Terms of service

1.1 Who we are

Drasken Cloud is run by Drasken Labs Private Limited (CIN U62091DL2025PTC453940), a company registered in India. Our registered office is at 416, Block C (Old No. C-196), Gali No. 7, Om Nagar, Badarpur, South Delhi, Delhi 110044, India. GSTIN: 07AALCD9709K1Z3. In these terms, "we", "us" and "our" mean Drasken Labs Private Limited.

1.2 Who you are

Everything on Drasken Cloud belongs to an organisation: its projects, apps, databases, volumes, domains, invoices and payment methods. The customer under these terms is the person or business the organisation is for:

• •If you set up an organisation for a business (a company, firm, LLP, trust, society or other body), or enter business billing details for it, the business is the customer and you accept these terms on its behalf.
• •Otherwise, the individual who created the organisation is the customer.

"You" means the customer. If an organisation created by an individual is later used for a business (for example, you add a GSTIN or business billing details), the business becomes the customer from then on and takes on everything the organisation owes. The individual stays responsible, with the business, for charges from before the change.

1.3 Accepting for a business

If you accept these terms for a business, you confirm that you are allowed to bind it. If you are not, you are personally bound by these terms and responsible for what the organisation owes.

1.4 Users

Every person who signs in to Drasken Cloud accepts these terms for their own use of it. Members act for the organisation that invited them, and the customer is responsible for what its members do in its organisation as if the customer had done it. Changing members, roles or owners does not change who the customer is.

1.5 Who may sign up

You must be 18 or older and able to make a binding contract to create an account or use Drasken Cloud. If we learn that a user is under 18, we close their account. Drasken Cloud is built for developers and businesses; individuals may use it too. Where the law gives you rights as an individual consumer that these terms cannot take away, those rights still apply.

1.6 The documents that make up the agreement

Your agreement with us is made up of these documents. If two of them disagree, the one higher in this list wins, but only on the point where they differ:

1. 1.any written agreement or order form that you and we have both signed for Drasken Cloud;
2. 2.the data processing addendum, for personal data we handle for you;
3. 3.these terms;
4. 4.the acceptable-use policy;
5. 5.the refund and cancellation policy, and the details of each plan or support plan as shown in the console or on our pricing page when you chose it.

One exception: the price of something you buy is the price the console showed you when you created or chose it, as changed later under 6.3.

1.7 What is not part of the agreement

Our privacy policy explains how we handle personal data about you and your users. It is information for you, not a term you agree to, and it does not take away any right you have under data protection law. Our cookie policy explains the cookies on our website and console.

Our documentation, blog, website and sales material describe Drasken Cloud. They are not promises, unless these terms or a signed agreement say so. Terms on your purchase orders or other documents do not apply unless we sign an agreement saying they do.

1.8 Words we use

"Days" means calendar days unless we say business days. "Including" means including without limitation.

2.1 Creating an account

You create an account with your name, an email address and a password, and you create or join an organisation. The information you give us must be true and kept up to date, especially your email address, because that is where we send notices about your account, bills and resources.

2.2 Confirming your email address

You must confirm your email address. Until you do, some things are not available, such as billing, payments and inviting people, and we may limit an account that is not confirmed within the time the console shows.

2.3 Keeping your account safe

An account belongs to one person: do not share a sign-in. If several people need access, invite each of them to the organisation. Keep your password, two-step sign-in codes and recovery codes secret. We strongly recommend two-step sign-in for every account, and especially for owners.

You are responsible for what happens through your account, unless it happened because we failed to protect it. Tell us at once at support@draskencloud.com if you think someone else has used your account. We may lock an account for a while after repeated failed sign-ins, and we may ask you to prove who you are before we restore access, change an owner or act on a request about an account.

2.4 Organisations, members and roles

An organisation has members with roles (Owner, Admin, Member and Billing), described in our documentation. Every organisation must have at least one owner. Owners decide who is a member and what role they have, and should remove people who no longer need access. When a member is removed, what they created stays with the organisation.

If people disagree about who controls an organisation, we act on the instructions of its current owners as shown in the console. We do not decide disputes between members. We may pause changes to an organisation until the people involved settle the matter, or a court or authority tells us what to do.

2.5 Several organisations

You may belong to several organisations. Each is a separate customer relationship: the charges, suspension or closure of one do not affect another, unless the same customer breaks these terms across them, for example by using a second organisation to get around a suspension.

2.6 Closing your account

You can download a copy of your account data and close your account in the console, as our account security documentation describes. Closing your own account does not close an organisation you belong to. If you are its only owner, transfer ownership or close the organisation first. When you close your account, we remove your sign-in and the personal details we do not have to keep. We keep the records described in 4.9.

3.1 What the service is

Drasken Cloud is a platform for running software. Through the console you can:

• •run apps from container images, and run jobs and scheduled jobs;
• •create managed MySQL, PostgreSQL and Valkey databases;
• •add volumes, and take snapshots and backups;
• •serve apps on addresses we give you, or on your own domains with HTTPS certificates;
• •see logs, metrics and health, and receive alerts;
• •get support.

Drasken Uptime, which checks your sites from outside, is offered as a Preview under 3.2. Our documentation describes each feature as it is at the time.

The service runs in one region, Mumbai, India. We do not offer a choice of region today. Because of this, a problem in that region can affect everything you run on Drasken Cloud at the same time.

3.2 Coming soon, preview and beta

A feature marked Coming soon is not part of the service until we release it. Features marked Preview or Beta are offered as they are: they may not work fully, may change or end at any time, and may be priced later (we tell you before you are charged). Do not rely on them for anything important.

3.3 Acceptable use

You must follow our acceptable-use policy, which is part of these terms. It lists what is not allowed (such as mining, attacks, spam, phishing, malware and open proxies) and how we respond.

3.4 Content you must not host

Indian law (the Information Technology Rules, 2021) requires us to tell you this. You must not host, display, upload, change, publish, send, store, update or share, and must not let your users do so, any content that:

1. 1.belongs to someone else and that you have no right to use;
2. 2.is obscene, pornographic or paedophilic; invades someone's privacy, including bodily privacy; insults or harasses anyone on the basis of gender; is racially or ethnically objectionable; relates to or encourages money laundering or gambling; or promotes enmity between groups on grounds of religion or caste with the intent to incite violence;
3. 3.is harmful to children;
4. 4.infringes a patent, trade mark, copyright or other proprietary right;
5. 5.deceives or misleads people about where a message comes from, or knowingly and intentionally spreads misinformation or information that is clearly false or misleading;
6. 6.impersonates another person;
7. 7.threatens the unity, integrity, defence, security or sovereignty of India, India's friendly relations with other countries, or public order; incites any cognisable offence; prevents the investigation of any offence; or insults another nation;
8. 8.contains a virus or other code designed to interrupt, destroy or limit any computer resource;
9. 9.is an online game that causes harm to its users or that Indian law does not permit, or advertises or promotes such a game or a service that offers one;
10. 10.breaks any law in force.

If you do not follow these rules, we may remove or disable access to the content and end your right to use Drasken Cloud, as 8 describes. We remind every organisation of these rules at least once a year.

3.5 Your responsibilities

• •What you run is yours. You decide what apps, images, code, configuration and data you put on Drasken Cloud, and you are responsible for it: that it is lawful, follows the acceptable-use policy, and works. We do not review your content before it runs.
• •Licences. You must have every right and licence needed for the software and images you deploy and the data you store, including open-source and commercial licences.
• •Configuration. You choose sizes, instance counts, ports, settings, backup schedules, retention, deletion options and access. The platform does what you configure. Mistakes such as making a port public, choosing a short backup retention or ticking Delete volumes are your responsibility.
• •Your own users. If your apps serve other people, your relationship with them is yours: your own terms and privacy notice, their consent where the law needs it, and their complaints and requests. You must not tell them that we have promised them anything. We may pass on to you requests or complaints that reach us about your app.
• •Cooperation. Answer our reasonable questions about your use of the service, in particular about abuse reports, security incidents and legal requests, within the time we ask.

3.6 Limits and fair use

Every organisation has limits on what it can run at once (such as CPU, memory, storage, and the number of projects, apps, databases and domains) and on the size of each resource. Your current limits are in the console; our limits documentation lists the starting limits and how they grow. When a limit is reached, new resources and scale-ups are refused; what is already running is not affected. You can ask for a higher limit, and we may agree, agree in part, ask about your use, or decline.

We will not lower your limits below what you already use, except under 8 or with notice under 3.10. The console has rate limits. Network traffic is measured. You must use shared resources fairly; the acceptable-use policy says what is not allowed.

To protect the platform and other customers, we watch how resources behave (for example sustained full CPU use, unusual outbound traffic, or connections to known abusive addresses) and receive reports from our providers and the public. This looks at how resources behave, not at the contents of your databases or files.

3.7 Your domains

If you connect your own domain, you must own it or be allowed to use it. Keep the DNS records the console shows in place for as long as you want the domain served. If they are removed or changed, your domain may stop reaching your app and its certificate may not renew. We are not responsible for your DNS provider or for a domain you let expire. Certificates for your domains are issued by a third-party certificate authority (Let's Encrypt) under its own terms; we request and renew them for you while your DNS records allow it, but we cannot promise that a certificate will be issued or renewed in time.

3.8 Addresses we give you

Each app with a public port gets an address under drasken.cloud. That domain and the names under it are ours. You may use the address for as long as the app exists; it is not transferable and gives you no right in the name. When the app is deleted, the address stops working. If you need an address you control permanently, point your own domain at your app.

Names under drasken.cloud and draskencloud.com are reserved. We may refuse or change a name that is misleading, impersonates someone, infringes someone's rights, uses our brands or breaks the acceptable-use policy, and we will tell you if we do. Where a domain has no app attached, or an app is not available, we may show a neutral Drasken Cloud page on it.

3.9 Software and services made by others

Managed databases run MySQL, PostgreSQL and Valkey from their official images. That software is made by others and comes under its own licences, which apply to your use of it; nothing in these terms limits your rights under them. Their names may be trade marks of their owners, who do not endorse us.

If you deploy images from other registries or connect services that are not ours (DNS providers, email providers, external registries, monitoring, payment providers for your own customers), your use of them is between you and their providers. We are not responsible for them or for what they do with data you give them. Credentials you store to reach them are used only to do what you ask.

3.10 Changes to the service

We improve Drasken Cloud all the time and may add, change or remove features, plans, sizes, engines and versions.

• •If we remove a feature you use, or change it in a way that stops your apps or databases working, we tell the owners at least 30 days before.
• •If we stop offering a paid product you use, we tell you at least 30 days before and do not charge you for it after it stops.
• •If we end a free feature you use, or start charging for it, we tell you at least 30 days before and do not charge you unless you choose to continue.
• •If we stop offering Drasken Cloud altogether, we tell you at least 90 days before and give you a way to take your data.
• •Changes that add something or do not harm you need no notice.

We may make a change sooner when the law requires it, to deal with a security issue, or when a supplier we depend on leaves us less time. We tell you as soon as we reasonably can.

3.11 Database versions

Our version catalogue decides which database versions can be created, and labels each one Recommended, Supported, Deprecated or End of life. When a version is deprecated, existing databases keep running, but you may not be able to create new ones on it. When we decide to stop running a version, we mark it end of life and tell the owners of affected databases at least 90 days before, where practical, so they can move to a newer version.

After that date we may stop, upgrade or refuse to restart databases still on that version. Moving your data to a newer version and checking that your app works with it are your responsibility; where the console offers a way to do it, you can use it. We may give shorter notice when a serious security problem makes a version unsafe to keep running, and we tell you as soon as we can.

We do not update your images or your code.

4.1 Your content is yours

You own your content. These terms give us no ownership of it.

You give us a limited, non-exclusive, royalty-free permission to store, copy, process, send and display your content, only as needed to run Drasken Cloud for you, keep it secure, make the backups you have set up, give support you ask for, and meet the law. The permission ends when your content is deleted under 8.7, except for copies in backups until they expire and copies the law makes us keep. You confirm that you have the rights and permissions we need to do this, including from the people whose personal data you put on the service.

4.2 Our role for your content

When you run apps, jobs, databases, volumes or domains on Drasken Cloud, we host your content for you. We do not choose it, check it in advance, edit it or approve it. Under Indian law, we act as an intermediary for your content.

4.3 When we look at your content

Our staff do not look at your content except:

• •when the platform handles it automatically to run the service (for example, to store, back up or route it, or to detect abuse);
• •to operate the service, for example to restore it after a failure or carry out maintenance, touching only what the task needs;
• •when you ask for support and give us permission to look, limited to what you asked about;
• •to investigate a report of abuse or a security incident, or to stop harm that is happening now;
• •when the law requires it (4.10).

Access is limited to staff who need it. Changes our staff make to your resources appear in your activity history where the console records them. We tell you about access for abuse, security or legal reasons unless the law forbids it or telling you would defeat its purpose.

4.4 Where your content is kept

Your apps and databases run in our region in Mumbai, India. Backups, logs, invoices and some data we need to run the service are stored with the providers listed on our sub-processors page, some of whom may store or process it outside India. We update that page before we add a provider.

4.5 Backups

We back up each MySQL, PostgreSQL and durable Valkey database automatically. By default a backup is taken daily and kept for 7 days. You can change how often backups are taken and how long they are kept, and take a backup at any time, as our backups documentation describes. Valkey in cache mode keeps nothing on disk and is not backed up. You can also take snapshots and backups of volumes.

Backups are not a guarantee. We take care to make them work, but we do not guarantee that a backup will be taken, will be complete, or can be restored, or how long a restore will take. Not every backup can be restored yet; the documentation lists which can. A backup holds only what was stored when it was taken. When a backup is deleted, or its retention ends, we cannot bring it back.

Keep your own copies. Drasken Cloud is not designed to be the only place your important data is kept. Keep your own copies of your code, images and data outside Drasken Cloud, and check that you can restore them.

4.6 Deleting resources

When you delete a database, its deletion is scheduled after a short grace period, during which you can cancel it; you can also choose to delete it at once. When you delete a database, app or volume, its volumes and backups are kept unless you tick the option to delete them too, and kept items are charged until they are deleted. Our documentation gives the details. Once something is deleted and any grace period has ended, we cannot bring it back.

4.7 Security is shared

We are responsible for the platform: the servers, the network, the software that runs and separates your apps and databases, the console, the backups the service makes, and our own staff's access.

You are responsible for what you build and how you use it:

• •your apps, their code and dependencies, and the images you deploy and their updates;
• •your database users, passwords and settings, and the secrets and settings you store;
• •who you invite and the role you give them;
• •keeping your password private and using two-step sign-in;
• •the domains you connect and their DNS records;
• •keeping your own copies of data you cannot afford to lose.

Tell us straight away at support@draskencloud.com if you think your account has been misused, or that something you run has been compromised in a way that could affect the platform or other customers.

4.8 Personal data

About you and your members. We decide how we use personal data about you and your members, for example to run your account, bill you and support you. Our privacy policy explains this.

In your content. When your apps, databases, volumes or backups hold personal data about other people, you decide why and how it is used. We process it only to run the service for you, under these terms and our data processing addendum. You are responsible for telling those people what you do with their data, having a lawful basis or their consent, answering their requests, and deciding how long you keep it.

4.9 Information we must keep about you

To meet Indian law we keep some information about your account after you leave: for example your name, organisation, email address, phone number, address, the dates you used the service and the network addresses used, for as long as the law requires. Today that is up to 5 years after your account ends for some of it, and 8 years for invoices and payment records.

You must give us accurate information and keep it up to date. We may ask you to confirm it or to provide proof, and we may suspend an account whose information is false or cannot be confirmed. Our privacy policy explains what we keep and for how long.

4.10 Requests from courts and the government

We comply with lawful orders from Indian courts and government agencies, including orders to remove or block content, give information or help an investigation. We check that a request is lawful and give only what it requires. Where the law allows, we tell you before we act, or as soon as we can afterwards, so you can object. Some orders forbid us from telling you. We do not answer requests from foreign authorities unless Indian law or an Indian court requires it.

When we remove or disable content, we keep a copy of it and the related records for at least 180 days, or longer if a court or an authorised agency asks, as Indian law requires.

4.11 Security incidents

We report cyber security incidents to the Indian Computer Emergency Response Team (CERT-In) and other authorities as the law requires. If an incident affects your content or personal data you have given us, we tell you without undue delay, share what we know, and help you meet your own duties to notify. You must report incidents on your own resources where the law requires you to, and tell us about any that could affect the platform.

4.12 Export control and sanctions

You must follow Indian export control law and the sanctions India applies, and must not use Drasken Cloud to export controlled goods, software or technology without the licences they need. Some of our providers are bound by the export and sanctions laws of other countries; you must not use Drasken Cloud if you are, or act for, a person those laws bar them from serving, or are in a place they bar. We may suspend an account where we reasonably believe this clause is broken.

5.1 What is ours

The platform, the console, our software, documentation and designs, the names "Drasken Cloud" and "Drasken Uptime", our logos and our domains belong to Drasken Labs Private Limited or its licensors. We give you a limited, non-exclusive, non-transferable right to use the service under these terms while your organisation has an account.

You may not copy, resell, rent or re-brand the service as your own, or reverse-engineer it except where the law allows. You may say truthfully that you run on Drasken Cloud, but may not otherwise use our brands without our permission.

5.2 Feedback

If you send us ideas, suggestions or comments about the service, we may use them freely, without paying you or naming you. This gives us no right to your content.

5.3 Publicity

We will not use your organisation's name or logo, or say that you are a customer, in our marketing without your written permission. You may withdraw that permission for future use at any time.

5.4 How the service is used

We may use information about how the service is used (counts, sizes, performance and errors, not the contents of your content) to run, secure, bill and improve it. We publish such information only in a form that does not identify you.

6.1 What you pay for

You pay for what your organisation uses, at the prices in force when you use it. Prices are on our pricing page and in the console, which shows the price of what you are creating before you confirm. If the two differ, the price the console showed you when you confirmed applies.

Prices are in Indian rupees (₹) and do not include GST, which is added on your invoice. Some things are free, as the pricing page lists; something being free today does not mean it will always be free (see 3.10). We sell Drasken Cloud to customers in India today.

6.2 How charges are worked out

• •Hourly, with a monthly cap. Most resources have a monthly price. We charge them by the hour, and never more than their monthly price for one resource in a calendar month. Our pricing documentation explains the hourly price.
• •When charging starts. A resource is charged from the moment it is first ready to use. If creating it fails, you are not charged for it.
• •Minimum. Each resource other than a job run is charged for at least one hour.
• •Stopped resources. A stopped app or database is not charged for its size; its storage still is.
• •Storage. Volumes, database storage, snapshots and backups are charged for the space they take for as long as they exist, including while the resource that uses them is stopped, limited or suspended.
• •Jobs. Each run of a job is charged for the time it runs, at its size's price, rounded up to the next minute.
• •Usage measured late. If some usage reaches us after a month's invoice is issued, we add it to, or take it off, a later invoice. We never charge the same usage twice.
• •Things we do not charge for yet. We measure some things we do not charge for today, such as network traffic. We charge for them only once they are on the pricing page, and only after notice under 6.3.

6.3 Price changes

A price change never applies to time already used. If we raise the price of something you already have, or start charging for something that was free, we email the owners and billing contacts of your organisation at least 30 days before the change takes effect. If you do not want to pay the new price, you can stop or delete the resource, or cancel the plan, before then, and you will not be charged the new price for it. A support plan's new price applies from its first renewal after the notice ends. Lower prices apply as soon as they are published. Promotions last for the period stated in them.

6.4 Invoices

Usage is billed monthly, after the month. When each calendar month ends (in IST), we issue one GST invoice for your organisation's usage in that month. Paid support plans are invoiced separately, at the start of each period (6.9). Invoices are in the console under Billing and are emailed to your billing contacts. An invoice is issued even when credit covers all of it. Once issued, an invoice is not changed: if it needs correcting, we issue a credit note or a debit note.

6.5 GST and your billing details

We charge GST as the law requires: CGST and SGST if your place of supply is in Delhi, IGST if it is in another state. Your place of supply comes from your GSTIN, or from your billing address if you have none.

Keep your billing details correct and current: legal name, address, state, and GSTIN if you are registered. We prepare invoices from what you enter. If your details are wrong, we can correct future invoices, and past ones only where GST law still allows. We are not responsible for tax credit you lose because of details you gave us. To claim input tax credit, add your GSTIN before the month you want it on.

Sign-up and promotional credit is a discount: it lowers the value GST is charged on. Other credit, such as goodwill or compensation credit, pays part of the invoice, so GST is charged on the full value. Your invoice shows which.

6.6 Tax deducted at source

If the law requires you to deduct income tax or GST at source from what you pay us:

• •pay the invoice less the amount deducted, by bank transfer or payment link, and tell us the amount and the invoice at billing@draskencloud.com;
• •deposit the tax on time and send us the certificate within the time the law sets;
• •we treat the deducted amount as paid while we wait. If the certificate does not reach us, or the tax does not appear against our PAN, within 60 days after the certificate was due, that amount becomes due from you again.

If an automatic debit collected the full amount, tell us within 30 days and we refund the amount deducted once the tax appears against our PAN. You decide which provision of tax law applies to your payment.

6.7 How you pay

• •A payment method is needed to create paid resources. You can add UPI Autopay, a card or a bank account (eNACH) under Billing → Payment methods, through our payment partner Razorpay. Your card number is never stored on our servers.
• •Your authorisation. When you add a payment method, you authorise us, through Razorpay, to charge it for the amounts due under these terms (your monthly invoices and your support plan), up to that method's limit. You approve this with your bank or UPI app.
• •The ₹1 check. For UPI Autopay and cards, your bank or app asks you to approve ₹1 to check the method. We refund it straight away; your bank may take 5 to 7 working days to show the refund. A bank account (eNACH) is checked without a charge.
• •Notice before each debit. At least 24 hours before each automatic debit, we email you the amount and date. For UPI Autopay and cards, your bank or UPI app also sends you a notice, as RBI rules require, and lets you opt out of that one debit. We never debit more than the notice says.
• •When we debit. We debit an invoice on or after its due date, which is shown on the invoice and in the notice.
• •Limits. UPI Autopay and card debits are limited to ₹15,000 each without your approval of each payment. A bank account (eNACH) can be debited up to the largest single payment you chose when you set it up. If a bill is above a method's limit, or a debit fails, we try your other saved methods and then email you a link to pay.
• •Cancelling a mandate. You can cancel a mandate at any time with your bank, card issuer or UPI app, or remove the method in the console. That does not cancel what you already owe. Without a payment method you cannot create new paid resources, and you pay invoices by payment link or bank transfer.
• •Paying yourself. You can pay any invoice in the console (UPI, card or net banking) or by bank transfer to your organisation's own account details shown in the console. Payments go to your oldest unpaid invoice first.
• •No payment fees. We do not charge a fee for any payment method. Your bank may charge its own fees, for example for a returned eNACH debit.
• •Business terms. We may agree in writing to let a business with a GSTIN pay by bank transfer within 15 or 30 days of the invoice. We can withdraw those terms with 30 days' notice, or at once if invoices are paid late.

6.8 Overpayments

If you pay more than you owe, we use the extra to pay your next invoice. It is not a balance you can spend on anything else, and it earns no interest. If you ask, or when your organisation is closed and nothing is owed, we refund it to the account it came from.

6.9 Support plans

The Basic support plan is included with every organisation. Standard and Premium are paid plans; their prices and reply times are in the console and in our support documentation.

A paid plan is billed monthly in advance, from the day you subscribe, and renews each month until you cancel. Upgrading applies at once, and you pay the difference for the days left in the period. Cancelling or downgrading takes effect at the end of the period you have paid for, and you keep the plan until then. We do not refund the rest of a period you cancel or downgrade yourself, except:

• •if you cancel within 48 hours of first buying a plan and have not raised a request under it, we refund it in full;
• •if we end or downgrade your plan, or stop providing Drasken Cloud to you, for a reason other than your breach of these terms or non-payment, we refund the unused days;
• •if in a month we did not give the first replies your plan describes, you may ask for a refund or credit for that month.

If a support plan's invoice is still unpaid 7 days after its due date, the plan ends and your organisation returns to Basic. You still owe that invoice.

6.10 Credits

We may give your organisation credit, for example when you join, in a promotion or as goodwill. Credit is a discount on future invoices. It is not money: it has no cash value and cannot be bought, refunded, transferred, exchanged for cash or moved to another organisation.

Credit pays invoices automatically, before your payment method is charged; credit that expires is used first. Each grant has its own terms (amount, expiry and what it can be used for), shown to you before you receive it; for that grant, those terms apply where they differ from these. Expiring credit ends at the end of the billing month shown, and we email you 7 days and 1 day before. Unused credit is lost when it expires or when your organisation is closed. Sign-up credit is given once per organisation and once per payment method.

We may remove credit, or reverse credit already used and charge normal prices, if it was obtained by abuse: for example several organisations for one person or business, someone else's payment method, false details, or a breach of the acceptable-use policy. If we give credit in place of a refund the law entitles you to, you may ask for the refund instead.

6.11 Disputed charges

If you think a charge is wrong, tell us at billing@draskencloud.com or through support, with the invoice number and what you think is wrong. Please do this within 30 days of the invoice, so we can check usage while it is fresh; this does not take away your right to raise it later. Pay the part you do not dispute by its due date. While we look into a dispute raised in good faith, we do not limit or suspend your organisation for the disputed amount.

If we charged too much, we issue a credit note and refund the difference or take it off your next invoice, as you choose. If we charged too little because of our own error, we bill the difference for no more than the last 3 months. Nothing in this clause limits your rights under the Consumer Protection Act, 2019.

6.12 If an invoice is not paid

An invoice is overdue when it is unpaid on its due date and automatic debits have stopped trying. We email you and show it in the console. Everything keeps running. If it stays unpaid:

• •at least 7 days after it became overdue, your organisation may be limited: you cannot create, start or enlarge anything. You can still stop, shrink and delete resources, and pay;
• •at least 14 days after it became overdue, your organisation may be suspended: apps are stopped, and scheduled jobs and databases are paused. Your data, volumes and backups are kept, and storage is still charged. You can still sign in, pay, and delete resources to stop their charges.

We email the owners and billing contacts before each step. Our billing documentation gives the current timings. These are the earliest we act; we may wait longer. We never delete your data automatically for non-payment. Deletion can only follow the ending of the agreement under 8.5 and the export period in 8.7.

When you pay what is overdue, we lift the limit or suspension and your resources start again. A hold we placed for another reason, such as suspected fraud or an acceptable-use breach, is not lifted by payment alone.

We do not charge interest or late fees. We may recover overdue amounts by lawful means; if you are a business, you also pay our reasonable costs of recovering amounts not disputed in good faith.

6.13 Refunds and chargebacks

Our refund and cancellation policy explains when we refund. In short: usage is billed after it happens, so the only payments in advance are support plans (6.9) and overpayments (6.8); we refund charges we made in error; and we refund where the law requires. Refunds go back to the payment method you paid with, unless you agree to another way, and each comes with a credit note. We start a refund within 7 working days of agreeing it; your bank then takes its own time to show it.

If you think a payment was wrong, please contact us first: we can usually fix it faster than your bank. If you raise a chargeback for an amount you owe and do not withdraw it after we show you the charge is correct, we may treat the amount as unpaid under 6.12. We will not do this while a dispute you raised with us in good faith is open.

6.14 Taxes and records

You pay GST and any other tax the law charges on the service, except taxes on our own income. If the law changes the GST rate, the new rate applies from the date the law sets. Our billing records (usage, invoices, payments and credit) decide what is owed unless you show that they are wrong.

7.1 No service level agreement

Drasken Cloud has no service level agreement. We work to keep it running, but we do not promise that it will be available at any particular time or for any particular share of time, that it will be free of errors or interruptions, or that data will never be lost. We do not offer service credits unless a signed agreement with you says so. Any credit we give after an incident is goodwill, at our choice, and does not oblige us to give one again.

If you need your service to keep running when Drasken Cloud does not, you must plan for it yourself, for example by keeping copies elsewhere (4.5).

7.2 Maintenance

We maintain and update the platform. Some maintenance restarts apps or databases, or makes parts of the service unavailable for a time. When we plan maintenance that we expect to interrupt your resources, we try to tell you in advance (on our status page, in the console or by email) and to choose a quiet time. We may act without notice to fix a security issue, prevent harm or restore the service, and we say what happened as soon as we reasonably can.

7.3 Status

We publish the platform's status and incidents in the console and on our status page. They are information, not a promise.

7.4 Support

Every organisation has the Basic support plan; Standard and Premium plans give faster replies and urgent support (6.9). Our support documentation lists each plan's reply times. Business hours are Monday to Friday, 10:00 to 18:00 IST.

Reply times are targets for a first reply from an engineer, not for solving the problem. Missing a target does not give a right to a refund or credit, except as 6.9 says or a signed agreement provides.

Support covers using the console and the service, problems with the platform, your account and billing. It does not cover writing, reviewing or debugging your code, designing your application, tuning your queries or recovering data you deleted, though we may help where we can. Reach us through Support in the console or at support@draskencloud.com. Do not send passwords or secrets.

8.1 When we may limit or suspend

We may limit or suspend all or part of an organisation, or a single resource, if:

• •it breaks the acceptable-use policy or these terms;
• •it poses a security risk to Drasken Cloud, other customers or anyone else, for example a compromised app sending attacks;
• •the law, a court or a government authority requires it;
• •invoices are unpaid, as 6.12 describes; or
• •we reasonably suspect fraud or an account takeover, or the account's information is false.

8.2 Notice first, where we can

Unless harm is happening now, we tell the organisation's owners what is wrong and give a reasonable time to fix it before we act. When harm is happening or about to happen (an attack, malware, phishing, spam, mining, illegal content, a risk to others, or an order that needs immediate action), we may act at once and tell the owners as soon as we can afterwards. We act on the smallest scope that deals with the problem: usually the resource involved before the whole organisation. If you think we got it wrong, reply to our notice or write to support, and we will look at it again promptly.

8.3 What limiting and suspension do

Storage is still charged while kept. Suspension never deletes data. We lift a suspension when its cause is fixed (for unpaid invoices, when payment arrives), unless we also suspended for another reason, such as fraud, a dispute or abuse, which we lift only when we are satisfied. We may keep evidence of abuse and report illegal activity to the authorities.

8.4 Ending by you

You can stop using Drasken Cloud at any time. Charges for each resource stop when you delete it. To end the agreement for an organisation, delete its resources and close it in the console, or ask us at support@draskencloud.com. Deleting an organisation does not delete resources that are still running; delete them first, or they keep being charged. You pay for everything used up to the time each resource is deleted, including usage measured after your last invoice. A paid support plan runs to the end of the period paid for and is refunded only as 6.9 says.

8.5 Ending by us

We may end the agreement for an organisation by notice to its owners if:

• •you seriously or repeatedly break the acceptable-use policy;
• •you break these terms in another important way and do not fix it within 15 days of our notice, where it can be fixed;
• •charges remain unpaid 30 days after your organisation was suspended for non-payment;
• •you become insolvent, an insolvency or liquidation process starts for you, or you stop doing business; or
• •the law, a court or a government authority requires it.

We may also end the agreement if we stop offering Drasken Cloud, or the product you use, under 3.10, with at least 90 days' notice. If we do, we refund the unused part of any paid support plan.

8.6 Events outside anyone's control

Neither of us is responsible for a delay or failure caused by an event outside its reasonable control that it could not have prevented with reasonable care. Examples:

• •natural disasters, fire, flood or epidemic;
• •war, terrorism, riots, or strikes other than by its own staff;
• •acts of government;
• •power or internet failures;
• •attacks that reasonable security would not have stopped;
• •failures of the data centre, network or other suppliers we rely on that are themselves caused by such an event.

The party affected tells the other as soon as it can and does what it reasonably can to limit the effect. If such an event stops us providing a paid product for more than 30 days, either of us may end the agreement for that product, and you are not charged for it while it is not provided. Such an event does not excuse paying charges you owe.

8.7 Your data when the agreement ends

When the agreement ends, your apps and jobs stop and nothing new can be created in the organisation. Then:

• •for 30 days (the export period), we keep your data and your owners can sign in to take copies of it. Your databases stay available for export only, and you can download your backups. Nothing is charged during the export period;
• •we email the owners at least 7 days before we delete anything;
• •after the export period, we delete your content from the service within a further 30 days;
• •copies in backups are deleted when their retention ends, and in any case within 35 days after the export period ends.

We may shorten or withhold the export period where the law requires it, or where the content itself is unlawful. We keep invoices, payment and accounting records, the record of your acceptance of these terms, and the information in 4.9, for as long as the law requires. Everything you owe becomes payable at once, and we send a final invoice. Unused credit ends.

8.8 What continues after the end

These parts continue after the agreement ends: 4.1 (for copies we may keep), 4.9, 4.10, 6 (for amounts owed), 8.4, 8.7, 9, 10 and 12, and any other part that by its nature is meant to continue.

9.1 What we promise

We provide Drasken Cloud with reasonable skill and care, as described in our documentation at the time you use it. Apart from this and what these terms say elsewhere, Drasken Cloud is provided as it is and as available. To the extent the law allows, we make no other promise, stated or implied, for example that it will be uninterrupted or error-free, or fit for a particular purpose. Free, preview and beta features are provided as they are.

9.2 Losses we are not liable for

We are not liable for:

• •loss of profit, revenue, business, contracts, goodwill or expected savings;
• •loss or corruption of data, except where it is caused by our breach of these terms or our negligence, in which case 9.3 applies;
• •indirect or consequential loss, or loss that was not a reasonably foreseeable result of our breach when the agreement was made;
• •loss caused by your content, your configuration, your software, your breach of these terms or the actions of your users;
• •loss caused by an event under 8.6.

9.3 The most we pay

Our total liability to you for all claims arising out of or in connection with Drasken Cloud and these terms, added together, is limited to the greater of:

• •the fees you paid us for Drasken Cloud in the 12 months before the event that gave rise to the most recent claim; and
• •₹5,000.

9.4 What we do not limit

Nothing in these terms limits or excludes our liability for:

• •fraud or wilful misconduct;
• •death or personal injury caused by our negligence;
• •anything else the law does not allow us to limit, including your rights as a consumer and any liability under data protection law that cannot be limited by contract.

These limits do not apply to your duty to pay for what you used, or to what you owe under 9.5.

9.5 You cover us for claims about what you run

You will compensate us for, and defend us against, any claim, demand, fine or proceeding brought by someone else (including a government authority), and the reasonable losses, costs and legal fees that follow, to the extent it arises from:

• •your content, or the software or images you or your users run, store or send on Drasken Cloud;
• •your breach of the acceptable-use policy;
• •your breach of the law or of someone else's rights in using Drasken Cloud; or
• •a claim by your own customers or users about the services you provide them using Drasken Cloud.

This does not cover a claim to the extent it is caused by our breach of these terms, our negligence or our wilful misconduct. We tell you about the claim promptly, let you control its defence and settlement with lawyers you choose, and help you at your cost. You may not settle a claim in a way that admits fault for us or requires us to do or pay anything without our written consent. If you are a consumer, this clause applies only to claims caused by your breach of these terms or of the law. We give no indemnity under these terms.

9.6 Why the limits are fair

Our prices are set on the basis of these limits. You can reduce your risk by keeping your own copies of your data (4.5) and, where your business needs it, by insurance.

10.1 Talk to us first

If you have a complaint, write to support@draskencloud.com, or for a legal notice to the address in 12.4. We acknowledge a complaint within 48 hours with a reference number and resolve it within one month. This does not stop either of us going to court for urgent relief, and it does not shorten any time limit the law gives you.

10.2 Grievance Officer

Anyone may complain about content on Drasken Cloud, or about how we run the service, to our Grievance Officer at grievance@draskencloud.com. Their name and other contact details are on our grievance page. We acknowledge a complaint within 24 hours and resolve it within 15 days.

We act on a request to remove unlawful content within the time Indian law sets. For example:

• •within 72 hours for most of the content listed in 3.4;
• •within 24 hours for content that shows a person in a sexual or intimate way without their consent, including altered or artificial images, or that impersonates a person.

If you are not satisfied with the Grievance Officer's decision, you may appeal within 30 days to the Grievance Appellate Committee set up by the Government of India.

Reports of abuse coming from Drasken Cloud (spam, attacks, phishing) go to the address on our report abuse page.

10.3 Law and courts

These terms, and any dispute about them or Drasken Cloud, are governed by the laws of India. Subject to 10.4, the courts at New Delhi have exclusive jurisdiction over any dispute arising out of or in connection with them.

10.4 Consumers

If you use Drasken Cloud as a consumer, nothing in this section stops you from bringing a complaint before a Consumer Commission or court that the Consumer Protection Act, 2019 allows, including where you live.

10.5 Time limits

Nothing in these terms shortens the time the law gives either of us to bring a claim.

11.1 Versions

Each version of these terms has a date at the top. The acceptable-use policy shares the same version and changes with these terms. Every earlier version stays readable from What changed.

11.2 Changes that affect you

If we make a change that reduces your rights or adds to your duties in a meaningful way, we tell your organisation's owners by email and in the console at least 30 days before it takes effect, and say what changes. When it takes effect, the console asks each user to accept the new version before they continue. If you do not agree, you can delete your resources and close your organisation before the date, and the old version applies until then. If you do not accept, you can still sign in to export your data and close your organisation; ending the agreement this way costs you nothing beyond what you used. If you keep using Drasken Cloud after the date, the new version applies to you.

11.3 Other changes

We may make changes sooner, or without asking you to accept again, when they correct mistakes, make the text clearer or update our details; add terms for a new product or feature that apply only if you use it; or are required by law, a court or a regulator, or needed to deal with a security threat or abuse. For changes required by law or for security, we give as much notice as we reasonably can.

12.1 Transferring the agreement

We may transfer the agreement to a company in our group, or to anyone who takes over our business or the part of it that provides Drasken Cloud. We will tell you, the new provider will be bound by these terms, and if you object you may end the agreement under 8.4 without paying for anything after the transfer. You may not transfer the agreement without our written consent, which we will not refuse unreasonably for a genuine sale or reorganisation of your business. Moving ownership of an organisation between its members needs no consent.

12.2 Our suppliers

We use other companies to provide parts of Drasken Cloud, such as data centre, network, storage, email and payment providers. Those that handle personal data for you are on our sub-processors page. We remain responsible to you for our duties under these terms when we use them.

12.3 Notices to you

We send notices to the email addresses of your organisation's owners (and, for billing, its billing contacts), and may also show them in the console. An email notice counts as received when it is sent, unless we learn it was not delivered. Account and security emails come from no-reply@accounts.draskencloud.com, billing emails from billing@billing.draskencloud.com and alerts from alerts@alerts.draskencloud.com. Keep these addresses able to reach you.

12.4 Notices to us

Send legal notices to legal@draskencloud.com, or by post or courier to our registered office (1.1). A notice of a legal claim or court process must also be sent to the registered office.

12.5 Whole agreement

The documents in 1.6 are the whole agreement between you and us about Drasken Cloud and replace anything said or written about it before. Neither of us relies on any statement not in them, but this does not limit liability for fraud.

12.6 Other rules

• •If part is invalid. If a court or authority finds part of these terms invalid, that part is changed as little as needed to make it valid, or removed, and the rest continues.
• •Not enforcing is not giving up. If either of us delays or does not enforce a right, it does not give that right up. A waiver counts only in writing.
• •Independent parties. These terms create no partnership, joint venture, agency or employment between us, and neither of us may bind the other.
• •No rights for others. Only you and we have rights under these terms; your users and customers do not.
• •Accepting online. Accepting these terms online has the same effect as signing them on paper. We keep a record of who accepted which version, and when.
• •Language. These terms are written in English, which governs. If you would like them in another language listed in the Eighth Schedule to the Constitution of India, write to support@draskencloud.com.
• •Headings and examples are there to help you read; they do not change the meaning.