THE PARTIES

The Provider:
RareCloud services are operated by RARE MOOD AGENCY SRL, Fiscal Code 45192771, Reg. No. J13/3713/2021, VAT RO45295777, 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 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.

Cookies and User Experience:
Our website uses cookies to enhance your browsing experience. You can control cookie usage at the browser level, but disabling cookies may limit certain features.

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. You may request to correct or delete your data by contacting us.

Your Rights:
Under GDPR, you have the right to access, correct, delete, or object to the processing of your data. To exercise these rights, please contact us.

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.