Terms of Service

1. Agreement to Terms

By accessing or using Omni Cart's services, website, or any applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms apply to all visitors, users, and others who access or use the Services. We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the changes becoming effective.

2. Description of Services

Omni Cart provides a Docker Swarm-based hosting platform that enables users to deploy, manage, and scale software applications. Our Services include but are not limited to:

• Container orchestration and deployment services
• Automatic scaling and load balancing
• Monitoring and logging infrastructure
• Security and access management features
• Technical support and documentation

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current, or if we suspect that your account has been compromised.

4. Acceptable Use Policy

You agree not to use the Services in any way that:

• Violates any applicable law or regulation
• Infringes upon the rights of others
• Distributes malware, viruses, or harmful code
• Attempts to gain unauthorized access to our systems
• Interferes with the proper functioning of the Services
• Engages in cryptocurrency mining without prior approval
• Sends unsolicited communications (spam)
• Hosts illegal content or promotes illegal activities

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

5. Payment Terms

Certain features of the Services require payment. By selecting a paid plan, you agree to pay all applicable fees. Payment terms include:

• All fees are charged in advance on a monthly or annual basis
• Fees are non-refundable except as required by law
• We may change pricing with 30 days' notice before your next billing cycle
• Failure to pay may result in suspension or termination of Services
• You are responsible for any applicable taxes

Usage-based charges will be calculated and billed at the end of each billing period based on your actual usage of the Services.

6. Intellectual Property Rights

The Services and all content, features, and functionality are owned by Omni Cart and are protected by copyright, trademark, and other intellectual property laws.

You retain all rights to your content that you upload, submit, or deploy through the Services ("User Content"). By using the Services, you grant us a limited license to host, store, and display your User Content solely for the purpose of providing the Services.

You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of our software.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNI CART SHALL NOT 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.

Our total liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Omni Cart and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your User Content, or your violation of these Terms.

9. Service Level Agreement

We strive to maintain 99.9% uptime for our Services. In the event we fail to meet this commitment, you may be eligible for service credits as outlined in our Service Level Agreement (SLA).

The SLA does not apply to scheduled maintenance, force majeure events, or issues caused by factors outside our reasonable control, including your equipment, third-party services, or your failure to follow proper usage guidelines.

10. Termination

You may terminate your account at any time through your account settings or by contacting us. We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if:

• You breach these Terms
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the Services

Upon termination, your right to use the Services will cease immediately. You may export your data within 30 days of termination, after which we may delete your User Content.

11. Governing Law and Dispute Resolution

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 disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's decision shall be final and binding.