Terms & Conditions
Terms and Conditions for SadServers.com
These Terms and Conditions (“Terms”) govern your access to and use of the SadServers.com Service (“Service”) provided by SADSERVERS Inc. (“Provider”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Acceptable Use Policy
a. Users of the Service shall not engage in any illegal activities, including but not limited to cybercrime, unauthorized access to servers or networks, or any activity that violates applicable laws and regulations.
b. The Service is intended for training and assessment purposes only. Users shall refrain from using the Virtual Machines for any commercial activities, including but not limited to cryptocurrency mining or any other workloads not related to training or assessment.
2. Disclaimer of Warranties
a. The Service is provided on an “as is” and “as available” basis. The Provider makes no representations or warranties of any kind, express or implied, regarding the reliability, availability, or suitability of the Service for any purpose.
b. The Provider disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. Support and Refund Policy
a. Paying users of the Service are entitled to support as outlined in the support documentation provided by the Provider. Support may include assistance with technical issues or inquiries related to the Service.
b. In the event of a service outage where the Service is fully unavailable, paying users may be eligible for a pro-rated refund for the duration of the outage. Refunds will be issued as credits towards future billing cycles.
4. Intellectual Property Rights
a. The Provider retains all intellectual property rights in the Service, including but not limited to software, algorithms, designs, trademarks, and any other materials provided as part of the Service.
b. Users acknowledge and agree that any scenarios built into the VMs provided by the Service are the exclusive intellectual property of the Provider. Users may not reproduce, distribute, or create derivative works based on these scenarios without the explicit permission of the Provider.
5. User Responsibility for Account Security
a. Users are solely responsible for maintaining the confidentiality of their registration password and account information.
b. Users agree to notify the Provider immediately of any unauthorized use of their account or any other breach of security.
6. Cancellation
a. Purchases of paid subscriptions to the Service are non-refundable, except as otherwise stated in the applicable plan documentation. Pro+ Lifetime purchases are governed by Section 9.
b. Users may cancel their paid subscriptions at any time by visiting the website and following the cancellation process outlined therein.
c. Upon cancellation, users will retain access to the Service until the end of the current billing cycle, after which access will be terminated.
By accessing or using the Service, users acknowledge and agree to abide by these additional sections regarding intellectual property rights, account security, and cancellation of paid subscriptions.
7. Interruptions and Modifications
a. The Service may experience interruptions or downtime due to various factors, including but not limited to issues with network connectivity, software failures, hardware malfunctions, human error, or acts of nature.
b. The Provider reserves the right to perform maintenance on the Service, which may result in temporary interruptions of service. Such maintenance may be conducted without prior notification to users.
c. The Provider also reserves the right to make changes to the Service, including but not limited to adding or removing features, altering functionality, or discontinuing certain aspects of the Service.
d. Users acknowledge and agree that the Provider shall not be held liable for any loss, inconvenience, or damage caused by interruptions of service, including but not limited to loss of data, loss of revenue, or inability to access the Service during such periods of downtime.
e. Users further acknowledge and agree that the Provider shall not be held liable for any consequences arising from modifications made to the Service, including but not limited to changes in functionality or the introduction of new features.
By accessing or using the Service, users acknowledge and accept the risks associated with interruptions of service and modifications to the Service, as outlined in this section.
8. Termination of Service
a. The Provider reserves the right to suspend or terminate a user’s access to the Service at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms or misuse of the Service. This subsection governs termination of individual accounts and does not limit the Provider’s obligations under Section 9 if the Provider discontinues the Service.
b. Upon termination of a user’s access to the Service, all rights granted to that user under these Terms will cease immediately, and the user must cease all use of the Service and destroy any copies of materials obtained from the Service. Discontinuation of the Service for Pro+ Lifetime customers is governed by Section 9.
c. Pay-Per-Use Accounts and Inactivity
For Business Pay-Per-Use accounts, the Provider reserves the right to suspend or close an account if no interview sessions have been used for a continuous period of [twelve (12) months] or longer (an Inactive Account).
d. Refund of Unused Sessions
In the event an Inactive Pay-Per-Use account is suspended or closed pursuant to Section 8(c), the Provider may, at its discretion, refund a prorated portion of the original purchase price corresponding to unused interview sessions at the time of suspension or closure.
Refunds, if issued:
Will be calculated based on the original price paid for the unused sessions.
Will not include taxes, fees, or promotional discounts.
Will be issued using the original payment method where reasonably possible.
e. No Perpetual Service Obligation
Nothing in these Terms, including any statement that interview sessions do not expire or that a plan is offered for “Lifetime,” shall be construed as obligating the Provider to maintain or support the Service, or any specific plan or feature, indefinitely.
9. Pro+ Lifetime Plans
a. Definition. A Pro+ Lifetime purchase is a one-time payment for access to the Pro+ plan of the Service, with no recurring subscription. “Lifetime” means the operational lifetime of the Service as determined by the Provider, and not the natural lifetime of the customer. Lifetime access is personal to the purchasing account and is not transferable to another person, except by assignment under subsection (d).
b. Features. Lifetime customers receive the Pro+ plan then offered by the Provider. The Provider may add, change, or remove features of the Service and of the Pro+ plan from time to time, provided such changes apply generally to the Pro+ plan and not solely to Lifetime customers.
c. Non-refundable. Lifetime purchases are non-refundable except as expressly set out in subsection (e). Refund provisions that apply to cancelled annual subscriptions do not apply to Lifetime purchases. Any compensation under subsection (e) shall be calculated on the original amount paid for the Lifetime purchase, excluding taxes, fees, and promotional discounts, and issued using the original payment method where reasonably possible.
d. Assignment; Change of Control. The Provider may assign or transfer these Terms and any Lifetime entitlement to a successor in connection with a sale, merger, acquisition, or other change of control. The Provider will use commercially reasonable efforts to ensure, as a condition of any such transaction, that the successor assume the Lifetime entitlements then in effect. If a successor does not assume such entitlements, the discontinuation provisions of subsection (e) shall apply as though the Service had been discontinued. A change of control, by itself, is not a discontinuation of the Service and does not entitle the customer to a refund or other compensation. If a successor assumes such entitlements and later discontinues the Service, subsection (e) applies.
e. Discontinuation of the Service. If the Provider or a successor permanently discontinues the Service (or the Pro+ plan) and does not provide an equivalent or substantially similar replacement, the Provider or successor shall give at least thirty (30) days’ prior notice and shall either:
(i) offer a migration path to an equivalent or substantially similar product or service; or
(ii) pay compensation equal to the original amount paid for the Lifetime purchase multiplied by a fraction, the numerator of which is the number of full months remaining in a sixty (60) month period beginning on the date of purchase, and the denominator of which is sixty (60). If sixty (60) months or more have elapsed since the date of purchase, no compensation is payable.
Temporary outages, maintenance, and the addition, change, or removal of individual features are not a discontinuation of the Service under this subsection.
f. Account Termination. Suspension or termination of an individual account under Section 8 does not constitute discontinuation of the Service and does not entitle the customer to a refund or compensation under this Section.
10. Modifications to Terms
a. The Provider reserves the right to modify or revise these Terms at any time, without prior notice. By continuing to access or use the Service after any such modifications, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
11. Governing Law
a. These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
12. Email Communications
a. By creating an account or using the Service, you consent to receive service-related communications from the Provider, including but not limited to account notices, onboarding guidance, usage reminders, progress updates, and other messages necessary for delivering and improving the Service.
13. Contact Information
a. If you have any questions or concerns about these Terms, please contact us at info@sadservers.com.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other agreements referenced herein.