Terms of Service

Master Service Agreement for Holo Hosting

This Master Service Agreement (the “Agreement”) is entered into by and between Holo Limited (“Holo”) and the customer (“Customer”) identified in the associated order form. This Agreement governs the use of Holo’s services using the Holo network (the “Service”). By using the Service, Customer agrees to be bound by this Agreement.

1. Definitions

  • Service: Refers to the provision of any type of hosting, configuration, related to routing, compute, storage or processing of any form on the Holo network.
  • Holo Network: A distributed network of devices operating in concert with Holo’s coordinating network layers and services to enable decentralized hosting services.
  • Customer Data: Any data, files, content, or materials that the Customer uploads, transmits, or stores on the Service.
  • Service Fees: The charges applicable for the use of the Service as set forth in the associated order form or pricing schedule.
  • Agreement Term: The duration of this Agreement, including any renewals as described in the Order Form.
  • Order Form: Customers complete an order form outlining the services they require. The submission of the form requires acceptance of this MSA and related policies as well as the prices for the service based on the then current price list.

2. Scope of Services

  • 2.1 Service Description: Holo will provide services for Customers using the Holo network. A services list can be found in the Order Form and in the associated pricing list.
  • 2.2 Uptime Commitment: Holo provides a default Service Level Agreement (SLA) guaranteeing 95% uptime for the Service, excluding scheduled maintenance, Force Majeure events, and outages caused by Customer actions or third-party software. Customers may opt into a Premium SLA guaranteeing 99% uptime for an additional cost as specified in the associated services order form.
  • 2.3 Support: Holo will provide technical support for the Service on a best efforts basis.
  • 2.4 Quality of Service and Latency: Holo will use commercially reasonable efforts to minimize latency and ensure consistent quality of service (QoS), acknowledging that latency may vary depending on:
    • The geographic distribution of HoloPort nodes
    • Network congestion or third-party ISP performance
    • The computational demands of Customer’s hosted application
    • Force Majeure events or other factors outside Holo’s reasonable control

5. Term and Termination

  • 5.1 Agreement Term: This Agreement begins on the date the Service is provisioned and continues for the duration of the agreed billing cycle. The Agreement will automatically renew unless terminated as described.
  • 5.2 Termination by Customer: Customer may terminate by giving written notice at least 30 days before the end of the current billing cycle.
  • 5.3 Termination by Holo: Holo may suspend or terminate the Service immediately for:
    • Violation of the Agreement or Acceptable Use Policy
    • Non-payment of fees
    • Threats to network stability or security
  • 5.4 Effect of Termination: Upon termination, access to Service ends. Customer Data will be made available for download or transfer for 30 days.

6. Warranties and Disclaimers

6.1 Disclaimer of Warranties: Except as expressly stated, the Service is provided “AS IS” and Holo disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

  • 7.1 No Indirect Damages: Holo is not liable for indirect, incidental, or consequential damages.
  • 7.2 Liability Cap: Holo’s total liability shall not exceed the amount paid by Customer in the previous 6 months.

8. General Terms

  • 8.1 Governing Law: This Agreement is governed by the laws of Gibraltar.
  • 8.2 Force Majeure: Holo is not responsible for delays or failures due to events beyond its control.
  • 8.3 Entire Agreement: This Agreement represents the full understanding between the parties and supersedes previous agreements unless specified in the Order Form.
  • 8.4 Amendments: Holo may update this Agreement with notice. Continued use indicates acceptance.
  • 8.5 Severability: If any provision is invalid, remaining provisions will stay effective.
  • 8.6 Assignment: Customer may assign with written consent. Holo may assign without restriction.

By using the Service, Customer acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement and all associated terms included in our Abuse Policies and Usage Policies.

Effective Date: Jan 14th, 2025
Last Reviewed: Jan 14th, 2025