Terms and conditions

Neon Cloud provides public cloud infrastructure services including, but not limited to, compute instances (virtual machines), block and object storage, virtual networking, load balancing, firewall and security groups, managed databases, backup and disaster recovery, Kubernetes-as-a-Service, and professional services as described in our product catalog.

Services are delivered on a self-service basis through our console (app.neoncloud.com) and APIs, or via channel partners authorized under our partner program.

The Services run in our data centre, colocated in a Tier III data centre facility in Delhi NCR (Noida), India, which is our only data centre region today.

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and SSH keys, and for all activities that occur under your account. You must notify Neon Cloud immediately upon becoming aware of any unauthorized use of your account.

You agree not to use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation. Prohibited uses include, without limitation:

• Hosting or distributing malware, ransomware, phishing content, or any malicious software.
• Cryptocurrency mining without prior written authorization from Neon Cloud.
• Launching distributed denial-of-service (DDoS) attacks or engaging in network abuse.
• Distributing unsolicited bulk email (spam) or operating open mail relays.
• Storing, transmitting, or processing child exploitation material.
• Infringing upon intellectual property rights of any third party.
• Attempting to gain unauthorized access to Neon Cloud systems, other customer accounts, or third-party systems.
• Using the Services in a manner that degrades performance or availability for other customers.

Neon Cloud reserves the right to suspend or terminate Services immediately upon detection of AUP violations, with or without notice.

Services are billed according to the pricing published in our product catalog or as agreed upon in a custom order form. We offer hourly and monthly billing cycles. All charges are due within fifteen (15) days of invoice date unless otherwise specified.

Late payments accrue interest at one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is lower.

All fees are exclusive of applicable taxes (GST, VAT, sales tax, withholding tax) which shall be borne by the Customer. Neon Cloud will add applicable taxes to invoices based on the Customer's billing jurisdiction.

Invoices from Neon Cloud Private Limited carry its GSTIN 06AAKCN5532B1ZQ (Haryana). Give us your GSTIN before we invoice you to claim input tax credit. If you deduct tax at source, deposit it against our PAN AAKCN5532B and send us the certificate.

Pricing changes will be communicated at least thirty (30) days in advance and will not affect existing committed-term agreements.

Neon Cloud's uptime commitments, measurement methodology, exclusions, and service credit remedies are set forth in the SLA Policy. The SLA is incorporated by reference into these Terms.

You retain all rights, title, and interest in your data ("Customer Data"). Neon Cloud does not access, use, or share Customer Data except as necessary to provide the Services, comply with applicable law, or as instructed by you.

Customer Data is stored and processed in India, in the data centre described in section 2.1. We do not move it out of India; it leaves India only if you move it yourself.

Upon termination, you may export your data within thirty (30) days. After this period, Neon Cloud may delete Customer Data in accordance with our data retention policy.

Neon Cloud leverages open-source technologies and standard formats to ensure data portability and avoid vendor lock-in.

Each party retains all rights, title, and interest in its own intellectual property. Neon Cloud grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during the term of the agreement. No transfer of intellectual property is implied by these Terms.

Each party agrees to maintain the confidentiality of information designated as confidential by the disclosing party and to use such information solely for the purposes contemplated by these Terms. Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.

Neon Cloud warrants that the Services will perform materially in accordance with the applicable documentation.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEON CLOUD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEON CLOUD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

NEON CLOUD'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Customer shall indemnify, defend, and hold harmless Neon Cloud from and against any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from:

• Customer's use of the Services in violation of these Terms or applicable law;
• Customer's breach of the Acceptable Use Policy;
• Any dispute between Customer and its end users or end customers;
• Misuse or unlicensed use of any third-party software deployed on the Services.

These Terms are effective upon account creation and continue until terminated. Either party may terminate for convenience with thirty (30) days' written notice. Neon Cloud may suspend or terminate Services immediately for AUP violations, non-payment, or breach of material terms.

Upon termination, Customer must pay all outstanding fees. Sections relating to confidentiality, limitation of liability, indemnification, and governing law survive termination.

Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power outages, internet disruptions, or third-party carrier failures.

These Terms are governed by the laws of India. Disputes shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India.

• Entire agreement: These Terms, together with the Privacy Policy, SLA Policy, Legal Policy, and any applicable order forms, constitute the entire agreement between the parties.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No waiver: No failure or delay in exercising any right constitutes a waiver of that right.
• Assignment: Customer may not assign these Terms without prior written consent. Neon Cloud may assign in connection with a merger, acquisition, or sale of substantially all assets.
• Electronic signatures: These Terms may be accepted electronically, which shall have the same legal effect as a handwritten signature.
• Notices: All legal notices shall be sent to legal@neoncloud.com or to the email address associated with your account. Notices by post go to Neon Cloud Private Limited, 901, 9th Floor, Tower B, Capital The Cityscape, Sector 66, Gurugram, Haryana 122101, India, or, for contracts with Neon Cloud LLC, to 8 The Green, STE R, Dover, DE 19901, United States.