Last updated: December 2024

Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SHELLNGN ("we," "us," or "our") governing your access to and use of the SHELLNGN software, website, and related services (collectively, the "Service").

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SHELLNGN is a web-based server management platform that provides SSH, SFTP, RDP, VNC, and Telnet access to remote servers. The Service is offered in two versions:

  • SHELLNGN Cloud: A cloud-hosted SaaS solution accessible via web browser
  • SHELLNGN Pro: A self-hosted Docker application that you deploy on your own infrastructure

The Service is a tool that facilitates connections to servers that you own, lease, or have authorized access to. SHELLNGN does not provide, host, or maintain any target servers. You are solely responsible for the servers you connect to and the actions you perform on them.

3. Sales and Payment Processing

All purchases of SHELLNGN subscriptions and licenses are processed by FastSpring, Inc. ("FastSpring"), which acts as the authorized reseller and merchant of record for SHELLNGN products. When you purchase a subscription or license:

  • Your purchase transaction is between you and FastSpring
  • FastSpring handles all payment processing, billing, VAT/tax collection, and invoicing
  • FastSpring's terms of service and privacy policy apply to your purchase transaction
  • Refund requests must be directed to FastSpring in accordance with their refund policy

By making a purchase, you also agree to FastSpring's terms available at https://fastspring.com/legal/

4. Subscription Plans and Pricing

4.1 Cloud Plans

Cloud subscriptions are billed monthly in advance. Your subscription will automatically renew each month until cancelled.

4.2 Pro Licenses

Pro licenses are billed annually. Your license will automatically renew each year until cancelled. License types include:

  • Personal License: For individual, non-commercial use only. Single user. May not be used for business, commercial, or revenue-generating purposes.
  • Commercial License: Required for any business use, multiple users, teams, or commercial environments.

4.3 Pricing Changes

We reserve the right to modify pricing at any time. Price changes will not affect your current billing period and will take effect at your next renewal. Continued use after a price change constitutes acceptance of the new pricing.

4.4 Taxes

All prices are exclusive of applicable taxes (including VAT, GST, and sales tax), which will be calculated and collected by FastSpring based on your billing location.

5. Free Trials

We may offer free trial periods for evaluation purposes. Trial terms:

  • Cloud trials: 30 days, no credit card required
  • Pro trials: 30 days, no credit card required
  • One trial per user/organization
  • Trials may have limited features or functionality
  • We reserve the right to modify, limit, or discontinue trial offerings at any time without notice
  • Abuse of trial periods (including creating multiple accounts) may result in immediate termination

6. Refund Policy

Due to the digital nature of the Service and the provision of free trials:

  • All sales are final and non-refundable
  • We encourage you to fully evaluate the Service during the free trial period before purchasing
  • No refunds will be provided for partial subscription periods, unused time, or early cancellation
  • Refund requests due to technical issues may be considered on a case-by-case basis at our sole discretion
  • Any approved refunds will be processed through FastSpring

7. User Accounts

  • You must provide accurate, current, and complete information when creating an account
  • You are solely responsible for maintaining the confidentiality and security of your account credentials
  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • One account per person unless you have a Commercial license permitting multiple users
  • Account sharing is prohibited unless explicitly permitted by your license type
  • We reserve the right to suspend or terminate accounts that violate these Terms

8. License Grant and Restrictions

8.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal purposes in accordance with your subscription plan.

8.2 Restrictions

You may NOT:

  • Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service
  • Rent, lease, loan, sell, sublicense, distribute, or transfer the Service to any third party
  • Remove, alter, or obscure any proprietary notices on the Service
  • Use the Service to develop a competing product or service
  • Use a Personal license for commercial or business purposes
  • Exceed the usage limits of your subscription plan
  • Share, transfer, or assign your license to another person or entity
  • Use automated systems or bots to access the Service
  • Circumvent or attempt to circumvent any access restrictions or usage limitations

9. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You may NOT use the Service to:

  • Access any server, system, or network without proper authorization
  • Violate any applicable local, national, or international law or regulation
  • Transmit viruses, malware, or other malicious code
  • Engage in any form of hacking, cracking, or unauthorized access
  • Store, transmit, or distribute illegal content
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to probe, scan, or test the vulnerability of the Service
  • Impersonate any person or entity
  • Harvest or collect information about other users
  • Use the Service for any purpose that is harmful, fraudulent, or deceptive
  • Violate the security or integrity of any network, system, or server

YOU ARE SOLELY RESPONSIBLE for ensuring you have proper authorization to access any servers or systems you connect to through the Service. We do not verify or validate your authorization to access any target systems.

10. Your Data and Security

10.1 Your Responsibility

You are solely responsible for:

  • The security and management of your server credentials
  • Backing up your data and configurations
  • Any data stored on or transmitted through servers you access
  • Compliance with data protection laws applicable to your data

10.2 SHELLNGN Pro (Self-Hosted)

For SHELLNGN Pro, you host the Service on your own infrastructure. You are solely responsible for the security, maintenance, and backup of your installation, including all data stored within it. We have no access to your self-hosted instance or the data within it.

10.3 No Data Recovery

We are not responsible for any loss, corruption, or unauthorized access to your data, credentials, or configurations. You should maintain your own backups.

11. Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled or emergency maintenance
  • System updates and upgrades
  • Technical failures or errors
  • Third-party service outages
  • Circumstances beyond our reasonable control

We will make reasonable efforts to provide advance notice of scheduled maintenance when possible, but are not obligated to do so. No credit, refund, or compensation will be provided for downtime or service interruptions.

12. Intellectual Property

The Service, including all software, code, design, text, graphics, logos, and other content, is the exclusive property of SHELLNGN and is protected by copyright, trademark, and other intellectual property laws.

"SHELLNGN" and associated logos are trademarks of SHELLNGN. You may not use our trademarks without prior written permission.

These Terms do not grant you any ownership rights in the Service. Your license to use the Service is limited to the rights expressly granted herein.

13. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE
  • WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR SOFTWARE, OR THAT THE SERVICE WILL BE AVAILABLE IN YOUR LOCATION.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 IN NO EVENT SHALL SHELLNGN, ITS OWNERS, OPERATORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS
  • LOSS OF DATA OR DATA BREACH
  • LOSS OF GOODWILL OR REPUTATION
  • COST OF PROCUREMENT OF SUBSTITUTE SERVICES
  • SERVER DOWNTIME OR UNAVAILABILITY
  • UNAUTHORIZED ACCESS TO YOUR SERVERS OR SYSTEMS
  • ANY OTHER INTANGIBLE LOSSES

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS ($50 USD).

14.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless SHELLNGN, its owners, operators, affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property rights
  • Any unauthorized access to servers or systems performed using the Service
  • Any data or content you transmit through the Service
  • Any claim by a third party related to your use of the Service

16. Termination

16.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting FastSpring. Cancellation will take effect at the end of your current billing period. No refunds will be provided for unused time.

16.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Non-payment of fees
  • Fraudulent, abusive, or illegal activity
  • At our sole discretion for any reason

16.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We are not obligated to retain any of your data after termination. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

17. Modifications to Service and Terms

17.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

17.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will post the updated Terms on our website with a new "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

18. Third-Party Services

The Service may integrate with or rely on third-party services. Your use of any third-party service is subject to that service's terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.

FastSpring, as our authorized reseller, is a third-party service provider. Your payment transactions are governed by FastSpring's terms and policies.

19. Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not access, download, or use the Service if you are located in a country subject to embargo or if you are on any restricted party list.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

20.2 Jurisdiction

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Israel. You consent to personal jurisdiction in such courts and waive any objection to venue.

20.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

20.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SHELLNGN regarding the Service and supersede all prior agreements and understandings.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

21.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

21.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

21.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided.

21.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Email: contact@shellngn.com

Support: https://support.shellngn.com

For payment, billing, and refund inquiries, please contact FastSpring directly through your purchase confirmation email or at FastSpring Consumer Support .