Terms and Conditions

Last updated: March 28, 2025

This agreement ("Terms," "Agreement") is a legally binding contract between you—either as an individual or as an entity ("Customer," "You," "Your")—and Swebify ("Company," "We," "Us," "Our"), concerning your use of the Swebify SaaS platform and all related services (collectively, the "Service").

By using the Service or completing the sign-up process, you represent that you are at least 18 years old, or the legal age to form a binding contract in your jurisdiction, and that you fully accept these Terms. If you access the Service on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to modify or replace these Terms at any time. Material changes will be notified at least 30 days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service before they take effect.

Swebify is an all-in-one B2B SaaS platform that automates the management of cloud and hosting infrastructures by orchestrating the entire technology stack.

The Service includes automatic server provisioning, virtual-machine management, hosting, email-server management, backup, security, domain management, and other related features.

The Service is provided "as is" and "as available."

We reserve the right to modify, suspend, or discontinue the Service (or any part of it), temporarily or permanently, with or without notice.

We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

The Service may integrate with third-party services such as cloud providers (e.g., Hetzner, Infomaniak, Aruba, Ionos, and others).

The use of such third-party services may be subject to their respective terms and conditions.

You acknowledge that Swebify is not responsible for the operation of such third-party services.

To use the Service, you must complete the registration process by providing accurate, complete, and up-to-date information.

You agree to keep such information updated throughout your use of the Service.

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other security breach.

If you create an administrator account that can be used by multiple users, you are responsible for the activities of all users who access the Service through your account and for ensuring that each of those users complies with these Terms.

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.

You agree not to use the Service to:

• a) Violate any applicable law or regulation;
• b) Infringe upon third-party intellectual property rights;
• c) Upload, transmit, or distribute any virus, malware, or other harmful code;
• d) Interfere with or compromise the security or integrity of the Service;
• e) Collect or harvest personal data from other users of the Service without their consent;
• f) Send spam, chain letters, or other forms of unsolicited communication;
• g) Engage in activities that may be deemed fraudulent, deceptive, or harmful.

If you use the Service to provide services to your own end customers through the white-label functionality, you are responsible for:

• a) Ensuring that your end customers comply with these Terms;
• b) Providing first-level support to your end customers;
• c) Informing your end customers of the acceptable use policies;
• d) Obtaining all necessary consents from your end customers for the processing of their data.

You agree to use the Service in compliance with all applicable laws and regulations, including but not limited to those related to data protection, privacy, electronic communications, and intellectual property rights.

The Service is available through various subscription plans, each offering different features and pricing.

Specific details for each plan are available on our website or through direct communications.

All payments are due in advance according to the chosen billing cycle.

By authorizing recurring charges, you authorize us to automatically bill your selected payment method for each subsequent billing period, unless cancelled.

The prices shown do not include applicable taxes, duties, or fees, which will be added to the total amount due where required by law.

We reserve the right to change our pricing at any time, with at least 90 days’ prior notice before the new rates take effect.

Such changes will apply to billing periods following the effective date of the new rates.

In case of non-payment, we reserve the right to suspend or restrict access to the Service until payment is received.

For payments overdue by more than 30 days, we may apply late interest at the legal rate.

Payments for the Service are non-refundable, unless otherwise specified in our refund policy or required by applicable law.

The Service—including, but not limited to, software, graphics, logos, designs, interface, code, and any content created by us—is owned by Swebify or its licensors and is protected by intellectual property laws.

We reserve all rights not expressly granted under these Terms.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for the purposes set forth in these Terms and in accordance with them.

If you provide feedback, ideas, or suggestions relating to the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, modify, publish, distribute, and sublicense such Feedback without any attribution or compensation.

Use of Swebify’s trademarks, logos, or trade names is strictly prohibited without our prior written consent, except where specifically allowed under the white-label functionality.

You retain all rights, title, and interest in and to all data, information, or materials you upload, input, or create through the Service ("Customer Data").

Nothing in these Terms deprives you of the ownership of your Customer Data.

Servers, Virtual Machines (VMs), containers, databases, hosting environments, mail servers, emails, S3 buckets, CDNs, and any other resources created through the Swebify platform are considered your property, even if hosted on the underlying cloud provider’s infrastructure.

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, publish, transmit, and display Customer Data only to the extent necessary to provide the Service and ensure technical support.

We reserve the right to access your resources and data under the following circumstances:

• a) To provide the Service and technical support;
• b) To perform scheduled or emergency maintenance;
• c) To monitor and ensure the security of the Service;
• d) To investigate potential violations of these Terms;
• e) To comply with legal obligations or legitimate governmental requests.

Each access will be limited to the specific purpose and logged in our records.

We provide tools to export your data from the platform in industry-standard formats.

The availability and technical limitations of such tools depend on the specific nature of the data and resources.

Swebify provides mechanisms to transfer ownership of resources between different accounts, subject to:

• a) Verification of both parties’ identities;
• b) Fulfillment of payment obligations;
• c) Technical or contractual limitations imposed by the underlying cloud providers.

Each access will be limited to the specific purpose and will be documented in our recording systems.

In case of non-payment:

• a) You will be granted a 15-day grace period during which you will receive overdue payment notifications;
• b) After the grace period, access to resources will be temporarily suspended, though data will be retained;
• c) If payment is not received within an additional 15 days, we reserve the right to deactivate the resources;
• d) Data will be retained for that period, after which it will be deleted.

We collect and process personal data as described in our Privacy Policy, which is incorporated into these Terms by reference and available at Privacy and Cookie Policy.

Swebify is certified under the international standards ISO 9001:2015 (Quality Management System) and ISO 27001:2013 (Information Security Management System).

These certifications demonstrate our commitment to:

• a) Structured and documented quality processes for all services provided;
• b) A systematic approach to managing and protecting information;
• c) Continuous improvement of our processes, services, and security controls;
• d) Compliance with regulatory requirements applicable to data protection.

We are committed to complying with all applicable data protection laws, including the EU General Data Protection Regulation ("GDPR"), where applicable.

Upon request, we make available a Data Processing Agreement (DPA) compliant with Article 28 of the GDPR.

For the purposes of data protection laws:

• a) You are the data controller for the personal data contained within Customer Data;
• b) We act as the data processor, processing such personal data on your behalf;
• c) For data related to your account, we may be considered an independent data controller.

We will process personal data contained in Customer Data only in accordance with your documented instructions, including those inherent in the execution of these Terms and the provision of the Service.

We implement and maintain appropriate technical and organizational measures to protect personal data, consistent with our ISO 27001:2013 certification.

These measures include:

• a) Encryption of data in transit and at rest;
• b) Access controls based on the principle of least privilege;
• c) Regular backups and disaster recovery procedures;
• d) Formal incident management procedures;
• e) Ongoing staff training on data protection.

We may engage subprocessors for the processing of personal data, ensuring that:

• a) An up-to-date list of subprocessors is available upon request;
• b) Subprocessors are bound by contractual obligations at least equivalent to those contained in these Terms;
• c) We remain fully responsible for the acts and omissions of our subprocessors.

If personal data is transferred outside the European Economic Area (EEA), we ensure that such transfers are carried out in compliance with appropriate legal mechanisms, such as the EU Standard Contractual Clauses (SCCs).

We will assist you in fulfilling your obligations to respond to data subjects’ requests to exercise their rights under applicable data protection laws.

In the event of a personal data breach, we will notify you without undue delay and, in any case, within 48 hours of discovering the incident, providing:

• a) A description of the nature of the breach;
• b) Categories and approximate number of data subjects involved;
• c) Potential consequences of the breach;
• d) Measures taken or proposed to mitigate the risks.

We commit to maintaining Service Availability of 99.9% on a monthly basis, calculated as follows:

• a) Availability Percentage = ((Total Minutes in a Month – Downtime Minutes) / Total Minutes in a Month) × 100
• b) Downtime refers to periods during which the Swebify control panel or essential services are not accessible due to issues within our infrastructure, confirmed by our monitoring systems.
• c) Exclusions from Downtime:
  • Scheduled maintenance;
  • Issues caused by factors external to our infrastructure (including those of the underlying cloud provider);
  • Issues arising from customer-specific configurations or modifications;
  • Interruptions due to DDoS attacks or other external security events;
  • Issues resulting from exceeding allocated resource limits.

• a) Scheduled maintenance will be notified at least 48 hours in advance via email and through the control panel.
• b) Maintenance will be performed, whenever possible, during the following maintenance windows:
  • Weekdays: 22:00 to 05:00 CET/CEST
  • Weekends: 22:00 Friday to 05:00 Monday CET/CEST
• c) We commit to limiting scheduled maintenance to no more than 8 hours per month.

• a) Continuous Monitoring: Our systems automatically monitor service availability and performance 24/7/365.
• b) Status page: We maintain a publicly accessible status page displaying the current service status and incident history.
• c) Availability Reports: Upon request, we provide monthly availability reports to Business or Enterprise plan customers.

• a) Reporting Channels:
  • through the ticket area of swebify.io
  • Email: [email protected]
• b) Required Information:
  • Detailed description of the issue
  • IDs of affected resources
  • Timestamp of issue onset
  • Steps to reproduce (if applicable)
  • Relevant logs or screenshots
• c) Acknowledgment Times:
  • Standard Plan: within 4 business hours
  • Business Plan: within 2 business hours
  • Enterprise Plan: within 1 business hour

• a) Priority Classification:
  • P1 (Critical): Service completely unavailable or unusable
  • P2 (High): Core functionality severely impacted
  • P3 (Medium): Secondary functionality affected or performance degradation
  • P4 (Low): Inquiries, improvements, or minor issues
• b) Initial Response Times per Priority Level:

  Priority	Standard Plan	Business Plan	Enterprise Plan
  P1	4 hours	2 hours	1 hour
  P2	8 hours	4 hours	2 hours
  P3	24 hours	12 hours	8 hours
  P4	48 hours	24 hours	16 hours

• c) Support Hours:
  • Essential Plan: 09:00–18:00 CET/CEST (business days)
  • Administrator Plan: 08:00–20:00 CET/CEST (business days)
  • Architect Plan: 24/7/365 for P1 and P2 incidents

If we fail to meet the availability targets, you will be eligible to receive service credits according to the following table:

• a) Service Credits: see the dedicated section.
• b) Credit Request Procedure:
  • Requests must be submitted within 30 days following the end of the month in which the outage occurred;
  • Requests must include logs or other evidence of the outage;
  • Credits will be applied to the following month’s invoice.
• c) Limitations:
  • The maximum credit for any month shall not exceed 50% of the monthly invoice;
  • Credits are non-transferable and cannot be converted into cash refunds;
  • Credits do not apply to free trial periods or unpaid services.

Notwithstanding the foregoing, we shall not be held responsible for SLA breaches caused by:

• a) Factors beyond our reasonable control, including force majeure events;
• b) Actions or omissions by you or third parties;
• c) Failures or malfunctions of software, hardware, or services not provided by us;
• d) Suspension or termination of the Service in accordance with these Terms of Service.

We reserve the right to modify this SLA with 30 days’ prior notice.

Changes will be communicated via email and published on our website.

Swebify is certified under ISO 27001:2013, the international standard for information security management.

This certification confirms that:

• a) We have implemented an Information Security Management System (ISMS) compliant with international standards;
• b) We adopt a systematic and documented approach to managing information security risks;
• c) Our internal processes are subject to regular and independent audits to ensure continuous compliance;
• d) We have implemented comprehensive controls to protect the confidentiality, integrity, and availability of information.

The certification covers all processes, technologies, and services offered through the Swebify platform.

We implement security measures based on industry best practices to protect the Service infrastructure, including:

• a) Multi-layer architecture with network segmentation;
• b) Data encryption in transit (TLS) and at rest (AES-256);
• c) Access controls based on the principle of least privilege;
• d) Perimeter protection with advanced firewalls and intrusion detection systems;
• e) Continuous security monitoring and regular vulnerability scans;
• f) A documented patch management process for all software components.

Service security is a shared responsibility:

• a) We are responsible for the security of the underlying infrastructure and software providing the Service;
• b) You are responsible for securing user accounts, passwords, and any customization or configuration you perform.

The Service includes automatic backup functionality; however:

• a) We recommend maintaining independent backups of your critical data;
• b) We do not guarantee that backups will always be available or complete;
• c) Ultimate responsibility for protecting your data rests with you.

We will promptly inform you of any security breach compromising your data, in compliance with applicable laws, and in any case no later than 72 hours after discovering the incident, whenever possible.

In accordance with ISO 27001 requirements, we commit to:

• a) Conducting regular risk assessments related to information security;
• b) Periodically testing our security controls, including penetration tests conducted by independent third parties;
• c) Continuously updating our security policies and procedures;
• d) Regularly training our staff on security best practices.

Our data centers and offices are protected by:

• a) Multi-level physical access controls;
• b) 24/7 surveillance systems;
• c) Environmental protection measures (redundant power, climate control, fire detection and suppression);
• d) On-site security personnel.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL SWEBIFY, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• a) THE USE OR INABILITY TO USE THE SERVICE;
• b) ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE;
• c) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA;
• d) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICE;
• e) ANY OTHER MATTER RELATING TO THE SERVICE.

OUR TOTAL LIABILITY, REGARDLESS OF THE CAUSE OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SWEBIFY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Swebify and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

• a) Your access to or use of the Service;
• b) Your breach of these Terms;
• c) Your violation of third-party rights, including, but not limited to, intellectual property, privacy, or proprietary rights.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages; therefore, some of the above limitations may not apply to you.

These Terms will remain in effect until terminated by either you or us.

You may terminate these Terms at any time by deactivating your account and discontinuing use of the Service.

The specific cancellation conditions of your subscription plan will apply.

We may terminate or suspend your account and access to the Service immediately, without notice or liability, for any reason whatsoever, including, without limitation, if you violate these Terms.

Upon termination:

• a) Your right to use the Service will immediately cease;
• b) Access to your data will be limited as specified in section 7.6;
• c) All payments due up to the termination date will remain payable and will be charged immediately;
• d) Any provisions of these Terms that by their nature should survive termination shall remain in effect.

After termination, we offer a 15-day grace period during which you may access your data solely for retrieval purposes.

Access during this period may be subject to functional limitations.

If you use Swebify’s white-label functionality, we grant you a limited, non-exclusive, and non-transferable license to incorporate the Service into your own service offering under your brand name.

When using the white-label functionality:

• a) You must clearly identify yourself as the service provider to your end customers;
• b) You must not present the Service as being developed or maintained by you;
• c) You must comply with all branding guidelines we may provide.

The main contractual relationship will be between you and your end customers.

You are responsible for:

• a) Establishing appropriate terms of service with your end customers;
• b) Providing first-level customer support;
• c) Managing billing and payments;
• d) Ensuring compliance with all applicable laws.

"Confidential Information" includes all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

The Receiving Party agrees to:

• a) Use the Confidential Information solely for the purposes of these Terms;
• b) Protect the Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event with less than reasonable care;
• c) Not disclose any Confidential Information to third parties without the prior written consent of the Disclosing Party.

The confidentiality obligations do not apply to information that:

• a) Was already known to the Receiving Party prior to disclosure;
• b) Becomes publicly known through no fault of the Receiving Party;
• c) Has been lawfully received from a third party without confidentiality obligations;
• d) Has been independently developed by the Receiving Party;
• e) Must be disclosed pursuant to law or court order.

The confidentiality obligations shall remain in effect for a period of five (5) years from the date of disclosure, or for the period required by applicable law, whichever is longer.

We may provide you with notices regarding the Service or these Terms through:

• a) Notifications within the Service;
• b) Email sent to the address associated with your account;
• c) Publications on our website.

Official notices to us must be sent to the email address [email protected] or by registered mail to (Vige Srl via Galdo, 45 Altavilla Silentina (SA) 84045 Italia).

For technical support requests, you may use the designated channels available within the Service or described in the documentation.

"Force Majeure" means any circumstance beyond the reasonable control of a party, including, without limitation, acts of God, fires, floods, wars, acts of terrorism, Internet or electronic communications outages or failures, power interruptions, riots, governmental actions, or similar events.

Neither party shall be deemed in breach of these Terms, nor liable for any delay or failure to perform its obligations under these Terms, when such delay or failure results from circumstances of Force Majeure.

The party affected by a Force Majeure event must:

• a) Promptly notify the other party of the event;
• b) Make all reasonable efforts to mitigate the effects of the event;
• c) Resume performance of its obligations as soon as reasonably possible.

These Terms shall be governed by and construed in accordance with European and Italian laws, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall be resolved exclusively by the competent courts of Salerno.

You may not assign or transfer these Terms, in whole or in part, without our prior written consent.

We may assign these Terms freely without restriction.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, whether written or oral, relating to the Service.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between the parties.

These Terms have been drafted in Italian.

In the event of any conflict between the Italian version and any translation, the Italian version shall prevail.

Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, and any other provisions that by their nature should survive, shall survive the termination of these Terms.

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