Zypheral — Terms of Service

Effective date: 10 September 2026 Last updated: 10 September 2026 Provider: Zypheral, [COMPANY REGISTRATION NUMBER], registered at [REGISTERED ADDRESS] ("Zypheral", "we", "us", "our").

1. Introduction and acceptance

1.1 These Terms of Service (the "Terms") govern your access to and use of the websites, dashboards, hosting services, email services and related products supplied by Zypheral (together, the "Services").

1.2 By creating an account, purchasing a plan, starting a free trial, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1.3 These Terms incorporate by reference the following documents, each of which forms part of the agreement between you and us:

• the Privacy Policy;
• the Refund Policy;
• the Data Processing Agreement ("DPA"), where you are subject to data protection

legislation that requires one;

• the Acceptable Use Policy set out in clause 7 of these Terms.

1.4 If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

"Account" means the account you register with Zypheral in order to access the Services.

"Account Owner" means the individual or entity in whose name an Account is registered and who is financially responsible for it.

"Authorised User" means a person granted delegated access to an Account under clause 6.

"Customer Content" means all data, files, code, databases, website content, email messages, attachments, domain names, DNS records and other material that you or your Authorised Users upload to, create within, transmit through, or store on the Services, and any material that third parties transmit to you through the Services.

"Email Hosting" means the mailbox and mail-delivery service described in clause 5.

"Hosting Services" means the managed website hosting service described in clause 4.

"Plan" means the subscription tier you have purchased, including its stated resource allowances and included features.

"Subscription Term" means the billing period of your Plan, as described in clause 10.

3. Eligibility, account registration and account responsibilities

3.1 Eligibility. You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, and legally capable of entering into a binding contract.

3.2 Accurate information. You must provide accurate, current and complete information when registering and keep it up to date. We may suspend or terminate an Account that we reasonably believe contains false, misleading or fraudulent information.

3.3 Account security. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorised by you. You must notify us promptly at support@zypheral.com if you become aware of any unauthorised access.

3.4 Authentication. The Services may be accessed using a password you set, or using a third-party sign-in provider where we offer that option. Where you use a third-party sign-in provider, your use of that provider is governed by that provider's own terms.

3.5 Responsibility for users. You are responsible for the acts and omissions of your Authorised Users and of anyone who accesses the Services using your credentials, as if they were your own.

3.6 Contact address. We will send service, billing and security communications to the email address on your Account. You are responsible for ensuring that address remains valid and monitored. Notices we send to that address are deemed received.

4. Hosting Services

4.1 Nature of the service. The Hosting Services are a managed hosting product. We provision and maintain the server environment, apply platform-level updates and security configuration, and issue and renew TLS certificates for domains correctly pointed at the Services.

4.2 Resource allowances. Each Plan includes stated allowances, which may include the number of websites, storage capacity, and the number of included mailboxes. Allowances are stated on the Plan at the point of purchase and in your dashboard. We may contact you where your usage materially and persistently exceeds your allowance, and may require you to upgrade.

4.3 Fair use. Resources are provided for normal website operation. We may take proportionate action, including throttling or requiring an upgrade, where usage disproportionately affects the stability, security or performance of shared infrastructure or of other customers.

4.4 Migration. Where migration is stated as included in your Plan, we will use reasonable efforts to migrate an existing website to the Services. Migration is offered at no additional charge for websites up to the size stated on our website at the time of purchase; larger or materially more complex migrations may require an additional fee, which we will quote to you before proceeding. Migration timescales published on our website are good-faith estimates and not contractual commitments.

4.5 Software you install. You are responsible for the applications, themes, plugins, extensions and custom code you install or run, for their licensing, and for their security and compatibility. We may disable or remove software that is actively causing a security incident, resource abuse, or instability, and will make reasonable efforts to notify you when we do.

4.6 Administrative access. Where the Services provide you with administrative access to an application or environment, you are responsible for the changes you make using it.

5. Email Hosting

5.1 Nature of the service. Email Hosting provides mailboxes at domains you control, accessible through webmail and through standard mail protocols using the settings shown in your dashboard.

5.2 Domain control required. Before we provision mail for a domain, you must demonstrate control of that domain by publishing a verification record we specify, and you must publish the mail-routing records we provide. Mail cannot be delivered to a domain whose records do not point to the Services.

5.3 Allowances. Each email Plan states the number of mailboxes and the storage available. Where a Plan provides a shared storage pool, the pool is shared across all mailboxes on the subscription.

5.4 Filtering. Inbound and outbound mail is subject to automated spam and malware filtering. This filtering necessarily involves automated inspection of messages and attachments for the purpose of detecting unsolicited, fraudulent or malicious content. We do not read, analyse or profile the content of your mail for advertising purposes, and we do not sell it. Automated filtering is not perfect: legitimate mail may occasionally be delayed, quarantined or rejected, and unwanted mail may occasionally be delivered.

5.5 Not a message-of-record or archiving service. Email Hosting is a mail transport and storage service. It is not an archiving, journaling, e-discovery or regulatory retention product. If you are subject to obligations requiring the immutable retention of business communications, you must implement a separate solution.

5.6 Sending conduct. You must not use Email Hosting to send unsolicited bulk mail, and you must comply with clause 7. Mail volumes and sending behaviour may be subject to rate limits applied for platform stability and deliverability.

5.7 Deliverability. Delivery of mail to third-party providers depends on those providers' own filtering, reputation and policy decisions, which are outside our control. We do not warrant that any particular message will be accepted or delivered to any recipient's inbox.

6. Delegated account access

6.1 Invitations. An Account Owner may invite other people to access the Account by email invitation. An invitation confers access only when accepted and only for the role granted.

6.2 Roles. Delegated access is granted by role. Roles determine which parts of the Account an Authorised User may view and change, and may be limited to specified websites. Certain actions are reserved to the Account Owner in all cases, including purchasing, changing and cancelling subscriptions, managing payment methods, and managing delegated access itself.

6.3 Responsibility. The Account Owner remains responsible for all activity carried out by Authorised Users, remains the contracting party, and remains financially responsible for the Account.

6.4 Withdrawal. The Account Owner may revoke delegated access at any time. Revocation takes effect for future access; it does not undo actions already taken.

6.5 Record of activity. We maintain a record of significant account-administration actions, including the identity of the acting user, for security and audit purposes.

7. Acceptable use

7.1 You must not use the Services to store, transmit, host, link to or facilitate:

(a) material that is unlawful in any jurisdiction relevant to you, us, or the location of the infrastructure serving your account; (b) child sexual abuse material, which we will report to the relevant authorities without notice to you; (c) material that infringes the intellectual property rights of others; (d) malware, ransomware, exploit kits, credential-harvesting tools, or phishing pages; (e) unsolicited bulk or commercial email, or any activity that supports it, including hosting the landing pages, list infrastructure, or payment pages for such campaigns; (f) denial-of-service activity, port scanning, intrusion attempts, or unauthorised access to any system; (g) cryptocurrency mining, distributed computing, or other workloads whose primary purpose is to consume compute resources; (h) open proxies, anonymising relays, or open mail relays; (i) material that is defamatory, harassing, or that incites violence or unlawful discrimination; (j) content or conduct that places us at material risk of legal liability, regulatory action, network blocklisting, or reputational harm.

7.2 Prohibited technical conduct. You must not attempt to circumvent resource limits, security controls, isolation between environments, or authentication mechanisms; probe or test the vulnerability of the Services except under a written authorisation from us; or resell or sublicense the Services except as expressly permitted.

7.3 Reporting. Suspected abuse may be reported to support@zypheral.com.

7.4 Enforcement. We may investigate suspected breaches and take proportionate action under clause 12, including removing specific content, suspending a specific service, or suspending the Account. Where a breach presents an immediate risk to the platform, to third parties, or to our legal position, we may act without prior notice and will notify you as soon as reasonably practicable.

8. Customer Content and your responsibilities

8.1 Ownership. As between you and us, you retain all right, title and interest in Customer Content. We claim no ownership of it.

8.2 Licence to operate the Services. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and otherwise process Customer Content solely to the extent necessary to provide, maintain, secure and support the Services, and to comply with law. This licence ends when the Customer Content is deleted, save for copies retained in routine system records for the period necessary.

8.3 Your warranties. You represent and warrant that you have all rights necessary to store and process Customer Content on the Services, and that Customer Content and its use do not violate clause 7 or any applicable law.

8.4 Your operational responsibilities. You are responsible for:

(a) the content, legality and licensing of everything you publish or transmit; (b) the security of the applications, plugins, themes and code you run, and for applying application-level updates where those are within your control; (c) the accuracy of your DNS records where you manage them yourself; (d) maintaining your own copies of any Customer Content whose loss would harm you, to the extent that a backup service is not contractually provided to you under your Plan; (e) compliance with any laws applicable to your own use of the Services, including data protection, consumer protection and electronic communications law.

9. Domains, DNS and third-party dependencies

9.1 Registration. Unless expressly stated on your Plan, Zypheral is not a domain registrar and does not register or renew domain names on your behalf. You are responsible for registering, renewing and retaining control of your domains.

9.2 DNS. Correct operation of both Hosting Services and Email Hosting depends on DNS records that we specify being published and maintained. Where you manage DNS yourself or through a third party, you are responsible for those records. Loss of service caused by incorrect, removed or expired DNS records, or by domain expiry, is not a failure of the Services.

9.3 Third-party services. The Services interoperate with third-party providers, including payment processing and certificate issuance. Those services are provided by their operators on their own terms, and their availability is outside our control. Interruption of a third-party dependency may affect the Services.

10. Fees, billing, subscriptions and renewal

10.1 Fees. Fees are those stated at the point of purchase. Unless expressly stated otherwise, fees are exclusive of value added tax, sales tax and any other applicable taxes, which will be added where required and which you are responsible for paying.

10.2 Currency. Fees are charged in US Dollars (USD). Where your payment instrument is denominated in another currency, your provider's conversion rate and fees apply.

10.3 Payment processing. Payments are processed by our third-party payment processor. Zypheral does not receive, process or store full payment card numbers. Card details are provided by you directly to the payment processor and are held by it. We retain only a processor-issued reference to your payment method and limited non-sensitive details such as card brand, last four digits and expiry, so that you can identify the method in your dashboard.

10.4 Subscription Term and automatic renewal. Plans are sold as subscriptions for the term stated at purchase. Subscriptions renew automatically at the end of each Subscription Term at the then-current rate for your Plan, and your payment method is charged automatically, unless cancelled before the renewal date in accordance with clause 12.

10.5 Renewal is not conditional on notice from us. We may send renewal reminders as a courtesy, but the absence of a reminder does not prevent or invalidate a renewal.

10.6 Price changes. We may change the price of a Plan. A price change will not affect the Subscription Term already paid for, and we will give you at least [PRICE CHANGE NOTICE PERIOD] notice before it applies to a renewal, so that you may cancel if you do not accept it.

10.7 Failed payments. If a charge fails, we may re-attempt it, and the consequences set out in clause 12 and in the Refund Policy apply. You remain liable for amounts properly due.

10.8 Upgrades and downgrades. Upgrades take effect when processed and may be subject to a prorated charge. Downgrades take effect as stated at the time of the change and may require you to reduce usage to fit the target Plan first. We do not delete Customer Content in order to fit a downgraded Plan.

10.9 Refunds. Refunds are governed by the Refund Policy, which forms part of these Terms.

11. Free trials

11.1 Where we offer a free trial, its duration and scope are those stated at the point the trial is offered or accepted.

11.2 A trial converts into a paid subscription at the end of the trial period unless cancelled before it ends. The conversion charge and the renewal date are shown to you before the trial starts.

11.3 A trial is provided once per customer per product unless we state otherwise. We may withdraw or decline a trial, and may limit trials where we reasonably suspect abuse or duplicate accounts.

11.4 Having previously received a free trial does not, by itself, create a right to a refund of the charge that follows it. This is addressed in full in the Refund Policy.

11.5 Trials may exclude certain features, and features available during a trial may differ from those in the paid Plan.

12. Suspension, non-payment, cancellation and termination

12.1 Cancellation by you. You may cancel a subscription at any time from your dashboard, or by contacting us. Unless the Refund Policy provides otherwise, cancellation takes effect at the end of the Subscription Term already paid for, and the Services remain available until then.

12.2 Suspension for non-payment. If a subscription charge is not paid, we may suspend the affected service. Suspension means that the service stops operating: for Hosting Services the website ceases to be served, and for Email Hosting incoming mail is rejected and mailbox sign-in is refused.

12.3 Suspension is not deletion. Suspension for non-payment does not delete Customer Content. Data retention following suspension is governed by clause 13 and by the Refund Policy.

12.4 Suspension for cause. We may suspend the Services immediately, in whole or in part, where we reasonably determine that: there is a breach of clause 7; there is an active security compromise; continued operation presents a risk to other customers, to third parties, or to the platform; or we are required to do so by law or by a competent authority.

12.5 Termination by us for convenience. We may terminate these Terms on [TERMINATION NOTICE PERIOD] written notice. Where we do so other than for cause, we will refund the unused portion of any prepaid fees on a pro rata basis.

12.6 Termination for cause. We may terminate immediately where you materially breach these Terms and fail to remedy the breach within [CURE PERIOD] of written notice, or immediately and without a cure period where the breach is incapable of remedy, where clause 7.1(b) applies, or where you become insolvent.

12.7 Effect of termination. On termination, your right to access the Services ends. Amounts properly due remain payable. Clauses which by their nature should survive — including clauses 8, 14, 15, 16, 17, 18, 19 and 21 — survive termination.

13. Data retention and deletion

13.1 Retrieval before you leave. You are responsible for exporting Customer Content before cancelling or allowing a subscription to lapse. We recommend that you do so while the Services are still active, because retrieval is materially harder once a service is suspended.

13.2 Email Hosting retention following suspension. Where an Email Hosting subscription is suspended for non-payment:

(a) mail service stops at suspension; (b) Customer Content associated with the subscription — mail domains, mailboxes, stored messages and configuration — is retained for 30 days from the date of suspension; (c) if the outstanding amount is paid within that retention period, the service is restored and retained Customer Content becomes accessible again; (d) if the subscription remains unpaid at the end of that retention period, the retained Customer Content may be permanently deleted, and deletion is irreversible.

13.3 The retention period is not additional service. During the retention period the service does not operate. Mail is not accepted, delivered or accessible. The retention period exists to protect data, not to extend the subscription.

13.4 Deletion on request. You may ask us to delete Customer Content at any time. Deletion requested by you is irreversible.

13.5 Residual copies. Following deletion, isolated copies may persist briefly in routine system records until those records are themselves overwritten in the ordinary course. Such copies are not made available and are not restorable to you.

14. Service availability, maintenance and support

14.1 No service level agreement. We use reasonable efforts to keep the Services available. These Terms do not include a service level agreement, an uptime commitment, or service credits. Availability figures shown in marketing material are illustrative and are not contractual commitments.

14.2 Maintenance. We may carry out maintenance, which may make the Services temporarily unavailable. We will use reasonable efforts to schedule disruptive maintenance outside peak periods and to give advance notice, except where maintenance is urgent or security-related.

14.3 Support. Support is provided through the channels and at the levels stated for your Plan, currently by email to support@zypheral.com. Response times published in marketing material are targets, not guarantees.

14.4 Modification of the Services. We may add, change, or discontinue features. Where we discontinue a material feature that you rely on, we will give reasonable notice, and if the change materially and adversely affects you, you may terminate the affected subscription and receive a pro rata refund of the unused prepaid portion.

15. Intellectual property

15.1 Our property. The Services, our software, dashboards, documentation, trade marks, and the "Zypheral" name and logo are and remain our property or that of our licensors. Nothing in these Terms transfers any right in them to you.

15.2 Limited licence to you. We grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Term, solely for your own business or personal purposes and in accordance with these Terms.

15.3 Restrictions. You must not copy, modify, reverse engineer, decompile, or create derivative works of our software, except to the extent that such restriction is prohibited by applicable law.

15.4 Third-party and open-source software. The Services incorporate third-party and open-source components licensed by their respective owners. Nothing in these Terms limits your rights, or extends your obligations, under those licences.

15.5 Feedback. If you send us suggestions, we may use them without restriction or obligation to you.

16. Confidentiality

16.1 Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information").

16.2 The receiving party will use Confidential Information only to perform under these Terms, will protect it using at least reasonable care, and will not disclose it except to its personnel and advisers who need it and are bound by comparable obligations.

16.3 Confidential Information does not include information that is or becomes public through no breach, was known without obligation before disclosure, is independently developed, or is lawfully received from a third party.

16.4 Disclosure required by law or by a competent authority is permitted, provided that, where lawful, the disclosing party is given prior notice and a reasonable opportunity to object.

16.5 Customer Content is treated as your Confidential Information, and its processing is additionally governed by the Privacy Policy and, where applicable, the DPA.

17. Disclaimers

17.1 To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", and we disclaim all warranties, conditions and representations not expressly stated in these Terms, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

17.2 We do not warrant that the Services will be uninterrupted, error-free, or free from vulnerability; that defects will be corrected; that the Services will meet your requirements; or that any particular email message will be delivered, accepted, or classified as legitimate by a receiving provider.

17.3 We do not warrant that use of the Services will make you compliant with any law or standard applicable to you.

17.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any statutory rights of a consumer that cannot be waived.

18. Limitation of liability

18.1 Subject to clause 17.4, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings, business opportunity, or for loss or corruption of data, however caused and under any theory of liability, even if advised of the possibility.

18.2 Subject to clause 17.4, our total aggregate liability arising out of or in connection with these Terms and the Services, in any period of twelve consecutive months, is limited to the total fees actually paid by you to us for the affected Service in the [LIABILITY LOOKBACK PERIOD — e.g. twelve (12) months] immediately preceding the first event giving rise to the liability.

18.3 The limitation in clause 18.2 does not apply to your obligation to pay fees properly due, or to your liability under clause 19.

18.4 Data. Because the loss of data cannot be fully guarded against by any provider, and because you control what you store and may hold your own copies, you accept that maintaining your own copies of business-critical Customer Content is a reasonable allocation of risk between us, to the extent that a backup service is not contractually provided under your Plan.

18.5 Each provision of this clause operates separately. If any part is held unenforceable, the remainder continues to apply.

19. Indemnification

19.1 You will defend, indemnify and hold harmless Zypheral, its affiliates, and their respective officers, employees and agents from and against any third-party claim, and any resulting loss, liability, damages, cost and reasonable legal fees, arising out of or relating to:

(a) Customer Content, including any claim that it infringes intellectual property rights or violates privacy or publicity rights; (b) your breach of clause 7 or of any applicable law; (c) your use of the Services in breach of these Terms; (d) any dispute between you and an Authorised User or an end user of your website or mail service.

19.2 We will notify you of any claim to which this clause applies, give you reasonable control of the defence (except that you may not settle in a way that imposes obligations on us without our consent), and provide reasonable cooperation at your expense.

20. Changes to these Terms

20.1 We may amend these Terms. We will publish the amended Terms and update the "Last updated" date.

20.2 For changes that materially and adversely affect your rights, we will give at least [TERMS CHANGE NOTICE PERIOD] notice, by email to the address on your Account or by prominent notice in the dashboard, before the change takes effect.

20.3 If you do not accept a material change, your remedy is to cancel before it takes effect and receive a pro rata refund of any unused prepaid fees. Continued use after the effective date constitutes acceptance.

21. General

21.1 Governing law. These Terms and any dispute arising out of them are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to its conflict-of-laws rules.

21.2 Jurisdiction. The courts of [COURTS / VENUE] have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction, and except where mandatory law gives a consumer the right to bring proceedings in their country of residence.

21.3 Consumers. Where you contract as a consumer, mandatory consumer protection rights in your country of residence are unaffected by these Terms.

21.4 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disaster, war, civil unrest, industrial action, failure of a telecommunications or utility provider, government action, or large-scale internet disruption.

21.5 Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, acquisition or sale of assets, on notice.

21.6 Entire agreement. These Terms, together with the documents incorporated in clause 1.3, constitute the entire agreement between the parties on this subject and supersede prior discussions. Marketing statements that are not incorporated do not form part of the agreement.

21.7 Severability. If a provision is held invalid or unenforceable, it is modified to the minimum extent necessary, or severed, and the remainder continues in force.

21.8 No waiver. A failure to enforce a provision is not a waiver of it.

21.9 Notices. Notices to you are sent to the email address on your Account. Notices to us must be sent to support@zypheral.com and, where these Terms require written notice, also to [REGISTERED ADDRESS].

21.10 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

21.11 Third parties. A person who is not a party has no right to enforce these Terms.

22. Contact

Zypheral [REGISTERED ADDRESS]

• General and support enquiries: support@zypheral.com
• Legal notices: support@zypheral.com
• Abuse reports: support@zypheral.com
• Privacy and data protection: support@zypheral.com
• Security disclosure: support@zypheral.com