Terms and Conditions of Service

UPDATED AUGUST 2026

1. Purpose and acceptance

These Conditions govern the contracting and use of the infrastructure services that Valtriom provides under the VTGO brand: virtual servers (VPS and VDS), dedicated servers, computing with graphics processing units, object storage, web hosting and managed instances of enterprise management systems.

Contracting any of these services implies acceptance of these Conditions. Where a signed contract exists between the parties, its clauses prevail over this document to the extent they conflict.

2. Definitions

• Customer: the natural or legal person who contracts the service.
• Service: the contracted computing, storage or connectivity capacity, with the scope described at the time of purchase.
• Instance: each individual server, container or environment delivered to the Customer.
• Panel: the administration interface that Valtriom makes available to the Customer.
• Billing period: the term for which the service is billed, according to the chosen plan.

3. Formation of the contract

The contract is perfected when the Customer completes the contracting process and Valtriom confirms activation of the service. Pursuant to Law 51 of 2008, contracting carried out by electronic means is fully valid and produces the same effects as contracting done in writing.

Valtriom may reject a contracting request when the data provided is incomplete or inaccurate, when there are outstanding payment obligations, or when the intended use contravenes these Conditions.

4. Scope of the service

Valtriom delivers the instance with the processing, memory, storage and transfer resources indicated in the contracted plan, in the region selected by the Customer. The resources are those stated in the product sheet at the time of purchase.

Valtriom may introduce technical improvements to the platform provided they do not reduce the contracted resources or degrade the service. When a change implies a reduction in scope, it will be communicated to the Customer with reasonable advance notice, and the Customer may terminate the contract without penalty.

5. Prices, billing and payment

Prices are those published at the time of contracting and are expressed in United States dollars, legal tender in Panama. Prices do not include the Tax on the Transfer of Movable Goods and Services, which will be applied in accordance with current legislation.

Valtriom issues an electronic invoice with Panama's Directorate General of Revenue (DGI) for each billed period. Payment is due in advance, at the start of each period.

Non-payment entitles Valtriom to suspend the service in accordance with clause 12, after prior notice to the Customer.

6. Term, renewal and termination

The initial term is the one the Customer chooses when contracting. Once that term expires, the contract renews automatically for equal periods, unless either party gives notice otherwise before the end of the current period.

The Customer may request termination of the service at any time, effective at the end of the period already billed. Periods already started are non-refundable, except in the cases provided for by law or when the termination results from a breach attributable to Valtriom.

Either party may terminate the contract immediately for a serious breach by the other that has not been remedied within fifteen days following written notice.

7. Customer obligations

• Provide truthful contact and billing information and keep it up to date.
• Safeguard their access credentials and immediately report any unauthorized use.
• Keep the software they install and manage on their instance up to date.
• Comply with Panamanian law and the law applicable to the content they host.
• Keep their own backup copies of their information, in accordance with clause 10.

8. Acceptable use

The Customer may not use the service to send unsolicited commercial communications, distribute malicious software, gain unauthorized access to third-party systems, carry out denial-of-service attacks, mine crypto-assets without prior authorization, or host content that infringes third-party rights or current legislation.

Nor may the Customer run processes that compromise the stability of the platform or the service of other customers. Valtriom may adopt proportionate technical measures to contain such situations, informing the Customer.

9. Instance administration

For services with full administrative access, the Customer assumes administration of its instance, including the security of the operating system and of the applications it installs. Valtriom maintains the underlying infrastructure: virtualization, network, power and physical storage.

For managed services, the scope of administration under Valtriom's responsibility is that described in the sheet of the contracted product.

10. Backups and responsibility for data

When the contracted plan includes backups, these are performed at the frequency indicated in its description. Backups are a platform continuity measure and do not replace the Customer's obligation to keep its own copies.

The Customer is responsible for the information it hosts. Valtriom does not access the content of instances except at the Customer's request, by order of a competent authority, or when essential to address an incident affecting the platform.

11. Availability and maintenance

Availability commitments and response times are set out in the Service Level Agreement, which forms an integral part of these Conditions.

Scheduled maintenance windows will be communicated in advance, and efforts will be made to perform them during lower-impact hours. Emergency maintenance may be carried out without prior notice when there is a risk to the security or integrity of the platform.

11 bis. Denial-of-service attack mitigation

Contracted instances have protection against denial-of-service attacks, active automatically and at no additional cost. The system identifies and filters malicious traffic transparently, letting legitimate traffic through, without the Customer having to perform any configuration.

This protection does not constitute a guarantee against every conceivable attack. Certain attacks may not be mitigable due to their pattern or volume, in which case Valtriom will apply the available measures and inform the Customer of the situation. The scope of mitigation corresponds to that provided by the infrastructure on which the service is delivered.

When an attack directed at an instance compromises the stability of the platform or the service of other customers, Valtriom may temporarily isolate the affected instance, informing the Customer as soon as possible.

12. Suspension of service

Valtriom may suspend the service for non-payment, for breach of the acceptable use clause, or at the request of a competent authority. The suspension will be communicated to the Customer stating the cause and, where applicable, the period to remedy it.

During a suspension for non-payment, the Customer's information is retained for thirty days. If that period elapses without the account being brought current, Valtriom may decommission the instance and delete the associated information.

13. Personal data protection

The processing of personal data is governed by Valtriom's Privacy and Data Processing Policy and by Law 81 of 2019.

When the Customer hosts third-party personal data on its instance, the Customer acts as data controller and Valtriom as data processor, limited to the Customer's instructions and to the security obligations that apply to it.

14. Intellectual property and third-party licenses

The Customer retains ownership of its information and of the applications it installs. Valtriom retains ownership of its platform, panels and tools, over which it grants the Customer a non-exclusive, non-transferable right of use for the duration of the contract.

Third-party software made available to the Customer is additionally governed by the terms of its respective owner.

15. Liability

Each party is liable for breach of the obligations it assumes under this contract, in accordance with the general regime of the Civil Code of the Republic of Panama.

The parties acknowledge that, pursuant to article 40 of Law 45 of 2007, clauses that improperly exempt or limit the provider's liability in adhesion contracts are void. Accordingly, no provision of this document shall be interpreted as excluding Valtriom's liability for breach of its essential obligations.

The Customer is liable to Valtriom for damages arising from its use of the service in breach of these Conditions or the law.

16. Force majeure

Neither party shall be liable for non-performance due to fortuitous events or force majeure, as understood under the Civil Code. The affected party must notify the other as soon as possible and take reasonable measures to reduce its impact.

17. Amendments

Valtriom may amend these Conditions to adapt them to regulatory, technical or service changes. Amendments will be published in this same document and communicated to the Customer at least thirty days in advance when they affect the Customer's rights or obligations.

If the Customer does not accept the amendment, it may terminate the contract without penalty before the amendment takes effect.

18. Assignment

The Customer may not assign its contractual position without Valtriom's prior written authorization. Valtriom may assign the contract to a company within its same group, informing the Customer and without altering the agreed terms.

19. Notices

Communications between the parties will be made by electronic means to the registered addresses and will be fully valid pursuant to Law 51 of 2008. The Customer is responsible for keeping its email address current.

20. Governing law and jurisdiction

This contract is governed by the laws of the Republic of Panama. The parties submit to the courts of Panama City, without prejudice to the powers that the law grants to the Authority for Consumer Protection and Defense of Competition when the Customer qualifies as a consumer.

21. Contact

For questions about these Conditions: legal@valtriom.com.