Terms of Use

1. Agreement and acceptance

These Terms of Use (“Terms”) are a binding agreement between you and Scalewithus (“Scalewithus”, “we”, “us”) governing access to and use of our websites, console, APIs, documentation, and virtual private server (“VPS”) and related hosting services (together, the “Services”). Our Privacy Policy is incorporated by reference.

You accept these Terms by doing any of the following: creating an account; clicking or checking an “I agree”, sign-up, or similar control; topping up a wallet; deploying or managing a VPS; or otherwise accessing or using the Services. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization. You remain jointly responsible for compliance.

Each wallet top-up, deploy, and continued use constitutes acceptance of the Terms then posted. It is your responsibility to review the Terms periodically.

2. Business use; eligibility; verification

• The Services are offered primarily for business and commercial use. If you are a consumer under mandatory law that cannot be waived, those non-waivable rights still apply, but all waivable protections in these Terms remain in force to the maximum extent permitted.
• You must be at least 18 years old (or the age of majority where you live).
• You must provide accurate registration, contact, and billing information and keep it updated.
• We may require identity, address, payment-method, or business verification (including KYC/AML checks) at any time, and may refuse, limit, or suspend accounts that fail verification, appear fraudulent, or present elevated abuse or credit risk.
• You may not create multiple accounts to evade suspensions, limits, promotions, verification, or billing rules, or to obtain duplicate credits.
• We may reject or cancel orders, deploys, or top-ups at our discretion, including for risk, capacity, or compliance reasons.

3. Nature of the Services; no reliance on marketing

Scalewithus provides KVM-based VPS hosting (primarily in India), a management console, networking, optional or plan-included backups where offered, and related tools. Features, locations, plans, capacity, and limits may change or be discontinued. We will try to give reasonable notice when practicable, but are not obligated to maintain any particular feature, location, or plan indefinitely.

Website copy, ads, blogs, FAQs, pricing blurbs, sales chats, emails, and social posts are general information only and do not form warranties, SLAs, or contractual commitments unless we expressly agree in a signed written instrument. Approximate statements — including deploy times (e.g. “~10 seconds”), performance, latency, “daily backups”, retention windows, or hardware descriptions — are estimates and may vary.

You acknowledge that you have not relied on any representation not expressly set out in these Terms (or a signed written agreement with us). Support or staff statements do not amend these Terms unless confirmed in a signed writing by an authorized representative.

Beta, preview, or experimental features are provided “as is,” may be withdrawn at any time, and may have reduced reliability and support.

4. Shared responsibility; your security obligations

We operate underlying host infrastructure and the control plane. You are solely responsible for your guest operating systems, applications, data, credentials, encryption, patching, firewalls, application security, access control, and compliance obligations for workloads you run.

• Safeguard passwords, passkeys, API tokens, SSH keys, recovery codes, and team access.
• You are responsible for all activity under your account, including by team members, contractors, and automation you authorize.
• Notify us promptly at contact@scalewithus.com if you suspect unauthorized access.
• Compromise of your VPS (botnet, crypto-miner, open relay, spam source, etc.) remains your responsibility and may result in suspension, whether or not caused by a third-party attacker.
• Console actions (power off, rebuild, reinstall, resize, destroy, detach disk, etc.) may be irreversible. You assume the risk of actions taken with your credentials.

5. Acceptable use

You may not use the Services to do any of the following, or to assist others in doing so:

• Violate applicable law, court orders, or the rights of others (including privacy and intellectual property).
• Host, distribute, or facilitate child sexual abuse material, non-consensual intimate imagery, or other illegal content.
• Distribute malware, ransomware, trojans, exploit kits, or phishing kits; operate command-and-control infrastructure.
• Conduct phishing, credential harvesting, carding, scam pages, or other fraud.
• Send unsolicited bulk email (spam), operate open SMTP relays, or run email infrastructure that causes our IPs to be blocklisted.
• Launch or participate in DDoS, flooding, packet amplification, port scanning of third-party networks, brute-force attacks, or unauthorized penetration testing (except against systems you own or have written permission to test).
• Interfere with the platform, hypervisors, shared storage, networking, or other customers’ services.
• Attempt unauthorized access to our systems, other accounts, or data that is not yours.
• Mine cryptocurrency or run similar high-intensity workloads in a way that harms infrastructure stability or other customers, unless your plan expressly permits it.
• Operate Tor exit nodes, open proxies, or anonymizing services that create material abuse risk, without our prior written approval.
• Use the Services for activities that create disproportionate abuse complaints, legal risk, or reputational harm to Scalewithus or our upstream providers.
• Resell, rebrand, or provide the Services as a managed hosting product to third parties without our prior written consent, unless your plan expressly allows it.

We may investigate suspected violations, cooperate with law enforcement and upstream providers, and take technical measures (including traffic filtering, null-routing, rate-limiting, forensic imaging, or forced shutdown) with or without prior notice when we reasonably believe action is needed. Our failure to enforce in one instance is not permission to violate these Terms.

6. Resource use and fair use

• CPU, RAM, disk, IOPS, and bandwidth are subject to plan limits and shared-infrastructure fair use.
• “Unlimited” or soft-cap marketing language, if ever used, does not permit sustained abuse that degrades the host or network for others.
• We may throttle, migrate, resize, isolate, or suspend workloads that create excessive load, noisy-neighbor impact, or network abuse.
• Bandwidth overages, if applicable, may be charged, throttled, or require upgrade.
• We may migrate your VPS between hosts for maintenance, capacity, or reliability reasons.

7. IP addresses, networking, and PTR

• IP addresses, VLANs, and related network resources are licensed for use with the Services only — they are not sold and create no property interest.
• We may reclaim, reassign, or change IP addresses for operational, abuse, or legal reasons, with notice when practicable.
• You must not announce, hijack, or misuse our IP space, ASNs, or routing.
• Reverse DNS / PTR changes, if offered, are at our discretion and may be refused.
• You are responsible for securing firewall rules, exposed ports, and applications.

8. Content, customer data, and legal process

You retain ownership of content and data you place on your VPS. You grant us a limited right to host, copy, back up, transmit, process, migrate, and disclose that data solely as needed to provide, secure, bill for, maintain, and legally operate the Services (including moving disks between hosts).

• You are solely responsible for the legality of your content and workloads and for notices to your end users.
• You must not store or process data in violation of export, sanctions, or data-protection laws that apply to you.
• We may access, preserve, or disclose account data and VPS content when we reasonably believe it is required by law, court order, urgent safety risk, or to protect the Services and other customers.
• We are not obligated to proactively monitor or review customer content, but may remove or disable access to content that we believe violates these Terms or law.
• We have no fiduciary, escrow, or custodial duty regarding your data beyond providing the Services under these Terms.

9. Intellectual property complaints

If you believe material hosted on the Services infringes your rights, contact contact@scalewithus.com with sufficient detail (your contact information, the work claimed, the location/URL or IP of the material, and a good-faith statement of your rights). We may remove or disable access to disputed material and terminate repeat infringers. We are not liable to you for good-faith removal or disabling in response to complaints or legal process.

10. Billing, wallet, chargebacks, and taxes

• Usage is typically billed on an hourly (or other published) basis against a prepaid wallet, unless we agree otherwise in a signed writing.
• Prices may change prospectively; the console and pricing pages control then-current rates. Past rates do not lock future pricing.
• You must maintain a sufficient wallet balance. We may suspend, power off, or permanently delete services when balance is insufficient or payment fails, with or without prior notice.
• Wallet credits, promotional credits, and unused balances are non-refundable, non-transferable, and have no cash value except where required by mandatory law or expressly stated by us in a signed writing.
• Initiating an unjustified chargeback, payment dispute, or payment reversal is a material breach and may result in immediate suspension, deletion of services, recovery of fees and collection costs, and reporting to payment partners or authorities.
• You authorize us to set off amounts you owe against wallet balances and to recover unpaid amounts, including reasonable collection costs where permitted by law.
• You are responsible for applicable taxes; we may collect tax where required.
• Our billing and metering records are conclusive evidence of usage and charges, absent manifest mathematical error that you prove.
• Any goodwill credit, courtesy refund, or service gesture is discretionary, creates no obligation or precedent, and is not an admission of liability.

11. Service availability — no SLA unless signed

We aim to keep the Services available and performant. Unless a separate written SLA is signed by both parties, we do not guarantee uninterrupted, timely, secure, or error-free operation, and no uptime percentage, latency target, deploy-time figure, or support response time creates an SLA, service credit, or damages claim.

Downtime or degradation may result from maintenance, host/node/hypervisor failure, storage or disk failure, software bugs, upgrades, migrations, capacity limits, upstream network or power events, DDoS, third-party outages, security incidents, or force majeure. Scheduled or emergency maintenance may occur with limited or no notice.

12. Infrastructure reality; backups; data loss — critical acknowledgments

You expressly acknowledge and accept the following:

• VPS instances commonly run on shared or dedicated hosts using local or networked storage. A single node, hypervisor, disk, SSD/NVMe, RAID/controller, switch, or storage system failure can cause partial or total loss of your instance and data, including data that has not been replicated off-host.
• We do not warrant that any host, storage array, or cluster is failure-proof, highly available, or geo-redundant unless a specific plan expressly states otherwise in the console at purchase time and is confirmed in a signed SLA.
• Where daily or other backups are offered or described as “included,” they are best-effort convenience features only — not a guarantee of successful backup jobs, restorability, integrity, encryption, off-site copy, RPO/RTO, or any retention period.
• Backup jobs may fail, skip, run late, be corrupted, be incomplete, be unrestorable, or be unavailable for technical, capacity, or operational reasons — including silently.
• We have no duty to monitor whether your backups succeeded, to notify you of backup failure, or to verify restoreability.
• You must maintain independent backups of all critical data on systems you control (or a third-party backup provider), test restores regularly, and design for host failure. If you do not, you assume the entire risk of data loss.
• We are not liable for data loss, corruption, incomplete restores, downtime, or business impact arising from (without limitation): host/node/hypervisor failure; disk, SSD, NVMe, or controller failure; storage corruption; RAID rebuild failure; power or cooling events; network partition; failed or incomplete migration/live migration; software or firmware bugs; ransomware or intrusion affecting your guest; backup failure or purge; deletion after suspension/termination/non-payment; or console/API actions (destroy, rebuild, reinstall, resize, etc.).
• Snapshot or restore assistance, if offered, may take time, may fail, and may incur fees. Paid recovery effort does not create a warranty of success.

Sole and exclusive remedy for dissatisfaction with durability, backups, or availability (to the extent any remedy exists) is to stop using the Services and close your account after settling amounts owed — not damages for lost data or business losses — except where mandatory law provides otherwise.

13. High-risk and regulated use

The Services are not designed for use where failure or data loss could result in death, personal injury, severe environmental damage, or critical infrastructure failure (including life-support, emergency services, aviation, nuclear, or similar). You must not use the Services for such purposes. You are solely responsible for compliance if you process regulated data (for example payment card, health, or government data) and for determining whether our platform is suitable.

14. Third-party software and images

Operating system images, ISOs, licenses, and applications you install remain subject to their own license terms. You are responsible for obtaining and complying with required licenses. We do not warrant third-party software and are not responsible for vulnerabilities, license fees, or audit exposure arising from software you choose to run.

15. Export controls and sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in a sanctioned territory, and are not a denied or restricted party under applicable export control or sanctions laws (including those of India, the United States, the United Kingdom, or the European Union, as applicable). You will not use the Services for prohibited end uses. We may suspend or terminate Services to comply with sanctions or export rules without liability for resulting data loss or downtime.

16. Intellectual property of Scalewithus

The Scalewithus name, logos, console software, APIs, documentation, and branding remain our property or that of our licensors. You receive only a limited, revocable, non-exclusive, non-transferable right to use the Services as intended. You may not copy, scrape at scale, reverse engineer (except to the limited extent law forbids this restriction), create competing services using our non-public materials, or remove proprietary notices.

17. Suspension, termination, and data deletion

You may stop using the Services and request account closure after settling outstanding charges. We may suspend or terminate immediately (with or without prior notice) for Terms violations, non-payment, failed verification, legal requirements, abuse reports, security risk, capacity constraints, or risk to the platform or third parties.

• During suspension, your VPS may be powered off, network-isolated, or inaccessible; charges may continue to accrue unless we state otherwise.
• After termination, prolonged non-payment, or abuse, we may permanently delete disks, backups, snapshots, IPs, and account data without further notice or liability.
• We are not required to export, retain, or return your data after suspension or termination, except where mandatory law requires or we agree in a signed writing (which may be fee-based and time-limited).
• We may refuse to reactivate accounts involved in abuse, chargebacks, or fraud.
• Survival: Sections concerning ownership, licenses granted to us for operation, billing, acceptable use enforcement, IP, disclaimers, limitation of liability, indemnity, force majeure, claim limits, governing law, and general provisions survive termination.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DURABILITY, DATA INTEGRITY, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL BE PRESERVED.

You assume all risk for results obtained from use of the Services, including suitability for production, regulated, or mission-critical workloads.

19. Limitation of liability (read carefully)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALEWITHUS AND ITS AFFILIATES, SUPPLIERS, LICENSORS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR COVER; OR FOR COST OF SUBSTITUTE SERVICES; OR FOR BUSINESS INTERRUPTION — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — EVEN IF ADVISED OF THE POSSIBILITY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR DAMAGES ARISING FROM OR RELATED TO: (A) DATA LOSS, CORRUPTION, OR UNRESTORABLE BACKUPS; (B) HOST, NODE, HYPERVISOR, DISK, SSD/NVME, RAID, CONTROLLER, OR STORAGE FAILURE; (C) MIGRATION OR MAINTENANCE EVENTS; (D) SECURITY BREACHES OF YOUR VPS OR APPLICATIONS; (E) THIRD-PARTY ACTIONS (INCLUDING DDOS OR HACKING); (F) UPSTREAM NETWORK, POWER, OR COOLING FAILURE; (G) YOUR MISCONFIGURATION OR FAILURE TO MAINTAIN INDEPENDENT BACKUPS; (H) SUSPENSION, TERMINATION, OR DELETION UNDER THESE TERMS; OR (I) FORCE MAJEURE — INCLUDING WHERE CAUSED IN WHOLE OR IN PART BY OUR ORDINARY NEGLIGENCE, TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE — WILL NOT EXCEED THE TOTAL AMOUNTS YOU ACTUALLY PAID TO SCALEWITHUS FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. IF YOU HAVE PAID NOTHING IN THAT PERIOD, OUR AGGREGATE LIABILITY IS LIMITED TO INR 1,000 (ONE THOUSAND INDIAN RUPEES). MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.

These limitations allocate risk between the parties and are a fundamental basis of the bargain; fees reflect this allocation. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum extent permitted. Nothing excludes liability that cannot be excluded under applicable law (for example, fraud or willful misconduct where non-excludable).

20. Indemnity

You will defend, indemnify, and hold harmless Scalewithus and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your content, applications, or VPS workloads;
• your use or misuse of the Services;
• your breach of these Terms or applicable law;
• alleged infringement or violation of third-party rights by your content or services;
• abuse complaints, blocklisting, or regulatory inquiries caused by your activity;
• claims by your end users, customers, or persons who access systems you host;
• your failure to maintain independent backups or to test restores.

We may assume exclusive defense of any matter subject to indemnity; you will cooperate and will not settle a claim that imposes obligation on us without our prior written consent.

21. Force majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government action, epidemic, power or cooling failure, fiber cuts, upstream ISP or transit failure, DDoS at scale, cyberattacks on infrastructure, supply shortages, or failure of third-party hosting, transit, or hardware vendors. Host hardware failure may occur in ordinary operations; Section 12 and 19 apply whether or not an event is labeled force majeure.

22. Claim time limit; injunctive relief

To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within twelve (12) months after the cause of action accrues, or be permanently barred. This does not shorten any non-waivable statutory period.

We may seek injunctive or other equitable relief for abuse, IP infringement, or security threats without posting a bond to the extent permitted by law.

23. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to any mandatory consumer protections that cannot be waived, the competent courts in India at the location of Scalewithus’s principal place of business shall have exclusive jurisdiction over disputes arising from these Terms or the Services, and you consent to that venue.

Before filing a formal claim, you agree to contact us at contact@scalewithus.com and attempt good-faith resolution for at least thirty (30) days (except for requests for injunctive relief or claims involving abuse, non-payment, or intellectual property).

24. Electronic communications

You consent to receive agreements, notices, disclosures, and other communications electronically (email to your account address, console messages, or website posting). Such communications satisfy any legal requirement that they be in writing.

25. General

• Entire agreement. These Terms and policies referenced herein are the entire agreement regarding the Services and supersede all prior or contemporaneous proposals, quotes, chats, and understandings. No purchase order or customer terms apply unless we sign them.
• No oral modification. These Terms may be modified only as described in Section 26 or by a signed writing from both parties. Support tickets, chat, or phone calls do not amend them.
• Severability; blue pencil. If any provision is unenforceable, the remainder stays in effect; the unenforceable provision will be modified to the minimum extent needed to be enforceable while preserving intent (including liability caps).
• Waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing to be effective and apply only to the specific instance.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them freely, including in a merger, acquisition, corporate reorganization, or sale of assets. These Terms bind permitted successors.
• No third-party beneficiaries. Except for indemnified persons under Section 20, these Terms create no third-party rights. Your end users have no direct claim against us.
• Notices. We may notify you via account email, console message, or website posting. Notices to us must go to contact@scalewithus.com.
• Relationship. Nothing creates a partnership, joint venture, employment, or agency relationship.
• Order of precedence. A signed written agreement between you and us controls over these Terms only for the specific conflict it addresses.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
• Language. The English version controls.
• Cumulative rights. Our rights and remedies are cumulative.

26. Changes

We may update these Terms from time to time by posting a revised version. The “Last updated” date will change when we do. Material changes may also be communicated by email or console notice when practicable. Changes apply prospectively. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and close your account before the changes take effect; continued use after that date is acceptance.

27. Contact

Scalewithus
Email: contact@scalewithus.com
Phone: +91 8878870188
Web: Contact page