Terms of Service

1. The Service

DriftGuard provides automated analysis of OpenTofu and Terraform pull requests, including cost estimates, drift detection, security findings, compliance mapping, and related integrations. Features vary by subscription tier. We may modify features with reasonable notice for material reductions in paid capabilities.

2. Eligibility and accounts

The Service is intended for businesses and professional users. You must be at least 18 years old and authorized to bind your organization. You are responsible for maintaining accurate account information, safeguarding credentials, and all activity under your account. Notify us promptly at legal@driftguard.io of unauthorized use.

3. Acceptable use

You agree not to:

• Use the Service in violation of applicable law, export controls, or third-party terms (including GitHub and cloud provider policies).
• Probe, scan, or test vulnerabilities without written authorization, or interfere with Service integrity or performance.
• Upload malware, unlawful content, or data you lack rights to process.
• Reverse engineer the Service except where permitted by mandatory law.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted in an enterprise agreement.
• Use findings to attack systems you do not own or lack explicit authorization to test.

4. Customer data and intellectual property

You retain ownership of your repositories, infrastructure code, and cloud configuration data (“Customer Data”). You grant UP2CLOUD a limited license to host, process, and display Customer Data solely to provide and improve the Service as permitted by your plan and DPA.

DriftGuard software, models, rulesets, documentation, and branding are owned by UP2CLOUD or its licensors. Feedback you provide may be used without restriction to improve the product.

5. Third-party services

The Service integrates with third parties such as GitHub, GitLab, cloud providers, and notification tools. Your use of those services is governed by their terms. We are not responsible for third-party outages, API changes, or data handling outside our control.

6. Subscriptions and billing

Paid plans are billed per repository or as specified in your order form. Fees are exclusive of taxes unless stated otherwise. Subscriptions renew automatically until cancelled in accordance with your plan. Refunds are provided only where required by law or explicitly stated in writing.

7. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect such information and use it only for the purpose of the relationship. Confidentiality obligations do not apply to information that is public, independently developed, or rightfully received without restriction.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, UP2CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANALYSIS OUTPUT (INCLUDING COST ESTIMATES, DRIFT SIGNALS, AND SECURITY FINDINGS) IS INFORMATIONAL AND DOES NOT REPLACE PROFESSIONAL SECURITY, FINANCIAL, OR COMPLIANCE ADVICE. YOU REMAIN RESPONSIBLE FOR CHANGES YOU MERGE TO PRODUCTION.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR EXCLUDED MATTERS (SUCH AS PAYMENT OBLIGATIONS, CONFIDENTIALITY BREACHES, OR INDEMNIFICATION), EACH PARTY’S AGGREGATE LIABILITY ARISING FROM THESE TERMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO UP2CLOUD IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED EUROS (€100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

10. Indemnification

You will defend and indemnify UP2CLOUD against third-party claims arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our gross negligence or willful misconduct.

11. Termination

Either party may terminate for material breach not cured within thirty (30) days of notice. We may suspend access immediately for security risk or abuse. Upon termination, your right to use the Service ends; we will delete or return Customer Data per the DPA and retention schedule. Sections that by nature should survive (including liability, confidentiality, and governing law) survive termination.

12. Governing law and disputes

These Terms are governed by the laws of Portugal, excluding conflict-of-law rules. Courts in Lisbon, Portugal have exclusive jurisdiction, without prejudice to mandatory consumer protections that cannot be waived. The UN Convention on Contracts for the International Sale of Goods does not apply.

13. Changes

We may update these Terms. We will post the revised Terms and update the effective date. Material changes to paid customers will be notified with at least thirty (30) days’ notice when practicable. Continued use after the effective date constitutes acceptance.

14. Contact

Questions about these Terms: UP2CLOUD Unipessoal Lda., DriftGuard Legal, legal@driftguard.io.