These Terms of Service (the “Terms”) are an agreement between Depfloy, LLC, a Delaware limited liability company (“Depfloy”, “we”, “us”), and the person or entity that opens an account (“you”, “Customer”). Creating an account, or using Depfloy after these Terms take effect, means you accept them.
If you are accepting on behalf of a company, you confirm you are authorised to bind it.
1. What Depfloy is
Depfloy is a control plane for servers you rent from someone else. You connect a machine to Depfloy over SSH — one Depfloy creates for you through a provider’s API, or one you already have — and Depfloy configures it, deploys your applications onto it, and manages the services running on it.
Two consequences follow from this, and the rest of this agreement depends on them:
- Depfloy is not a hosting provider. We do not own, rent, operate or route traffic to the machines your applications run on. We do not serve your visitors. Your relationship with the company that rents you the machine is separate from this one, and we are not a party to it.
- The servers remain yours. Your root access is not removed. If this agreement ends, your servers keep running with the configuration Depfloy applied. You lose the dashboard, not the machines.
Where these Terms refer to “the Service”, they mean the Depfloy dashboard, API, CLI, MCP server and the automation that runs behind them — not your servers, and not what you run on them.
2. Your account
You must be old enough to enter a binding contract where you live. You must give accurate registration and billing information and keep it current.
You are responsible for everything done under your account, including by members you invite and by API keys, CLI sessions and MCP clients you create. Depfloy’s roles and per-resource scoping exist so you can limit what each member reaches; configuring them is your decision, and we act on the permissions you set.
Tell us promptly if you believe an account credential, API key or connected server has been compromised.
3. Access to your servers
To do its job, Depfloy holds credentials that reach your machines. This section says what that means, and it is the part of this agreement most worth reading twice.
What we store. SSH private keys, sudo passwords and server credentials you provide, and the environment variables you enter for your projects. These are encrypted at rest and decrypted only when a job needs them to open a connection or write a release.
What we do with them. We connect to your servers to carry out the operations you or your members request, and the recurring operations you schedule — deploys, backups, monitoring checks, certificate renewals and the like. We do not use that access for anything else.
What we do not hold. Your application data, your databases and your files stay on your servers. Backups stream from your server directly to the destination you configured — your object storage, your SFTP host — and we keep no copy.
Support access. We will not use your stored credentials to access your servers for a support investigation without your request or permission, except where we reasonably believe it is necessary to stop active harm to you, to us, or to a third party. If that happens, we will tell you.
What survives cancellation. When your account is closed, the credentials we hold are deleted on the schedule in the Privacy Policy. Deleting them does not change anything on your servers — the keys you gave us are yours to rotate, and rotating them after you leave is a sensible thing to do.
4. Acceptable use
You may not use the Service to:
- break the law, or help someone else break it;
- infringe copyright, trademark, trade secret or other intellectual property rights;
- gain access to systems, networks or accounts you are not authorised to reach, or to interfere with anyone else’s service;
- attack, overload or disrupt the Depfloy platform or the networks it depends on — including automated request volumes against our API beyond documented limits;
- resell or expose the Service to third parties in a way that lets them act on servers outside your own account, unless we have agreed to it in writing;
- give false information, or use a payment method you are not entitled to use.
What we do not police. How hard you work your own servers is between you and the company that rents them to you. We have no interest in your CPU, your bandwidth or your disk, and no ability to meter them.
5. Free trial
New accounts get seven days of the full product without a payment method. If you do not subscribe before the trial ends, the account stops being usable and, after the retention period in the Privacy Policy, is deleted.
Nothing happens to your servers when a trial ends. Whatever Depfloy configured on them keeps running.
6. Fees and billing
Plans are charged in US dollars, in advance, monthly or annually, through our payment processor. Payment is due on invoice.
Price changes. We may change plan prices. If a change affects your plan, we will give you at least thirty (30) days’ notice by email before it applies to you, and you may cancel before it takes effect. Renewals continue at the new price after that notice period.
Late payment. If an invoice is more than ten (10) days overdue we may suspend the account until it is paid. Suspension stops the dashboard and scheduled operations; it does not stop your servers.
Refunds. Fees already paid are not refunded when you cancel mid-term, and we do not pro-rate unused time. This does not affect any refund right you have under mandatory consumer law where you live.
What we do not bill. Your server provider bills you separately for your machines. We have no part in that invoice and cannot credit it.
7. Your provider’s charges
Depfloy can create servers for you through a provider’s API using credentials you supply. When it does, the machine is created in your account with that provider and billed to you, at their prices, under their terms.
Deleting a server in Depfloy asks that provider to destroy the machine. Confirm before you do it; we cannot recover a destroyed machine, and neither can we stop charges that provider has already made.
8. Support
Support covers the Depfloy product: the dashboard, the API, the CLI, the MCP server, provisioning, deployment and the services Depfloy installs and manages, by email at [email protected].
Support does not cover writing or debugging your application, and we do not provide support to your own customers.
9. Availability
We aim to keep the Service running and do not promise that it always will. There is no service level agreement attached to these Terms.
The design limits what an outage here costs you: Depfloy is not in the path of a request to your sites. If the dashboard is down, your applications keep serving. What you lose is the ability to deploy and manage until it is back.
10. Suspension and termination
By you. Cancel at any time from Account → Billing in the dashboard. Cancellation takes effect at the end of the paid period, and you remain responsible for charges already accrued.
By us, for cause. We may suspend or terminate an account that breaches these Terms, that we reasonably believe is being used for the prohibited activities in Section 4, or whose invoices are more than ten (10) days overdue. Where the circumstances allow, we will warn you first and give you a chance to fix the problem. Where they do not — an active attack, a legal demand — we may act immediately and tell you afterwards.
By us, without cause. We may end this agreement for any other reason on thirty (30) days’ notice, and will refund the unused portion of any period you have paid for.
On termination. Your access to the dashboard ends. Your data is retained and then deleted per the Privacy Policy. Your servers keep running.
11. Your content and your rights
You keep all rights in your applications, your data and your configuration. Nothing in these Terms gives us ownership of them.
You grant us only the narrow licence needed to run the Service for you: to store, process and transmit your configuration and credentials so that Depfloy can do what you have asked it to do.
12. Our rights
Depfloy, its software, its documentation and its branding remain ours. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service while your account is active — nothing more. You may not copy, decompile or reverse engineer the platform, except to the extent that restriction is unenforceable where you live.
Feedback you send us, we may use without obligation.
13. Third-party services
Depfloy connects to services you choose — your Git provider, your server provider, your object storage, Slack. Those connections are governed by your agreements with them. We are not responsible for what they do, and an outage or change on their side may stop the corresponding feature working here.
14. Warranty disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL MEET YOUR REQUIREMENTS.
Nothing in this section limits any warranty that cannot lawfully be excluded where you live.
15. Security of your servers
Depfloy applies a baseline configuration and manages firewall rules, certificates and service configuration at your direction. Keeping your servers secure remains your responsibility: what you deploy, which ports you open, which packages you install and which credentials you issue are your decisions.
We do not guarantee that a server managed through Depfloy is secure, and this section does not reduce our own obligations for the security of the Depfloy platform, which are described in the Privacy Policy and, where it applies, the Data Processing Agreement.
16. Backups
Depfloy schedules and runs backups to a destination you configure and control. It streams them from your server to your storage and keeps no copy, which means we cannot restore a backup that your destination no longer holds.
Verifying that your backups run, and that they restore, is your responsibility. We are not liable for data you cannot recover. Keeping a copy somewhere other than the machine that produced it is a good idea regardless of what any contract says.
17. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE OR LOST OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY UNDER THIS AGREEMENT, FOR ALL CLAIMS COMBINED, IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to our fraud, our wilful misconduct, or anything else that cannot lawfully be limited. They also do not limit your obligation to pay fees you owe.
Both parties accept that this allocation of risk is reflected in the price.
18. Indemnity
You will defend and indemnify us against third-party claims arising from your use of the Service in breach of these Terms, from what you deploy or store, and from your infringement of a third party’s rights — including reasonable legal costs. We will tell you promptly of any such claim, let you control the defence, and cooperate with you at your expense.
19. Changes to these Terms
We may change these Terms. For a change that materially affects your rights or obligations, we will give you at least thirty (30) days’ notice by email or in the dashboard before it applies, and continuing to use the Service after it takes effect means you accept it. If you do not, cancel before then.
Every version carries the effective date at the top of this page.
20. Notices
We will send notices to the email address on your account; keeping it current is your responsibility. You can reach us at [email protected] for support and [email protected] for anything to do with this agreement.
21. Assignment
You may not assign this agreement without our written consent. We may assign it to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you.
22. Governing law
This agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict of law rules. Both parties submit to the exclusive jurisdiction of the state and federal courts sitting in Kent County, Delaware.
If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law gives you the protection of your local courts and mandatory consumer rules, this section does not take those rights away from you.
23. General
Entire agreement. These Terms, the Privacy Policy and — where it applies — the Data Processing Agreement are the whole agreement between us about the Service, and replace anything said before.
Order of precedence. If they conflict, the Data Processing Agreement governs the processing of personal data, and these Terms govern everything else.
Severability. If a provision is unenforceable, the rest stays in force and the unenforceable part is read as narrowly as needed to make it valid.
Waiver. Not enforcing a right on one occasion does not waive it.
Force majeure. Neither party is liable for a failure caused by something genuinely outside its control.
Survival. Sections 11, 12, 14, 17, 18, 22 and this Section 23 survive termination.
24. Time limit on claims
Any claim arising out of this agreement or the Service must be brought within two (2) years of the date it arose, unless the law where you live gives you longer, in which case that period applies.
Depfloy, LLC 1111B S Governors Ave STE 29096, Dover, DE 19904, United States [email protected]