Algemene voorwaarden

1Who we are, and definitions

Provibr is operated by FullStack Studio, registered in the Netherlands (Chamber of Commerce no. 42097493) — "we", "us", "FullStack Studio". You can reach us at info@provibr.com.

• "Service": the Provibr platform — the panel at app.provibr.com, the website at provibr.com, the platform behind them, and the Provibr agent software.
• "Agent": the software component you install on your own infrastructure, which connects outbound to the platform.
• "Customer", "you": the business on whose behalf an account is created.
• "Account" (called an "organization" in places): the unit in the Service that holds your subscription, members, and inventory.
• "Your infrastructure": the servers, hypervisors, panels, network equipment, and other systems that you own or operate and connect to the Service.

2Applicability — business customers only

1. 2.1These terms apply to every offer, agreement, and use of the Service. Any purchasing or other general terms of yours are expressly rejected and do not apply, even if referred to in your orders or correspondence.
2. 2.2The Service is offered to businesses only. By creating an account you declare that you act in the course of a business or profession, and that you are authorized to bind that business. The Service is not offered to consumers, and consumer-protection rules (including any right of withdrawal) do not apply.
3. 2.3If any provision of these terms turns out to be invalid or unenforceable, the rest remains in force, and the invalid provision is replaced by a valid one that comes closest to its intent.

3Your account

1. 3.1You provide accurate information at registration and keep it accurate.
2. 3.2You are responsible for everything done through your account — by you, by members you invite, by resellers you configure, and by anyone using credentials issued under your account. Keep passwords, two-factor devices, and passkeys safe; an action performed through your account counts as your action.
3. 3.3Roles, permissions, and reseller limits inside your account are configuration you control. We are not a party to arrangements between you and your members, resellers, or end customers.

4The Service — early access, no availability guarantee

1. 4.1The Service is provided as is and as available. We do not guarantee uptime, availability, error-free operation, or fitness for any particular purpose, and we make no service level commitment of any kind.
2. 4.2Provibr is in early access. Features may change, be reworked, or be removed. Items described as planned, roadmap, or coming soon are not part of what you buy; nothing outside the Service as it exists today is owed to you.
3. 4.3We may perform maintenance at any time, announced or not, and maintenance may make the Service temporarily unavailable.
4. 4.4We may change the Service, provided it keeps doing, in essence, what it is for: managing your infrastructure through a panel and an agent.

5The agent and your infrastructure

1. 5.1You install and run the agent on your own systems, at your own risk. The agent connects outbound only; you decide where it runs and what infrastructure you connect.
2. 5.2The Service is a management tool. It does what you tell it to. Commands you (or your members or resellers) issue — creating, stopping, reinstalling, or deleting servers, changing firewalls, running scripts, reinstalling machines over the network — are executed against your infrastructure as instructed. You are solely responsible for the commands issued through your account and for their consequences, including data loss on your own systems.
3. 5.3You are solely responsible for your infrastructure: its lawful operation, its licensing (hypervisors, operating systems, panels), its security, its capacity, and everything you or your end customers run on it.
4. 5.4We do not back up your infrastructure. We back up our own platform data (your account, billing records, audit log); your machines, their disks, and their workloads are yours to back up.
5. 5.5Credentials for your infrastructure are stored encrypted on your own agent host, as described in the Privacy Statement. You are responsible for the accuracy and the scope of the credentials you supply.
6. 5.6The agent is licensed per account with a license file we issue. We may revoke an agent's license — for instance when you revoke it in the panel, or on termination — after which the agent wipes its own identity and credential vault.

6Acceptable use

1. 6.1You use the Service lawfully. You do not use it to host, run, or facilitate anything illegal, and you remain responsible for what your end customers do on infrastructure managed through the Service.
2. 6.2You do not: attack, probe, or overload the Service; attempt to access other customers' data; reverse engineer, copy, or redistribute the platform or the agent except where mandatory law allows; circumvent or attempt to circumvent licensing, capacity limits, metering, or enforcement.
3. 6.3We may suspend or restrict your access, or refuse specific commands, immediately and without prior notice if we reasonably believe your use violates these terms, harms the Service or other customers, or exposes us to legal risk. We will tell you what happened and why, where the law and the circumstances allow.

7Fees and payment

1. 7.1You pay a monthly fee based on the capacity you configure (per resource type) at the tier prices shown in the panel. Capacity zero costs zero. All amounts are exclusive of VAT unless stated otherwise.
2. 7.2Every new account starts with a 14-day trial: full functionality, no payment details required, and nothing is charged when it ends — the Service simply restricts what you can start until a payment method is in place.
3. 7.3Payment runs through our payment provider (Stripe), monthly in advance. Your first payment settles the first month and establishes a mandate for automatic collection of the months after it.
4. 7.4Capacity changes: a change takes effect immediately and is prorated over the remainder of the current period: an increase is charged and a decrease is credited on your next invoice. The tier prices shown in the panel apply from the moment of the change. There are no cash refunds; a decrease becomes account credit toward the periods after it.
5. 7.5Non-payment: if a periodic payment fails or is missing, your subscription becomes overdue at the end of the paid period. If it is still unpaid roughly seven days later, your account enters a grace state with warnings in the panel; roughly fourteen days after the period ended, your servers are suspended (stopped — their disks and data remain). Each step is announced in the panel before it happens. Suspension does not release you from the obligation to pay, and nothing is restarted automatically once you pay: you start your own machines.
6. 7.6Capacity enforcement: if you run more resources than your capacity or package allows, we may — after a grace period announced in the panel (normally one working day; one hour for a repeated overage within seven days) — suspend the newest resources over the limit. Suspended resources keep their disks and data.
7. 7.7Objections to an invoice or proforma must reach us within thirty days of its date; after that, it counts as accepted. An objection does not suspend your payment obligation.

8Credit

1. 8.1You may prepay by topping up account credit. Credit is a prepayment for use of the Service and nothing else: it can only be consumed against your monthly amounts.
2. 8.2A monthly amount is settled from credit only when the balance covers it in full; otherwise the full amount is collected from your payment method and the balance is left untouched.
3. 8.3Credit is non-refundable. It is not redeemable for money, not transferable, and any remaining balance lapses when the agreement ends, without compensation.
4. 8.4The credit ledger in the panel is the authoritative record of your balance. Entries are never edited; corrections are made as new, opposite entries with a reason.

9Price changes

We may change our prices and tiers. A change is announced in the panel and/or by email before it applies, and takes effect from your next billing period. You always see the new amount before it is charged. If you do not agree, you can end the agreement effective at the end of your current period (section 11); continuing into the next period counts as acceptance.

10Support — best effort, no guarantees

1. 10.1Support covers the Service itself. We do not administer, troubleshoot, or manage your hypervisors, your guests, your panels, or your network. Documentation and the website are the pre-sales resources; support starts once you are a customer, through the ticket system in the panel.
2. 10.2Support levels follow from how many servers you manage through the platform and describe how we prioritise tickets. They are not a service level agreement.
3. 10.3All response times shown anywhere in the Service or on the website — including per-ticket "first reply" targets in the panel — are indicative aims, not commitments. We do not guarantee any response time, resolution time, or resolution at all. Concrete response obligations exist only if agreed separately, in writing, and signed by us.
4. 10.4Support is provided on working days during Dutch office hours (Monday to Friday, 09:00–17:00, Europe/Amsterdam), excluding public holidays, in English or Dutch.

11Term and termination

1. 11.1The agreement runs per monthly billing period and renews automatically.
2. 11.2You can end it at any time, effective at the end of the period already paid for, by either setting your capacity to zero in the panel (a zero-capacity subscription is charged nothing) or giving notice by email to info@provibr.com. Amounts already paid or owed for the running period are not refunded.
3. 11.3We can end it with thirty days' notice to the email address on your account. We can end or suspend it immediately if you materially breach these terms, if payment remains outstanding after the process in section 7.5, if your use creates a security or legal risk, or if you enter bankruptcy, suspension of payments, or liquidation.
4. 11.4When the agreement ends: your access ends; agent licenses are revoked and revoked agents wipe their local identity and credential vault; any credit balance lapses (section 8.3); and amounts owed remain owed. Export what you need before the end — proformas, invoices, and your records are available in the panel while the agreement runs. After termination we retain and delete data as described in the Privacy Statement (financial records are kept for the legally required seven years).
5. 11.5Sections that by their nature survive — including payment obligations, liability, indemnification, and intellectual property — survive termination.

12Liability and indemnification

1. 12.1Our total liability, per event and per contract year, is limited to the fees you paid for the Service in the three months preceding the event that gave rise to the liability. A series of connected events counts as one event.
2. 12.2We are not liable for indirect or consequential damage of any kind, including lost profit, lost revenue, lost savings, business interruption, reputational damage, loss or corruption of data on your infrastructure, claims from your end customers, or the consequences of commands issued through your account (section 5.2).
3. 12.3Nothing in these terms excludes or limits liability that cannot be excluded under mandatory Dutch law, such as damage caused by our intent or deliberate recklessness.
4. 12.4Any claim against us lapses if not brought before the competent court within twelve months after you became aware, or reasonably should have been aware, of the damage.
5. 12.5You indemnify us against all third-party claims — including claims from your members, resellers, and end customers — arising from your use of the Service, your infrastructure, the workloads run on it, or your breach of these terms, including our reasonable legal costs.
6. 12.6We are not liable for failure or delay caused by circumstances beyond our reasonable control (force majeure), including outages of power, networks, or upstream providers, attacks on our or your infrastructure, and failures of third-party services such as payment or DNS providers.

13Intellectual property and your data

1. 13.1The Service — platform, panel, agent, website, and documentation — is and remains the property of FullStack Studio. You receive a non-exclusive, non-transferable right to use it for the duration of the agreement. No source code, no other rights.
2. 13.2Your data stays yours. The inventory, configuration, scripts, and records you manage through the Service belong to you. We process them only to provide the Service, as described in the Privacy Statement; where that data contains personal data of your own customers, we act as your processor under the Data Processing Agreement, which forms part of these terms and applies automatically — no signature required.
3. 13.3If you give us feedback or suggestions, we may use them without restriction or compensation.

14Changes to these terms

We may change these terms. Changes are announced in the panel and/or by email before they take effect and never apply retroactively. If you do not agree with a change, you can end the agreement effective at the end of your current period; continuing to use the Service after the effective date counts as acceptance.

15Governing law, venue, and final provisions

1. 15.1These terms and every agreement under them are governed by Dutch law.
2. 15.2Disputes are submitted exclusively to the competent court in the Netherlands.
3. 15.3We may assign the agreement in the context of a merger, acquisition, or transfer of the business; you may not assign it without our written consent.
4. 15.4These terms, together with the Privacy Statement and the Data Processing Agreement, are the entire agreement between us regarding the Service.

Contact

• FullStack Studio
• Chamber of Commerce: 42097493
• Email: info@provibr.com