Please read this Terms of Service ("Terms", "Terms of Service") carefully before using the MapleDeploy application (the "Application") operated by Ross Hill ("us", "we", "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.
By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.
Our offers and pricing
We offer services and digital products on this Application.
The price of these services and digital products can be found listed on the Application. This price includes all applicable taxes and other fees.
Purchases
When you make a purchase on the Application, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, Discover, MasterCard, Visa, and Interac e-Transfer.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor is true, correct and complete.
Cancellation policy
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Application. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase, except where required by applicable law or our Service Level Agreement.
Refund policy
We do not offer refunds on any purchases made of the services and digital products offered on our Application, except where required by applicable law or our Service Level Agreement.
No warranty on purchases
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION ARE PROVIDED "AS IS". NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the "governing law, severability, dispute resolution, and venue" section below. This remedy is intended to be your sole and exclusive remedy for any breach of this Terms of Service as it relates to your purchase.
Subscriptions
This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month.
WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.
THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.
Automatic renewals of subscriptions
WHEN YOU PURCHASE A SUBSCRIPTION ON THE APPLICATION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY MONTH. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA YOUR ACCOUNT ON THE APPLICATION. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY.
Accounts
When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through the application.
Prohibited uses
You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Ross Hill or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person's use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
- Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party's use of the Application;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
- Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;
- Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Application;
- Using the Application in any way that violates any applicable province, territory, state or country laws, rules or regulations.
Prohibited Data
You may not use the Service to collect, store, process, transmit, or host Prohibited Data.
For this section, "Service" means the Application, MapleDeploy hosting services, customer virtual machines, Coolify instances, storage, backups, snapshots, logs, network traffic, and any services or digital products provided by MapleDeploy.
"Prohibited Data" means:
- Health or medical information, including personal health information, protected health information, patient records, clinical notes, diagnoses, treatment information, prescriptions, laboratory results, insurance claim details, health survey responses, health-related analytics, or other information about a person's physical or mental health;
- Payment card account data, including cardholder data and sensitive authentication data as defined by PCI DSS, such as full primary account numbers (PANs), PANs stored with cardholder names, expiration dates, or service codes, card verification values or codes, PINs or PIN blocks, magnetic-stripe data, chip data, or any other data that would require MapleDeploy to operate or validate a PCI DSS cardholder-data environment;
- Government-issued or financial account identifiers, including Social Insurance Numbers, Social Security numbers, passport numbers, driver's licence numbers, health-card numbers, bank-account numbers, routing numbers, or transit numbers;
- Biometric identifiers or biometric templates, including fingerprints, faceprints, voiceprints, iris scans, or similar identifiers used to identify a person;
- Genetic data; and
- Any data subject to sector-specific laws, regulations, certifications, audit rights, security-control frameworks, provider addenda, or contractual terms that MapleDeploy has not expressly accepted in writing, including business associate agreements, PHIPA or equivalent health-privacy service-provider terms, PCI DSS cardholder-data environment obligations, GLBA or equivalent financial-record obligations, criminal-justice information requirements, controlled-goods or export-controlled technical data obligations, or similar regulated-workload requirements.
Personal information is permitted, including information that may be sensitive in context, when it does not fall into a Prohibited Data category. You are responsible for ensuring that any permitted personal information you collect, store, process, transmit, or host through the Service complies with applicable privacy, security, consent, breach-notification, and data-protection laws.
This does not prohibit integrating with third party payment processors when payment card account data is submitted directly to the processor and is not collected, stored, processed, transmitted, logged, proxied, or hosted by the Service.
No warranty on application
THIS APPLICATION IS PROVIDED "AS IS". NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
IN NO EVENT SHALL ROSS HILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS APPLICATION; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ROSS HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF ROSS HILL ARISING OUT OF OR RELATING TO THIS APPLICATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY ROSS HILL FROM YOU.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF ROSS HILL.
IF, DESPITE THE LIMITATION ABOVE, ROSS HILL IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ROSS HILL WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO ROSS HILL IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS APPLICATION.
Links to third party websites
This Application may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Application or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Copyright infringement procedure
MapleDeploy follows Canada's notice-and-notice regime under the Copyright Act (sections 41.25-41.27).
When we receive a valid copyright infringement notice, we will forward it to the subscriber responsible for the content. We are not required to remove content upon receipt of a notice. The subscriber will have 48 hours to remove the allegedly infringing content or submit a counter-notice.
A valid notice must include: identification of the copyrighted work, the location of the allegedly infringing material, the claimant's contact information, a good faith statement, and a signature.
To report copyright infringement, contact abuse@mapledeploy.ca or visit our abuse reporting page.
Indemnification
You agree to defend, indemnify, and hold harmless Ross Hill, Lawrence Digital, MapleDeploy, and their service providers, contractors, affiliates, officers, agents, and representatives from and against any claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:
- Your access to or use of the Application or Service;
- Content, data, applications, websites, databases, code, workloads, or other materials that you or your users host, store, process, transmit, publish, or make available through the Service;
- Your violation of these Terms, the Acceptable Use Policy, the Service Level Agreement, LunaNode's Terms of Service, or any applicable law;
- Your violation of any third party right, including intellectual property, privacy, publicity, confidentiality, or contractual rights;
- Security incidents, data breaches, privacy incidents, or regulatory obligations involving data or workloads under your control; and
- Claims made by your users, customers, employees, contractors, or other third parties arising from your products, services, applications, or data.
We may assume the exclusive defence and control of any matter subject to indemnification. If we do so, you agree to cooperate with our defence of that claim.
Governing law, severability, dispute resolution, and venue
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Ontario, Canada.
Language
The parties have expressly required that these Terms of Service and any communications hereunder be drafted in the English language. Les parties ont expressément exigé que les présentes Conditions d'utilisation et toute communication en vertu des présentes soient rédigées en langue anglaise.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service from time to time. Material changes will be communicated to active customers by email at least 30 days before they take effect, unless a shorter period is required to comply with law, prevent abuse, protect security, respond to an upstream provider requirement, or avoid unsupported statutory, regulatory, or contractual duties. Non-material changes may take effect when posted. If you do not agree with the changes, you may cancel your subscription before they become effective. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Questions
If you have any questions about our Terms of Service, please contact us at hello@mapledeploy.ca.
Acceptable use policy
Your use of the Service is subject to our Acceptable Use Policy at mapledeploy.ca/legal/aup. The Acceptable Use Policy is incorporated into these Terms by reference. Violations of the Acceptable Use Policy constitute a breach of these Terms and may result in immediate suspension or termination of your account without refund.
Service level and availability
MapleDeploy targets 99.9% monthly uptime for customer virtual machines. If we miss this target, you may be eligible for service credits as described in our Service Level Agreement at mapledeploy.ca/legal/sla. The SLA defines uptime measurement, credit tiers, exclusions, and the claims process.
The MapleDeploy control plane (API, dashboard, billing) is provided on a best-effort basis and is not covered by the SLA. Control plane downtime does not affect your running applications.
Support via email at hello@mapledeploy.ca operates on a best-effort basis with no guaranteed response timeframe.
Upstream provider terms
MapleDeploy servers are hosted on LunaNode infrastructure. Your use of the Service must also comply with LunaNode's Terms of Service at lunanode.com/terms. If LunaNode terminates or suspends a virtual machine due to a violation of their terms, MapleDeploy is not responsible and no refund will be issued.
Chargeback fee
If you initiate a chargeback or payment dispute with your bank or credit card company, a $60 CAD administrative fee will be applied to your account. This fee covers the costs passed through by our payment processors. MapleDeploy reserves the right to suspend or terminate your account upon receipt of a chargeback.
Account restrictions
You must provide accurate and complete information when creating an account. Accounts may not be created using a proxy, VPN, or VPS connection. Each individual or organization may hold only one account. MapleDeploy reserves the right to terminate duplicate accounts or accounts created with false information without notice or refund.