On this page
1. About these terms
These terms govern your use of Nitrous: the website at nitrous.sh, the dashboard, and the API at api.nitrous.sh (together, the "Service"). The Service is provided by Odd Theory, Sweden ("we", "us"). By creating an account or using the Service you agree to these terms. If you use the Service on behalf of an organization, you agree to them on its behalf and confirm that you may.
2. Your account
- You must be at least 18 years old and give accurate information when you sign up.
- You are responsible for your account, your credentials and your API keys, and for everything done with them. Keep them secret, and report suspected misuse to security@nitrous.sh.
- During early access, accounts are created by invitation. We may decline or limit access at our discretion.
3. The Service
Nitrous lets you create short-lived Linux machines, run workloads on them and destroy them. Machines are disposable: when a machine ends, its disk and everything on it are deleted. Its output stays readable for 7 days, then it is deleted. Keep your own copy of anything you need.
We work to keep the Service fast and available, but we provide it as it is and as available, and we may change, add or remove features. We will tell you in advance about changes that materially reduce what you rely on, where we reasonably can.
4. Acceptable use
You may not use the Service to:
- break the law, or store or distribute content that is illegal or infringes the rights of others;
- send spam or unsolicited bulk messages;
- attack, scan, probe or disrupt any system or network without its owner's permission, including ours;
- distribute malware, run botnets, or host phishing or fraud;
- mine cryptocurrency;
- attempt to break a machine's isolation, or to reach another customer's machines or data;
- get around the Service's limits, billing or security;
- resell the Service as a standalone offering without our written agreement.
These rules are also published as our Acceptable Use Policy.
We may investigate suspected violations and suspend the machines or account involved. Where we can, we will tell you first and give you a chance to fix the problem.
Report abuse of the Service to abuse@nitrous.sh.
5. Your content
What you run on the Service, and the data you put into it, stays yours. You give us only the rights needed to operate the Service for you. We do not look at your workloads or their output except to operate and secure the Service, to help you when you ask, or when the law requires it.
You are responsible for your content and workloads, and for having the right to process any data you put into the Service.
6. Fees and payment
- The subscription costs $59 a month, paid in advance, and includes 400 standard-hours each billing period. Included hours do not carry over.
- Prices are in US dollars and exclude VAT and other applicable taxes, which are added at checkout. Polar Software, Inc. is our merchant of record: it processes payments and issues invoices.
- Usage beyond the included hours is charged by the second at the rates published on our website and in the API, from a prepaid usage balance. When the balance runs out, machines stop unless you have turned on auto-recharge.
- Auto-recharge is off unless you turn it on. When you turn it on, you authorise us to charge your saved payment method the top-up amount you choose, plus VAT, each time your usage balance runs low, up to the monthly limit you set. You can turn it off at any time; a charge already under way completes.
- Subscription fees and prepaid balances are not refundable, except where the law requires it or where we end the Service for reasons other than your breach of these terms.
- We may change prices with at least 30 days' notice. Changes apply from your next billing period.
7. Suspension and termination
You may delete your account at any time in the dashboard's settings. Deletion destroys your machines, revokes your API keys and ends your subscription.
We may suspend or close your account if you breach these terms, if payment fails, or if your use puts the Service or others at risk. Unless the situation is urgent, we will give you notice and a reasonable chance to respond.
8. Liability
To the extent the law allows, we are not liable for indirect or consequential loss, lost profits, lost revenue or lost data, and our total liability for any claim is limited to the fees you paid us in the 12 months before the event that caused it. Nothing in these terms limits liability for gross negligence, wilful misconduct, or anything else that cannot be limited by law.
You will indemnify us against third-party claims arising from your content or from your use of the Service in breach of these terms.
9. Data protection
How we handle personal data about you is described in our Privacy Policy.
If your workloads process personal data, we process it on your behalf as your processor under Article 28 of the GDPR: only to run the Service as you instruct through these terms and your use of the API, with appropriate security, with the subprocessors listed in the Privacy Policy, within the European Union, and with everyone who can access it bound to confidentiality. We keep it for these periods:
- Machine disks: deleted when the machine ends.
- Machine output and logs: deleted 7 days after the machine ends.
- Custom images, their Dockerfiles and build logs: kept until you delete the image or your account.
We will help you meet your obligations to data subjects and supervisory authorities where we reasonably can, and tell you without undue delay about a personal data breach affecting your data.
10. Changes to these terms
We may update these terms. We will give at least 30 days' notice of material changes by email or in the dashboard. If you do not agree, you may delete your account before they take effect.
11. Law and disputes
These terms are governed by Swedish law. Disputes will be settled by the courts of Sweden. If you are a consumer, you keep the protection of the mandatory laws of the country where you live.
12. Contact
Odd Theory, Sweden · legal@nitrous.sh