Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Orkestr platform ("Platform", "Service"), operated by WhiteCloud Project S.R.L., a company registered in Romania ("Company", "we", "us", "our"). Orkestr is a platform-as-a-service ("PaaS") that enables developers to deploy, host, and manage web applications and backend services on European infrastructure.

By creating an account, deploying an application, or otherwise using the Service, you ("User", "you", "your") agree to be bound by these Terms, our Acceptable Use Policy ("AUP"), and our Privacy Policy, each of which is incorporated by reference. If you do not agree to these Terms, you must not use the Service.

We may update these Terms from time to time. We will notify you of material changes via email or through the Platform. Continued use of the Service after such notice constitutes acceptance of the updated Terms.

2.1 Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2.2 Account Registration

You must register for an account using email and password or via OAuth through a supported Git provider (currently GitHub, GitLab, Bitbucket, and Codeberg). You agree to provide accurate and current information and to keep your account credentials secure. You are solely responsible for all activity under your account.

2.3 Account Security

You must notify us immediately at security@orkestr.eu if you become aware of any unauthorised use of your account. We are not liable for any loss arising from unauthorised use of your account where you have failed to maintain adequate security.

3.1 Description

Orkestr provides automated build, deployment, hosting, and management of containerised applications. The Service includes framework auto-detection, Dockerfile generation, CI/CD pipelines, container orchestration, managed database add-ons, domain routing, and monitoring capabilities.

3.2 Infrastructure

Applications are hosted on European infrastructure (Hetzner Cloud, Germany). We use Docker containers, Traefik for routing with Let's Encrypt certificates, and Bunny CDN (Slovenia) for DNS and content delivery. We reserve the right to change infrastructure providers at any time, provided the Service remains materially equivalent.

3.3 Service Availability

We target 99.5% monthly uptime for paid plans, measured as the percentage of minutes in a calendar month during which the Platform's core services (deployment, routing, and dashboard) are operational. This target excludes scheduled maintenance windows (announced at least 24 hours in advance), force majeure events, third-party provider outages, and downtime caused by your own application code. Free-tier accounts are provided on a best-effort basis with no uptime commitment. This availability target is a goal, not a contractual guarantee, and does not entitle you to service credits.

3.4 Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide at least 30 days' notice before discontinuing a core feature or the Service entirely, except where immediate action is required for security or legal compliance.

3.5 Beta and Preview Features

We may offer certain features labelled as "beta", "preview", "experimental", or similar. Such features are provided as-is, without any uptime commitment or support guarantee, and may be modified, degraded, or removed at any time without notice. Beta features may have additional terms displayed at the point of activation. Your use of beta features is at your own risk, and we strongly recommend against using them in production workloads.

4.1 Plan Tiers

The Service is offered under various plan tiers (e.g., Free, Pro, Team) as described on our pricing page. Each plan tier defines resource allocations, feature access, project limits, and other constraints.

4.2 Billing

Paid plans are billed in advance on a monthly or annual basis in Euros. Payment is processed via Mollie B.V. (Netherlands). You authorise us to charge your payment method on file for all applicable fees. All fees are exclusive of applicable taxes unless stated otherwise.

4.3 Overages and Upgrades

If your usage exceeds your plan limits, we may throttle resources, suspend deployments, or prompt you to upgrade. We will not charge overage fees without prior notice and your consent.

4.4 Refunds

Monthly subscriptions: no refunds for partial months. Annual subscriptions: pro-rata refund for unused full months if cancelled within the first 30 days. No refunds after the first 30 days of an annual subscription. Free-tier usage is not refundable as no payment is made.

4.5 Price Changes

We may change pricing with at least 30 days' notice. Price changes apply to the next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription before it takes effect.

4.6 EU Right of Withdrawal

If you are a consumer in the European Union, you have the right to withdraw from a distance contract within 14 days of purchase without giving any reason, in accordance with Directive 2011/83/EU. However, by subscribing to a paid plan and using the Service (e.g., deploying an application), you expressly consent to the immediate performance of the digital service and acknowledge that you lose your right of withdrawal once the Service has been fully performed. If you cancel within the 14-day period before any deployment or material use, you are entitled to a full refund.

4.7 Free Tier

The free tier is provided at our discretion and may be modified, limited, or discontinued at any time with at least 30 days' notice. We reserve the right to delete free-tier accounts and their associated data after 90 consecutive days of inactivity (no deployments, no logins, no API calls). We will send a warning email at least 14 days before deletion. Free-tier accounts are not eligible for support, SLA commitments, or data export assistance.

5.1 Ownership

You retain all intellectual property rights in your application code, data, and content ("Your Content"). We do not claim ownership of Your Content. By using the Service, you grant us a limited, non-exclusive licence to host, store, build, and serve Your Content solely for the purpose of providing the Service to you.

5.2 Your Responsibilities

You are solely responsible for Your Content and your applications. You must ensure that Your Content does not violate any applicable law, regulation, or third-party rights. You are responsible for maintaining backups of Your Content; while we take reasonable precautions, we are not a backup service.

5.3 Acceptable Use

Your use of the Service is subject to the Orkestr Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the AUP may result in suspension or termination of your account.

6.1 Personal Data

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR). By using the Service, you acknowledge that you have read and understood our Privacy Policy.

6.2 Data Location

Your application data and containers are hosted in EU data centres (Hetzner, Germany/Finland) unless you explicitly select an alternative region on an eligible plan. All our primary sub-processors (Hetzner, Bunny CDN, Mollie) are EU-based, meaning your application data does not leave the European Economic Area in normal operation.

6.3 Data Processing

Where you use Orkestr to process personal data of your own end users, you act as the data controller and we act as the data processor. A Data Processing Agreement ("DPA") is available on request and will be provided as a standard addendum to these Terms for paid plans.

The Orkestr platform, including its software, design, branding, documentation, and all related intellectual property, is owned by WhiteCloud Project S.R.L. or its licensors. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

We use open-source software in the provision of the Service. Such software is governed by its own licence terms.

8.1 Exclusion of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation

To the maximum extent permitted by applicable law, our total aggregate liability for any claims arising from or relating to the Service shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim, or 100 EUR, whichever is greater.

8.3 Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, whether arising from contract, tort, or otherwise, even if advised of the possibility of such damages.

8.4 Exceptions

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless WhiteCloud Project S.R.L., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content or your applications; (c) your violation of these Terms or the AUP; or (d) your violation of any applicable law or third-party rights.

10.1 Suspension by Us

We may suspend your account or any deployment immediately and without prior notice if: (a) you violate these Terms or the AUP; (b) your use poses a security risk to the Platform or other users; (c) your use could subject us to legal liability; (d) your account is overdue for payment beyond 14 days; or (e) we are required to do so by law or regulatory authority.

10.2 Termination by You

You may terminate your account at any time through the Platform dashboard or by contacting support@orkestr.eu. Upon termination, your deployments will be stopped and your data will be deleted within 30 days, subject to any legal retention requirements.

10.3 Termination by Us

We may terminate your account with 30 days' notice for any reason, or immediately for cause (including AUP violations, non-payment, or illegal activity). Upon termination, we will provide reasonable opportunity to export your data unless prohibited by law.

10.4 Data Export

Upon termination or cancellation (whether initiated by you or by us with notice), paid-plan users may request a data export within 14 days of the termination date. We will provide your project configuration, environment variable names (not values, for security), deployment history, and application logs in JSON format. Source code is not included as it resides in your Git provider. Data export requests should be sent to support@orkestr.eu. We will fulfil export requests within 10 business days.

10.5 Effect of Termination

Upon termination: (a) all licences granted to you under these Terms cease; (b) you must pay any outstanding fees; (c) we will delete your deployments, containers, and associated data within 30 days; (d) provisions that by their nature should survive termination will survive, including Sections 5.1, 8, 9, 11, and 12.

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

11.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation for a period of 30 days. If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the courts of Bucharest, Romania.

11.3 Consumer Rights

If you are a consumer within the EU, nothing in these Terms affects your statutory rights under applicable consumer protection laws, including the right to use the Online Dispute Resolution platform provided by the European Commission.

Entire Agreement. These Terms, together with the AUP and Privacy Policy, constitute the entire agreement between you and WhiteCloud Project S.R.L. regarding the Service.

Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

Notices. Notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@orkestr.eu.

Force Majeure. We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party infrastructure providers.

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

WhiteCloud Project S.R.L.
Email: legal@orkestr.eu
Web: https://orkestr.eu