Terms of Service

Effective Date: January 1, 2024
Last Updated: January 1, 2024

These Terms of Service ("Terms") govern your use of the FreeState Terraform backend hosting service ("Service") provided by FreeState, Inc. ("FreeState," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you and FreeState. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

FreeState provides a cloud-based Terraform backend hosting service that allows users to:

• Store and manage Terraform state files securely
• Implement state locking mechanisms
• Collaborate with team members on infrastructure projects
• Access audit logs and usage analytics
• Integrate with CI/CD pipelines and automation tools

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, though we will make reasonable efforts to provide advance notice of material changes.

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Responsibilities

• You must be at least 18 years old to create an account
• You must provide accurate, current, and complete information
• You must promptly update account information when it changes
• You must not share your account credentials with others
• You must notify us immediately of any unauthorized account access

3.3 Account Termination

You may terminate your account at any time through our dashboard or by contacting support. We may suspend or terminate your account if you violate these Terms or engage in prohibited activities.

4. Acceptable Use

4.1 Permitted Uses

You may use our Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Storing and managing legitimate Terraform state files
• Collaborating with authorized team members
• Integrating with approved automation tools
• Accessing provided APIs and interfaces

4.2 Prohibited Uses

You may not use our Service to:

• Store, transmit, or process illegal, harmful, or malicious content
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or other users' data
• Interfere with or disrupt our Service or infrastructure
• Use automated tools to access our Service beyond normal API usage
• Reverse engineer, decompile, or attempt to extract source code
• Use our Service to compete with us or develop competing services
• Store or process personal data of EU residents without proper legal basis

5. Subscription Plans and Billing

5.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Plan details, including pricing and features, are available on our website and may be updated periodically.

5.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• You must provide valid payment information and authorize charges
• Payments are non-refundable except as specifically stated in these Terms
• We may change pricing with 30 days' advance notice
• Overages beyond plan limits may result in additional charges

5.3 Free Tier

Our free tier is provided subject to usage limits and may be modified or discontinued at any time. Free tier users are not entitled to the same level of support as paid subscribers.

6. Data and Content

6.1 Your Data

You retain ownership of all data you submit to our Service, including Terraform state files and configuration data ("Your Data"). You grant us a limited license to use Your Data solely to provide and improve our Service.

6.2 Data Security

We implement industry-standard security measures to protect Your Data, including:

• Encryption in transit and at rest
• Access controls and authentication
• Regular security audits and monitoring
• Backup and disaster recovery procedures

6.3 Data Backup and Recovery

While we maintain backups of Your Data, you are responsible for maintaining your own backups. We provide tools to export Your Data, and we recommend regular backups of critical state files.

6.4 Data Processing

We may process Your Data to:

• Provide and maintain our Service
• Monitor service performance and reliability
• Provide customer support
• Comply with legal obligations

7. Privacy and Confidentiality

Our collection and use of personal information is governed by our Privacy Policy. We treat Your Data as confidential and will not access or disclose it except:

• As necessary to provide our Service
• As required by law or legal process
• To protect our rights or the safety of others
• With your explicit consent

8. Intellectual Property

8.1 Our Rights

FreeState retains all rights, title, and interest in our Service, including all intellectual property rights. This includes our software, documentation, trademarks, and proprietary technologies.

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Service in accordance with these Terms. This license terminates when your subscription ends or your account is terminated.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about our Service become our property and may be used without restriction or compensation.

9. Service Level Agreement

9.1 Availability

We strive to maintain high service availability and performance. Our current service level commitments are:

• Free Tier: Best effort, no SLA
• Pro Tier: 99.5% monthly uptime
• Enterprise Tier: 99.9% monthly uptime

9.2 Planned Maintenance

We may perform planned maintenance that temporarily affects service availability. We will provide advance notice of planned maintenance when possible.

9.3 Service Credits

For paid subscribers, if we fail to meet our uptime commitments, you may be eligible for service credits. Details are available in our Service Level Agreement document.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESTATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO FREESTATE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Disclaimers

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• SECURITY, ACCURACY, OR ERROR-FREE OPERATION
• UNINTERRUPTED OR VIRUS-FREE SERVICE

12. Indemnification

You agree to indemnify and hold harmless FreeState from any claims, damages, losses, or expenses arising out of:

• Your use of our Service in violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of third-party rights
• Your Data or content submitted to our Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription through our dashboard or contacting support. Termination will be effective at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your account poses a security risk
• You fail to pay subscription fees
• You engage in fraudulent or illegal activities

13.3 Effects of Termination

Upon termination:

• Your access to our Service will be suspended
• We will provide a reasonable period to export Your Data
• We may delete Your Data after the retention period
• All outstanding fees become immediately due

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action or collective proceeding.

15. General Provisions

15.1 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or in-service notifications. Your continued use of our Service constitutes acceptance of modified Terms.

15.2 Severability

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

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and FreeState regarding our Service.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact Information

If you have questions about these Terms, please contact us: