Terms of sale

This is a courtesy translation. Only the French version is legally binding.

In force as of 8 June 2026.

Note: this text is a starting point, written honestly from how the service actually works. Before the first sale to an outside customer, it is strongly recommended to have a lawyer review it, so it matches the specifics of Ephais SAS and the latest regulatory changes.

Article 1 — Subject matter

These terms of sale (the “Terms of Sale”) govern the contractual relationship between Ephais SAS (the “Provider”) and any individual or company that subscribes to the ho.ma service (the “Customer”).

The ho.ma service provides access to an isolated environment (a “tenant”) hosted on a shared Kubernetes cluster operated by the Provider. Each tenant comes with a resource cap (vCPU, memory, persistent storage) set when the subscription is taken out; billing covers the resources actually consumed, within that cap.

Article 2 — Subscription

Subscription happens through a written exchange (email) between the Customer and the Provider. It takes effect on the date access is actually made available (delivery of the kubeconfig).

The Customer warrants that the information provided (company name, technical contact, billing contact) is accurate, and undertakes to keep it up to date.

Article 3 — Pricing and billing

The service is billed on a “pay-as-you-go”, actual-usage model: the amount due for a given period equals, for each resource (vCPU, memory, storage), the time integral of the quantity actually active in the tenant (measured periodically) multiplied by the unit rate published on the Pricing page, plus a flat space (“namespace”) fee applied for as long as the tenant exists. A compute resource that is not active is not billed; only the space fee keeps running until the tenant is deleted.

Unit rates are quoted excluding tax; applicable VAT is added under the legislation in force. Consumption is measured at regular intervals (on the order of a minute).

Weekly charge. Usage is charged every Monday, from 09:00 (Paris time), for the week just ended, to the payment method on file. Where the amount due for a week is below fifty euro cents (€0.50 excl. tax), it is not charged: it is carried over and accumulated with the following weeks until it reaches that threshold. No period of consumption is ever billed twice.

Monthly summary invoice. An invoice is issued monthly, within the first five (5) business days of the following month. It breaks down, per resource (vCPU·h, GiB·h of memory, GiB·h of storage, space fee), the quantities consumed, the corresponding amounts and the weekly charges already taken during the month. The detail of each charge is also available at any time from the console.

The Provider may change its unit rates. Any change is notified to the Customer by email with thirty (30) days' notice. New rates only take effect from the date stated in the notification, and only apply to consumption hours after that date. If the Customer does not accept them, they may terminate without notice or penalty.

Payment method. Credit or debit card via Stripe. The Customer registers a card imprint (€0 authorisation) when creating their first tenant; weekly charges are then taken automatically from that card. Card data is handled exclusively by Stripe and never passes through the Provider's servers.

Failed payment. If a charge fails, the Provider notifies the Customer by email on the same day, then at three (3) days and at seven (7) days. Failing settlement within ten (10) days of the first failure, the Provider may suspend the execution of the tenant's workloads: this suspension is reversible — data, persistent volumes, configurations and hostnames are preserved, and service resumes automatically once payment is settled. No data is ever deleted because of non-payment. Late-payment interest accrues at the statutory rate and the flat-rate recovery fee of forty (40) euros is due, under articles L441-10 and L441-11 of the French Commercial Code.

Article 4 — Term and termination

The contract runs for an indefinite term, with no minimum commitment. Either party may terminate at any time by written notification (email) with 15 days' notice.

On termination, the Provider gives the Customer:

  • a YAML export of all the tenant's resources (manifests, configmaps, secrets);
  • a tarball export of the tenant's persistent volumes (PVCs).

This export stays available for 30 days from the effective termination date. After that, all the tenant's data is permanently erased, with no way to get it back.

Article 5 — The Provider's obligations

The Provider undertakes to:

  • give the Customer access to their tenant under the terms of the plan taken out;
  • keep the service available to a reasonable quality target (which does not amount to a contractual SLA at this stage);
  • notify the Customer by email of any planned maintenance likely to affect the service, at least 48 hours in advance;
  • answer support requests within 24 business hours;
  • log every operation performed on the Kubernetes API by the Customer's identities (server-side audit log);
  • keep the Customer's data confidential in accordance with the privacy policy.

Article 6 — The Customer's obligations

The Customer undertakes to:

  • use the service in accordance with the terms of use;
  • not attempt to reach resources outside their own tenant, not circumvent the isolation mechanisms, and not run workloads meant to disrupt the service or other tenants;
  • keep their kubeconfig and other authentication tokens confidential; any compromise must be reported to the Provider immediately;
  • pay invoices when due.

Article 7 — Availability, service level

The service is provided “as is”, with no contractual availability guarantee (SLA) at this early stage. The Provider makes its best efforts to keep it running continuously.

Interruptions for planned maintenance do not count as unavailability under this article.

Article 8 — Liability

The Provider cannot be held liable for:

  • the consequences of the Customer using the service improperly;
  • data loss caused by backups being misconfigured on the Customer's side;
  • indirect damages (loss of business, loss of profit, damage to reputation).

In any event, the Provider's liability, on all grounds combined, is limited to the total amount invoiced to the Customer over the twelve (12) months preceding the triggering event.

Article 9 — Force majeure

Neither party can be held liable for failing to meet its obligations because of a force majeure event as defined by article 1218 of the French Civil Code.

Article 10 — Confidentiality

Each party undertakes to keep confidential the information exchanged while performing the contract. This undertaking lasts for two years after termination.

Article 11 — Changes to these Terms of Sale

The Provider may amend these Terms of Sale. Any substantial change is notified to the Customer by email with 30 days' notice. If the Customer does not accept it, they may terminate without notice or penalty.

Article 12 — Governing law and jurisdiction

These Terms of Sale are governed by French law. Failing an amicable settlement, any dispute will be brought before the courts having jurisdiction over the Provider's registered office.