Terms of Service

1.1 Definitions

• "Pilvio", "we", "us" — Astrec Data OÜ, registry code 12626294, address Telliskivi 57, Palo Alto, 10412 Tallinn, Estonia
• "Client", "You" — a natural or legal person who uses Pilvio services
• "Service" / "Services" — all cloud infrastructure services provided by Pilvio, including virtual servers (VPS), object storage (S3-compatible), managed services, and other related services offered through the platforms pilvio.com and pilvio.pro
• "User Account" — the Client's personal account on the Pilvio platform
• "Content" — all data, files, software, and other material that the Client uploads, stores, or processes through the Service
• "SLA" — Service Level Agreement
• "Platform" — Pilvio websites pilvio.com and pilvio.pro and their associated management panels
• "Content Hosting Provider" — a Client who provides web hosting services to third parties on Pilvio infrastructure
• "TCO Regulation" — Regulation (EU) 2021/784 of the European Parliament and of the Council on addressing the dissemination of terrorist content online

1.2 Target Audience of Services

Pilvio services are intended exclusively for business clients (legal entities and sole proprietors acting in the course of their economic or professional activity). By registering an account, the Client confirms that they are using the Service in the course of their economic or professional activity and not as a consumer within the meaning of Section 1(5) of the Law of Obligations Act of the Republic of Estonia and the Consumer Protection Act.

1.3 Applicability of Terms

These terms of service (hereinafter "Terms") govern the use of Pilvio services. By using the Service, registering an account, or placing an order, you agree to these Terms. If you do not agree to the Terms, please refrain from using the Service.

1.4 Amendment of Terms

Pilvio reserves the right to unilaterally amend the Terms by notifying the Client of changes at least 30 days in advance by email. If the Client continues to use the Service after the changes take effect, they shall be deemed to have accepted the changes. If the Client does not agree with the changes, they have the right to terminate the agreement in accordance with Section 11.

2.1 Registration

To use the Service, the Client must register a user account by providing truthful and up-to-date information. The Client undertakes to:

• provide accurate personal, company, and contact information, including company name and registry code
• confirm that they are acting in the course of their economic or professional activity
• keep their login credentials confidential
• notify Pilvio immediately of any unauthorized access to their account
• not transfer their account to third parties without Pilvio's prior written consent

2.2 Account Security

The Client is responsible for all activities conducted through their account. Pilvio shall not be liable for damages resulting from unauthorized use of the Client's login credentials, unless such use was caused by Pilvio's culpable conduct.

2.3 Business Clients

A person registering an account on behalf of a business client confirms that they have the authority to represent the respective legal entity and agree to the Terms on its behalf.

3.1 Description of Services

Pilvio provides cloud infrastructure services, which include, among others:

• Virtual Servers (VPS) — scalable virtual machines with various configurations
• Object Storage — S3-compatible storage service
• Managed Services — server management, monitoring, and support
• Network Services — private networks, firewalls, IP addresses
• Backup Services — automatic and manual backup

Detailed descriptions, prices, and technical specifications of Services are published on the websites pilvio.com and pilvio.pro.

3.2 Service Locations

Both locations are situated within the territory of the European Union.

3.3 Service Availability

Pilvio shall make reasonable efforts to ensure Service availability in accordance with the published SLA terms. The Client shall be notified of planned maintenance at least 24 hours in advance, except for critical security updates.

3.4 Modification of Services

Pilvio reserves the right to improve and update the Services. If changes significantly affect the Service used by the Client, Pilvio shall notify the Client at least 30 days in advance.

4.1 General Obligations

The Client undertakes to:

• use the Service in compliance with the laws of the Republic of Estonia and the European Union
• not use the Service for unlawful activities
• not exceed the agreed resource usage limits without ordering the corresponding additional service
• ensure the existence of backups of their software and data
• respond to Pilvio inquiries within a reasonable timeframe

4.2 Prohibited Activities

The following activities are prohibited when using the Service:

• sending or distributing spam
• distributing or hosting malware
• copyright infringement
• attacking third-party systems (hacking, DDoS, etc.)
• hosting or distributing child sexual abuse material (CSAM)
• disseminating terrorist content (see Section 5)
• using the Service for cryptocurrency mining, unless with Pilvio's prior written consent
• reselling the Service without Pilvio's prior written consent
• activities that harm Pilvio's infrastructure, other clients, or third parties

4.3 Client Content

The Client is solely responsible for all Content that they store, process, or transmit through the Service. Pilvio does not monitor or inspect the Client's Content, unless there is a legal obligation to do so (including obligations arising from the TCO Regulation) or a reasonable suspicion of a breach of the Terms.

This section establishes Pilvio's measures in accordance with Regulation (EU) 2021/784 of the European Parliament and of the Council on addressing the dissemination of terrorist content online (TCO Regulation).

5.1 Prohibited Content

When using Pilvio services, the dissemination of terrorist content is prohibited, including content that:

• incites the commission of terrorist offences or glorifies them
• recruits for terrorist groups
• provides instructions for the manufacture or use of explosives, firearms or other weapons, or noxious or hazardous substances
• provides instructions for other specific methods or techniques for committing terrorist offences
• otherwise contributes to the commission of terrorist offences as referred to in points (a) to (i) of Article 3(1) of Directive (EU) 2017/541

5.2 Pilvio's Measures

Terrorist content identified by Pilvio shall be removed without delay. We shall respond to removal orders from competent authorities within one (1) hour in accordance with Article 3 of the TCO Regulation.

When reviewing and removing content, we apply the principles of due diligence and proportionality. Our primary measures for content review and moderation are:

• informing users of the conditions regarding prohibited content during account registration and acceptance of the terms of service
• immediate processing of removal orders received from competent authorities
• internal procedures for handling identified violations
• cooperation with competent authorities in accordance with the requirements of the TCO Regulation

5.3 Consideration of Context in Special Cases

In the case of content created for educational, artistic, scientific, or journalistic purposes, we shall always assess the purpose and context of dissemination before making a decision.

5.4 Notification of User/Content Hosting Provider

After the removal of content or blocking of access thereto, we shall notify the Client/content hosting provider, unless the competent authority has prohibited such notification for public security reasons (Article 6 of the TCO Regulation).

The notification shall include:

• information about the removal or blocking
• the reasoning for the decision
• information about the possibility of filing a complaint (see Section 5.6)

5.5 Retention of Removed Content

Removed terrorist content and related data shall be securely retained for six (6) months after removal in a manner that ensures access only by the competent authority and the court (Articles 6 and 11 of the TCO Regulation).

At the request of a competent authority or court, the terrorist content shall be retained for an additional specified period.

5.6 Filing and Resolution of Complaints

If your content has been removed or access thereto has been blocked, you have the right to file a complaint in accordance with Article 10 of the TCO Regulation.

Filing a complaint:

Submit a complaint by email to tco@pilvio.com, including the following information:

• a description of the removed content and identification details
• reasoning as to why the removal or blocking decision should be reversed

Procedure and decision:

• We shall review the complaint and notify you of the results within two (2) weeks from the receipt of the complaint
• If the complaint is upheld, the content shall be restored without delay
• In the event of rejection of the complaint, we shall provide clear and thorough reasoning

Our decision does not limit your right to seek judicial protection of your rights.

5.7 TCO Contact Point

In accordance with Articles 15 and 17 of the TCO Regulation, Pilvio's TCO contact point for removal orders from competent authorities and related communications is:

• Email: tco@pilvio.com
• Languages: Estonian, English

The contact point ensures the processing of removal orders within one (1) hour.

6.1 Pricing

Service prices are published on the websites pilvio.com and pilvio.pro and/or in the Client's management panel. Prices are in euros (EUR) and do not include value added tax (VAT), unless otherwise indicated.

6.2 Invoices and Payment Terms

• Invoices are issued according to the selected billing period (monthly, quarterly, annual)
• The payment term is 14 calendar days from the date of invoice issuance, unless otherwise agreed
• For prepaid services, the Service is activated after receipt of payment

6.3 Late Payment

In the event of late payment, Pilvio has the right to:

• charge a late payment interest of 0.05% per day on the outstanding amount
• restrict or suspend the provision of the Service, with at least 7 days' prior notice to the Client
• terminate the agreement in accordance with Section 11, if the debt persists for more than 30 days

6.4 Price Changes

Pilvio reserves the right to change prices by notifying the Client at least 30 days in advance. If the Client does not agree with the price change, they have the right to terminate the agreement before the price change takes effect.

6.5 Refunds

Prepayments shall be refunded proportionally for the unused period, unless the agreement is terminated due to the Client's breach of the Terms.

7.1 Pilvio's Intellectual Property

The Pilvio Platform, trademarks, software, documentation, and other intellectual property belong to Pilvio or its licensors. No intellectual property rights to Pilvio's assets are granted to the Client in the course of using the Service, except for a limited right to use the Service in accordance with the Terms.

7.2 Client's Intellectual Property

The Client retains all intellectual property rights to their Content. Pilvio does not acquire any rights to the Client's Content.

8.1 Processing of Personal Data

The processing of personal data is carried out in accordance with Pilvio's Privacy Policy, which is available at pilvio.com/privacy.

8.2 Pilvio as Data Processor

If the Client uses the Service for the processing of personal data, Pilvio acts as a data processor within the meaning of Article 28 of the GDPR. The Client, as the data controller, undertakes to:

• ensure the lawfulness of the processing of personal data
• enter into a separate data processing agreement (DPA) with Pilvio, if required
• notify Pilvio of any special conditions regarding data processing

8.3 Data Location

Service server locations are set out in Section 3.2. Client data shall not be transferred outside the European Union / European Economic Area without the Client's prior consent and the provision of adequate safeguards.

9.1 Availability

Pilvio guarantees infrastructure availability in accordance with the published SLA level. The following are excluded from availability calculations:

• planned maintenance
• force majeure events
• outages caused by the Client
• outages caused by third parties (e.g., internet service providers)

9.2 Compensation

In the event of a breach of SLA terms, the Client is entitled to request compensation in accordance with the conditions set out in the SLA. Compensation shall be provided as a credit on subsequent invoices and shall not exceed the service fee for the respective month.

10.1 Pilvio's Liability

Pilvio shall be liable for direct material damages caused to the Client that result from Pilvio's intentional or grossly negligent conduct.

Pilvio shall not be liable for:

• indirect damages, lost profits, or data loss
• damages resulting from the Client's actions, inaction, or breach of the Terms
• damages resulting from interruptions in third-party services
• damages resulting from force majeure
• damages resulting from the removal of content in accordance with the requirements of the TCO Regulation

10.2 Liability Cap

Pilvio's total liability for a single event or a series of related events shall be limited to the amount the Client has paid to Pilvio during the 12 months preceding the occurrence of the claim.

10.3 Backup

Although Pilvio may offer backup services, the Client is ultimately responsible for backing up their own data. Pilvio strongly recommends regular backups and a multi-layered backup solution.

11.1 Term

The agreement enters into force upon registration of the Client's account and is valid for an indefinite period.

11.2 Billing Principle

Pilvio bills only for actually used resources. The Client has no monthly minimum commitment. If the Client's account has no active resources (virtual servers, storage, network services, etc.), no service fees apply.

11.3 Termination of Services by the Client

The Client may delete their resources at any time through the Pilvio management panel. Upon deletion of resources, billing for them ceases immediately. The Client is obligated to pay all fees incurred up to the moment of deletion.

The Client may request complete account closure by notifying Pilvio via email at info@pilvio.com. Account closure does not release the Client from the obligation to pay fees incurred prior to closure.

11.4 Suspension and Termination of Services by Pilvio

Pilvio has the right to restrict, suspend, or terminate the Client's services:

• immediately — in the event of a material breach of the Terms by the Client (e.g., the prohibited activities listed in Section 4.2, including the dissemination of terrorist content)
• with 7 days' notice — in the event of a payment delay exceeding 14 days
• with 30 days' notice — in all other cases

11.5 Data Availability upon Termination

In the event of termination initiated by Pilvio, the Client shall be given 30 calendar days to download their data, unless the agreement was terminated due to a material breach of the Terms by the Client. After the expiry of said period, the Client's data shall be permanently deleted.

11.6 Client's Obligations upon Termination

The Client shall remain obligated to pay all outstanding debts regardless of the basis for termination of the agreement.

Neither party shall be liable for failure to perform its obligations if such failure is caused by force majeure, including natural disasters, acts of war, strikes, governmental restrictions, large-scale cyberattacks, power outages, pandemics, or other circumstances beyond the party's reasonable control.

Both parties undertake to keep confidential the other party's trade secrets and other confidential information to which they gain access in the course of performing the agreement. The confidentiality obligation shall remain in effect after the termination of the agreement.

14.1 Governing Law

These Terms shall be governed by the laws of the Republic of Estonia.

14.2 Dispute Resolution

The parties shall endeavor to resolve all disputes arising from the performance of the Terms through negotiation. If negotiations do not produce results within 30 days, the dispute shall be resolved by the Harju County Court.

14.3 Exclusion of Consumer Protection

Since Pilvio services are intended exclusively for business clients (see Section 1.2), consumer protection provisions shall not apply to these Terms, including consumer provisions of the Law of Obligations Act of the Republic of Estonia and the Consumer Protection Act. The Client confirms upon account registration that they are not acting as a consumer.

15.1 Entirety

These Terms, together with the Privacy Policy and the SLA, constitute the complete agreement between the Client and Pilvio.

15.2 Severability

If any provision of the Terms is found to be invalid, this shall not affect the validity of the remaining provisions.

15.3 Assignment

The Client may not assign their contractual rights and obligations to third parties without Pilvio's prior written consent.

15.4 Notices

All notices related to the Terms shall be delivered:

• To the Client: to the email address specified in the Client's account
• To Pilvio: info@pilvio.com

For questions related to the Terms, please contact us:

• Email: info@pilvio.com
• Phone: +372 521 68 08
• Address: Astrec Data OÜ, Telliskivi 57, Palo Alto, 10412 Tallinn, Estonia
• Support: support@pilvio.com
• TCO Contact Point: tco@pilvio.com