Terms of Service
Last updated: 1 January 2026
These Terms of Service ("Terms") govern the relationship between InstanceNorPilot SAS ("InstanceNorPilot," "we," "us," or "our"), registered in France with its principal place of business at 3 Avenue Henry Chéron, 14000 Caen, France, and any person or entity ("Client") that engages our managed infrastructure services or uses this website.
By submitting an enquiry, signing a service agreement, or using our services, you agree to these Terms. Services are provided only to businesses and professionals; we do not offer services to consumers as defined under French consumer protection law.
1. Services
InstanceNorPilot provides managed cloud infrastructure services, including managed virtual private servers, private cloud environments, DevOps consulting, security hardening, backup and recovery planning, and migration assistance (collectively, "Services"). The specific scope of Services, pricing, and service level commitments for each engagement are set out in a written service agreement or statement of work signed by both parties ("Service Agreement"). These Terms apply to all Service Agreements and, in the event of conflict, the specific Service Agreement takes precedence.
2. Service commitments and availability
Where a Service Agreement specifies an uptime target, InstanceNorPilot will use reasonable commercial efforts to meet that target. Uptime targets exclude scheduled maintenance windows (communicated at least 48 hours in advance except in cases of urgent security patching), events outside our reasonable control, and any downtime attributable to Client systems, third-party integrations, or actions taken by the Client or its personnel.
We do not guarantee specific hardware configurations, IP address ranges, or bandwidth allocations unless these are explicitly stated in a Service Agreement.
3. Client responsibilities
The Client is responsible for:
- Providing accurate information necessary for service delivery, including architecture details, access credentials to systems being migrated or managed, and timely responses to requests for information from our engineers.
- Ensuring that all data stored or processed on infrastructure managed by InstanceNorPilot complies with applicable law and does not infringe third-party rights.
- Designating at least one technical contact who can make decisions on infrastructure matters and who can be reached within the response times set out in the Service Agreement.
- Maintaining appropriate backup copies of critical data where the Service Agreement does not expressly include backup management as a service component.
4. Acceptable use
The Client may not use infrastructure managed by InstanceNorPilot for purposes that:
- Violate applicable law in France, the European Union, or the jurisdiction in which the Client operates.
- Infringe the intellectual property rights of third parties.
- Facilitate unsolicited commercial communications (spam) or network-based attacks including port scanning, denial-of-service attacks, or exploitation of vulnerabilities in third-party systems.
- Host or distribute malware, exploit kits, or tools designed to facilitate unauthorised access to computer systems.
- Transmit, store, or process content that is unlawful in France or the EU, including content that constitutes child sexual abuse material.
InstanceNorPilot reserves the right to suspend services immediately, without prior notice, if we have reasonable grounds to believe a serious violation is occurring. We will provide notice of the suspension and our reasoning as promptly as practicable.
5. Fees and payment
Fees for Services are specified in the applicable Service Agreement. Unless stated otherwise, fees are invoiced monthly in arrears. Payment is due within 30 days of invoice date. Late payments accrue interest at the rate set under Article L. 441-10 of the French Commercial Code. InstanceNorPilot reserves the right to suspend services after 15 days of non-payment following written notice.
Fees may be adjusted with 60 days written notice. If the Client does not accept an adjustment, the Client may terminate the affected Service Agreement within that 60-day notice period without penalty.
6. Confidentiality
Each party agrees to keep the other party's confidential information — including technical architecture, pricing, and business information designated as confidential — strictly confidential and not to disclose it to third parties without prior written consent. This obligation does not apply to information that: (a) is or becomes publicly available other than through a breach of this clause; (b) was lawfully known to the receiving party before disclosure; or (c) is required to be disclosed by law or court order, in which case the disclosing party will give reasonable advance notice where legally permitted.
7. Intellectual property
Client data, configurations, and any materials provided by the Client remain the property of the Client. InstanceNorPilot does not acquire any ownership rights in Client data by virtue of storing or processing it.
Any tooling, scripts, or processes developed by InstanceNorPilot in the course of service delivery remain the property of InstanceNorPilot unless a Service Agreement expressly provides otherwise. We grant the Client a non-exclusive, non-transferable licence to use such materials as necessary to benefit from the contracted services.
8. Limitation of liability
To the extent permitted by applicable law, InstanceNorPilot's aggregate liability for all claims arising out of or related to a given Service Agreement in any 12-month period shall not exceed the total fees paid by the Client under that Service Agreement in the same period.
InstanceNorPilot shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, arising out of the use of or inability to use the Services, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
9. Term and termination
Service Agreements run for the term specified therein. Unless the Service Agreement specifies a minimum term, either party may terminate with 30 days written notice. Service Agreements with a minimum term may be terminated early by the Client on payment of fees for the remainder of the minimum term.
Either party may terminate immediately upon written notice if the other party: (a) commits a material breach not remedied within 14 days of written notice; (b) becomes insolvent, enters administration, or is subject to winding-up proceedings; or (c) ceases to carry on business.
Upon termination, InstanceNorPilot will provide reasonable assistance for a period of up to 30 days to facilitate transfer of environments and data to a replacement provider, billed at the standard consulting rate where this is not already covered by the Service Agreement.
10. Force majeure
Neither party shall be liable for delays or failures in performance caused by circumstances outside their reasonable control, including natural disasters, acts of government, internet or telecommunications infrastructure failures not within the party's network, or civil unrest. The affected party must notify the other promptly and use reasonable efforts to mitigate the impact.
11. Governing law and disputes
These Terms and any Service Agreement are governed by French law. The parties agree to attempt to resolve any dispute through good-faith negotiation before resorting to legal proceedings. If a dispute cannot be resolved by negotiation within 30 days, the courts of Caen, France shall have exclusive jurisdiction, without prejudice to InstanceNorPilot's right to seek injunctive or other urgent relief in any competent court.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated to active clients by email at least 30 days before taking effect. Continued use of Services after the effective date constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms should be directed to:
[email protected]
InstanceNorPilot SAS, 3 Avenue Henry Chéron, 14000 Caen, France