Terms of Service

1. Agreement and parties

These Terms of Service ("Terms") form a binding agreement between you and Semaphore Technosoft LLP ("Semaphore Cloud", "we", "us", or "our"), a limited liability partnership organised under the laws of India, with its place of business in Surat, Gujarat, India.

By placing an order, creating an account, paying an invoice, or using our websites, control panel, APIs, or hosting services, you accept these Terms and the policies linked from them (including our Privacy Policy and SLA). If you act for a company, you confirm you have authority to bind that company.

Individual written agreements (including order forms or quotes signed by both parties) prevail over these Terms where they conflict on a specific point. Your own purchase terms do not apply unless we expressly accept them in writing.

Contact: support@semaphorecloud.com · +91 9712360303

2. Services we provide

We offer cloud infrastructure products such as Falcon (VPS), Panther (VPS Plus), Phoenix (Storage VPS), Titan (VDS), and related options (regions, add-ons, panels, and licensed software where listed). The features, limits, and fees for each order are those shown at checkout, in a quote, or in your control panel.

You choose a region from those we offer. Capacity may be delivered using our own systems and/or upstream infrastructure partners. Your contract for purchase and support remains with Semaphore Technosoft LLP; partners process technical and account data as needed to run the underlying servers.

We may improve or adjust platforms for security, law, or technology, provided the change does not materially reduce the core capacity you purchased for the then-current paid term without notice or an appropriate remedy. Free or promotional extras may be changed or withdrawn with reasonable notice and create no ongoing entitlement.

Support covers the infrastructure and features we sell. We do not provide free application development, end-user support for your customers, or unlimited consulting unless separately purchased.

3. Account, accuracy, and eligibility

You must provide accurate registration and billing details (name, address, email, phone, and GSTIN or other tax IDs where applicable) and keep them current. We may request identity or business verification before or during service.

You are responsible for safeguarding credentials, API keys, and MFA devices, and for all activity under your account. Notify us promptly at support@semaphorecloud.com if you suspect unauthorised access.

We may decline or end service where required by sanctions, export, or anti-abuse rules, or where we reasonably believe the customer is located in or routing service for sanctioned territories. We may update that list as law and risk change and will notify affected customers where practicable.

4. Orders and contract formation

Submitting an order (online, via calculator-assisted sales, or written quote) is an offer to buy. A contract is formed when we accept by confirming the order, sending access credentials, or provisioning the service — whichever occurs first. An automated "we received your request" message alone is not acceptance.

These Terms are in English. Where a translation is provided for convenience, the English text controls if there is a conflict.

5. Customer responsibilities

You must:

• Use services only for lawful purposes and comply with Indian law (including the Information Technology Act, 2000) and the laws of any country where you or your end users operate
• Secure your servers, applications, and data; install patches; and configure services responsibly
• Keep your own backups of content and configurations (see Section 10)
• Cooperate reasonably when migrations, IP changes, or maintenance require your action
• Ensure content you host does not infringe third-party rights or applicable criminal or civil law

For root-access products, you administer the guest operating system. We do not hold your root password and are not responsible for misconfiguration inside your instance.

6. Acceptable use

You must not use the services for, among other things:

• Spam, phishing, or unsolicited bulk messaging
• Distributing malware, operating botnets, or attacking other networks (including DDoS)
• Hosting or facilitating illegal content, child sexual abuse material, or content that incites violence or hatred
• Cryptocurrency mining or similar high-intensity compute without our prior written approval
• Open proxies, anonymising exit nodes, or similar services used primarily for abuse
• Activities that overload shared infrastructure or degrade other customers' service

We may investigate reports of abuse, ask you to remediate within a set time, and suspend or remove content or instances where required by law, court order, or clear risk of serious harm. Fees remain payable during justified suspension caused by your breach.

7. Fees, taxes, and payment

Prices are as listed at order time for the selected term (for example monthly, 12-month, or 24-month). Longer terms may include discounts. Currency (INR or USD, where offered) is selected at order and generally cannot be changed mid-term.

Fees are typically due in advance for the billing period. Payment methods may include cards, UPI, net banking, or other options we enable through partners such as Razorpay and/or Stripe. GST and other applicable Indian taxes are added where required.

Unpaid invoices may lead to suspension after notice. If amounts remain unpaid, we may terminate the service and delete data after a further grace period. Reactivation may require payment of arrears and a reasonable reactivation fee. Chargebacks or failed payments caused by you may incur recovery of our direct bank or processor costs.

We may revise list prices for renewals or new orders. For an active term, material price increases require your acceptance or the right to cancel before the new price applies, except for mandatory tax-rate changes which may be passed through.

All products are paid offerings. We do not provide free trial credits unless a separate written promotion expressly says so.

8. Term, renewal, and cancellation

The initial term is the period you select at purchase (or stated on the invoice). Unless cancelled with the notice we publish in the control panel or invoice (commonly at least several days before renewal), prepaid terms may renew for an equal period at then-current rates.

You may cancel via the control panel or by emailing support@semaphorecloud.com from your registered address. Either party may terminate immediately for material breach that is not cured within a reasonable notice period, or immediately for serious abuse, sanctions issues, or non-payment after suspension.

On termination you must export your data before deletion. We securely delete instance data within a reasonable period after termination (typically within 30 days), except records we must keep for tax, accounting, or legal holds.

If you are a consumer under the Consumer Protection Act, 2019, mandatory consumer rights that cannot be waived by contract remain available to you.

9. Service levels

We target high monthly availability for paid Falcon, Panther, Phoenix, and Titan plans. Service credits for covered platform downtime are summarised below; full definitions, exclusions, and claim steps are in the SLA. Credits are the sole remedy for covered downtime.

Bandwidth is provided according to plan and fair-use network policies. We do not guarantee a constant maximum for every second under all traffic patterns. Software compatibility for every application stack is not warranted.

10. Data, backups, and privacy

You own your content. You grant us only the rights needed to host, back up (where purchased), migrate, and secure the service. Platform redundancy is not a substitute for your own backup strategy. Automated snapshots or backups, where offered, are optional aids and may have retention limits.

Personal data is handled as described in our Privacy Policy. For personal data of your end users that you process on our servers, you are typically the data fiduciary / controller; we process that content to provide the service. A data processing addendum may be available on request for enterprise customers.

11. Intellectual property and software licences

Our websites, branding, documentation, APIs, and control panel remain our property. You receive a limited, non-exclusive, non-transferable right to use them only to consume the services during the paid term.

Third-party or open-source software included with images or add-ons is subject to its own licence terms. Microsoft products (where ordered) are provided under Microsoft's applicable service-provider and end-user terms; you must comply with those restrictions. Wrongful use of licensed software is your responsibility.

12. Indemnity

You will defend and indemnify Semaphore Technosoft LLP and its partners against claims, losses, and reasonable costs arising from your content, your end users, your breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our wilful misconduct.

13. Liability and force majeure

Nothing in these Terms excludes liability that cannot be limited under Indian law (including fraud or wilful misconduct). Subject to that, our total aggregate liability arising out of or related to these Terms or the services is limited to the fees you paid us for the affected services in the twelve (12) months before the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility, except where Indian law forbids such exclusion.

We are not liable for delays or failures caused by events beyond reasonable control (including natural disasters, war, terrorism, epidemics, labour disputes, widespread internet failures, or upstream provider outages outside our control). Obligations are suspended for the duration of such events; either party may terminate if the event continues beyond ninety (90) days.

14. Changes to these Terms

We may update these Terms for legal, security, or product reasons. We will post the new version on this page and, for material changes affecting existing customers, give at least thirty (30) days' notice by email to the primary account contact where practicable. Continued use after the effective date constitutes acceptance, except where mandatory law requires a different process.

15. Governing law and disputes

These Terms are governed by the laws of India. Subject to mandatory consumer protections, courts at Surat, Gujarat, India have exclusive jurisdiction over disputes arising from these Terms or the services. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Notices may be sent electronically to your registered email address. You may not assign the agreement without our consent; we may assign to an affiliate or successor. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a right is not a waiver.

16. Contact

Semaphore Technosoft LLP
Surat, Gujarat, India
Email: support@semaphorecloud.com
Phone: +91 9712360303

We are happy to clarify commercial or legal points before you order.