Infrastructure Services Disclaimer
Nubis Cloud Inc. ("Nubis", "we", "us") provides cloud infrastructure services including, without limitation, bare-metal compute instances, managed Kubernetes clusters, managed databases, application deployment platform, cloud firewalls, and global DNS services (collectively, "Infrastructure Services"). All Infrastructure Services are provided on an "as is" and "as available" basis. Nubis expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Uptime & SLA
Our 99.99% uptime Service Level Agreement ("SLA") applies strictly to the availability of core hypervisor, networking switch fabric, and storage substrate components in High Availability ("HA") deployments. The SLA does not extend to: (i) application-layer software running inside your instances; (ii) managed Kubernetes control planes or worker nodes in single-node configurations; (iii) scheduled maintenance windows communicated at least 48 hours in advance via status.usenubis.com; (iv) service disruptions caused by your own configuration changes, misuse, or violation of our Acceptable Use Policy; (v) force majeure events including natural disasters, acts of government, war, civil unrest, or internet backbone outages outside our network perimeter. SLA credits are prorated based on monthly commitment and must be formally requested within 30 calendar days of the incident via our billing portal. Credits are non-transferable and may not be exchanged for cash or applied to prior invoice periods.
Data Residency & Sovereignty
Your data is stored in the region you select at provisioning time. Nubis does not automatically replicate, migrate, or transfer your data across regional boundaries without your explicit instruction. For deployments within Nigeria and other African Union member states, Nubis complies with applicable local data protection regulations including the Nigeria Data Protection Act 2023 (NDPA) and its implementing regulations. Customers subject to GDPR, PDPA, or equivalent frameworks are solely responsible for ensuring their use of Nubis Infrastructure Services meets their applicable regulatory obligations. Nubis will not access, read, or process your proprietary application data unless you have explicitly enabled a managed service feature (e.g., automated backup encryption key management) that requires such access, and only to the minimum extent necessary to deliver that feature.
Acceptable Use
Use of Nubis Infrastructure Services is subject to our Acceptable Use Policy ("AUP"). Prohibited activities include, without limitation: operating spam or phishing infrastructure; hosting content that violates applicable law; conducting distributed denial-of-service attacks or network scanning without explicit written authorisation; mining cryptocurrencies without the applicable compute add-on; circumventing billing metering systems; or reselling Infrastructure Services without a current Nubis Reseller Agreement. Nubis reserves the right to suspend or terminate services immediately and without notice where prohibited activity is detected, with or without a refund, at Nubis's sole discretion. Repeated violations may result in permanent account bans and referral to law enforcement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Nubis, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Infrastructure Services, even if Nubis has been advised of the possibility of such damages. Nubis's total cumulative liability arising out of or relating to these terms or the Infrastructure Services, whether in contract, tort, or otherwise, shall not exceed the total amounts paid by you to Nubis in the twelve (12) calendar months immediately preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Pricing & Billing
All prices are quoted in US Dollars (USD) unless otherwise specified at checkout. Nubis reserves the right to modify pricing with 30 days' written notice to registered account holders. Resource usage is metered and billed monthly in arrears based on the active provisioned state of your resources, regardless of actual utilisation. Instances in a STOPPED state continue to accrue storage and reserved IP charges. You are responsible for all taxes, levies, or duties applicable to your purchase in your jurisdiction. Nubis is not responsible for currency conversion fees or foreign transaction charges applied by your payment provider. Promotional credits, vouchers, and trial allowances are non-transferable, expire on the date stated, and may not be applied retrospectively.
Third-Party Services & Integrations
Nubis Infrastructure Services may interoperate with or reference third-party software, APIs, or services (e.g., Terraform providers, GitHub Actions, monitoring integrations). Nubis makes no representations or warranties regarding the availability, accuracy, security, or fitness for purpose of any third-party service. Your use of third-party services is governed by the respective third party's terms and privacy policies. Nubis is not liable for any damages, data loss, or security incidents arising from third-party integrations you configure within your environment.
Governing Law
These terms and any dispute arising out of or related to these terms or the Infrastructure Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Lagos, Nigeria, and you irrevocably consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, Nubis reserves the right to seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights or confidential information.
