Terms of Service

These Terms of Service govern your access to and use of the Host360 website, the Host360 Client Portal, and all cloud infrastructure and related services provided by Host360, incorporated under the Companies Act, 2013 ("Host360," "we," "us"). By creating an account, signing a Service Order, or using any Host360 service, you accept these Terms on behalf of yourself and the organisation you represent, and you confirm you have authority to bind that organisation. Where you have executed a separate Master Services Agreement, Service Order, Statement of Work or Data Processing Agreement with Host360, those documents take precedence over these Terms to the extent of any conflict. Together they form the complete agreement between us. If you do not accept these Terms, do not use our services.

Services means Host360 public cloud, private cloud, GPU and AI infrastructure, bare metal servers, virtual machines, Kubernetes, storage, networking, backup, disaster recovery, colocation, migration and managed services. Client Portal means the Host360 web interface for provisioning resources, monitoring consumption, managing billing and raising support requests. Customer Content means all data, applications, databases, datasets, model weights, media, logs and backups you upload to, generate on, or process using the Services. Service Order means the ordering document specifying the resources, configuration, term, pricing and any custom SLA agreed between us.

Host360 provides business-to-business infrastructure services. You must be at least 18 years old and legally capable of entering binding contracts. We do not knowingly provide services to individuals below that age. You must supply accurate, current registration details and keep them updated. Regulated or high-capacity deployments may require KYC documentation, including company registration and authorised signatory identification, before provisioning. You are responsible for all activity under your account. That includes safeguarding credentials, enabling multi-factor authentication, rotating API keys and SSH keys, applying least-privilege roles, and promptly removing access for departing personnel. Notify us immediately at sales@host360.ai if you suspect unauthorised access. Where your organisation's administrator creates accounts for your team, that administrator controls access rights and can view activity within your tenancy. You may not share credentials, resell Portal access, or permit access by any party not authorised under your agreement, except where a reseller or white-label arrangement has been separately agreed in writing.

Services are provisioned against a Service Order or through self-service configuration in the Client Portal. Each Service Order specifies the resources, region, term and pricing that apply. We provision your environment within the timelines stated in your Service Order or, absent that, within a commercially reasonable period after order confirmation and — where applicable — receipt of advance payment or KYC clearance. Availability of specific resources, including particular GPU models, storage tiers and network capacity, is subject to capacity at the time of order. Where a requested configuration is unavailable, we will inform you and propose alternatives before provisioning. We may modify, improve or discontinue individual Service features. For changes that materially reduce functionality you rely on, we will give at least 60 days' written notice and, where a suitable alternative cannot be provided, allow you to terminate the affected Service without penalty. Scheduled maintenance is notified in advance through the Client Portal and by email. Emergency maintenance addressing security or stability may be performed with shorter or no notice, and we will inform you as soon as practicable.

Fees are set out in your Service Order or in the Client Portal pricing published at the time of provisioning. Unless stated otherwise, pricing is denominated in Indian Rupees and exclusive of GST and other applicable taxes, which are charged additionally. Consumption-based Services are metered and billed monthly in arrears based on Host360's usage records, which are the authoritative measure absent manifest error. Committed, reserved and dedicated Services are billed as specified in the Service Order, typically in advance. Invoices are payable within 7 days of the invoice date unless different terms are agreed in writing. Overdue amounts may attract interest. If payment remains outstanding beyond 30 days after the due date, we may suspend Services after written notice. Suspension does not relieve you of accrued charges, and reactivation may incur a reinstatement fee. Fees are non-refundable except where an SLA service credit applies or where we terminate for convenience, in which case prepaid fees for the unused period are refunded on a pro-rata basis. We may revise pricing on at least 30 days' written notice, effective from your next billing cycle. Pricing fixed in a committed-term Service Order remains unchanged for that term. Billing disputes must be raised within 30 days of the invoice date with reasonable supporting detail. Undisputed amounts remain payable while a dispute is under review.

You may use the Services only for lawful business purposes and in compliance with applicable Indian law and the laws of any jurisdiction where you operate. You must not use the Services to store, transmit or process material that is illegal, infringing, defamatory, obscene, or that constitutes child sexual abuse material. You must not distribute malware, ransomware, spyware or similar malicious code. You must not send unsolicited bulk email, operate phishing infrastructure, or engage in fraudulent activity. You must not attempt to gain unauthorised access to any system, network or account, conduct port scanning, penetration testing or denial-of-service attacks against third parties, or interfere with other customers' use of the platform. Security testing against your own environment is permitted with prior written notice to sales@host360.ai You must not use the Services in a way that degrades platform stability, circumvents resource limits or metering, or reverse-engineers the underlying infrastructure. Where you use GPU and AI infrastructure, you remain responsible for the lawfulness of your models, training data and outputs, including compliance with intellectual property, data protection and applicable AI governance requirements. You must not use the Services to generate material prohibited under this section. We do not routinely monitor Customer Content. However, we investigate credible abuse reports and may act where we have reasonable grounds to believe this section has been breached. Report abuse to abuse@host360.ai].

Host360 secures and operates the underlying infrastructure: physical data centre security, power and cooling, host hardware, hypervisor and virtualisation layers, storage systems, core network, and the availability of managed control planes. You are responsible for what you run on that infrastructure: operating system hardening and patching, application security, credential and key management, IAM configuration, network and firewall rules within your environment, encryption choices, data classification, backup validation, and compliance obligations specific to your industry and data. Where you purchase Managed Services, the division of responsibility shifts as specified in the relevant Service Order or Statement of Work. Absent explicit written scope, responsibility remains as described above. Failure to meet your responsibilities under this section may void SLA claims arising from the resulting incident.

You retain all ownership rights in Customer Content. You grant Host360 only the limited licence necessary to host, transmit, store and process it in order to deliver the Services. Host360 does not read, scan, index, analyse or monetise Customer Content, and does not use it to train, fine-tune, benchmark or evaluate any AI model. Our engineers access customer environments only when you request support, when a managed services contract authorises it, when platform integrity requires incident investigation, or when legally compelled. All privileged access is authenticated, role-based and logged. You are responsible for the lawfulness of Customer Content, for obtaining any necessary consents, and for having the right to process it. Where Customer Content includes personal data, you act as Data Fiduciary and Host360 as Data Processor. Our handling of personal data is described in our Privacy Policy, and regulated customers should execute a Data Processing Agreement. Backups are your responsibility unless separately purchased. Host360 maintains platform-level redundancy for infrastructure resilience, but that is not a substitute for customer backups. Where you purchase Backup-as-a-Service or DRaaS, retention, RPO and RTO are governed by that Service Order. On termination, Customer Content is deleted using secure erasure procedures after the grace period stated in Section 12, with backup and DR replicas purged on their configured rotation cycle. Certified deletion attestations are available on request.

Host360 provides uptime commitments and support response targets as set out in the applicable SLA. Custom SLAs covering uptime, RTO, RPO and support response can be negotiated for private cloud and enterprise engagements. Where we fail to meet a committed service level, your exclusive remedy is the service credit calculated under the SLA. Credits must be claimed within 30 days of the incident and are applied against future invoices; they are not payable in cash. SLA commitments exclude downtime caused by scheduled maintenance notified in advance, emergency maintenance, your own configuration or application faults, breach of Section 6 or Section 7, third-party services outside our control, and force majeure events. Support is provided 24x7 through the Client Portal and the channels stated in your Service Order, with response targets by severity as defined in the SLA.

Each party may receive confidential information from the other. Both parties agree to protect it with at least reasonable care, use it only for purposes of this agreement, and not disclose it except to personnel and advisers bound by equivalent obligations. Confidentiality does not apply to information that is publicly available without breach, independently developed, lawfully received from a third party, or required to be disclosed by law — in which case the disclosing party will be notified where legally permitted. Host360 retains all intellectual property rights in the Services, the Client Portal, our platform architecture, tooling, documentation and branding. Nothing in these Terms transfers those rights to you. You retain all intellectual property rights in Customer Content and in any applications and models you build. If you provide feedback or suggestions about the Services, we may use them without obligation or compensation.

The Services incorporate third-party and open-source technologies including Nutanix, VMware, OpenStack, Proxmox, Kubernetes, and — where you purchase multi-cloud managed services — AWS and Microsoft Azure. Your use of these technologies through Host360 is subject to the relevant vendor's licence terms, which we will make available on request. Where you bring your own licences, you are responsible for their validity and compliance. Host360 is not responsible for defects, outages or discontinuation originating in third-party platforms or hyperscaler environments. Where such an issue arises, we will use commercially reasonable efforts to escalate through our partner channels and keep you informed. Where we manage workloads in your own AWS or Azure accounts, your contractual relationship with those providers remains directly with them.

We may suspend Services immediately where there is an active security threat, a breach of Section 6, a legal or regulatory requirement, or non-payment following notice under Section 5. Where circumstances permit, we will give prior notice and an opportunity to remedy. Suspension is limited in scope and duration to what the circumstances reasonably require. Either party may terminate for material breach if the breach is not remedied within 30 days of written notice. Either party may terminate immediately on the other's insolvency, liquidation or comparable proceedings. You may terminate consumption-based Services at any time through the Client Portal, with charges accruing to the point of termination. Committed-term Services may be terminated early only as stated in the Service Order, and early-termination charges may apply. Host360 may terminate for convenience on at least 60 days' written notice, refunding prepaid fees for the unused period on a pro-rata basis. On termination, your access to the Services ends and outstanding charges become immediately payable. You have 30 days from the effective termination date to retrieve Customer Content, after which it is permanently deleted. Migration assistance beyond standard data export is available as a chargeable professional service.

We warrant that the Services will be provided with reasonable skill and care by suitably qualified personnel, in accordance with the applicable SLA and applicable law. Except as expressly stated in these Terms and the SLA, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that all defects will be corrected. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, or loss or corruption of data — even if advised of the possibility. Loss of data is expressly excluded where you have not purchased Backup-as-a-Service or DRaaS. These limitations do not apply to your payment obligations, either party's indemnification obligations, breach of confidentiality, infringement of the other's intellectual property, or liability that cannot be excluded under applicable law including fraud, wilful misconduct and death or personal injury caused by negligence.

Indemnity. You will indemnify Host360 against third-party claims arising from Customer Content, your breach of Section 6, your violation of applicable law, or your infringement of third-party intellectual property. Host360 will indemnify you against third-party claims that the Services as provided by us infringe Indian intellectual property rights, provided you notify us promptly, allow us to control the defence and cooperate reasonably. Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, fire, flood, war, terrorism, civil unrest, epidemic, government action, sustained utility or telecommunications failure, or large-scale internet disruption. The affected party will notify the other promptly and resume performance as soon as practicable. Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or acquisition of substantially all assets. We may assign to an affiliate or successor entity. Changes to these Terms. We may update these Terms to reflect changes in our services, technology or legal obligations. For material changes we will give at least 30 days' notice by email to Client Portal account holders and post notice on our website. Continued use after the effective date constitutes acceptance. Terms fixed in a signed Master Services Agreement change only by written amendment. Publicity. Neither party will use the other's name or logo publicly without prior written consent, except that Host360 may list you in a customer roster where you have separately agreed. Notices. Formal notices to Host360 go to legal@host360.ai and the registered address above. Notices to you go to the contact details in your Client Portal account. Operational communications may be delivered through the Portal or by email. Severability and waiver. If any provision is held unenforceable, the remainder stays in force. Failure to enforce a right is not a waiver of it. Entire agreement. These Terms, together with your Service Orders, SLA, Data Processing Agreement, Acceptable Use Policy and Privacy Policy, form the entire agreement and supersede prior discussions on the same subject.

These Terms are governed by the laws of India. The parties will attempt in good faith to resolve any dispute through discussion between senior representatives within 30 days of written notice. Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement. The seat and venue of arbitration is Mumbai, proceedings will be in English, and the award is final and binding. Either party may seek interim injunctive relief from the courts at Mumbai without waiting for arbitration. Subject to the above, the courts at Mumbai have exclusive jurisdiction. Host360 · sales@host360.ai · www.host360.ai