Terms of Service · Triton Cloud

These Terms of Service (the "Terms") govern your access to and use of Triton Cloud — the cloud infrastructure services, console, API, command-line interface, documentation, and websites (together, the "Services") provided by Sovren Technologies, Inc. d/b/a Triton Cloud ("Triton," "we," "our," or "us").

By creating an account, accessing, or using any part of the Services, you agree to these Terms, together with our Privacy Policy and Acceptable Use Policy, which are incorporated by reference. If you do not agree, do not use the Services.

1. Eligibility and Authority

You may use the Services only if all of the following are true, and you affirm that they are:

You are at least 18 years old.
You are legally permitted to use the Services where you are located.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you have the authority to bind that entity, and "you" refers to that entity.
You are not barred from receiving services under U.S. law, and you have not previously been suspended or removed from the Services.

2. Accounts, Teams, and Access

Access to the Services is organized into a Team, which contains one or more Projects, which in turn hold your resources. Roles within a Team determine what each user can see and do; the account Owner controls billing.

You must provide accurate, current, and complete registration information and keep it up to date. You are responsible for all activity that occurs under your account, including activity by users you invite and by any API token, access key, or SSH key issued from your account.

Keep your credentials confidential. Do not share account access, and notify us promptly at support@tritoncloud.io if you suspect unauthorized access. We may disable any credential, at any time, if we reasonably believe it has been compromised or used in violation of these Terms.

3. The Services

Triton provides infrastructure resources — including compute Instances, object storage Buckets, and networking resources such as VPCs, Reserved IPs, and NAT — which you provision and control through the console, API, or CLI. You decide what to run, how to configure it, and who may access it.

The specific resources, Regions, and features available are those offered in the Services at the time you provision them. We may add, change, or discontinue features. Where a change would materially reduce the functionality of a resource you are actively using, we will give reasonable advance notice.

On-premises and private cloud deployments are provided under a separate written agreement and are not governed by these Terms.

4. Fees, Billing, and Payment

4.1 Charges

You agree to pay all fees for resources provisioned in your account, at the rates published for those resources at the time of use, plus applicable taxes. Compute is billed hourly and capped at the monthly price for the Package. Where an annual term is offered and elected, it is billed in advance for the term. Usage-based charges — storage volume, network transfer, and similar metered items — are calculated from our metering records.

A resource accrues charges while it exists, whether or not you are using it. Stopping an Instance does not by itself stop all charges associated with it; destroying the resource does.

4.2 Payment method and invoicing

You must keep a valid payment method on file. You authorize us, and our payment processor, to charge that payment method for all amounts due. Invoices are issued to the account and are payable on receipt unless we have agreed otherwise in writing.

4.3 Past due accounts

If a charge fails or an invoice goes unpaid, your account moves to a past-due state and we will notify you. Your resources continue to run during a grace period of seven (7) days. If the balance remains unpaid at the end of the grace period, we may suspend the account and stop your running resources. We will retain the Customer Content held by those resources for a further fourteen (14) days, and will notify you before that period ends. Content not recovered within it is permanently deleted and cannot be restored.

Bringing the account current during the grace or retention period restores access. You remain responsible for charges accrued before suspension.

4.4 Disputes, refunds, and price changes

Raise any billing dispute within thirty (30) days of the invoice date; charges not disputed within that window are final. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial periods, unused resources, or resources left running in error.

We may change our prices. Price increases affecting resources you are already running take effect no earlier than thirty (30) days after we notify you, and do not apply within a prepaid annual term already in progress.

5. Your Content and Data

"Customer Content" means all data, software, and other material you or your users store, run, process, or transmit using the Services.

You own your Customer Content. These Terms grant Triton no ownership of it. You grant us only the limited, non-exclusive licence to host, store, copy, transmit, and display Customer Content, and to make backups and replicas of it, strictly to the extent necessary to provide the Services to you, to prevent or address a technical problem, or to comply with law.

We do not use Customer Content for advertising, and we do not use it to train machine-learning models. We access it only as described in our Privacy Policy.

You are responsible for the legality of your Customer Content, for having the rights necessary to process it, for meeting any regulatory obligations that attach to it, and for maintaining your own backups. Triton is not a backup service, and you should not rely on it as your only copy of anything you cannot lose.

6. Acceptable Use

You may not use the Services, or permit anyone else to use them, to:

Violate any law or regulation, or infringe the intellectual property, privacy, or other rights of anyone else.
Store, transmit, or facilitate child sexual abuse material. We report such material to the National Center for Missing & Exploited Children and to law enforcement, and terminate the responsible account without notice.
Send unsolicited bulk email or other spam, or operate infrastructure that supports it.
Distribute malware, run phishing or fraud infrastructure, or host content designed to deceive people into disclosing credentials or payment details.
Launch denial-of-service attacks, conduct unauthorized port scanning or penetration testing against systems you do not own or have written permission to test, or otherwise attack third-party networks.
Interfere with the Services or the platform — attempting to gain unauthorized access, escaping the boundaries of your own environment, circumventing quotas or metering, testing our security without authorization, or placing an unreasonable load on shared infrastructure.
Resell or provide the Services to third parties in a way that misrepresents their origin, or use them to build a directly competing infrastructure service.
Mine cryptocurrency, or run equivalent proof-of-work or distributed-computing workloads whose primary purpose is generating digital assets. Our Acceptable Use Policy sets out these rules in full, including how we handle reports and what we do before suspending an account, and it controls wherever it is more specific than this section. Report abuse to abuse@tritoncloud.io.

7. Suspension and Termination

We may suspend or limit your access to all or part of the Services if we reasonably believe that: your use violates these Terms or the Acceptable Use Policy; your account is past due; your account has been compromised; your use poses a security risk, threatens the integrity of the platform, or creates legal exposure for Triton or others; or the law requires it.

Where circumstances allow, we will give notice and an opportunity to correct the problem before suspending. Where the risk is severe or immediate — an active attack, illegal content, or a live threat to other customers — we may suspend first and notify you afterwards.

You may stop using the Services and close your account at any time. Closing your account destroys the resources in it and does not entitle you to a refund of prepaid fees except where required by law.

On termination, your right to use the Services ends immediately. Sections concerning fees already incurred, Customer Content ownership, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

8. Availability and Support

We work to keep the Services available and to give notice of planned maintenance, but we do not warrant that the Services will be uninterrupted or error-free, and we may need to perform emergency maintenance without notice.

Any service-level commitment applies only if it is set out in a Service Level Agreement published by Triton or in a written agreement signed by us. No uptime, availability, durability, or performance commitment is made by these Terms.

9. Security Responsibilities

Security on the Services is shared. Triton is responsible for the security of the underlying platform — physical infrastructure, the hypervisor and host systems, the underlying network, and isolation between customer environments.

You are responsible for everything you run on it, including: the operating system and software on your Instances and their patching; your access credentials, keys, and tokens; your network and firewall configuration; the access you grant to members of your Team; encryption of your own sensitive data; and the security of any application you expose to the internet.

Note in particular that firewall rules are enforced for an Instance only when firewall enforcement is enabled for that Instance. An Instance without enforcement enabled ignores the rules that exist for it. Verify enforcement before treating a rule set as protection.

10. Intellectual Property

The Services, and all software, documentation, interfaces, designs, text, and other material comprising them, are owned by Triton, Sovren Technologies, Inc., or their licensors, and are protected by intellectual property laws. "Triton," "Triton Cloud," the Triton logo, and related names and marks are our trademarks; you may not use them without our prior written permission.

Except for the rights expressly granted here, we grant you no licence to our intellectual property. You may not copy, modify, reverse-engineer, or create derivative works of the Services, except to the extent that restriction is prohibited by law or permitted by an applicable open-source licence.

If you send us feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.

11. Third-Party Software

Operating system images, packages, and other third-party software made available through the Services are licensed by their respective owners under their own terms, which govern your use of them. We provide them as a convenience and make no warranty about them.

12. Copyright Complaints

If you believe content hosted on the Services infringes your copyright, send a notice meeting the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), to dmca@tritoncloud.io or to the address in Section 20. Your notice must include: a physical or electronic signature of the copyright owner or an authorized agent; identification of the work claimed to be infringed; identification of the material and its location, with enough detail for us to find it; your contact details; a statement of good-faith belief that the use is not authorized; and a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act.

We will respond as the DMCA requires and will terminate the accounts of repeat infringers in appropriate circumstances.

13. Export Control and Sanctions

You must comply with all applicable export control and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not a person on any U.S. restricted-party list. You may not make the Services available to any such person or use them for any purpose prohibited by those laws, including nuclear, chemical, biological weapons, or missile technology end uses.

14. Confidentiality

Each party may receive non-public information from the other in connection with the Services. Each party will protect the other's confidential information with at least reasonable care and use it only for purposes of these Terms. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRITON DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TRITON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY DATA WILL BE PRESERVED OR RECOVERABLE; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS AND FOR ARCHITECTING YOUR SYSTEMS TO TOLERATE FAILURE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE THEORY OF LIABILITY, TRITON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR LOST, CORRUPTED, OR UNRECOVERABLE DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF TRITON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TRITON'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TRITON FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply to the greatest extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Triton, Sovren Technologies, Inc., and their affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: your Customer Content; your use of the Services; your violation of these Terms, the Acceptable Use Policy, or applicable law; or your infringement of the rights of a third party.

18. Governing Law and Dispute Resolution

The laws of the State of Nevada govern these Terms and any dispute arising between you and Triton, without regard to conflict-of-laws principles.

You agree that any dispute relating to these Terms or the Services will first be submitted to good-faith mediation within sixty (60) days of a written demand by either party, unless the parties agree otherwise in a signed writing. If mediation does not fully resolve the dispute, it will then be settled by arbitration as set out below.

JURY TRIAL WAIVER. BY USING THE SERVICES, YOU WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER YOU OR TRITON RELATING TO OR ARISING OUT OF THESE TERMS, INCLUDING THE FORMATION OF ANY AGREEMENT BASED ON THEM.

ARBITRATION. AT TRITON'S SOLE DISCRETION, TRITON MAY REQUIRE THAT ALL CLAIMS, CONTROVERSIES, AND DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS BE DECIDED BY CONFIDENTIAL ARBITRATION IN NEVADA, USA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT, UNLESS ALL PARTIES UNANIMOUSLY AGREE OTHERWISE. THIS PROVISION IS SPECIFICALLY ENFORCEABLE UNDER THE PREVAILING ARBITRATION LAW.

Any arbitrator appointed will be a person with experience in cloud computing, hosting, or enterprise technology, selected under the AAA's Commercial Arbitration Rules then in effect. The parties may conduct discovery under Nevada's code of civil procedure. The arbitrator's remedial authority is the same as, but no greater than, that of a court with jurisdiction over the parties, and the arbitrator will issue a written opinion based on Nevada law specifying an award, which is final and binding.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

19. General

Changes to these Terms. We may modify these Terms by posting the revised version through the Services. Material changes take effect thirty (30) days after posting or notice; other changes take effect when posted. Your continued use after a change takes effect constitutes acceptance. If you do not accept a change, stop using the Services and close your account.
Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, are the entire agreement between you and Triton regarding the Services, and supersede all prior agreements on that subject. No statement by anyone associated with Triton modifies them unless it is in a signed writing that refers to these Terms.
Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability and waiver. If any provision is held invalid or unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
Notices. We may give notice by email to the address on your account, or by posting in the console or on our website. Notices to us go to legal@tritoncloud.io and to the address below.
No third-party beneficiaries. These Terms create no rights for anyone other than you and Triton.

20. Contact

Legal and notices: legal@tritoncloud.io

Support: support@tritoncloud.io

Abuse reports: abuse@tritoncloud.io

Security vulnerabilities: security@tritoncloud.io

Sovren Technologies, Inc. d/b/a Triton Cloud

2801 Network Boulevard, Suite 300

Frisco, TX 75034