Terms of Service

1. Definitions

• Elyon: The commercial brand responsible for providing the described services.
• Client / User: Any individual, legal, or generic entity contracting or using the services.
• Services: Hosting, infrastructure, and related services offered by Elyon.
• Account: Profile created by the client to manage contracted services.
• Activation date: The moment the service is operational and available to the client.

2. Purpose of the Service

Elyon offers hosting services and technological solutions under a shared and dedicated infrastructure model, according to the contracted plan.
The scope, resources, limitations, and features of each service will be defined in the commercial description at the time of contracting.

3. User Eligibility

• Has legal capacity to enter into contracts.
• Provides truthful, updated, and complete information.
• Uses the services for lawful and permitted purposes.

Elyon reserves the right to refuse, suspend, or cancel services when false information or misuse is detected.

4. Account Creation and Responsibility

• Maintaining the confidentiality of credentials.
• All activity performed from their account.
• The content hosted and actions performed within the services.

Elyon will not be responsible for unauthorized access resulting from client negligence.

5. Acceptable Use of the Service

• Illegal or unauthorized activities.
• Distribution of malware, phishing, or malicious content.
• DDoS attacks, network abuse, or exploitation of vulnerabilities.
• Content that infringes copyright, intellectual property, or privacy. (Such as leaked plugins)
• Excessive or abusive use of resources that affects service stability.

Elyon may suspend or cancel services immediately for violations of this section, with no obligation to refund.

6. Resources and Limitations

• Resources assigned to each plan (CPU, RAM, storage, bandwidth, etc.) are subject to the limits set in the contracted offer.
• In shared services, the client acknowledges that resources are not exclusive.
• Elyon will apply fair use policies to ensure overall stability.

7. Payments, Billing, and Renewals

• All services are paid in advance.
• Published prices do not include taxes unless expressly indicated.
• Services may be set up with automatic renewal.
• The client is responsible for maintaining valid and updated payment methods.
• Failure to pay may result in suspension or cancellation of the service.

8. Refund Policy

Refunds are governed exclusively by Elyon's Refund Policy, which is an integral part of these Terms and Conditions.
Outside of what is established in said policy, no partial or total refunds will be made.

9. Suspension and Termination of Service

• Breach of these Terms and Conditions.
• Improper, abusive, or unauthorized use of the service.
• Existence of technical, legal, or security risks that may affect Elyon, other clients, or third parties.

Whenever possible, Elyon will try to contact the client in advance through the means registered in their account, in order to:
- Inform about the detected situation.
- Request corrections or clarifications when reasonably possible.
- Avoid unnecessary suspensions due to errors or misunderstandings.
The client acknowledges that, in scenarios where there is immediate risk, serious breach, or potential damage to the infrastructure, Elyon may act immediately to protect the stability, security, and continuity of the services.
The client may cancel the service at any time from their account. Such cancellation will not generate the right to a refund, total or partial, outside the guarantee period established in the Refund Policy.

10. Backups and Data Loss

• Elyon may offer backup systems as an additional service, functionality included in certain plans, or as an operational courtesy, as indicated in the description of the contracted service.
• If Elyon offers backups: these are provided without absolute guarantee of availability, integrity, or total recovery.
• Their existence does not replace or eliminate the client's responsibility for their own information.
• The client acknowledges and accepts that they are solely responsible for maintaining updated, independent, and verifiable backup copies of all data, files, and content hosted on Elyon's services.
• Whenever reasonably possible, Elyon will try to inform the client about relevant incidents that may compromise stored information. However, Elyon does not guarantee the prevention of data loss resulting from technical failures, human errors, client actions, third parties, or events beyond its control.
• In no case will Elyon be responsible for: total or partial data loss, damages resulting from the inability to access, restore, or use the information, or economic, operational, or reputational consequences associated with such loss.

11. Availability and Warranties

Elyon makes reasonable and continuous efforts to maintain high availability and stability of its services. However, the client acknowledges and accepts that uninterrupted or error-free operation is not guaranteed.

• Scheduled or corrective maintenance, including emergency maintenance.
• Failures, limitations, or interruptions attributable to providers or third-party services.
• Events beyond Elyon's reasonable control, including but not limited to power outages, network issues, natural disasters, or force majeure.

Specific levels of availability, as well as commitments, metrics, and, where applicable, compensations, are defined in the Service Level Agreement (SLA) corresponding to the contracted service, which is an integral part of these Terms and Conditions.
It is recommended that the client review the current SLA to know in detail the scope, exclusions, and conditions related to service availability.

12. Limitation of Liability

• Indirect, incidental, or consequential damages.
• Loss of income, data, or reputation.
• Decisions made by the client based on the use of the service.

Elyon's total liability will not exceed the amount paid for the service in the current period.

13. Intellectual Property

All content, brand, logos, and materials of Elyon are the exclusive property of Elyon and may not be used without express authorization.

14. Modifications

Elyon may modify these Terms and Conditions at any time.
Continued use of the service implies acceptance of the updated versions.

15. Governing Law and Jurisdiction

These Terms and Conditions will be governed and interpreted in accordance with applicable laws.
Any dispute will be submitted to the corresponding competent courts.