Terms of Service

Version 1.0 · effective from 27 September 2026 · Czech original

This is an English translation for information. The contract is concluded in Czech and the Czech version prevails in case of any discrepancy.

1. Operator and definitions

1.1These Terms of Service (the “Terms”) govern the relationship between the operator of the Enver service and its users. The operator is Tomáš Cupák, company ID 09449957, registered office Podhradí 701/5, 680 01 Boskovice, Czech Republic, registered in the Trade Register kept by the Boskovice Municipal Office (the “Operator”). Contact e-mail: tomcupak@gmail.com.

1.2Capitalised terms have the following meaning:

• Service – the Enver web application at enver.apinecka.com, including its API and the Edge server software, provided as software as a service (SaaS).
• User – a natural person who has signed in to the Service.
• Account – an organisational unit in the Service (e.g. a company or a team) holding environments, services, edge servers and members. The User who created the Account is its Owner.
• Customer – a User using the Service and, where acting on behalf of a company’s Account, that company.
• Consumer – a Customer who, when concluding and performing the contract, does not act within their business or profession. Other Customers are Businesses.
• Edge server – a server or computer of the Customer on which the Customer installs the Edge server software and on which the Customer’s containers run.
• Subscription – a paid package or add-on of the Service with a monthly or yearly period.

2. Concluding the contract

2.1The contract for the use of the Service is concluded by the first sign-in to the Service (with a Google or GitHub account) and acceptance of these Terms. A Subscription contract is concluded by paying for the Subscription in the payment gateway.

2.2The Service may be used by persons over 18 with full legal capacity. Anyone using the Service on behalf of a legal entity confirms they are authorised to do so.

2.3The contract is concluded in Czech. This English translation is for information only. The Terms remain available on this page and can be saved or printed. The Operator archives the contract electronically and makes it available to the Customer on request.

2.4Before paying for a Subscription, the Customer sees its content, price and billing period in the application and can correct any input errors until the payment is confirmed.

3. The Service

3.1The Service is a control plane that, as configured by the Customer, deploys, runs and monitors containers on the Customer’s Edge servers (on Docker or Kubernetes), keeps their configuration including encrypted secret variables, shows their status, logs and metrics, and runs PostgreSQL database backups on the Edge servers. The features are described in detail in the guide.

3.2Containers, their data and backups run and are stored on the Customer’s Edge servers, not at the Operator. The Customer is responsible for the operation, security, backups and availability of the Edge servers, for the licences of the container images used and for the content they run.

3.3The Operator provides the Service as it is available at the time. The features and limits of each plan are listed in the application on the Billing page.

4. Free plans and verification

4.1The Service can be used free of charge within the free plan. An Account whose Owner has not verified themselves has lower limits; a verified Owner gets the higher limits of the free plan.

4.2Verification is done by saving a payment card in the Stripe payment gateway. Nothing is charged; after verification the card is detached from the Stripe customer and the Operator keeps only its fingerprint (an identifier from which the card number cannot be derived), so that one card verifies only one User. Paying for a Subscription also verifies the User.

4.3The Operator may change the scope of the free plan under article 14. No availability is guaranteed for the free plan.

5. Subscriptions, prices and payments

5.1A Subscription is taken out for an Account (packages and add-ons for environments, services, edge servers, users and notifications) or for a User (extra Accounts). The current price list is on the Service’s website and in the application. Prices are in euros. The Operator is not a VAT payer.

5.2A Subscription is monthly or yearly and renews automatically at the end of each period until the Customer cancels it. A yearly Subscription is discounted compared with twelve monthly payments; the discount is shown in the price list.

5.3Payments are processed by Stripe Payments Europe, Ltd. by card or another method offered by the payment gateway. Card details are processed solely by Stripe; the Operator never sees them. The Operator issues a tax document (invoice) for every payment through Stripe; it is available in the customer portal.

5.4When a Subscription is changed during a period (a package or add-ons are raised or lowered), the difference is billed immediately, pro rata to the remaining part of the period. Higher limits apply once the difference is paid. Switching between the monthly and yearly period starts a new period.

5.5If a renewal cannot be paid, the Subscription limits stay in place for another 3 days. The Account then returns to the free plan limits. No data is deleted, but no further items can be added beyond the free plan.

5.6The price of a Subscription can only change with effect from the next period, and the Operator announces the change at least 30 days in advance. A Customer who disagrees may cancel the Subscription in the meantime.

5.7Individual terms (the Enterprise plan) can be agreed on request and take precedence over these Terms.

6. Cancellation and refunds

6.1A Subscription can be cancelled at any time in the application on the Billing page, in one of two ways:

• Cancel the renewal – the Subscription runs until the end of the paid period and is not renewed. The cancellation can be undone until then.
• End it now – the Subscription ends immediately and the Operator refunds the pro-rata part of the price for the unused part of the paid period. The amount is refunded to the card the payment was made with, and the Customer receives a credit note. The application shows the amount beforehand.

6.2The Operator issues the refund without undue delay, within 14 days of the termination at the latest. When it reaches the Customer’s account depends on their bank, usually within 5 to 10 business days.

6.3When a Subscription ends, the Account returns to the free plan limits as described in article 5.5.

7. Consumer rights

7.1A Consumer may withdraw from a Subscription contract without giving any reason within 14 days of its conclusion (Section 1829 of the Czech Civil Code). It is enough to send a notice to tomcupak@gmail.com, the model form may be used, or to end the Subscription in the application under article 6.1.

7.2By paying for a Subscription, the Consumer expressly requests that the paid Service starts immediately, during the withdrawal period. On withdrawal the Consumer therefore pays only the pro-rata part of the price for the time until withdrawal (Section 1834 of the Civil Code), and the Operator refunds the rest within 14 days using the same payment method. The Consumer keeps the right to a pro-rata refund under article 6 after that period, too.

7.3If the Service lacks the agreed properties or those that can reasonably be expected, or does not work, the Consumer has the rights arising from defective performance under Section 2389a et seq. of the Civil Code, in particular the right to have it remedied, to a reasonable discount or to withdraw from the contract. The Operator provides the updates needed to keep the Service free of defects. Defects can be reported to tomcupak@gmail.com or with the Send feedback button in the application; the Operator handles them within 30 days at the latest.

7.4A Consumer may resolve disputes out of court with the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, adr.coi.cz, which also supervises compliance with consumer protection law (www.coi.cz).

8. User obligations

8.1Users must not use the Service in breach of the law or these Terms; in particular, they must not:

• use it to spread malware, run botnets, attack other systems or send unsolicited messages,
• run content that infringes the rights of third parties or is unlawful,
• circumvent plan limits, for example by creating multiple Accounts or repeated verification,
• disrupt the Service, test its security without the Operator’s consent, or overload it with automated requests.

8.2Users protect access to their Google/GitHub account and the Edge server tokens and inform the Operator of any misuse without undue delay.

8.3The Account Owner is responsible for whom they grant access to the Account and with which permissions.

9. Availability and changes of the Service

9.1The Operator strives for continuous availability of the Service. For Customers with a paid Subscription, it guarantees an availability of the application and the API of at least 99.5 % in every calendar month, not counting maintenance announced under article 9.2. If it falls short, it refunds the pro-rata part of that month’s Subscription price on the Customer’s request made within 30 days; this does not affect a Consumer’s rights arising from defective performance. The free plans are provided without any availability guarantee. Containers on Edge servers keep running during an outage of the Service; they just cannot be managed from the Service in the meantime.

9.2Planned maintenance is announced in the application at least 2 hours in advance.

9.3The Operator develops the Service continuously and may change its features. A substantial restriction of a paid feature is announced at least 30 days in advance; the Customer may then end the Subscription with a pro-rata refund.

10. Customer data

10.1Data the Customer puts into the Service (service configuration, variables, secret values, environment names etc.) belongs to the Customer. The Operator uses it only to provide the Service. Secret values are stored encrypted and every reveal is recorded in the Account’s audit log.

10.2The processing of Users’ personal data is described in the Privacy Policy.

10.3Data processing terms. Where the Customer’s data contains personal data (e.g. in variables, names or container logs the Service shows), the Operator processes it as a processor on behalf of the Customer as the controller under Article 28 GDPR, as follows:

• the subject matter and purpose is providing the Service, the duration is the term of the contract; the Customer determines the categories of data and data subjects by what they put into the Service,
• the Operator processes the data only on the documented instructions of the Customer, which are these Terms and the settings of the Service, and does not transfer it to third countries other than as stated in the Privacy Policy,
• persons with access to the data are bound by confidentiality; the Operator has taken technical and organisational measures under Article 32 GDPR (encryption in transit and of secret values, access control, audit log),
• the Customer gives general authorisation to engage the sub-processors listed in the Privacy Policy; the Operator announces changes by updating that policy at least 14 days in advance, and the Customer may object by terminating the contract,
• the Operator assists the Customer with obligations towards data subjects and under Articles 32 to 36 GDPR, notifies them of a personal data breach without undue delay, provides the information needed to demonstrate compliance and allows audits to a reasonable extent,
• after the contract ends the Operator deletes the data unless the law requires otherwise.

10.4The Owner can download the Account’s data in the application at any time (Account → Data and deletion) and delete the Account there. A deleted Account becomes unavailable to all its Users at once, and the Operator erases its data in the Service within 30 days; the same applies when the contract ends. Records the law requires to be kept (in particular accounting documents) are kept for the statutory period. Data on Edge servers (containers, volumes, backups) stays with the Customer and is not deleted by the Service.

11. Liability

11.1The Operator is not liable for damage caused by the operation, outage or security of the Customer’s Edge servers or other infrastructure, by the content of containers, by the loss of data on Edge servers, or by incorrect configuration of the Service by the Customer. PostgreSQL backups are an aid; the Customer is responsible for verifying and keeping backups.

11.2Towards Businesses, the Operator’s total liability for damage is limited to the amount the Customer paid the Operator in the last 12 months, and the Operator is not liable for lost profit. This limitation does not apply to damage caused intentionally or by gross negligence or to harm to natural rights of a person.

11.3Liability towards Consumers cannot be limited beyond what the law allows.

12. Reporting illegal content

12.1The single point of contact for authorities, the Commission and users under Regulation (EU) 2022/2065 (Digital Services Act) is tomcupak@gmail.com; communication is possible in Czech or English.

12.2Anyone can report illegal content stored in the Service to this address, explaining why it is illegal and where it is. The Operator assesses the notice without undue delay, informs the reporter and may remove or disable the content, or restrict or end the access of a User who seriously breaches the Terms. The affected User is informed of the reasons and may object at the same address.

13. Termination

13.1The Customer may end the contract at any time by ending their Subscriptions and deleting their Accounts and their profile in the application (Profile → Delete profile); paid Subscriptions are settled under article 6. Deleting the profile also erases the data about the User, except for the records under article 10.4.

13.2The Operator may terminate the contract with 30 days’ notice and refunds the unused part of a paid Subscription. On a serious breach of the Terms (in particular article 8.1) the Operator may restrict access to the Service or terminate the contract with immediate effect.

14. Changes to these Terms

14.1The Operator may reasonably change the Terms, in particular because of changes of the Service, the law or the price list. The change is announced by e-mail or in the application at least 30 days before it takes effect. A Customer who disagrees may end the contract before then with a pro-rata refund of the price paid; otherwise the change is deemed accepted.

15. Final provisions

15.1The contract is governed by the law of the Czech Republic. This does not deprive a Consumer resident in another EU country of the protection of the mandatory rules of that country.

15.2Disputes with Businesses are decided by the Czech courts competent for the Operator’s registered office.

15.3If any provision of the Terms is invalid, the other provisions remain unaffected.

Annex: model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.