Upon termination, your right to access and use the Service will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to These Terms

We may modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice through the Service or by email to the address associated with your account. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@serversinc.io Website: https://serversinc.io

Company No. 12826102

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.