Terms and Conditions

THE PARTIES

The Provider: RareCloud services are operated by RARE MOOD AGENCY SRL, Fiscal Code 45192771, Reg. No. J13/3713/2021, VAT RO45192771, and will be referred to as “Provider” or “RareCloud.”

The Customer: As our Customer and user of the Site or Services, this Agreement and Terms of Services will refer to and apply to You (Client, Customer, Subscriber, you, your, etc.). The Customer represents and warrants that if an individual, the Customer is at least 18 years old and legally competent, or, if an entity, the Customer is a duly formed legal entity in good standing. The Customer agrees to provide complete, accurate, and current information and update it as necessary.The Provider does not accept anonymous Customers. All Customer information must be accurate, and false information will result in immediate account termination without refund. The Provider may request official identification for fraud and security checks.

SERVICE DESCRIPTION

RareCloud offers specialized Virtual Private Server hosting and other infrastructure solutions designed for a wide range of applications, including but not limited to personal, commercial, and enterprise-level projects. Our services provide high performance, scalability, and reliable resources to meet hosting demands. We offer multiple service tiers and customization options to address specific client needs. Service availability and quality may vary based on server load, maintenance requirements, and technical constraints.

SOFTWARE LICENSE AND RIGHTS

If the Customer requires the Provider’s software to use the services, RareCloud grants a royalty-free, worldwide, non-transferable, non-exclusive license to use the software in object code form. The Customer may authorize others to use it, provided it aligns with this agreement. The agreement does not transfer any intellectual property rights. The Customer agrees not to:

• Copy the Provider’s software.
• Sell, lease, or sublicense the Provider’s software.
• Use any confidential information of the Provider.

USER CONDUCT AND OBLIGATIONS

As a user of RareCloud services, you are expected to act responsibly and legally at all times. Prohibited conduct includes:

• Engaging in illegal activities.
• Misuse of resources, including spamming, hacking, or malicious behavior.
• Distributing forbidden content, such as malware, pirated media, or prohibited adult content.
• Compromising the security or functionality of our network or services.
• Sharing or exposing account credentials.
• Failure to promptly notify RareCloud of any unauthorized use of your account or security breaches.

The Customer is fully responsible for all activities that occur under their account and for maintaining the confidentiality of their login credentials. RareCloud will not be liable for any losses caused by unauthorized access due to failure to secure your account.

IP ADDRESSES

The Customer acknowledges no right to the IP address allocated to them. The IP address is part of the services and is not portable or transferable. If an IP address is renumbered or reallocated by the Provider, all reasonable efforts will be made to avoid disruption.

SERVICE LEVEL AGREEMENT

RareCloud guarantees 99.9% uptime, excluding planned maintenance, server issues caused by customer errors, or account suspensions. If uptime falls below this threshold, customers may request a refund, up to 100% of the monthly fee, calculated at 10% of the monthly fee for each 1% of downtime below 99.9%. Refund requests must be submitted through a billing ticket.

PAYMENT, FEES, AND BILLING POLICY

Clients are required to maintain a positive account balance or pay for services in advance. We accept Credit Card and PayPal payment methods. Timely payment is your responsibility to avoid service interruptions. All prices listed on our website exclude VAT, which can be applied based on your location and local tax regulations.Late payments exceeding two days will incur a 10% late fee. After seven days, your service will be terminated, and any data may be permanently deleted. You are responsible for ensuring billing information is current and accurate. Billing continues under the last submitted information until you provide updates.

CANCELLATION AND REFUND POLICY

You may cancel your service at any time via your account dashboard or by contacting customer support. RareCloud offers a 14-day refund policy, allowing refunds within the first two weeks of service, provided conditions such as minimal usage are met. After this period, products are sold “as is,” and no refunds will be issued unless exchanged or credited within 30 days of purchase.Services used for purposes such as sending bulk emails or violating the Terms will not qualify for a refund. The Provider reserves the right to terminate your account without notice for violating these terms, with no entitlement to a refund.

BACKUP POLICY

RareCloud does not make any backups of Customer data unless explicitly stated in the service agreement. It is solely the Customer’s responsibility to back up all data. RareCloud will not be liable for any data loss, whether caused by hardware failure, user error, or any other circumstance.

FORCE MAJEURE

The Provider will not be liable for delays or failure to perform its obligations due to circumstances beyond its control, including but not limited to acts of God, wars, civil unrest, national disasters, labor strikes, and similar unforeseen events.

PRIVACY POLICY

At RareCloud, we are committed to protecting your privacy and handling your personal data with care and respect. Our data handling practices comply with the General Data Protection Regulation (GDPR) and other relevant data protection laws.

Data Controller: RareCloud is the data controller for personal data collected through this website and its services. For data protection inquiries, please use the contact information at the end of this document.

Data Collection and Use: We collect personal information necessary for invoicing, account management, and ensuring our services function properly. This includes your name, email address, billing information, and usage data. This information is used to process transactions, provide support, maintain accounts, and improve services. We do not sell, rent, or trade personal data with third parties for promotional purposes.

Legal Basis for Processing: We process your data based on (a) contract performance for service delivery and billing, (b) legal obligation for tax and accounting records, (c) legitimate interest for fraud prevention, security, and service improvement, and (d) your explicit consent for analytics and marketing cookies (which you can withdraw at any time via our cookie banner).

International Data Transfers: Some of our analytics and advertising vendors (Google LLC, Meta Platforms Inc., Microsoft Corporation) are based in the United States. When your data is transferred to these vendors, the transfer relies on the European Commission’s Standard Contractual Clauses (SCCs) and, where applicable, the EU-U.S. Data Privacy Framework (DPF) certification, providing equivalent data protection guarantees as required under Schrems II case law.

Data Security: We use encryption, secure facilities, and firewalls to protect your information. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

Data Retention: We retain personal data only as long as necessary to provide our services and fulfill legal obligations (for accounting records, this typically means 10 years per Romanian fiscal law). Analytics data is processed and retained according to each vendor’s default retention settings (see Cookie Policy below). You may request the deletion of personal data we control at any time, subject to applicable legal retention obligations.

Your Rights Under GDPR: You have the right to: (i) access your personal data, (ii) rectify inaccurate data, (iii) erase your data (“right to be forgotten”), (iv) restrict processing, (v) data portability, (vi) object to processing based on legitimate interest or for direct marketing, and (vii) withdraw consent at any time without affecting the lawfulness of prior processing. To exercise any of these rights, please contact us.

Right to Lodge a Complaint: If you believe we are not handling your data lawfully, you have the right to file a complaint with the Romanian Data Protection Authority (ANSPDCP, www.dataprotection.ro) or the data protection authority in your country of residence.

Automated Decision-Making: We do not engage in automated decision-making or profiling that produces legal or similarly significant effects on you.

COOKIE POLICY

This Cookie Policy explains how RareCloud uses cookies and similar technologies to recognize you when you visit our website. It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work, or to work more efficiently, as well as to provide reporting information.

Why do we use cookies?

We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our website to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us to track and target the interests of our users to enhance the experience on our website. Third parties serve cookies through our website for analytics and marketing purposes.

Types of cookies we use

Essential Cookies (Required): These cookies are strictly necessary to provide you with services available through our website and to use some of its features, such as session management, security, load balancing, and remembering your cookie consent choice. Essential cookies do not require your consent.

Analytics Cookies (Optional): These cookies help us understand how visitors interact with our website by collecting and reporting information anonymously. We use Google Analytics 4 to track:

• Pages visited and time spent on each page
• Traffic sources and user behavior patterns
• Browser type, device type, and screen resolution
• Geographic location (country/city level)

Google Analytics cookies include: _ga, _ga_*, _gid. IP addresses are anonymized before processing. Data retention follows Google’s default settings (see Google’s documentation). Learn more at Google’s Privacy Policy.

We may also enable Microsoft Clarity for behavioral analytics (heatmaps, session recordings of anonymized interactions). Microsoft Clarity cookies include: _clck, _clsk, MUID. Learn more at Microsoft’s Privacy Statement.

Marketing Cookies (Optional): These cookies are used to track visitors across websites and deliver relevant advertisements. We use:

• Meta Pixel (Facebook Pixel) — to measure ad campaign effectiveness, understand user actions after viewing our ads, build audiences for targeted advertising on Facebook and Instagram, and optimize ad delivery. Cookies: _fbp, _fbc, fr.
• Google Ads — to measure conversions from our advertising campaigns, build remarketing audiences, and optimize ad bidding. Cookies: _gcl_au, _gcl_aw, _gac_*.

Learn more at Meta’s Privacy Policy and Google’s Advertising Policy.

Functional Cookies: Our live chat is provided by Tawk.to (Tawk.to Inc.), which sets functional cookies to enable chat sessions. Cookies include: TawkConnectionTime, ss, twk_idm_key. Learn more at Tawk.to’s Privacy Policy.

Tag management and consent enforcement

We use Google Tag Manager (container ID: GTM-W6MF38KW) to load and manage our analytics and advertising tags. Google Tag Manager itself does not set tracking cookies; it acts as an orchestration layer that loads other tags only when you have given consent for the relevant category.

We implement Google Consent Mode v2 across all our Google tags (Google Analytics 4, Google Ads). This means: when you reject analytics or marketing cookies, the corresponding tags receive a “denied” signal and operate in a privacy-preserving mode — no cookies are set, no cross-site identifiers are stored, and only basic, anonymous, aggregated pings are sent to Google for traffic measurement purposes. This ensures your consent choice is respected at the technical level.

How can you control cookies?

You have the right to decide whether to accept or reject cookies. When you first visit our website, you will be shown a cookie consent banner where you can choose your preferences. You can:

• Accept All: Allow all cookies including analytics and marketing
• Reject Non-Essential: Only allow essential cookies required for the website to function
• Customize: Choose which categories of cookies you want to allow

Your cookie preferences are stored for 365 days and will be synchronized across rarecloud.io and our rewards subdomain. You can change your preferences at any time by clearing your browser cookies and revisiting our website.

Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since some features may no longer function properly.

Third-party services and data recipients

We use the following third-party services that may set cookies or receive data from your interactions with our website. All transfers to providers based outside the European Economic Area rely on the European Commission’s Standard Contractual Clauses (SCCs) and, where available, the EU-U.S. Data Privacy Framework (DPF) certification:

• Google Tag Manager (container: GTM-W6MF38KW) — provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA, USA. EU representative: Google Ireland Ltd, Gordon House, Barrow Street, Dublin, Ireland. Tag orchestration only.
• Google Analytics 4 (Measurement ID: G-MTT462JZB6) — provided by Google LLC / Google Ireland Ltd. Website analytics, with IP anonymization enabled.
• Google Ads (Conversion ID: AW-18019899914) — provided by Google LLC / Google Ireland Ltd. Conversion tracking and remarketing for our advertising campaigns.
• Microsoft Clarity (project: wmx0aifjin) — provided by Microsoft Corporation, One Microsoft Way, Redmond, WA, USA. EU representative: Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. Behavioral analytics, including anonymized session recordings and heatmaps.
• Meta Pixel (Pixel ID: 811348538273003) — provided by Meta Platforms Inc., 1601 Willow Road, Menlo Park, CA, USA. EU representative: Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland. Advertising and conversion tracking.
• Tawk.to — provided by Tawk.to Inc., 187 East Warm Springs Road, Las Vegas, NV, USA. Live chat functionality.

These services have their own privacy policies and cookie policies. We recommend reviewing them to understand how each service processes your data.

Updates to this Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Please review this policy periodically for updates.

ACCEPTABLE USE POLICY (AUP)

The Acceptable Use Policy outlines prohibited activities when using RareCloud services. The Customer shall NOT use the services to:

• Send unsolicited commercial or bulk email.
• Access or attempt to access unauthorized systems or networks.
• Distribute malware, viruses, or pirated content.
• Store or transmit illegal content, including child pornography.
• Commit denial-of-service attacks or abuse network resources.
• Run VPNs for commercial purposes (personal use is allowed).
• Abuse disk storage or perform excessive resource consumption (e.g., spamming or running TOR).

The Provider reserves the right to suspend or terminate services due to abuse without prior notice.

DMCA POLICY

RareCloud complies with the U.S. Digital Millennium Copyright Act (DMCA). Upon receipt of a valid DMCA notice, we will disable or remove access to the infringing content. The affected party may submit a counter-notification if the notice is believed to be erroneous.

LIMITATION OF LIABILITY

RareCloud, its directors, employees, and suppliers, will not be liable for any indirect, incidental, punitive, or consequential damages, including data loss or lost profits, resulting from your use of the services. Our services are provided on an “as is” basis without warranties of any kind.RareCloud’s liability is limited to the amount paid by the Customer for the services in the three months prior to the incident giving rise to liability.

TERMINATION

The Provider reserves the right to terminate Customer accounts, effective immediately, for violating these Terms or for misusing system resources (e.g., excessive CPU, RAM, disk usage). Upon termination, all data may be deleted without notice. Customers may terminate the service by giving at least two days’ notice and ensuring all outstanding invoices are paid.

MODIFICATIONS TO TERMS

We reserve the right to modify these Terms and Conditions at any time without prior notice. Clients are encouraged to review the terms regularly.

GOVERNING LAW

These Terms are governed by the laws of Romania. Any disputes arising from these Terms will be subject to the jurisdiction of Romanian courts.

CONTACT INFORMATION

For any inquiries, technical support, or urgent issues, please contact us at:

• Email: hello@rarecloud.io
• Phone: +40750464166

We aim to respond to general inquiries within one working day and urgent matters within two hours.