Terms of Service
Agreement
These Terms of Service ("Terms") are a contract between you and Sagar Aggarwal, a sole proprietorship in India trading as ScaleMax Cloud ("we", "us", "our"). They apply to every KVM VPS plan, with any image we offer (Ubuntu, AI agent box or n8n), every paid add-on such as Managed Support, and every dashboard feature we sell. By registering, paying, or using an instance you accept these Terms and the Acceptable Use Policy, Refund & Cancellation Policy, and Privacy Policy on this site.
The service
ScaleMax Cloud provides KVM virtual machines on dedicated AMD EPYC hardware in Gravelines, France (EU). Customer instances sit behind NAT. We map SSH, HTTPS, and other ports and issue a hostname as the way to reach the guest. Unless the plan name or checkout page expressly says "managed" (such as the Managed Support add-on), the product is a self-managed VPS: you receive root or equivalent access and you alone install, patch, back up, and secure the guest. On a managed plan we operate only the named stack described at purchase. Preloaded AI agent box images are convenience templates.
New servers include one ScaleMax Cloud support SSH key so we can help when you ask. It is listed under Rescue → SSH keys on your server page, and you can remove it at any time; we do not log in to your server unless you ask us to or it is needed to stop abuse or a security incident.
Accounts
You must provide a working email address, keep it current, and protect passwords, API tokens, and SSH keys. You are responsible for all activity under the account, including actions by people you invite. Notify us through dashboard support if you believe the account is compromised.
Billing and auto-renewal
Service is prepaid, monthly or, where you choose it, annually. We accept payment through Cashfree (UPI, cards, net banking, wallets) or UPI QR. On each renewal date the then-current fee is due. Wallet credit is applied first, within the limits shown in your dashboard. We do not currently charge a saved card automatically: if your wallet does not cover the renewal, you pay the rest from the billing area of the dashboard. If we enable automatic card charging, we will tell you by email before it applies to you, and you can turn auto-renew off at any time. A renewal left unpaid or a failed payment is non-payment.
Price changes
We may change plan prices or add-on fees. For a subscription you already pay, we will give at least thirty (30) days' notice by email before an increase applies to your next renewal. If you do not accept the new price, cancel before that date. Time already prepaid is not pro-rated except as the Refund & Cancellation Policy allows for a qualifying first order.
Launch offer code FIRST50
The code FIRST50 takes 50% off the base plan price of the first month only: the listed plan's monthly price, or the base price of a custom size. Add-ons, extra resources and any one-time charge are not discounted. On a yearly order the discount is 50% of one month's base plan price, not of the year. The discount is rounded down to a whole rupee. It is limited to the first five (5) customers, one use per customer, and applies to new server orders only, never to a renewal, an add-on bought later or a wallet top-up. Renewals are charged at the listed price. A use is taken when a paid order or an unpaid checkout that can still be paid holds the code; an unpaid checkout whose payment window has closed releases it. We may end the offer at any time; a code already applied to a paid order is honoured.
A refund of an order placed with this code, including under the seven-day money-back window, refunds the amount you actually paid, not the undiscounted price.
Resource fair use
vCPU, RAM, disk, and monthly bandwidth are the ceilings stated on your plan. Short CPU bursts are normal. Sustained abuse that starves neighbouring tenants — for example pinning allocated cores near 100% for prolonged periods — may be throttled or suspended. Proof-of-work mining is prohibited under the Acceptable Use Policy.
IP addresses and hostnames
Public IP addresses, NAT mappings, and host port numbers may change if we migrate infrastructure or replace hardware. Hostnames we assign are the stable interface. Do not treat an IP address as permanent.
Suspension, termination, and data
We may suspend or terminate service for Acceptable Use Policy violations, illegal activity, or non-payment. For non-payment we allow a three (3) day grace period after a failed renewal; after that the instance may be stopped and network access removed. When you cancel, or when we terminate, data on the virtual disk is retained for seven (7) days and then deleted from the hypervisor and our operational copies. Export anything you need before that window closes.
Availability
We commit to 99.9% monthly uptime of your server, with service credits paid as wallet credit if we fall short. The commitment, the credit table, how uptime is measured, the exclusions and how to claim are in the Service Level Agreement, which forms part of these Terms. Service credits are your sole remedy for downtime.
Liability and governing law
To the maximum extent permitted by Indian law, our aggregate liability is capped at the fees you paid us for the affected instance in the one month immediately before the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, or lost data. These Terms are governed by the laws of India. Courts in India have exclusive jurisdiction, subject to non-waivable consumer rights. We may update these Terms by posting a new version on this page. Questions go to Sagar Aggarwal through ScaleMax Cloud dashboard support or support@scalemaxcloud.com.
Operator
- Legal name
- Sagar Aggarwal
- Registered address
- Dehradun, Uttarakhand 248001, India
- Support email
- support@scalemaxcloud.com
- Billing email
- billing@scalemaxcloud.com
- Phone
- +91 98188 11337
- Chat on WhatsApp
- Support hours
- 9am–11pm IST, every day