Terms and Conditions of Service

1. Provider Identification

These Terms of Service govern the contracting and use of the services offered by AmityLabs Cloud (hereinafter, “the Provider” or “the Company”).

Service areas: Cloud infrastructure, virtual private servers (VPS), dedicated servers, hosting, networking, technical support and infrastructure engineering.

Formation of the contract: The contract is deemed formed when the Client requests a service, pays the first invoice or purchase order, or actively uses the resources after these Terms have been made available, which constitutes express and valid acceptance under Law No. 19.799 on Electronic Documents, Electronic Signatures and Certification Services.

2. User Conduct

The Client declares that it will use the services exclusively for lawful purposes. The following is prohibited:

• Publishing, storing, distributing or transmitting content that is illegal, defamatory or lacks the required intellectual property authorization.
• Hosting, distributing or running malicious code, exploits, unauthorized intrusion tools or software that threatens the stability and security of the infrastructure.
• Directing aggression, offensive language or threats at the Company’s operations or technical staff.

Any breach will entitle AmityLabs Cloud to suspend or terminate the service immediately, with no right to a refund.

3. Prohibited Activities and Anti-Spam Policy

Using the infrastructure for any of the following is strictly prohibited:

• Mass sending of unsolicited email (spamming), unverified mailing lists or passive spamming.
• Identity spoofing, phishing, denial-of-service attacks (DoS/DDoS), mailbombing, or the improper use or announcement of unassigned IP addresses.
• Unauthorized mass port scanning, intensive cryptocurrency mining without an explicitly dedicated plan, or any activity that compromises the network’s reputation.

Such conduct will entitle the Company to suspend the service immediately and to report it to the competent authorities.

4. Term, Renewals and Cancellation

Contracts are entered into for successive periods according to the billing cycle purchased and renew automatically, unless otherwise agreed.

Cancellation requests: A cancellation may be requested at any time through a support ticket or the client panel. To avoid renewal and the charge for the upcoming cycle, the request must be received before the new cycle is processed administratively.

Renewal processing: A renewal is considered processed as soon as the system issues the billing document for the following period. A cancellation received after that point ends the service at the end of the current cycle, but does not extinguish the obligation to pay the document already issued.

Manual renewal option: The Client may ask to switch to manual renewal before the due date. Under this arrangement no automatic charges are issued; to keep the service, the Client must request the renewal and pay for it on time. Otherwise, the service and its associated data will be permanently deleted.

Non-payment policy:

• Day 3 after the due date: Immediate suspension of the services.
• Day 7 after the due date: Permanent and irreversible deletion of the instance, storage volumes and associated data. The outstanding debt remains payable.

5. Scope of the Services and Limitation of Liability

AmityLabs Cloud provides compute, storage and connectivity services according to the technical specifications purchased, using virtualized infrastructure and links supplied by data centers and wholesale telecommunications carriers.

Force majeure exclusions: AmityLabs Cloud will not be liable for interruptions or unavailability resulting from:

• Natural disasters, acts of war, fires, failures of the public power grid or fortuitous events not attributable to its direct management.
• International backbone failures, connectivity problems or operational contingencies beyond the direct control of the Company or its upstream infrastructure providers.
• Massive DDoS attacks or other cybersecurity incidents that exceed reasonable capabilities and the mitigation standards purchased.

Limitation of liability: Except in cases of proven willful misconduct or gross negligence, the Company’s total and cumulative liability to the Client will be limited to the amount actually paid for the service in question during the 12 months preceding the event giving rise to the claim. The Company will not be liable for lost profits, indirect or consequential damages, or loss of data (Article 1547 of the Chilean Civil Code and Article 12 B of Law No. 19.496).

6. Support and Technical Assistance

• Sales and administrative support: Monday to Friday, 09:00 to 18:00 (mainland Chile time).
• Infrastructure and abuse support: 24/7 monitoring and assistance through the ticket system.
• Incidents or contingencies attributable to third-party networks or platforms will be handled with an initial technical response time of up to 48 business hours.

7. Rates and Billing

• Invoices or payment orders are issued in advance of the due date of the contracted cycle.
• Only payments made through the official payment channels announced by AmityLabs Cloud will be considered valid.
• Failure to pay will result in suspension on day 3 and permanent deletion on day 7.
• Price adjustments will be announced with due notice on the platform or by direct communication to the Client before the next renewal.

8. Refunds and Right of Withdrawal

Eligibility: Applies only to standard shared hosting or cloud services, if requested within the first 30 days from the initial purchase, and provided that at least 3 technical tickets have been filed for serious failures not resolved in accordance with the agreed service level.

Exclusions: Refunds do not apply to dedicated servers, additional IP addresses, third-party software licenses or custom-configured services.

For digital or infrastructure services that are provisioned and delivered immediately at the Client’s express request, the exception to the right of withdrawal under Article 3 bis of Law No. 19.496 may apply.

9. Security, Fraud and Computer Crimes

Providing false information, impersonating others or breaching payment systems is prohibited. Such conduct will result in immediate termination of the service and may be reported to the Public Prosecutor’s Office (Ministerio Público) under Law No. 21.459 on Computer Crimes.

10. Technical Limits and Fair Use

Shared services: CPU usage is limited to a maximum of 8% sustained; outgoing email is limited to 300 messages per hour / 900 per day.

Fair use policy for Virtual Private Servers (VPS):

• If an instance records vCPU usage above 80% sustained for more than 1 continuous hour, a monitoring alert will be issued.
• If the condition persists for more than 24 continuous hours, a formal notice will be sent to the Client.
• If, after an additional 24 hours, no technical mitigation is in place, AmityLabs Cloud may preventively suspend or throttle the instance to protect the stability of the shared hypervisor.

IP reputation: If an assigned IP is listed on 3 or more blacklists (RBL) within one quarter, the service may be terminated with no right to a refund.

11. Service Level Agreement (SLA)

For VPS instances and dedicated servers with active management or monitoring:

Downtime is counted from the opening of the formal technical ticket and is credited toward the following cycle.

12. Changes to the Terms

AmityLabs Cloud may update these Terms when appropriate. Material changes will be announced on the website or by email at least 15 calendar days before they take effect for the next renewal. Continued use of the service or payment of the following cycle will constitute acceptance of those changes.

13. Penalties for Operational Abuse

Any incident attributable to the Client involving outbound attacks, malware distribution, active phishing or deliberate saturation that compromises the network may be subject to an administrative and mitigation fee of 50 USD + VAT (or its equivalent in local currency), supported by the corresponding technical report.

14. Personal Data Protection

AmityLabs Cloud processes the Client’s personal and billing data solely to perform the contract, provide the service and meet its tax obligations, in accordance with Law No. 19.628 on the Protection of Private Life. The Company does not sell or share its clients’ data with third parties unrelated to its operations.

15. Backups and Data Safekeeping

Unless expressly agreed through managed backup services (Managed Backups), the Client is solely responsible for creating, safeguarding and periodically verifying backups of its data and configurations. AmityLabs Cloud will not be liable for data loss caused by deletion for non-payment, failures at the operating system level or misconfiguration by the Client.

16. Third-Party Services

Domain registrations, external SSL certificates and third-party software licenses are governed by the terms of their respective providers. AmityLabs Cloud acts as a facilitator or reseller for these items and is not liable for unilateral decisions or changes made by those entities.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Chile. For any legal dispute, the parties establish their domicile in and submit to the jurisdiction of the Ordinary Courts of Justice of Santiago, without prejudice to the mandatory consumer rights that apply when Law No. 19.496 is applicable.