Last updated on 15.11.2023

Terms of service

1. Introduction

Welcome to Sovarto GmbH (“Sovarto”, “Company”, “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your access to and use of the services provided by Sovarto through our website, software, and any related services (collectively, the “Service”). By accessing or using the Service, you (“you”, “your”, “Subscriber”) agree to be bound by these Terms and acknowledge our Privacy Policy. The Service is intended for business use by companies, particularly those in need of resilient cloud infrastructure solutions and related DevOps services. We offer our Service to subscribers primarily engaged in growing SaaS businesses requiring strategic planning, execution, observability, backup, and recovery services. These Terms constitute a legal agreement between you and Sovarto, and detail the terms and conditions to which you agree when using our Service.

Please read these Terms carefully before using our Service. By subscribing to or using any aspect of the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and attesting to Sovarto that you have the authority to bind that organization to these Terms (in which case, “you” and “your” will refer to that organization).

2. Services Offered

Sovarto specializes in creating resilient cloud infrastructures tailored to the needs of growing SaaS businesses. Our comprehensive range of services includes, but is not limited to, the following:

Cloud Strategy Development: We collaborate with you to assess your current infrastructure, future needs, and budget to formulate a strategic cloud adoption and scalability plan that aligns with your business objectives.

Cloud Infrastructure Execution: Leveraging industry best practices and Infrastructure as Code (IaC), we ensure the delivery of a secure, reliable, and future-proof cloud setup. Our process is designed to accommodate changes and upgrades with minimal disruption to your operations.

System Observability: To enhance your system’s reliability, we provide infrastructure that supports in-depth monitoring and analytics, enabling you to proactively manage system health and performance.

Backup and Disaster Recovery: We implement robust backup solutions and disaster recovery strategies to ensure business continuity, meeting the stringent service level agreements (SLAs) required by enterprise clients.

3. Subscription Model

Our services are delivered under a subscription model, offering flexibility and predictability in costs and engagement. This model includes a monthly flat fee arrangement with no hidden charges, providing full access to our expertise and unlimited task submissions, though work will be conducted on one active task at a time to ensure focused and efficient resolution.

Monthly Subscription Fee: Sovarto’s monthly subscription is comprehensive, covering all aspects of service delivery detailed in our offering. The fee set forth at the time of your subscription is all-inclusive, ensuring that you will not incur any additional charges from Sovarto for services included in your subscription package. This fee includes strategic assessment, infrastructure execution, system monitoring setup, backup, and disaster recovery planning. There are no hidden fees, additional charges for service alterations, or costs for task handling beyond the agreed monthly rate.

Service Inclusions: All our offered Services are included in the subscription.

Task Handling: Subscribers can submit an unlimited number of tasks. Sovarto will work on as many active task at any given time as defined in the subscription you chose. This is one active task for the Standard subscription and two active tasks for the Premium subscription.

You choose which tasks are active. Subscribers have the flexibility to modify tasks, or change priorities by changing the active task at any time.

Tasks for which we’ve finished our work and assigned it back to you for review or feedback are deemed to be active until you mark another task as active or assign it back to us. All tasks must be submitted through the official ticketing system provided on Sovarto’s platform. Submissions made via alternative channels, including but not limited to email, telephone, or postal mail, shall be considered null and void and will not initiate a service response or be acknowledged as valid requests.

Pause Subscription: You have the option to pause your subscription at any time. When paused, you will retain the ability to access and review your task history, but no new tasks will be initiated or existing tasks progressed. The pause can be initiated by the subscriber via the service portal and is effective immediately upon confirmation by the subscriber. The subscription can remain in a paused state until you choose to resume services, however, for no more than 12 months, ensuring you maintain control over the timing and pace of service engagement. Upon resumption, billing will recommence with the start of the next full billing cycle, and service provisions will continue as per usual operational standards.

Cancellation Terms: There is no long-term contract, allowing subscribers to cancel the monthly subscription at any time, with the subscription ending after the current month.

4. User Responsibilities

As a subscriber to Sovarto’s services, you are expected to fulfill certain responsibilities to facilitate the efficient delivery of our service offerings. These responsibilities include but are not limited to the following:

Providing Information: You must provide accurate and complete information concerning your current system, requirements, and objectives pertinent to the services requested.

Task Communication: You are responsible for clearly defining tasks, providing necessary details, and conveying expectations to ensure that Sovarto can deliver services appropriately. In case of missing information, we will work with assumptions based on our experience, to not waste your subscription time with back-and-forth.

Legal Compliance: You agree to use Sovarto’s services in compliance with all applicable laws, regulations, and legal obligations related to your business operations.

Account Management: You are accountable for maintaining the confidentiality of your account information and for all activities that occur under your account.

Feedback and Cooperation: Provide timely and constructive feedback when requested, and collaborate with Sovarto’s team to resolve any issues that may arise during the service delivery process.

By accepting these Terms, you acknowledge that failing to adhere to these responsibilities may affect the quality and delivery of the services provided by Sovarto.

5. Service Use and Restrictions

The use of services provided by Sovarto is subject to the following conditions:

Permitted Use: You agree to use our services solely for lawful business purposes and in a manner that is consistent with the terms outlined in this agreement.

Service Limitations: You acknowledge that our services are to be used for operational business support, specifically in the development and maintenance of cloud infrastructure, and not for any unauthorized or illegal activities. You specifically acknowledge that the ultimate responsibility for the operation of this infrastructure rests with the client. This includes, but is not limited to, managing ongoing costs, ensuring security compliance, and maintaining operational integrity. Subscriber acknowledges their role in actively managing and overseeing the cloud infrastructure to ensure it aligns with their business needs and regulatory requirements.

Compliance with Policies: You must comply with all applicable Sovarto policies and procedures as notified to you by us from time to time.

System Abuse: Any attempt to undermine or cause harm to a server or customer of Sovarto is strictly prohibited.

As a service provider, Sovarto reserves the right to refuse service to any subscriber that violates these terms and conditions.

6. Licensing of Intellectual Property

Copyright Retention: Sovarto GmbH retains all copyrights over the materials, software, documentation, and any other intellectual property (collectively, “Materials”) created, developed, or provided as part of our services. This includes, but is not limited to, any custom software, scripts, interfaces, and cloud infrastructure configurations.

License Grant to Subscriber: Sovarto hereby grants you, the Subscriber, a non-exclusive, worldwide, fully-paid, and perpetual license to use, reproduce, modify, and display the Materials solely for your business purposes. This license remains valid indefinitely, regardless of the status of your subscription with Sovarto.

Copyright Notices: As a condition of this license, you agree to retain all Sovarto copyright notices and attributions included in the Materials. Any modifications or derivative works created by you based on the Materials provided by Sovarto shall be subject to the same conditions, with the copyright notices to remain intact.

Non-Exclusivity of License: The license granted to you under these Terms of Service is non-exclusive. Sovarto reserves the right to license, sell, or otherwise dispose of the same Materials to any other party.

No Transfer of Ownership: This license does not constitute a transfer or assignment of Sovarto’s copyright in the Materials. Sovarto maintains ownership of all intellectual property rights in the Materials, and no rights are granted to you except as expressly set forth in this section.

7. Payment Terms

The financial terms for subscribing to Sovarto’s services are as follows:

Subscription Fee: The monthly subscription fee is detailed in your service agreement and on our pricing page. This fee grants full access to our services as per the agreed terms.

Billing Cycle: Subscription fees are billed in advance on a monthly basis and are non-refundable except as expressly provided in these terms.

Payment Methods: We accept payments through the methods listed on our website. You agree to provide current, complete, and accurate billing information and promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).

By subscribing to Sovarto, you agree to these payment terms and acknowledge that they form an integral part of the legal agreement between you and Sovarto.

8. Cancellation Policy

Subscription Cancellation: You may cancel your subscription at any time through the account management interface provided on our website. Your cancellation will become effective at the end of the current billing cycle.

Service Termination by Sovarto: Sovarto reserves the right to terminate your subscription if we determine that your use of the service violates our terms or policies, or otherwise poses a risk to Sovarto or our other clients.

Effect of Cancellation: Upon cancellation, your right to use the service will cease at the end of the current billing period, and you will not be billed for subsequent periods.

Post-Cancellation Access: After cancellation, it is at Sovarto’s discretion to allow you access to your account for a limited time to extract your data.

By subscribing to the service, you acknowledge and agree to the terms outlined in this Cancellation Policy.

9. Refund Policy

Sovarto provides a risk-free opportunity with a 100% refund guarantee within the first month of service should you be dissatisfied with our offering. To request the refund, perform these steps:

  1. Cancel the service through the billing portal to stop any further charges.
  2. Book a call through to discuss the reasons why you are not satisfied with the service.

Booking and attending the call is the only but mandatory pre-requisite for the refund to be processed. After the call, your refund will be issued right away, irrespective of what reasons you brought forth in the call.

10. Modifications to Service and Prices

Service Changes: Sovarto reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with at least 30 days’ notice. Such notice will be communicated to you via the E-Mail address that you used to register with us.

Price Adjustments: Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice will be communicated to you via the E-Mail address that you used to register with us.

Subscriber Acknowledgment: You acknowledge that Sovarto shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

By continuing to use Sovarto’s services after changes are made, you agree to be bound by the revised Terms.

11. Disclaimer of Warranties

No Warranties for Third-Party Services: We do not warrant that any third-party services recommended or integrated with our service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Customer Responsibility: You are responsible for determining the suitability of Sovarto’s services for your intended use and for any decisions or actions taken based on the use of Sovarto’s services.

12. Limitation of Liability

Limitation on Direct Liability: Sovarto shall not be liable for any direct damages exceeding the amount paid by you to Sovarto in the one month preceding the event giving rise to the claim.

Exclusion of Indirect Damages: In no event shall Sovarto be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Acknowledgment of Risk: You acknowledge that you have an adequate understanding of the risks associated with using our services, and you agree that Sovarto is not responsible for the unforeseen consequences of service use.

Grant of Rights for Marketing: By agreeing to these Terms of Service, you, the Subscriber, hereby grant Sovarto GmbH the right to use your company’s name and logo in its marketing materials. This includes but is not limited to, use on Sovarto’s website, in promotional materials, and in other marketing communications.

Purpose of Use: The use of your company’s name and logo will be solely for the purpose of indicating your business relationship with Sovarto, showcasing examples of our services, and promoting the benefits of our offerings to potential clients.

Respect for Brand Integrity: Sovarto commits to using your company’s name and logo in a manner that maintains the integrity and value of your brand. All representations of your company’s name and logo will be in line with your brand guidelines, if provided, and will respect the established image and reputation of your company.

Duration of Consent: This consent is granted for the duration of your subscription with Sovarto and will remain in effect for a reasonable period thereafter, to allow for the natural lifecycle of marketing materials already in circulation.

Right to Revoke Consent: You reserve the right to revoke this consent at any time. Upon receiving your written notice to revoke consent, Sovarto will cease the future use of your company’s name and logo and will, where practicable, remove existing references from its marketing materials.

No Endorsement Implied: The use of your company’s name and logo does not imply an endorsement by your company of Sovarto’s products or services, nor does it imply an endorsement by Sovarto of your products or services.

14. Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Germany for the resolution of any disputes or issues arising from these terms and your use of the service.

15. Contact Information

For support, questions, or assistance with the services provided by Sovarto, you may contact us through the following methods:


16. Severability Clause

Validity of Remaining Provisions: Should any provision of these Terms of Service be or become invalid, illegal, or unenforceable, it shall not affect the validity of the remaining provisions of this Agreement. The invalid, illegal, or unenforceable provision shall be deemed substituted by a valid, legal, and enforceable provision that most closely matches the intent of the original provision in economic and legal effect.

Commitment to Amending the Agreement: In the event of such invalidity, illegality, or unenforceability, Sovarto GmbH and the Subscriber hereby commit to amending or replacing the affected provision with one that is valid, legal, and enforceable and that achieves, to the greatest extent possible, the same economic, business, and other purposes as the original provision.

Preservation of Agreement’s Purpose: This clause is to ensure that the Terms of Service as a whole continue to reflect the original intentions of the parties and remain in full force and effect to the fullest extent possible under the law.