Terms and Conditions of Service
Welcome to XVer, a cloud infrastructure service operated by XVer Co., Ltd. (Registration No. 0135568018081). By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions:
1. Definitions and Service Scope
- "Services": Refers to the Company's provision of virtual server rental services (Cloud Server, VPS) and private servers (Dedicated Server), where users can manage their own servers through our Control Panel system
2. User Responsibility and Obligations
- Account Management: Users are responsible for maintaining the confidentiality of passwords and login credentials. Any activities occurring under your account are your sole responsibility
- Data Backup: Although our systems are highly stable, XVer is not responsible for data loss in all cases where users cause damage to their data. Users must establish policies and perform Off-site Backups themselves at all times
3. Acceptable Use Policy (AUP)
To ensure smooth system operation, users agree not to use the services in the following manners:- Illegal Activities: Online gambling, child pornography, copyright infringement (DMCA), or content illegal under Thai law
- System Attacks: DDoS attacks, Phishing, Port Scanning, or any attempts to penetrate other systems
- Resource Disruption: Abnormal CPU/Network usage that affects other users (Shared Resources)
- Spam: Sending spam emails or any actions that cause the Company's IP addresses to be blacklisted
4. Payment and Credit Policy (Financial Terms)
You have rights to manage your data under PDPA law as follows:- Prepaid Model: Services operate on a prepaid credit system through designated payment providers (e.g., Omise)
- Hourly Billing: The system calculates service fees and deducts credits every hour based on actual usage status
- Insufficient Funds: If credits are depleted (Zero Balance), the system will immediately Suspend services. If no payment is made within 1 day, the system will automatically Destroy (delete data) to return resources to the pool
5. Service Level Agreement (SLA)
- We are committed to maintaining system availability (Uptime) of at least 99.9%. Limitation of Liability: The Company will not be liable for commercial damages, loss of revenue, or any indirect damages arising from system failures or Force Majeure events
6. Provisioning Formats and Timelines
- Cloud Compute / VPS: The system will automatically install resources and operating systems (OS) immediately upon receiving orders through the system, provided there is sufficient credit remaining. Normally, preparation takes 1-15 minutes, depending on resource size and current queue workload
- Dedicated Server (Bare Metal): Since physical server preparation requires specific hardware and network inspection, the system will complete delivery within 1-3 business days (excluding Saturday-Sunday and public holidays). The team will notify progress through designated channels
7. Delivery Methods
- Delivery is considered complete when the system status changes to "Active" or "Running" on the user's Dashboard page
- Users can access important information such as IP Address, temporary passwords, and server management tools directly through XVer's Control Panel
- In cases of specialized services, connection information will be sent to the registered email in the system
8. Service Access Speed
- Service access speed after delivery may depend on the quality of the user's internet connection and DNS Propagation in some cases
- If delivery is delayed beyond the specified time (e.g., system remains in Pending status longer than normal), users can contact staff immediately
9. Identity Verification Before Delivery
- The Company reserves the right to delay service delivery in cases where the system detects security risks or payment irregularities until user identity verification is completed
10. Investigation and Suspension
If the Company receives complaints, requests from relevant agencies, or detects suspicious activity in the system, the Company reserves the right to take the following actions:- Right to Suspend Services: The Company has the right to cancel or suspend services to users temporarily or permanently immediately to conduct investigations, identify causes, or prevent damage to the public
- Investigation: During service suspension for investigation, the Company may need to access or inspect usage related to that cause to comply with Acceptable Use Policy (AUP) and legal requirements
- Liability: The Company will not be responsible for any damages (including data loss or business opportunities) arising from service suspension for investigation when reasonable suspicion is found
- Notification: The Company will notify users of the reasons for service suspension as appropriate, except in cases involving legal investigations that prohibit disclosure of information
11. Termination of Service
- By User: You may terminate billing immediately by "Delete/Destroy" Instance through the Dashboard
- By Company: The Company reserves the right to suspend or terminate services immediately if violations of Section 3 are found, without refund of remaining credits
12. Amendments to Terms and Conditions
- Right to Modify: The Company reserves the right to improve, modify, change, or cancel these Terms of Service and other related policies at any time as the Company deems appropriate without prior notice to users
- Effective Date: Changes will take effect immediately upon announcement on the Company's website or in the Control Panel. Continued use of services after changes constitutes acceptance and agreement to comply with the new modified terms
- User Responsibility: Users are responsible for regularly checking Terms of Service to be aware of possible changes
13. Intellectual Property Rights
- XVer retains all ownership rights, titles, and interests in our services and technology
- You may not copy, modify, distribute, or reverse engineer our services
- Our trademarks and brand elements may not be used without written authorization
- Open-source components remain under their respective licenses
14. Confidentiality
Both parties agree to maintain the confidentiality of specific information disclosed during the service period. This obligation continues for five years after the termination of these Terms.
15. Limitation of Liability
- Our services are provided "as is" without any warranties
- We disclaim all warranties, express or implied, including merchantability and fitness for purpose
- Our total liability will not exceed the amount you paid in the 12 months preceding the claim
- We are not liable for indirect, incidental, special, or consequential damages
- We are not responsible for data loss. You are responsible for maintaining backups
16. Indemnification
You agree to indemnify and defend XVer, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the services, violation of these Terms, or infringement of third-party rights.
17. Force Majeure
We are not responsible for failures or delays in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, sanctions, actions of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18. Governing Law
These Terms are governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Thailand.
19. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting updated Terms on our website with a revised effective date. Your continued use of the services after such changes constitutes acceptance of the updated Terms.
20. Severability
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, and the remaining provisions will remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and Data Protection Policy, constitute the entire agreement between you and XVer regarding the services and supersede all prior agreements, understandings, and representations.
22. Contact Information
For questions regarding these Terms, please contact us:
- Support: Through the platform on the XVer website
- Facebook: XVer