Terms of Service

Effective: August 5, 2026 · Version 1.0

1. The Service

Otherlay Kft. ("Otherlay", "we", "us") provides dedicated Apple Silicon infrastructure — physical Mac computers hosted in our Budapest datacenter, accessible via a browser-based control plane (the "Console") and SSH or Screen Sharing connections (collectively, the "Service").

These Terms apply to anyone who creates an account, provisions a Mac, or uses the Console (a "Customer"). By using the Service, you agree to these Terms.

2. Accounts

You must provide accurate registration information and keep it current. You are responsible for all activity under your account. Credentials (passwords, API tokens, SSH keys) must be kept confidential. Notify us immediately of any unauthorized access.

Accounts are for the named organization or individual. You may not resell, sublicense, or transfer Mac allocations without a written reseller agreement.

3. Mac Provisioning & Allocation

When you provision a Mac, you are reserving a dedicated physical Apple Silicon machine. Billing begins when the machine enters the RUNNING state. You may stop a machine at any time; billing continues while the machine is allocated to your account, regardless of power state (bare metal hardware is reserved exclusively for you).

We aim to deliver provisioned Macs within the timeframe shown in the Console. Delivery times are estimates, not guarantees. We are not liable for delays caused by hardware availability, datacenter maintenance, or force majeure events.

4. Acceptable Use

Use of the Service is governed by our Acceptable Use Policy. Prohibited activities include: illegal content or activity, network abuse (DDoS, port scanning, spam), cryptocurrency mining without prior written approval, and any use that causes disproportionate resource consumption or interferes with other customers.

We reserve the right to suspend or terminate access for AUP violations without prior notice. Where practical, we will notify you and provide an opportunity to remedy non-egregious violations.

5. Payment Terms

Fees are billed monthly in advance based on your active plan subscriptions. Payment is due upon invoice. Invoices are issued on the billing date shown in the Console. Late payments accrue interest at the rate specified in the invoice (not exceeding the maximum permitted by Hungarian law).

All prices are in Euros (EUR) and exclude VAT. You are responsible for any additional taxes, duties, or fees imposed by your jurisdiction.

Failed payments result in account suspension after a grace period. We retain your data and Mac allocations for a retention period (default 48 hours) before releasing the hardware. Reactivation with payment in full restores your allocations where still available.

6. Cancellation & Termination

You may cancel a subscription at any time from the Console. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods unless required by law.

We may terminate your account: (a) for breach of these Terms or the AUP, with notice where practical; (b) if you fail to pay outstanding invoices after the retention period; or (c) if we discontinue the Service, with 30 days' notice.

Upon termination, you must retrieve your data within the retention window. We permanently delete all customer data within 30 days of termination, except as required for legal or audit purposes.

7. Data Handling & Security

We process personal data as described in our Privacy Policy. Otherlay acts as a data processor for customer content stored on allocated Macs. We do not access, inspect, or scan your Macs, data, or repository content without your explicit instruction or as required by law.

You are responsible for: (a) encrypting sensitive data at rest; (b) maintaining your own backups; (c) securing your SSH keys, access credentials, and browser sessions. We provide the infrastructure; you control what runs on it.

Pilot backup boundary: the pilot has no automated backup of allocated Macs, Otherlay Drive, or platform state. Otherlay Drive is primary storage and is not a recoverable backup. You must keep an independent copy of important data.

8. Service Level

We strive for high availability but do not guarantee uninterrupted service. Planned maintenance is announced in the Console at least 48 hours in advance. Emergency maintenance may occur with minimal notice.

Our liability for service unavailability is limited to a pro-rata service credit for the affected period, calculated at your request and applied to your next invoice. This is your sole remedy for downtime.

9. Limitation of Liability

To the fullest extent permitted by law, Otherlay's total liability for any claim arising from the Service is limited to the fees you paid in the 12 months preceding the claim. We are not liable for indirect, consequential, or incidental damages, including lost profits, lost data, or business interruption.

Nothing in these Terms limits liability for: fraud, death or personal injury caused by negligence, or any liability that cannot be excluded by Hungarian law.

10. Governing Law

These Terms are governed by Hungarian law. Any dispute shall be resolved by the competent courts of Budapest, Hungary. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. Changes to Terms

We may update these Terms from time to time. Material changes are communicated by email and in the Console at least 30 days before taking effect. Continued use after the effective date constitutes acceptance of the revised Terms.

Otherlay Kft. · Budapest, Hungary · Legal contact: legal@otherlay.eu