Terms and Conditions of Service

1. Preamble

Stackhero's services are governed by these terms and conditions of service.

By creating an account, ordering a service, accessing the dashboard, or using Stackhero's services, you accept these terms and agree to comply with them.

Stackhero's services are intended for professional use. By using the services, you represent that you are acting for professional or business purposes.

Stackhero may terminate the contract at any time by providing you with 30 days' notice. Likewise, you may terminate the contract via your dashboard, unless a commitment period has been agreed upon in a separate written agreement.

The company Stackhero is referred to in these terms as "Stackhero", "the Company", "we", "us", or "our".

Stackhero is registered under RCS Paris number 512 366 378. Its VAT number is FR92512366378.

The head office is located at:

Stackhero 1 rue de Stockholm 75008 Paris France

Stackhero is a French company, based in France and governed by French law. In the event of a dispute, the courts with jurisdiction over Stackhero's registered head office will have exclusive jurisdiction, unless mandatory applicable law provides otherwise.

2. Stackhero's Obligations

Stackhero provides managed cloud services, hosting services, and related technical services.

Stackhero undertakes to perform the services with due care and skill, in accordance with generally accepted professional standards in the cloud hosting and managed services sector.

Stackhero is committed to correcting defects or malfunctions affecting its own services as soon as reasonably possible to ensure service continuity.

Stackhero offers services designed to be available 24 hours a day, 7 days a week, except during:

  • Planned maintenance.
  • Emergency maintenance.
  • Updates or technical operations required for security, stability, or continuity.
  • Unavailability resulting from circumstances beyond Stackhero's reasonable control.
  • Failures or delays affecting Internet service providers, datacenter providers, hosting providers, network operators, energy providers, or other third-party infrastructure providers.
  • Denial of service attacks or other malicious third-party actions.
  • Force majeure events, including natural disasters, government decisions, wars, riots, civil unrest, acts of terrorism, strikes, fires, floods, storms, earthquakes, or major network disruptions.

Stackhero may update, modify, migrate, suspend, or discontinue a service where reasonably necessary for security, maintenance, legal compliance, technical evolution, or operational continuity.

3. Customer Obligations

You must:

  • Provide accurate and complete registration information, including your email address, physical address, billing information, and any other relevant details.
  • Keep your account information up to date.
  • Keep your passwords, API keys, access tokens, and credentials secure and confidential.
  • Avoid sharing your account information with unauthorized persons.
  • Use the services in compliance with French law, applicable local law, international regulations, and the rules applicable in the selected datacenter location.
  • Use the services in accordance with these terms.
  • Pay all invoices when due.
  • Implement your own security practices, including access control, firewall rules, configuration review, and credential management.
  • Maintain independent backups of your data outside Stackhero's infrastructure, unless a separate written agreement expressly provides otherwise.
  • Avoid interfering with the proper functioning of Stackhero's services, systems, infrastructure, or third-party infrastructure.
  • Refrain from any abusive use of network bandwidth, hosting servers, storage, compute resources, or third-party infrastructure.
  • Not use the services for illegal, abusive, fraudulent, harmful, or security-compromising activities.

Stackhero reserves the right to suspend or terminate any account or service immediately if these terms are not respected, if your use creates a security risk, threatens service stability, or if required by law or by a competent authority.

4. Customer Support

Stackhero provides basic support to help resolve common issues related to its own services.

Support is limited to issues concerning Stackhero's services and infrastructure. It does not include general software consulting, development work, application debugging, administration of software components outside Stackhero's responsibility, or support for third-party software used by you.

Stackhero strives to respond as quickly as possible during business hours, from 9 a.m. to 6 p.m. Central European Time, excluding weekends and French public holidays.

5. Limitation of Liability

Stackhero is not responsible for:

  • Disruptions, interruptions, losses, or damages not caused by Stackhero.
  • Issues related to login credentials, password choices, credential leaks, API keys, access tokens, or unauthorized access resulting from your own security practices.
  • Misconfiguration of services, firewalls, DNS, applications, databases, users, roles, permissions, or network settings by you.
  • Failure to update, secure, monitor, or maintain software, applications, credentials, or configurations under your responsibility.
  • Internet connections and their quality, as the Internet consists of multiple networks outside Stackhero's control.
  • Failures, interruptions, latency, packet loss, routing issues, or service degradation caused by third-party infrastructure providers, datacenter providers, hosting providers, network operators, Internet service providers, energy providers, or other external providers.
  • Software issues such as bugs, vulnerabilities, licensing issues, end-of-life status, compatibility problems, or security defects in components not developed by Stackhero.
  • Loss or corruption of data if you have not maintained independent backups outside Stackhero's infrastructure.
  • Any use of the services that does not comply with these terms, applicable law, documentation, security recommendations, or reasonable professional practices.

To the maximum extent permitted by applicable law, Stackhero's total aggregate liability arising from the services, your account, these terms, or any related agreement, regardless of the legal basis of the claim, shall not exceed the total amount actually paid by you to Stackhero for the services during the twelve months immediately preceding the first event giving rise to liability.

If you have used Stackhero's services for less than twelve months, Stackhero's total aggregate liability shall not exceed the total amount actually paid by you to Stackhero since the creation of your account.

Amounts paid through an authorized marketplace for Stackhero services are considered amounts paid for the services, excluding taxes, credits, refunds, and marketplace fees where applicable.

The liability cap applies in aggregate to all claims, damages, compensation, refunds, service credits, SLA penalties, contractual penalties, settlements, costs, and indemnities arising from the same event or from a series of related events.

The SLA penalties described in section 6 are your sole and exclusive remedy for service unavailability, unless mandatory applicable law provides otherwise.

Stackhero shall not be liable for indirect, incidental, special, or consequential losses, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, loss of use, loss of data, data reconstruction costs, reputational damage, business interruption, or any claim made against you by a third party, except where such exclusion is prohibited by applicable law.

Nothing in these terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law, including in cases of intentional misconduct, fraud, gross negligence, death, bodily injury, or any liability that cannot legally be limited.

6. Service Availability and Penalties

Stackhero guarantees a default monthly average availability rate of 99.9 percent for eligible services.

This Service Level Agreement may be enhanced by a separate written agreement.

The availability guarantee does not cover:

  • Planned maintenance.
  • Emergency maintenance.
  • Updates or technical operations required for security, stability, or continuity.
  • Downtime due to force majeure.
  • Downtime caused by your actions, configuration, software, credentials, firewall rules, or use of the services.
  • Downtime caused by third-party infrastructure, datacenter providers, hosting providers, network operators, Internet service providers, energy providers, or external service providers.
  • Downtime caused by denial of service attacks or malicious third-party actions.
  • Services suspended due to non-payment, abuse, security risk, or breach of these terms.
  • Services that cannot be accessed via the Internet for reasons outside Stackhero's control.

Penalties may be applied only if all the following conditions are met:

  • The unavailability is directly attributable to Stackhero.
  • You contact Stackhero support within 10 days following the incident.
  • You provide sufficient information to allow Stackhero to verify the incident.
  • The affected service is eligible for SLA penalties.
  • You are not in breach of these terms and are not late in payment.

Penalties are calculated on a prorated basis per minute of eligible service unavailability, based on the amount paid by you for the affected service during the month of the incident.

Penalties are capped at 30 percent of the value of the affected service for the month in question.

Penalties cannot be combined with other compensation, refunds, credits, or indemnities for the same incident.

Penalties will be deducted from your next invoice, within a 30-day period, provided that you still have an active account and no overdue payment.

7. Payments and Billing

The prices for each service are listed on the website and are exclusive of VAT, which may be applied depending on your country and will be detailed on the final invoice.

Prices may be revised by Stackhero after notifying you at least one month before the change takes effect.

Any service not paid by the due date may be suspended.

In such cases, an interest rate of 10 percent of the outstanding balance may be applied.

If payment is not received, Stackhero reserves the right to terminate the service and delete all associated data, including service configurations, data, and backups.

You remain responsible for exporting or backing up your data before any termination, suspension, or deletion.

8. Changes to These Terms

Stackhero may update these terms from time to time.

You will be informed of material changes by email, through your dashboard, or by any other appropriate means.

Unless otherwise stated, updated terms will take effect 30 days after notification.

By continuing to use the services after the effective date of the updated terms, you accept the new terms.

If you do not accept the updated terms, you may terminate the services before the effective date.

9. Final Provisions

If any provision of these terms is found to be invalid, unenforceable, or ineffective, the remaining provisions will remain in full force and effect.

Any failure by Stackhero to enforce a provision of these terms does not constitute a waiver of that provision.

These terms constitute the agreement between Stackhero and you regarding the use of the services, unless a separate written agreement has been signed between Stackhero and you.