Terms of Service

1. Services Offered

ObsidianX Technologies provides the following infrastructure and technology services:

• Cloud VPS (KVM): KVM-based Virtual Private Servers with dedicated vCPU cores, RAM, NVMe SSD storage, and a public IPv4 address. Available in 4 tiers: KVM 1 (2 vCPU / 2GB RAM / 40GB NVMe), KVM 2 (2 vCPU / 4GB RAM / 80GB NVMe), KVM 4 (4 vCPU / 8GB RAM / 160GB NVMe), and KVM 8 (8 vCPU / 16GB RAM / 300GB NVMe). All prices include 18% GST.
• Shared Web Hosting: Managed cPanel/DirectAdmin-based web hosting with shared server resources, databases, email accounts, and one-click app installers. Available in Starter, Business, and Pro tiers.
• Custom Website Builds: Professional website design and engineering services including landing pages, e-commerce stores, corporate portals, and custom web applications. Project scope and pricing are defined per engagement.

2. Service Level Agreement (SLA)

• ObsidianX guarantees a 99.9% network uptime SLA for all deployed Cloud VPS instances hosted in the ObsidianX Mumbai Data Center Facility (IN-MB1).
• SLA credits are applicable only for unscheduled infrastructure downtime exceeding the guaranteed SLA boundary within a single calendar month.
• The SLA does not apply to: scheduled maintenance windows (notified 48 hours in advance via email), downtime caused by actions within your VPS instance (OS crashes, misconfigured applications, kernel panics), force majeure events (natural disasters, ISP outages, government-imposed network restrictions), or DDoS attacks targeting your instance IP.
• SLA credit claims must be submitted within 7 days of the incident to obsidianx.online@gmail.com with supporting evidence. Approved credits are applied to your account wallet, not refunded as cash.

3. Billing & Subscription Cycles

• Cloud VPS and Shared Hosting plans are billed on a recurring Monthly, 1-Year, or 2-Year cycle as selected at checkout.
• Annual and 2-Year plans are offered at a discounted rate (save 20% on 1-Year, save 33% on 2-Year) compared to the equivalent Monthly billing total.
• All prices displayed on our website are inclusive of 18% GST. A GST-compliant tax invoice is automatically generated and emailed to you on every successful payment.
• Payment is processed via Razorpay. We accept UPI, credit/debit cards, net banking, and digital wallets. Payments are non-deferrable — instances are provisioned or renewed only after confirmed payment.
• Subscriptions are not auto-renewed by default. You will receive email reminders at T-7 days and T-3 days before your instance expires, prompting you to renew.

4. Instance Lifecycle & Expiry Policy

• T-7 Days: First renewal reminder email sent to your registered email address.
• T-3 Days: Final renewal reminder email sent. No data has been affected at this stage.
• T+0 Days (Expiry): Your VPS instance is gracefully stopped. Your data remains intact on disk but the server is no longer accessible via SSH or public network.
• T+7 Days (Deletion): If no renewal is made within 7 days of expiry, your instance and all associated NVMe data are permanently and irrecoverably deleted. We are unable to restore data after this point.
• If you renew between T+0 and T+7 days, your instance will be restarted and the subscription cycle will be extended from the original expiry date (not the renewal date).
• It is your sole responsibility to back up your data before your instance expires. ObsidianX does not provide automatic data recovery for expired instances.

5. Refund & Cancellation Policy

• All payments are non-refundable once a Cloud VPS instance has been provisioned and SSH access credentials have been delivered to you.
• Exception: If your VPS instance fails to provision successfully due to an error on our side within 24 hours of payment, a full refund will be issued to the original payment method within 5–7 business days.
• You may cancel your subscription at any time from the client dashboard. Cancellation prevents future billing cycles but does not entitle you to a pro-rated refund for the remaining period of your current cycle.
• For Shared Hosting plans, a 7-day money-back guarantee applies if no content has been deployed to your hosting account. Requests must be submitted within 7 days of purchase.
• Custom Website Build projects: a partial refund may be issued for work not yet commenced, at ObsidianX's discretion, based on the project milestone agreement.
• Refund requests must be submitted via email to obsidianx.online@gmail.com with your Order ID and registered email address. Approved refunds are processed within 5–7 business days.

6. Account & Root Access Responsibilities

• You are solely responsible for maintaining the security of your ObsidianX account credentials (email/password, Google OAuth, and SSH private key).
• Upon provisioning, a 4096-bit RSA SSH private key is generated and delivered to you. This key provides root access to your VPS instance. You are responsible for keeping it secure, rotating it periodically, and not sharing it with unauthorized individuals.
• You are responsible for all actions performed from within your VPS instance, including OS-level configuration, firewall rules, application security, and data backups.
• ObsidianX will never ask you for your account password, SSH private key, or payment credentials via email, chat, or phone. Treat any such requests as phishing attempts.
• If you suspect unauthorized access to your account or VPS instance, change your password immediately and contact us at obsidianx.online@gmail.com.

7. Acceptable Use Policy (AUP)

By using any ObsidianX service, you agree that your instance, hosting account, or website will NOT be used for:

• Launching, facilitating, or participating in DDoS (Distributed Denial of Service) attacks or network flooding against any target.
• Hosting, distributing, or operating malware, ransomware, spyware, botnet command-and-control infrastructure, or phishing pages.
• Unauthorized port scanning, network reconnaissance, or penetration testing against third-party systems without written consent from the target.
• Sending unsolicited commercial email (spam), email bombing, or operating open mail relays.
• Mining cryptocurrency in a manner that constitutes excessive resource abuse beyond your allocated plan specs.
• Hosting, distributing, or transmitting child sexual abuse material (CSAM) or any content illegal under Indian law (IT Act, 2000) or international jurisdiction.
• Operating services that infringe upon intellectual property rights, copyrights, trademarks, or trade secrets.
• Any activity that would expose ObsidianX or its upstream providers to legal liability.

Enforcement: Violations of the AUP will result in immediate suspension or termination of the offending instance without refund. We cooperate fully with law enforcement investigations. Repeat violators are permanently banned from our platform.

8. Service Modifications & Maintenance

• ObsidianX reserves the right to perform scheduled maintenance on its infrastructure. We will provide a minimum of 48 hours advance notice via email before planned downtime.
• We reserve the right to modify, update, or discontinue any service at any time, with reasonable notice to affected customers. If a service is discontinued, affected customers will receive a pro-rated refund for the unused portion of their subscription.
• We may update pricing for new subscriptions at any time. Existing subscribers will be notified of pricing changes at least 30 days in advance and will be billed at their original rate until their current subscription cycle ends.

9. Intellectual Property

• The ObsidianX brand, logo, website design, platform software, documentation, and marketing materials are the exclusive intellectual property of ObsidianX Technologies. You may not reproduce, copy, or redistribute them without written permission.
• For Custom Website Build projects, upon final payment, the client receives full ownership of the delivered website design and source code. ObsidianX retains the right to display the project in our portfolio unless the client requests confidentiality in writing.
• Content you store on your VPS instance or hosting account remains entirely your intellectual property. ObsidianX does not claim any rights over your data.

10. Limitation of Liability

• ObsidianX's maximum aggregate liability to you for any claims arising out of or related to our services shall not exceed the total amount paid by you to ObsidianX in the 3 months preceding the claim.
• ObsidianX is not liable for: loss of data resulting from your failure to back up data before instance expiry; indirect, consequential, incidental, or punitive damages; loss of revenue, profits, or business opportunity arising from service interruption; actions of third-party service providers (Razorpay, AWS, Google).
• We strongly recommend maintaining independent off-site backups of all critical data at all times, regardless of our infrastructure uptime guarantees.

11. Governing Law & Dispute Resolution

• These Terms of Service are governed by and construed in accordance with the laws of India, including the Information Technology Act (2000), the Consumer Protection Act (2019), and applicable GST regulations (CGST Act, 2017).
• Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.
• Before initiating legal proceedings, you agree to first contact us at obsidianx.online@gmail.com to attempt resolution in good faith within 30 days.

12. Contact Us

For questions about these Terms, billing disputes, SLA claims, or to report AUP violations: