Last Updated: November 2, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, INCLUDING THE INSTALLATION AND USE OF APPLICATIONS AND OTHER SERVICES WE MAKE AVAILABLE THROUGH THE SERVICE. THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. BY USING THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THE HOMEDOCK OS CODE OF CONDUCT.
This website and the HomeDock OS service are operated by Banshee Technologies S.L., a legally registered company with its principal address at Edif. Quorum I, III, IV e Innova, Avda. Universidad s/n, 03202 Elche (Alicante), Spain. HomeDock OS provides a cloud-based platform allowing users to install, configure, and manage a variety of applications and services within their personal cloud instances. The platform is designed to offer flexible and scalable solutions for individuals and businesses seeking to optimize their cloud usage.
These Terms of Service constitute a legally binding agreement between us (referred to as “we,” “our,” or “us”) and each user of HomeDock OS (referred to as “you,” “your,” or “User”). By accessing or using HomeDock OS or any related services, you agree to abide by all conditions set forth in these Terms. This agreement governs your use of the HomeDock OS platform and applies to all interactions with our website, applications, and any associated services provided by us.
By confirming your subscription and accessing HomeDock OS, you acknowledge and agree to the immediate provision of digital services, thereby waiving the right of withdrawal as outlined in the EU Consumer Rights Directive 2011/83/EU. For more information on withdrawal rights and exceptions, please refer to this directive or consult our support team before confirming your subscription.
For details on how we manage and protect your personal data, including the types of data collected, purposes, storage methods, and user rights, please refer to our Privacy Policy.
To access and use the HomeDock OS website and associated services, you must meet specific eligibility requirements. You must be at least 18 years old or have reached the age of legal majority as defined by the laws in your jurisdiction, whichever is greater. By using HomeDock OS, you confirm that you possess the legal authority and capacity to enter into and abide by these Terms, forming a binding agreement with us. This ensures that users can fully understand and accept the responsibilities and obligations outlined within these Terms.
Furthermore, you may not use HomeDock OS if doing so is restricted or prohibited by any applicable laws, regulations, or governmental restrictions that apply to you or your location. This includes any restrictions related to trade compliance, embargoed countries, or sanctioned individuals or entities. You are solely responsible for determining whether any such restrictions exist and for complying with all applicable laws that govern your use of HomeDock OS.
By accessing or using HomeDock OS, you represent and warrant that you meet all eligibility requirements and that no legal barriers prevent you from using our services. If you do not meet these requirements or if there is any restriction applicable to you, you must discontinue use of HomeDock OS immediately. We reserve the right to refuse access to our services to any user who does not comply with these eligibility criteria or who has previously violated these Terms.
HomeDock OS is a comprehensive cloud service that provides users with the tools to deploy, install, and manage a range of applications on their own personal cloud instances. Through a variety of subscription plans, HomeDock OS caters to individual users, professionals, and businesses looking to leverage cloud technology for scalable, customizable application hosting. Each instance operates within a secure, user-managed environment, allowing for flexible installation and configuration of supported applications to meet specific usage needs.
Users bear full responsibility for any content they upload, store, or otherwise manage within their cloud instances. This includes ensuring that all hosted content complies with relevant laws and regulations, as well as respecting intellectual property rights and maintaining data integrity. We do not monitor or manage user content and are not liable for any legal or operational issues stemming from user-generated content. Users are advised to exercise caution and good judgment when hosting or sharing content through their cloud instances.
Additionally, users are solely responsible for maintaining backups or snapshots of any data stored on their instances to prevent data loss. While HomeDock OS provides a reliable infrastructure, we do not guarantee data recovery in the event of accidental deletion, corruption, or unforeseen technical issues. It is strongly recommended that users create regular backups and, if necessary, store them in secure, external locations. By using HomeDock OS, you acknowledge and accept full responsibility for managing the security, accessibility, and integrity of your data and applications within your cloud instance.
The following activities are prohibited on HomeDock OS: cryptocurrency mining, artificial traffic generation, network misuse, malware distribution, and excessive resource consumption that impacts other users. These restrictions are enforced objectively and uniformly across all subscription plans. We reserve the right to suspend accounts violating these terms.
HomeDock OS offers the following subscription plans, designed to meet varying levels of user needs, from basic personal use to advanced professional capabilities:
Subscription fees may automatically convert to USD at the time of payment, depending on the user’s location or payment method. Additionally, we may introduce fixed USD pricing in the future for user convenience, managed through Stripe. Please note that all prices are subject to change; we reserve the right to adjust pricing at any time or correct any inadvertent pricing errors. Users will be notified of any substantial changes to subscription fees, and your continued use of the service after such changes constitutes acceptance of the revised pricing.
By confirming your subscription and accessing HomeDock OS, you consent to the immediate provision of digital services and waive the right of withdrawal under the EU Consumer Rights Directive 2011/83/EU. By subscribing to any plan, you agree to the recurring monthly charge associated with your selected plan. Payment will be deducted automatically each billing cycle, unless canceled in accordance with our cancellation policy. We recommend reviewing each subscription level to determine the plan that best meets your needs.
Users are solely responsible for the content they upload, manage, or host within their cloud instances. This includes, but is not limited to, ensuring that all content complies with local, national, and international laws, regulations, and any applicable industry standards. Users must not host or distribute any content that may be deemed unlawful, harmful, offensive, or otherwise prohibited. By using HomeDock OS, you acknowledge that we do not actively monitor individual instance content and shall not be held liable for legal repercussions, damages, or claims arising from the content hosted on your instances.
We reserve the right, at our sole discretion, to suspend or block access to any instance if we suspect, detect, or are informed of potential fraudulent use, activities deemed illegal, or violations of copyright and intellectual property rights. In such cases, no refunds will be issued, and we shall not be liable for any financial or other losses resulting from such suspension or termination. Users bear full responsibility for verifying the legality and security of the content they upload and share within their cloud instances.
All instances are provided on an "as-is" basis, with no guarantees regarding availability, security, or data integrity. Users agree that we are not liable for service outages, unauthorized access, data breaches, data loss, or interruptions, regardless of the cause, including third-party actions, technical issues, or maintenance. We strongly recommend users create and maintain independent backups of critical data stored in their cloud instance.
Furthermore, we disclaim all liability for legal actions, penalties, or financial losses incurred due to content or activities within the user’s instances, except in cases of gross negligence or willful misconduct on our part. Users assume full responsibility for any potential legal consequences, indemnifying us and holding us harmless from any claims, lawsuits, or damages arising from unlawful or unauthorized activities within their cloud environment, in the measure permitted by applicable law. This indemnification includes, but is not limited to, any costs or legal fees resulting from violations of intellectual property laws, privacy laws, or other regulations.
We reserve the right to monitor and audit, in specific and justified cases, the use of HomeDock OS instances to identify potential abuse, illegal activities, or misuse of service resources. These investigations will be conducted minimally and in compliance with users' privacy rights as required by applicable laws and regulations, including GDPR. Where abuse or unauthorized activities are detected, we reserve the right to suspend or restrict service access as deemed necessary.
The following activities are expressly prohibited on HomeDock OS, regardless of subscription plan: using the platform for cryptocurrency mining, generating artificial traffic, network misuse, distributing malware or harmful content, excessive resource usage to the detriment of other users, or any activity that places disproportionate load on servers or infrastructure. Should a user engage in such activities, we reserve the right to suspend or terminate their account without any refund.
All sales for HomeDock OS services are considered final, and under no circumstances will refunds be issued unless otherwise required by applicable law, including relevant EU consumer protection laws. By purchasing a subscription or any other service offered by HomeDock OS, you explicitly agree to this no-refund policy, acknowledging and accepting that all payments are non-refundable. This policy applies to all types of purchases, including but not limited to monthly or annual subscriptions, upgrades, add-ons, or any other services that may be introduced or provided within the HomeDock OS platform.
By confirming your subscription and accessing HomeDock OS, you consent to the immediate provision of digital services and waive the right of withdrawal under the EU Consumer Rights Directive 2011/83/EU.
The no-refund policy remains applicable regardless of your usage of the service, satisfaction with the service, or any other conditions, such as changes in personal circumstances, accidental purchases, or misunderstanding of service features. You agree that the responsibility to review the terms, features, and pricing associated with each subscription plan lies solely with you prior to making a purchase. As such, refunds or credits will not be issued for periods of non-use, dissatisfaction, technical issues, or failure to access or operate the service due to external factors, including but not limited to user device compatibility, internet connectivity, or any third-party software requirements.
In cases where a subscription is terminated, canceled, or suspended by us due to a breach of these Terms or due to violations of applicable laws or regulations, no refunds or credits will be issued for the remaining portion of the subscription term. Additionally, no partial refunds will be given for downgrades or voluntary changes to a lower-tier subscription plan during an active billing cycle. All users are advised to evaluate their needs and review the service offerings carefully before selecting a subscription plan or making a purchase.
We reserve the right to modify or amend this no-refund policy at any time without prior notice, and such changes will take effect immediately upon publication within these Terms or on the HomeDock OS website. Your continued use of the service or any additional purchases following any amendments to the policy constitutes your acceptance of the updated terms. In cases where a dispute arises regarding payments or this policy, our decision will be final and binding.
We reserve the right, at our sole discretion and at any time, to modify, suspend, or discontinue any aspect of the HomeDock OS services, including but not limited to features, functionality, pricing, or availability of certain services. Such modifications may occur for a variety of reasons, including but not limited to operational requirements, improvements to user experience, compliance with legal requirements, or to align with industry standards. You acknowledge and agree that these changes may occur without prior notice and that we are not liable for any impact such changes may have on your use or access to the service, except in cases of gross negligence or willful misconduct.
Additionally, we may impose limitations on certain features or functionalities, such as data storage capacity, number of applications that can be installed, bandwidth usage, or computational resources allocated to your cloud instance. These limitations are implemented to ensure stability, security, and fair use across all users of HomeDock OS. By agreeing to these Terms, you understand that access to certain aspects of the service may be restricted, limited, or modified at any time and that we bear no liability for any inconvenience or loss incurred due to such changes, unless otherwise required by law.
We may also, without prior notice, introduce or remove specific services, products, or functionalities within HomeDock OS, which may include beta features or experimental services that may be added or discontinued at our discretion. Any feature designated as beta or experimental is provided “as-is” with no warranty or guarantee of performance, stability, or future availability. You agree that we have no obligation to maintain or support such features and that their availability may be terminated at any time without liability to you or any other party, subject to applicable laws.
We reserve the right to suspend or restrict access to any part or the entirety of the HomeDock OS platform to comply with applicable laws, regulations, or any order issued by a governmental authority, or in cases where we identify or suspect any security risks, violations of our Terms, or other activity that could impact the integrity of our systems. In such cases, we are under no obligation to compensate users for any disruptions or loss of access to their data, applications, or cloud instances, except as required by law.
By continuing to use the HomeDock OS services, you agree to accept any such modifications, limitations, suspensions, or terminations of service without recourse. We are not liable for any resulting losses, financial or otherwise, nor for any alternative arrangements or adjustments you may need to make to continue accessing similar services or resources elsewhere.
We reserve the right, at our sole discretion and without prior notice, to suspend or terminate your account or restrict your access to the HomeDock OS services if we determine that you have violated any provision of these Terms, engaged in activities deemed harmful, unlawful, or disruptive, or otherwise failed to comply with applicable laws and regulations. This includes, but is not limited to, instances of unauthorized access, security breaches, fraudulent activities, or any behavior that may compromise the integrity, security, or functionality of the HomeDock OS platform or other users' experiences.
In the event that your access to the service is suspended or terminated, we are under no obligation to provide a refund or compensate for any unused portion of your subscription unless required by applicable law, including relevant EU consumer protection laws. If you have a paid subscription that renews automatically, and your account is terminated due to a breach of these Terms, your subscription will be discontinued at the end of the current billing period. No further charges will be applied, but you will not be eligible for any reimbursement or credits for the remaining time on your subscription. You agree to accept this policy as part of the HomeDock OS subscription agreement.
We further reserve the right to take appropriate legal action, as deemed necessary, to enforce these Terms or to protect our rights and interests, including the safety and security of our users and services. Should your account be suspended or terminated, you are prohibited from attempting to re-register or access the service through other accounts or means without our express written permission. We retain the right to reject any new accounts or access requests associated with users who have previously been suspended or terminated. By agreeing to these Terms, you acknowledge and accept our right to enforce these policies to maintain a secure and compliant service environment.
Notwithstanding any provision in these Terms, EU-based users maintain the right to seek resolution through the courts in their country of residence for any disputes arising from this contract, without prejudice to any other agreement to arbitrate disputes.
You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, agents, and representatives harmless from and against any and all claims, losses, liabilities, damages, expenses, or costs, including reasonable legal fees, arising from or related to your use of the HomeDock OS website or services, in the measure permitted by applicable law. This includes any claims or demands made by third parties due to or arising out of your breach of these Terms, any applicable laws or regulations, or any violation of the rights of another party.
By using the HomeDock OS services, you acknowledge that any content or data you upload, store, or transmit within the platform is solely your responsibility, and you agree to bear any consequences that may arise from your actions. We are not responsible for any interactions, disputes, or legal issues between users or between you and any third-party entity that may arise from your use of the service. You agree to fully cooperate with us in any legal proceedings, defense strategies, or dispute resolution efforts related to your actions on the platform.
This indemnification obligation includes any claims or liabilities arising from unauthorized use of the HomeDock OS services, infringement of intellectual property rights, defamation, libel, privacy violations, and any other unlawful activities or breaches of these Terms. You agree to compensate us for any damages or expenses incurred due to your conduct or content, except in cases prohibited by consumer protection law. This indemnity applies only to the extent permitted by the applicable consumer protection laws.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, business interruption, loss of goodwill, data loss, or other intangible losses arising out of or related to your use or inability to use the HomeDock OS services, except where such liability is the result of gross negligence or willful misconduct. This limitation of liability applies regardless of the nature of the claim, whether based on contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages. You expressly acknowledge and agree that your use of the service is at your own risk and that the service is provided "as-is" and "as available," without any warranties of any kind.
We shall not be responsible or liable for any inaccuracies, typographical errors, or omissions in content, or any interruptions, delays, or malfunctions of the service that may occur. This includes but is not limited to inaccuracies in account data, subscription details, or cloud instance configurations. Additionally, we assume no liability for any unauthorized access to our servers, breaches of security measures, or any loss or unauthorized disclosure of personal data or other information stored within the HomeDock OS platform. We maintain robust security practices, but we cannot guarantee that unauthorized third parties will never breach these measures.
In no event shall we be held liable for any damages resulting from the actions, omissions, or failures of third parties, including but not limited to service providers, data storage vendors, internet providers, or any other external entities involved in the operation of the service. Furthermore, we are not liable for any consequences that may arise from the interaction between HomeDock OS and any third-party applications or services, including data loss, service unavailability, or incompatibilities. You are solely responsible for verifying the suitability, security, and reliability of any third-party integrations with HomeDock OS. By agreeing to these Terms, you waive any rights to claim damages from us for losses incurred due to external factors beyond our reasonable control, except where prohibited by law.
We make no warranty regarding the interoperability or compatibility of HomeDock OS with third-party applications, services, or tools that the user may choose to integrate or use within their cloud instance. Any failures, vulnerabilities, or data loss resulting from such integrations are the sole responsibility of the user. Additionally, we are not liable for any damages, service interruptions, or losses arising from third-party services or applications.
We do not guarantee the accuracy, completeness, or correctness of any data, logs, or records generated through the use of HomeDock OS. The data provided is for general informational purposes only and should not be used for legal, audit, or compliance purposes without independent verification. We assume no responsibility for any errors, inaccuracies, or misinterpretations resulting from data or logs generated by the system.
We reserve the right to modify, update, or amend these Terms of Service at any time, and at our sole discretion. Any such modifications will be effective immediately upon being posted on the HomeDock OS website, unless otherwise specified. It is your responsibility to review these Terms periodically to stay informed of any changes. By continuing to use or access HomeDock OS services after changes have been posted, you acknowledge and accept the revised Terms as legally binding. If you do not agree with the revised Terms, you must immediately discontinue your use of the website and services.
When material changes are made to these Terms, we may provide additional notice to you, such as by sending an email to the address associated with your account, posting a notification within the HomeDock OS platform, or through other means we deem appropriate. These notifications are intended to assist you in understanding any significant updates to the Terms; however, failure to receive a notification does not waive your obligation to adhere to the revised Terms. We strongly encourage you to regularly check the HomeDock OS website for updates to avoid misunderstandings or missed changes.
If you find any modifications to be unacceptable, you may discontinue your use of the service at any time. Your continued access and use of HomeDock OS after a change constitutes a binding acceptance of the updated Terms, regardless of whether you have reviewed them. For this reason, we recommend that you retain copies of the most recent Terms for your records and review any modifications as they arise. EU users maintain the right to seek resolution through courts in their country of residence for any disputes arising from this contract, without prejudice to any other arbitration mechanism preferred within these Terms.
By providing your contact information, including but not limited to your email address, phone number, and mailing address, you consent to receive promotional communications from us regarding HomeDock OS services. These communications may include updates, newsletters, special offers, or other promotional materials that we believe may be of interest to you. Such communications may be sent via email, SMS, postal mail, or other available contact methods. For more information on how we handle your personal data, please review our Privacy Policy.
We are committed to respecting your privacy and will handle your contact information in compliance with applicable data protection laws, including the GDPR. You have the right to opt out of receiving promotional materials at any time. If you wish to stop receiving such materials, you may do so by following the unsubscribe link provided in any email communication, adjusting your preferences within your account settings (if available), or by contacting our support team directly to request removal from our promotional mailing lists.
Please note that even if you opt out of promotional communications, we may still send you essential information related to your account or the HomeDock OS services, including but not limited to billing notifications, updates to the Terms of Service, or changes affecting your subscription. These communications are necessary for the management of your account and are not considered promotional in nature. By agreeing to these Terms, you acknowledge and accept our right to send non-promotional service communications as needed.
These Terms of Service are governed by and shall be construed in accordance with the laws of Spain, without regard to its conflict of law principles. By using HomeDock OS services, you agree that any disputes, claims, or causes of action arising out of or related to these Terms or your use of the service shall be brought in the courts located in Alicante, Spain. However, EU consumers may also bring claims in the courts of their country of residence. You consent to the personal jurisdiction of these courts and waive any objections to jurisdiction or venue in these courts, including those based on inconvenient forum.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms. HomeDock OS services are provided primarily for digital or cloud-based use, and as such, any international sales conventions do not apply to these transactions. By agreeing to these Terms, you acknowledge that the laws governing international sales are not relevant to the services provided under this agreement.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the HomeDock OS service (each a "Dispute"), you and we agree to resolve any Dispute through binding arbitration as the preferred mechanism for dispute resolution. However, this does not prevent EU consumers from pursuing their rights in local courts if they choose. The arbitration shall be conducted in Alicante, Spain, in accordance with the Spanish arbitration rules in effect at that time, with a single arbitrator presiding over the dispute. This arbitration clause is intended to simplify and expedite dispute resolution while reducing legal costs.
Use of our logos, names, trademarks, and any other corporate identifiers is strictly prohibited without express written authorization. This includes, but is not limited to, the use of the corporate image in advertising campaigns, marketing, partnerships, publications, or any other use that implies a relationship with or endorsement by us of third parties or external services. Violation of this clause may result in appropriate legal action and, where applicable, the immediate termination of any related accounts or services.
By accessing or using HomeDock OS, you affirm your full and unconditional acceptance of these Terms and Conditions.