Terms of Service

Last updated: January 2026

1. Acceptance of Terms

By accessing or using the ServerMind software, services, websites, or documentation ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.

2. Definitions

For the purposes of these Terms:

  • "Agent" means a ServerMind software component installed on a single Linux server or virtual machine.
  • "On-Prem Software" means the ServerMind agents and related software components installed and operated on Customer infrastructure.
  • "Cloud Services" means the ServerMind licensing, authentication, and management services hosted by ServerMind.
  • "Services" means collectively the On-Prem Software, Cloud Services, websites, documentation, and related offerings.
  • "Licensed Agent Tier" means the maximum number of agents permitted under a subscription plan.
  • "Customer" means the individual or legal entity using the Services.
  • "Subscription" means a paid or free plan granting the right to use the Services under defined limits.

3. License Grant and Scope

ServerMind grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable license to install and run the ServerMind software and agents solely for Customer's internal business purposes, in accordance with the active subscription.

This license does not transfer ownership of the software.

The Customer may run up to the number of agents defined by the Licensed Agent Tier associated with their subscription.

4. License Enforcement and Overuse

Running more agents than permitted by the Licensed Agent Tier constitutes license overuse.

In the event of overuse, ServerMind may, at its discretion:

  • notify the Customer,
  • request an upgrade,
  • temporarily limit functionality,
  • or suspend access until compliance is restored.

No automatic billing for overuse is applied unless explicitly agreed.

5. Service Description

ServerMind is an agent-based Linux server management platform designed for monitoring, configuration, debugging, and operational control of Linux infrastructure.

The Services may include a cloud-based licensing and authentication component and on-premise software components installed by the Customer.

ServerMind reserves the right to modify, update, or discontinue parts of the Services with reasonable notice.

6. Data Collection and Telemetry

The ServerMind agent may transmit certain data to ServerMind cloud services for licensing, authentication, and diagnostic purposes.

Data that may be transmitted includes:

  • Instance identifiers and hardware fingerprints (for license validation)
  • Agent count and heartbeat signals
  • Basic system metadata (OS version, agent version)
  • Error logs and diagnostic information (when enabled by Customer)

Data that is NOT intentionally collected or transmitted:

  • Contents of Customer files or configurations
  • User credentials, passwords, or secrets
  • Personal data of Customer's end users
  • Network traffic or communications content

Telemetry data is used solely for licensing enforcement, service improvement, and diagnostic support. Customers may disable optional telemetry features where technically supported.

Note: Instance identifiers and hardware fingerprints are used for license validation purposes only and are not linked to personally identifiable information. For complete details on data handling and privacy, please refer to our Privacy Policy.

7. Data Ownership and Export

The Customer retains full ownership of all data created, stored, or processed through the Services on Customer infrastructure.

ServerMind does not claim ownership of Customer data and will not access, use, or disclose Customer data except as required to provide the Services or as required by law.

Data export functionality is available where technically supported. ServerMind does not guarantee specific export formats or retention periods.

8. Confidentiality

ServerMind will treat as confidential any non-public Customer information disclosed to ServerMind through the Services, support interactions, or other communications.

ServerMind will not disclose confidential Customer information to third parties except:

  • as necessary to provide the Services,
  • with Customer's consent,
  • as required by law, regulation, or valid legal process,
  • to professional advisors bound by confidentiality obligations.

This confidentiality obligation does not apply to information that is publicly available, independently developed, or rightfully obtained from third parties.

9. Customer Responsibilities (On-Prem Model)

The Customer is solely responsible for:

  • the security, availability, and operation of their infrastructure,
  • system configurations and access permissions,
  • compliance with applicable laws and regulations.

ServerMind does not access Customer systems directly and operates only through Customer-installed agents.

10. User Accounts and Security

The Customer is responsible for maintaining the confidentiality of account credentials and for all activities conducted under their account.

You must notify ServerMind immediately of any unauthorized access or security breach.

11. Payment and Billing

Paid subscriptions are billed according to the selected Licensed Agent Tier and billing period.

Payments are processed through Paddle, or another authorized payment provider if ServerMind introduces one in the future.

All fees are non-refundable except where required by applicable law (including EU consumer protection rights) or as handled in accordance with Paddle's refund policies. Pricing may change with at least 30 days' notice for active subscriptions.

Taxes, VAT, or similar charges may apply based on jurisdiction.

12. Payment Disputes, Refunds, and Chargebacks

As Paddle acts as Merchant of Record, payment disputes, refund requests, and chargebacks are handled by Paddle in accordance with their policies and applicable consumer protection laws.

ServerMind may assist in resolving disputes by providing transaction and usage data to Paddle. In the event of an unresolved payment dispute or chargeback:

  • ServerMind may suspend access to the Services until the dispute is resolved
  • Suspension is automatic and based on payment status data received from Paddle
  • You may request human review of any suspension by contacting [email protected]

PCI DSS compliance for payment processing is the responsibility of Paddle as Merchant of Record.

13. Automated Enforcement Actions

ServerMind may apply automated enforcement in the following cases:

  • License overuse: if active agents exceed the Licensed Agent Tier, the system may automatically limit functionality until the Customer upgrades or reduces agent count
  • Non-payment: if payment fails or is disputed, access may be automatically restricted based on billing status from Paddle
  • Abuse detection: if automated systems detect patterns consistent with Terms violations (e.g., unauthorized redistribution, security attacks), access may be temporarily restricted

All automated enforcement actions are based on objective technical or billing data, not personal profiling. The Customer may request human review of any automated action by contacting [email protected].

14. Free Plan

Free plans may be subject to limitations such as a maximum number of agents.

ServerMind may modify or discontinue free plans at any time, with reasonable notice.

15. Acceptable Use

You may not:

  • reverse engineer or attempt to extract source code, except where permitted by applicable law (including EU Directive 2009/24/EC on the legal protection of computer programs),
  • bypass license enforcement mechanisms,
  • use the Services for unlawful purposes,
  • interfere with the operation or security of the Services,
  • conduct unauthorized security testing, penetration testing, or vulnerability scanning against the Cloud Services without prior written consent,
  • use the Services to facilitate unauthorized cryptocurrency mining on managed infrastructure,
  • resell, sublicense, or provide the Services to third parties without authorization.

16. Third-Party Software

The Services may include or rely upon third-party software components, open-source libraries, and system tools.

Such third-party components are governed by their respective licenses and terms. ServerMind makes no additional warranties regarding third-party software beyond those provided by the original licensors.

A list of open-source components and their licenses is available at servermind.io/docs#open-source or upon request at [email protected].

17. Service Availability and Maintenance

ServerMind may perform scheduled or emergency maintenance that may temporarily affect the availability of cloud services (licensing, authentication). Core on-premise functionality is designed to operate without continuous cloud availability, subject to license validation, authentication, and other documented service dependencies.

Where possible, scheduled maintenance will be announced in advance. Emergency maintenance may be performed without prior notice to address security vulnerabilities or critical issues.

18. No Service Level Agreement and Disclaimer of Warranties

Unless explicitly agreed in a separate written agreement (e.g., an Enterprise SLA), the Services are provided "as is" and "as available", without uptime guarantees or service level commitments.

ServerMind expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

ServerMind does not warrant that the Services will be uninterrupted, error-free, secure, or meet specific requirements. The Customer assumes all responsibility for selecting the Services to achieve intended results.

19. Termination

ServerMind may suspend or terminate access to the Services in the event of:

  • material breach of these Terms,
  • non-payment,
  • security risk,
  • or unlawful use.

Upon termination, the license granted under these Terms immediately ends. The Customer must promptly cease use of the Services and disable or remove the On-Prem Software within a reasonable timeframe.

ServerMind may technically restrict functionality or license validation upon termination, including disabling agent heartbeat validation and cloud service access. On-premise data remains under Customer control.

20. Limitation of Liability

To the maximum extent permitted by law, ServerMind shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or business interruption.

ServerMind's total liability shall not exceed the fees paid by the Customer for the Services during the twelve (12) months preceding the claim.

21. Intellectual Property

All intellectual property rights in the Services, including software, documentation, trademarks, and trade secrets, remain with ServerMind or its licensors.

These Terms do not grant the Customer any rights to ServerMind's intellectual property except the limited license expressly provided herein.

22. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

  • natural disasters, acts of God, or severe weather events,
  • war, terrorism, civil unrest, or government actions,
  • epidemics or pandemics,
  • failures of third-party cloud infrastructure, internet service providers, or telecommunications networks,
  • cyberattacks, DDoS attacks, or security incidents affecting infrastructure providers,
  • power outages or utility failures,
  • changes in applicable law or regulation.

The affected party shall promptly notify the other party of the force majeure event and its expected duration. If the event continues for more than 60 days, either party may terminate the affected Services.

23. Indemnification

The Customer agrees to indemnify, defend, and hold harmless ServerMind (ExelionTech EOOD), its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • the Customer's use of the Services in violation of these Terms,
  • the Customer's violation of applicable laws or regulations,
  • any unauthorized access to or use of the Services through the Customer's account,
  • any data or content processed through the Customer's on-premise installations.

This indemnification obligation survives termination of these Terms.

24. Assignment

ServerMind may assign or transfer these Terms, in whole or in part, as part of a merger, acquisition, corporate reorganization, or sale of assets, without the Customer's consent.

The Customer may not assign or transfer these Terms or any rights hereunder without ServerMind's prior written consent.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of Bulgaria, without regard to conflict of law principles. Mandatory provisions of applicable European Union law shall apply where required.

Any disputes arising from or related to these Terms shall be subject to the jurisdiction of the competent courts in Sofia, Bulgaria. For Enterprise customers with separate written agreements, alternative dispute resolution mechanisms (including arbitration) may be agreed upon.

26. Dispute Resolution for Enforcement Actions

The following applies to enforcement decisions taken under these Terms:

  • Customers may contest enforcement decisions (account restrictions, service suspensions) by contacting [email protected]
  • We will review contested decisions within 14 business days and provide a reasoned response
  • If unsatisfied with the outcome, Customers may seek resolution through applicable out-of-court dispute settlement mechanisms
  • Nothing in these Terms limits the Customer's right to bring proceedings before the competent courts

Enforcement actions and their reasons are communicated to affected Customers with a clear statement of facts and applicable Terms provisions.

27. Changes to Terms

ServerMind may update these Terms from time to time. Where permitted by applicable law, continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

For material changes, ServerMind will provide reasonable notice through the Services, by email, or other appropriate means. For material changes, Customers may be required to explicitly re-accept updated Terms through the customer portal before continued use.

28. Survival

The following sections shall survive termination or expiration of these Terms:

  • Section 6 (Data Collection and Telemetry)
  • Section 7 (Data Ownership and Export)
  • Section 8 (Confidentiality)
  • Section 11 (Payment and Billing) — for outstanding obligations
  • Section 18 (No Service Level Agreement and Disclaimer of Warranties)
  • Section 20 (Limitation of Liability)
  • Section 21 (Intellectual Property)
  • Section 22 (Force Majeure)
  • Section 23 (Indemnification)
  • Section 25 (Governing Law and Jurisdiction)
  • and any provisions which by their nature should survive termination.

29. Contact Information

For legal or contractual questions, contact: [email protected]