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Terms of Service

Last Updated: November 1, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND TINAVE (“TINAVE,” “WE,” “US,” OR “OUR”). BY REGISTERING AN ACCOUNT, PROVISIONING AN INSTANCE, CLICKING “I AGREE,” OR USING ANY PORTION OF OUR MANAGED HOSTING PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Agreement Structure & Definitions

  • “Account” means the primary administrative profile created by a Customer to access the Tinave Platform and manage hosting environments.
  • “Customer” (“You,” “Your”) means the individual or legal entity purchasing or using the Services. If you register on behalf of a company, you represent that you possess lawful authority to bind that entity.
  • “Customer Application” means any WordPress installation, WooCommerce store, custom PHP application, database, static site, media, or codebase deployed, uploaded, or run by Customer on Tinave infrastructure.
  • “Platform” means the Tinave client dashboard, management console, control panels, command-line interfaces (CLI), APIs, and billing portals.
  • “Services” means all managed WordPress hosting, edge caching, staging environments, automated backups, container runtimes, DNS routing, technical support, and related network services provided by Tinave.
  • “AUP” means Tinave’s Acceptable Use Policy incorporated herein by reference.
  • “DPA” means the Data Processing Agreement entered into between Customer and Tinave.

2. Account Registration, Security & Access

  1. Eligibility: You must be at least 18 years old (or the legal age of majority in your jurisdiction) and competent to enter into a legally binding contract.
  2. Account Integrity: You agree to provide true, accurate, current, and complete registration details, including legal business name, billing address, and valid corporate contact info. Providing fraudulent or misleading data is grounds for immediate termination.
  3. Credential Security: You are solely responsible for maintaining the confidentiality of your credentials, SSH keys, SFTP passwords, and API tokens. You must enforce two-factor authentication (2FA) across all team members accessing your Platform account.
  4. Unauthorized Access: Tinave is not liable for unauthorized access, data exfiltration, or financial damage resulting from compromised passwords, lost device tokens, or unauthorized user invitations made by your account administrators. You must notify Tinave immediately at security@tinave.com upon discovering any breach.

3. Scope of Managed Services & Customer Responsibilities

3.1 What Tinave Provides

Tinave delivers managed hosting infrastructure, including:

  • Provisioning and maintaining isolated container environments, web server daemons, PHP execution runtimes, and database clusters.
  • Core infrastructure uptime monitoring, network routing, and edge DDoS protection.
  • Routine, automated system backups (subject to Section 6).
  • Optional automated updates for WordPress core, provided as a platform convenience.

3.2 Customer Responsibilities & Exclusions

  • Application-Layer Administration: Customer is solely responsible for writing, maintaining, testing, updating, and auditing all Customer Applications, custom themes, custom plugins, database queries, and third-party scripts.
  • Third-Party Themes and Plugins: Tinave exercises no control over third-party WordPress themes, plugins, or third-party API dependencies. Tinave disclaims all liability for site errors, white-screen fatal errors, memory exhaustion, security vulnerabilities, or database corruption caused by third-party code.
  • Updates and Regressions: While Tinave may deploy automated updates or security patches for underlying container environments and WordPress core, Customer is solely responsible for verifying compatibility. Tinave is not responsible for broken layouts, database migration failures, or WooCommerce checkout breaks caused by upstream theme/plugin conflicts.
  • DNS Configuration: Customer is responsible for configuring and directing its domain names (DNS A/CNAME/ALIAS records) to Tinave edge IP addresses.

4. Resource Allocation & Fair Use Policy

  1. Container Isolation: Every Customer Application is deployed inside an isolated container runtime with designated CPU, RAM, disk I/O, and PHP worker allocations based on the subscribed plan.
  2. Unmetered & Resource Fair Use: Where plans designate “unmetered” bandwidth or visits, such designations are subject to reasonable shared infrastructure limits. Resources may not be consumed in a manner that degrades, crashes, or starves neighboring tenants on underlying hardware nodes.
  3. Throttling & Emergency Action: If a Customer Application causes unmitigated runaway CPU load, memory loops, unindexed database query deadlocks, or un-cached traffic spikes that risk overall node health, Tinave reserves the right to:
    • Dynamically rate-limit or throttle execution workers.
    • Force server-side page caching rules.
    • Temporarily isolate or suspend the offending instance until the customer resolves the architectural bottleneck.

5. Security, Malware & Quarantine Rights

  1. Prohibited Vulnerabilities: Customer shall not deploy nulled, cracked, or pirated plugins/themes, known malware, backdoors, webshells, or obsolete software with publicly exploitable CVEs.
  2. Quarantine Rights: If malicious code, phishing endpoints, outgoing spam scripts, or botnet command-and-control listeners are detected within your environment, Tinave reserves the absolute right to immediately:
    • Quarantine, isolate, or disable offending files or database tables without prior notice.
    • Temporarily suspend external web traffic to the infected instance.
  3. Remediation: Tinave will notify Customer of quarantined items via ticket or registered email. Customer must clean and secure the instance before normal public operations are restored.

6. Backups, Data Loss & Disaster Recovery

  1. Operational Backups: Tinave creates automated snapshots and backups as an operational feature of the Platform. These automated tools are intended for day-to-day deployment rollback and general operational recovery.
  2. Customer’s Ultimate Backup Duty: YOU ACKNOWLEDGE AND AGREE THAT TINAVE’S AUTOMATED BACKUPS DO NOT SUBSTITUTE FOR YOUR INDEPENDENT DISASTER RECOVERY PROTOCOLS. Customer retains the sole obligation to generate, verify, and store encrypted off-site backups of its code, media assets, and relational databases.
  3. Data Loss Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, TINAVE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, CORRUPTED DATABASES, FILE DESTRUCTION, OR FAILED RESTORATIONS RESULTING FROM UPSTREAM HARDWARE BREAKDOWN, RANSOMWARE, DISK FAILURES, OR CUSTOMER OPERATIONAL ERROR.

7. Migration Services

  1. Assisted Migrations: If Tinave provides automated or technician-assisted website migration services, such assistance is provided as a convenience.
  2. Verification Prior to DNS Cutover: Customer is strictly responsible for reviewing, testing, and confirming the complete functional integrity of migrated databases, forms, user sessions, custom fields, and WooCommerce transactional setups in a staging environment before switching live production DNS records.
  3. Disclaimer of Migration Liability: Tinave is not responsible for missing historical logs, un-migrated proprietary server cron jobs, or database mismatches that Customer failed to audit prior to production launch.

8. Billing, Payments, Renewals & Taxes

  1. Billing Cycles & Advance Payment: Hosting fees are billed in advance on a recurring monthly or annual basis, as selected during checkout.
  2. Automatic Renewal: All subscriptions renew automatically at the then-current standard rates unless canceled by Customer prior to the renewal date via the Platform dashboard.
  3. Payment Authorization: You authorize Tinave (and its PCI-DSS compliant third-party payment processors) to store payment credentials and automatically bill the designated card or account on file for recurring subscription charges and billable add-ons.
  4. Failed Payments & Grace Period: If a scheduled charge fails, Tinave will notify Customer. If payment is not satisfied within three (3) calendar days, Tinave may suspend access to the Platform and hosted instances. If payment remains outstanding after fourteen (14) calendar days, Tinave reserves the right to terminate the account and permanently delete all associated containers and data volumes.
  5. Taxes: All fees are exclusive of applicable taxes. Customer is responsible for all applicable sales tax, VAT, and Goods and Services Tax (GST). For Indian customers, GST (18% SAC 998315) will be added to the invoice total. B2B customers claiming input tax credits or reverse-charge export treatment must provide valid tax identification numbers (e.g., GSTIN / VAT ID) prior to billing.
  6. Refunds & Guarantees:
    • Monthly and annual managed hosting plans may qualify for a 30-day money-back guarantee for first-time accounts, as explicitly defined on our website checkout.
    • Dedicated hardware nodes, custom enterprise clusters, domain registrations, migration rush fees, SSL certificates, and third-party software licenses are non-refundable under all circumstances.
    • Chargebacks or payment disputes initiated without first opening a billing ticket with Tinave constitute a material breach, triggering immediate account suspension.

9. Acceptable Use & Prohibited Activities

You agree to comply with Tinave’s Acceptable Use Policy. Without limiting the generality of the foregoing, you must not host, deploy, transmit, or link to:

  • Illegal Content: Child Sexual Abuse Material (CSAM/CSAE), terrorism propaganda, defamatory material, or tools facilitating human trafficking.
  • Malicious Infrastructure: Crypto-mining software, botnet controllers, DDoS flood tools, vulnerability scanners, port scanners, or credential-stuffing exploits.
  • Spam & Mail Relays: Unsolicited bulk email (UBE/UCE), open mail relays, phishing templates, deceptive spoofing, or any operation that results in Tinave IP space appearing on Spamhaus, SORBS, or other RBL blacklists.
  • Proxy and Torrent Gateways: Public open proxies, TOR exit nodes, seedboxes, torrent indexers, or unauthorized VPN relays.
  • Intellectual Property Infringement: Nulled software, warez, counterfeit material, or unauthorized distribution of copyrighted media.

Violations of this section will result in immediate termination without notice, refund, or data export rights.

10. Intermediary Status & Notice-and-Takedown (DMCA / Indian IT Act)

  1. Intermediary Status: Tinave operates strictly as a technical intermediary, pipeline, and hosting infrastructure provider under Section 79 of the Indian Information Technology Act, 2000, and equivalent international safe-harbor legal frameworks (e.g., US DMCA 17 U.S.C. § 512, EU Digital Services Act). Tinave does not monitor, curate, initiate, or edit the content published by Customer Applications.
  2. Notice-and-Takedown Protocol: Upon receipt of a valid, formal legal complaint, statutory court order, or verifiable copyright infringement notice (DMCA notice) detailing infringing or unlawful content hosted on a Customer Application:
    • Tinave will forward the notice to Customer’s registered email.
    • If Customer fails to remove the content or provide a valid statutory counter-notice within the legally required timeframe, Tinave reserves the right to disable access to the infringing material or instance to maintain its statutory intermediary safe-harbor immunity.
  3. Statutory Grievance Officer: In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, grievances may be filed directly with our designated officer:
    • Designation: Statutory Grievance Officer
    • Email: grievance@tinave.com

11. Termination & Suspension

  1. Termination for Convenience: Customer may cancel its subscription at any time via the Platform control panel. Cancellation becomes effective at the conclusion of the current prepaid billing period.
  2. Suspension or Termination for Cause: Tinave may immediately suspend or terminate Customer’s account, revoke Platform access, or wipe instance containers without prior notice if:
    • Customer breaches these Terms or the Acceptable Use Policy.
    • Customer fails to pay undisputed fees when due.
    • Customer’s infrastructure usage poses an active threat to platform security or other tenants.
    • Directed by court order, CERT-In, or competent law enforcement authority.
  3. Post-Termination Data Purge: Upon formal account termination, Tinave will decommission Customer’s virtual containers, database volumes, and operational backups. Tinave is not obligated to preserve, hold, or export Customer data post-termination.

12. Intellectual Property Rights

  1. Tinave IP: Tinave retains all right, title, and interest in and to the Platform, custom dashboard interfaces, software, APIs, proprietary caching scripts, documentation, and registered trademarks. Except for the limited right to use the Services, nothing in these Terms grants Customer any intellectual property rights in Tinave’s proprietary technologies.
  2. Customer IP: As between the parties, Customer retains sole ownership of all intellectual property, proprietary software, creative assets, and trademarked material contained inside Customer Applications. Customer grants Tinave a non-exclusive, worldwide, royalty-free license to host, cache, transmit, reproduce, and display Customer data solely to the extent necessary to deliver the Services.

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN AN EXPLICIT WRITTEN SERVICE LEVEL AGREEMENT (SLA), THE SERVICES AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TINAVE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, COMPATIBILITY WITH ALL WORDPRESS VERSIONS, PLUGINS, OR THEMES, AND FREEDOM FROM PROGRAM ERRORS, BUGS, OR MALICIOUS INTRUSIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. Consequential Damages Waiver: IN NO EVENT SHALL TINAVE, ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR UPSTREAM INFRASTRUCTURE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, REVENUE, SALES, BUSINESS REPUTATION, GOODWILL, CUSTOMER LEADS, DATA CORRUPTION, OR BUSINESS INTERRUPTION), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE), EVEN IF TINAVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Aggregate Financial Liability Cap: TINAVE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR PLATFORM MALFUNCTION SHALL BE STRICTLY LIMITED TO AND NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO TINAVE FOR THE SPECIFIC HOSTING SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

15. Indemnification

Customer agrees to defend, indemnify, and hold harmless Tinave, its corporate officers, directors, employees, contractors, and upstream network providers from and against all third-party claims, liabilities, damages, losses, costs, and legal fees (including reasonable attorneys’ fees) arising out of or related to:

  • Customer’s breach of these Terms, the AUP, or the DPA.
  • The content, software, products, transactions, or user personal data collected or processed on Customer Applications.
  • Any infringement, misappropriation, or violation of third-party intellectual property or privacy rights caused by Customer Applications.
  • Customer’s violation of any applicable local, state, national, or international statute or regulation.

16. Cybersecurity Cooperation & CERT-In Compliance

  1. Statutory Incident Response: Tinave operates in full compliance with mandatory cybersecurity directives. In the event of a significant cybersecurity incident affecting our network, Tinave complies with statutory reporting mandates (including reporting to CERT-In within prescribed regulatory windows).
  2. Log Retention: In accordance with statutory cybersecurity rules, Tinave maintains system access, user authentication, and network transaction logs for a minimum duration of 180 days (or longer where mandated by governing statutes).
  3. Customer Cooperation: Customer agrees to cooperate in good faith with Tinave security personnel during the investigation and remediation of security compromises, DDoS attacks, or unauthorized system intrusions.

17. Governing Law & Dispute Resolution

  1. Governing Law: These Terms, and any dispute, controversy, or claim arising out of or relating to them, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  2. Exclusive Jurisdiction: The parties irrevocably submit to the exclusive jurisdiction of the competent courts located in Kerala, India, for the resolution of any legal proceedings, actions, or disputes arising from this Agreement.
  3. Informal Negotiation: Before commencing formal litigation, both parties agree to engage in good-faith informal negotiations for a minimum period of thirty (30) days by issuing formal written notice to the other party.

18. Miscellaneous Provisions

  1. Entire Agreement: These Terms, together with the Privacy Policy, AUP, SLA, and DPA, constitute the entire agreement between Customer and Tinave concerning the Services, superseding all prior oral or written discussions, proposals, or communications.
  2. Severability: If any provision of these Terms is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
  3. Waiver: No failure or delay by Tinave in exercising any legal right or remedy under these Terms shall operate as a waiver thereof.
  4. Assignment: Customer may not assign, transfer, or delegate its rights or obligations under these Terms without prior written approval from Tinave. Tinave may freely assign its rights and obligations in connection with a merger, acquisition, corporate restructuring, or sale of platform assets.
  5. Force Majeure: Neither party will be held responsible for failure or delay in performance caused by events beyond reasonable human control, including acts of God, war, military hostilities, terrorism, fires, floods, pandemics, national fiber-optic cable cuts, major upstream utility failures, or government trade embargoes.

19. Contact Information

For commercial inquiries, support matters, or legal notifications concerning these Terms of Service, please contact:

  • Tinave Legal & Operations DepartmentEmail: legal@tinave.com

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