Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) is entered into between Akacia, a company registered with the Netherlands Chamber of Commerce (Kamer van Koophandel, KVK) under number 99629569, with its registered office in the Netherlands (“BasicDeploy”, “we”, “us” or “our”), and you, the individual or entity that creates an account or uses the Service (“Customer” or “you”). By creating an account or using BasicDeploy, you agree to be bound by this Agreement. If you do not agree, you must not use the Service.

Last updated: August 2026. Effective on acceptance.

1. Definitions

In this Agreement: (a) “Service” means the BasicDeploy platform, including the containers, database, object storage, public URLs, APIs and related tooling we provide; (b) “Account” means your registered account; (c) “Content” means the code, data, files and other materials you upload to or run on the Service; (d) “Subscription” means a paid plan (Pro or Scale); (e) “Add-on” means an optional paid always-on container slot; (f) “Fees” means the amounts payable for a Subscription or Add-on; and (g) “Billing Period” means the recurring period (monthly) for which Fees are charged in advance.

2. The Service

2.1 BasicDeploy provides on-demand containers with a database, object storage and public URLs, primarily for prototypes, small applications and agent-built projects. 2.2 The Service is provided on an “as is” and “as available” basis, without any guaranteed uptime or service level. 2.3 We may change, limit, suspend or discontinue the Service or any feature at any time. 2.4 Containers may be slept, restarted or reclaimed as part of normal operation.

3. Accounts and eligibility

3.1 Access is invite-only and personal to you. 3.2 You are responsible for all activity under your Account and for keeping your credentials, API keys and SSH keys secret; anyone holding your API key or SSH key can act as you. 3.3 You must provide accurate information and be legally able to enter into this Agreement. 3.4 You are responsible for anyone you allow to access your Account or a container you share.

4. Acceptable use

4.1 You must not use the Service to send spam, mine cryptocurrency, host or distribute malware or phishing, attack or overload any system, infringe the rights of others, or store or transmit illegal content. 4.2 You are solely responsible for your Content and applications and for their compliance with all applicable laws. 4.3 We may suspend, limit, reclaim or delete any container or Account we reasonably believe violates this clause or poses a risk, at our discretion and without notice where the harm is ongoing.

5. Customer Content and data

5.1 You retain ownership of your Content. 5.2 You grant us the limited right to host and process your Content solely to operate the Service. 5.3 You are solely responsible for your Content and for maintaining your own backups. 5.4 We do not guarantee the durability, integrity or availability of any data, which may be lost, deleted or reset, including when a container or Account is deleted, suspended, slept or reclaimed. 5.5 To the extent permitted by law, we are not liable for any loss of data.

6. Credentials and security

6.1 Database passwords, storage keys and SSH private keys are encrypted at rest with AES-256-GCM and are returned only to the Account that owns the container. 6.2 Sharing a container grants scoped access but does not disclose that container's own database or storage credentials. 6.3 You must promptly notify us of any suspected unauthorized use of your Account.

7. Plans, Add-ons, Fees and billing

7.1 Subscriptions and Add-ons are billed in advance each Billing Period through our payment processor (Stripe) and renew automatically until cancelled. 7.2 Fees, plans and features may change; changes apply from the next Billing Period. 7.3 You authorize us and our payment processor to charge your payment method for all applicable Fees. 7.4 You are responsible for any applicable taxes. 7.5 If a payment fails, we may suspend, downgrade or limit your Account.

8. Cancellation, downgrade and refunds

8.1 You may cancel a Subscription or an Add-on at any time; cancellations and downgrades take effect at the end of the current Billing Period, and you retain access until then. 8.2 Except where required by mandatory applicable law (including EU and Dutch consumer law), Fees are non-refundable and no pro-rated refunds are given for partial periods, downgrades, unused capacity, suspensions or deletions.

9. Promotional and complimentary plans

9.1 We may, at our sole discretion, grant complimentary or promotional access to a paid tier, with or without an expiry date. 9.2 Such grants are a privilege and not an entitlement; they may be limited, changed, revoked or allowed to expire at any time without notice, after which your Account reverts to its paid or free tier and the corresponding limits apply.

10. Custom domains and third-party services

10.1 Custom domains are bring-your-own: you are responsible for owning the domain and configuring your own DNS and Cloudflare settings. 10.2 The Service relies on third parties (including payment, DNS/CDN, email and hosting providers); we are not responsible for their acts, omissions, outages or terms.

11. Suspension and termination

11.1 We may suspend, restrict or terminate your access, or delete any Account, container or data, at any time, with or without cause or notice, including for suspected violation, risk or non-payment, or at our discretion. 11.2 You may stop using the Service at any time. 11.3 On termination, your containers and data may be deleted and any active Subscription is scheduled to cancel at the end of the paid period. 11.4 Clauses that by their nature should survive termination (including 5, 12, 13, 14 and 17) survive.

12. Warranties and disclaimers

12.1 To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, non-infringement, uptime or security, or that the Service will be uninterrupted, error-free or that data will be preserved. 12.2 This clause does not exclude warranties or rights that cannot be excluded under mandatory law.

13. Limitation of liability

13.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, revenue or business, arising out of or relating to the Service. 13.2 Our total aggregate liability for any and all claims will not exceed the greater of the Fees you paid us in the three (3) months before the event giving rise to the claim, or EUR 20. 13.3 Nothing in this Agreement limits liability that cannot be limited under applicable law, including mandatory consumer rights and liability for death, personal injury or fraud.

14. Indemnification

14.1 To the extent permitted by law, you will indemnify and hold Akacia harmless from any claims, damages, losses and costs (including reasonable legal fees) arising out of your use of the Service, your Content or applications, or your breach of this Agreement or of any law or third-party right.

15. Privacy and data protection

15.1 We process personal data as described in our Privacy Policy, which forms part of this Agreement. 15.2 We use cookies and analytics (including Google Analytics) subject to your consent choices. 15.3 By using the Service you acknowledge the Privacy Policy.

16. Changes to this Agreement

16.1 We may update this Agreement from time to time; the updated version takes effect when posted. 16.2 Your continued use of the Service after an update constitutes acceptance of the updated Agreement.

17. Governing law and jurisdiction

17.1 This Agreement is governed by the laws of the Netherlands. 17.2 The competent courts of the Netherlands have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, without prejudice to any mandatory consumer rights you may have to bring proceedings in your country of residence.

18. General

18.1 This Agreement, together with the Privacy Policy, is the entire agreement between you and us regarding the Service and supersedes any prior understanding. 18.2 If any provision is held unenforceable, the remaining provisions stay in full effect. 18.3 You may not assign this Agreement without our consent; we may assign it to an affiliate or successor. 18.4 Our failure to enforce a provision is not a waiver. 18.5 Notices to you may be given in-product or by email; notices to us should be sent to [email protected]. 18.6 Operator: Akacia, KVK 99629569, the Netherlands, [email protected].

Acceptable Use and Prohibited Content

You may not use BasicDeploy to host, deploy, store, transmit, or make available any content, application, or activity that is illegal, infringing, malicious, or harmful. Prohibited uses include, without limitation: malware, viruses, ransomware, or other malicious code; botnet, command-and-control, or attack infrastructure; phishing, fraud, or deceptive practices; spam or bulk unsolicited messaging; child sexual abuse material (CSAM); content that infringes intellectual property or other rights; content or activity that violates export controls or sanctions; harassment, defamation, or threats; the facilitation of any illegal activity; unauthorized cryptocurrency mining; and any activity that attacks, overloads, probes, or interferes with any system, network, or the Service. This list is illustrative, not exhaustive.

Your Responsibility; No Monitoring or Endorsement

You are solely and fully responsible for everything you deploy, host, store, or transmit through the Service and for the conduct of your end users. BasicDeploy does not pre-screen, monitor, review, or endorse user content or applications and assumes no responsibility or liability for them. Content and applications hosted on BasicDeploy are yours, not BasicDeploy's, and do not represent or reflect the views of BasicDeploy or Akacia. You are responsible for ensuring your use complies with all applicable laws and third-party rights.

Enforcement and Suspension

BasicDeploy may, at its sole discretion and without prior notice or liability, investigate, remove, disable, throttle, suspend, or terminate any account, container, application, or content that it believes, in its sole judgment, violates these Terms, is illegal or harmful, or is the subject of a credible abuse report. We may also preserve related data and logs for investigation. We are not required to provide a reason, and we may take such action to protect the Service, other users, third parties, or the public.

Cooperation with Authorities and Disclosure

BasicDeploy may preserve, access, and disclose any account information, content, logs, or data, and cooperate fully with law enforcement, regulators, courts, or other authorities, where we believe in good faith that doing so is required by law or legal process, or is reasonably appropriate to investigate, prevent, or act regarding suspected illegal activity, fraud, abuse, security incidents, threats to safety, or violations of these Terms — with or without notice to you, where permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Akacia, BasicDeploy, and their operators, affiliates, and personnel from and against any and all claims, demands, damages, losses, liabilities, and costs (including reasonable legal fees) arising out of or related to your content, your applications, your use of the Service, your violation of these Terms, or your violation of any law or any right of any third party.

Reporting Abuse

To report abuse, illegal content, or a security concern regarding an application hosted on BasicDeploy, contact [email protected]. We will review reports and may act under the sections above. Reporting does not create any obligation on BasicDeploy beyond what these Terms and applicable law require.