Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the WPShift platform, website, dashboard, APIs, software, and related services (collectively, the “Service”) provided by WPShift, registered in the Netherlands under KvK number 94904561 (“WPShift”, “we”, “us”, or “our”).

By creating an account, clicking to accept these Terms, or accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to that entity.

These Terms should be read together with our Privacy Policy and Refund Policy. If a separate written agreement between you and WPShift applies to the same subject matter, that agreement will control to the extent of any conflict.

1. What WPShift provides

WPShift provides a software platform that enables users to provision, configure, automate, deploy, monitor, and manage WordPress servers, WordPress sites, and related infrastructure.

Depending on the configuration chosen by the user:

• servers may be provisioned via third-party cloud or infrastructure providers using the user’s own API credentials or accounts; or

• servers may be provisioned on infrastructure selected and managed by WPShift (“WPShift Cloud”).

WPShift is a management and automation platform. Unless explicitly stated otherwise in a separate written agreement, WPShift is not a managed hosting provider, managed security provider, or operator of third-party infrastructure used through connected provider accounts.

2. Eligibility and account registration

To use the Service, you must create an account and provide accurate, current, and complete information.

You must be at least 18 years old and legally capable of entering into a binding agreement.

You are responsible for:

• maintaining the confidentiality and security of your account;

• all activities that occur under your account;

• safeguarding API keys, access tokens, SSH keys, and other credentials connected to the Service.

You must notify us immediately if you suspect unauthorized access to your account or any other security incident affecting your use of the Service.

We may refuse registration, limit access, or suspend accounts where reasonably necessary to protect the Service, comply with law, or prevent abuse.

3. Automated actions and infrastructure risk

WPShift provides automation tools that execute actions on your behalf, including but not limited to server provisioning, package installation, firewall changes, SSL provisioning, deployments, backups, restores, updates, migrations, and performance or health checks.

By using the Service, you acknowledge and accept that:

• automated actions may fail, be incomplete, or produce unexpected results;

• third-party APIs and infrastructure may behave unpredictably, change without notice, or become unavailable;

• deployments, updates, migrations, restores, and configuration changes may impact server stability, availability, security, or performance;

• automation and infrastructure tooling inherently involve risk of downtime, misconfiguration, corruption, deletion, or data loss.

You are solely responsible for reviewing, validating, and monitoring all actions performed through the Service.

WPShift is not responsible for any damage, downtime, misconfiguration, corruption, or data loss resulting from automated actions, third-party systems, or actions initiated by you or under your account.

4. Subscription plans, billing, cancellations, and refunds

4.1 Subscriptions

WPShift operates on a subscription basis. Different plans provide access to different features, limits, usage levels, and support entitlements.

Plan limitations may include, for example:

• number of servers;

• number of WordPress sites;

• available features;

• resource allowances;

• team or collaboration features.

You are responsible for selecting a plan that meets your needs.

4.2 Add-ons and usage-based services

In addition to subscription plans, WPShift may offer optional add-ons and usage-based services, including but not limited to:

• additional backup storage;

• additional email storage;

• WPShift Cloud server usage;

• bandwidth, compute, storage, transfer, backup, or other metered resources;

• other allocated or consumption-based services.

These services may be billed based on actual usage, reserved capacity, allocated resources, or other metrics displayed in the platform.

You are responsible for monitoring your usage and associated costs.

4.3 Billing cycle

Subscription fees are billed in advance on a recurring monthly or yearly basis, depending on the plan selected.

Usage-based services and add-ons may be billed:

• in arrears based on actual consumption; or

• in advance based on allocated capacity or reserved resources,

as indicated in the platform, during checkout, or in your billing settings.

You authorize WPShift and any authorized payment processor or reseller used by WPShift to charge your selected payment method for all applicable fees, taxes, and charges.

4.4 Paddle-processed transactions

Where a purchase, subscription, renewal, or other transaction is processed through Paddle, Paddle acts as reseller or merchant of record for that transaction.

For Paddle-processed transactions, billing, payment processing, renewals, subscription management, refunds, and any applicable withdrawal or consumer rights are subject to Paddle’s applicable buyer terms, refund policy, and mandatory law.

Any refund approved or required for a Paddle-processed transaction will be processed through Paddle and not directly by WPShift.

4.5 Price changes

We may change pricing from time to time, including subscription fees, usage rates, and add-on pricing.

Any price changes will apply from the next billing cycle or next usage period after reasonable notice, unless a different effective date is required by law, a payment provider, or a reseller framework used for billing.

4.6 Payment obligations and failed payments

You must maintain a valid payment method on file.

If payment fails, your account becomes overdue, or charges remain unpaid, WPShift may, without limitation:

• suspend or restrict access to the Service;

• pause, throttle, suspend, or power off WPShift Cloud servers;

• disable backups, email services, or other features;

• restrict provisioning of new resources;

• remove access to premium functionality;

• terminate the account after reasonable notice, where appropriate.

You acknowledge that suspension, throttling, restriction, or shutdown resulting from non-payment may cause downtime, degraded performance, or data loss.

You remain responsible for all charges incurred prior to suspension or termination, including accrued usage-based charges.

4.7 Cancellations

You may cancel your subscription at any time through your account, unless a minimum committed term was expressly agreed in writing.

Unless otherwise required by applicable law or applicable Paddle buyer terms, cancellation takes effect at the end of the current billing period. You will not be charged again for a future renewal period after cancellation becomes effective.

Cancellation does not retroactively cancel or refund charges already incurred.

4.8 Refunds

Refunds, statutory withdrawal rights, and cancellation rights are described in our Refund Policy.

For purchases processed through Paddle, refunds, statutory withdrawal rights, and cancellation rights are also subject to Paddle’s applicable buyer terms, refund policy, and mandatory law.

Nothing in these Terms limits any non-excludable refund, withdrawal, cancellation, or consumer protection rights that may apply under applicable law.

5. Third-party providers and WPShift Cloud

5.1 User-provided providers

When you connect your own infrastructure or third-party provider account, such as DigitalOcean, Hetzner, Vultr, Linode, AWS, Google Cloud, or similar providers:

• you remain the customer of that provider;

• you are responsible for all charges, configurations, permissions, and actions under that provider account;

• your relationship with that provider is governed by that provider’s own terms, policies, and documentation.

WPShift is not responsible for:

• third-party outages;

• third-party API changes;

• pricing changes by providers;

• suspensions or enforcement actions by providers;

• infrastructure failures;

• provider-side backups or networking issues;

• data loss caused by provider issues.

5.2 WPShift Cloud

When using WPShift Cloud, servers and related infrastructure are provisioned on infrastructure selected and managed by WPShift. At the time of these Terms, WPShift Cloud is operated using infrastructure provided by Hetzner.

By using WPShift Cloud, you acknowledge and agree that the availability, performance, network connectivity, location, and operation of WPShift Cloud may depend on Hetzner and other upstream providers, and may be subject to their applicable terms, policies, technical limitations, security controls, and service conditions.

WPShift Cloud is provided as an automated infrastructure environment and not as fully managed hosting or a fully managed security service. Unless explicitly agreed in a separate written service level agreement, WPShift does not guarantee any specific uptime, response time, performance metric, backup success rate, or recovery outcome.

5.3 Provider pass-through obligations

You agree not to use WPShift Cloud or any connected provider account in a way that would violate the applicable terms, policies, acceptable use rules, abuse policies, sanctions restrictions, or technical requirements of Hetzner or any other underlying provider used in connection with the Service.

WPShift may suspend, limit, throttle, block, or terminate access to any affected service where reasonably necessary to comply with upstream provider requirements, abuse-prevention measures, legal obligations, or security concerns.

6. Backups and disaster recovery

WPShift may provide automated backup, snapshot, and restore functionality as a convenience feature.

However:

• backups and restores are not guaranteed;

• backup schedules, retention windows, restore points, and backup integrity may be affected by software defects, storage limits, third-party provider failures, network conditions, configuration issues, account status, or other technical problems;

• you remain solely responsible for maintaining your own independent backups and disaster recovery procedures;

• WPShift is not liable for incomplete, corrupted, unavailable, stale, or missing backups, or for failed or partial restores.

You should maintain separate, independently verifiable backups of all critical data.

7. Security responsibility

You acknowledge that WPShift is a server management and automation platform and does not provide managed security services unless explicitly stated in a separate written agreement.

You remain fully responsible for:

• securing your servers, WordPress installations, databases, and applications;

• applying updates to operating systems, packages, plugins, themes, and WordPress core;

• managing firewall rules, access policies, credentials, SSH keys, and user permissions;

• reviewing logs, monitoring activity, and responding to security incidents;

• ensuring that connected services, integrations, and deployment processes are secure.

WPShift does not guarantee that servers or applications deployed through the Service will be secure or free from vulnerabilities, compromise, abuse, or unauthorized access.

8. Acceptable use

You agree not to use the Service to:

• host, distribute, or facilitate malware, ransomware, spyware, phishing content, or other malicious code;

• send spam, unsolicited bulk messages, or engage in abusive email or messaging practices;

• engage in illegal, fraudulent, deceptive, or infringing activities;

• exploit, scan, attack, or interfere with systems or networks without authorization;

• infringe intellectual property or privacy rights;

• abuse system resources or attempt to bypass plan limits or platform restrictions;

• use the Service in a way that could expose WPShift, Hetzner, or any upstream provider to abuse complaints, sanctions, blacklisting, reputational harm, or legal risk.

We may investigate suspected violations and may suspend or terminate accounts that violate this section.

9. Resource monitoring and system protection

WPShift may monitor usage of the Service and related infrastructure for purposes including:

• maintaining platform stability and security;

• enforcing plan limits and fair use policies;

• detecting abuse, fraud, or excessive resource consumption;

• troubleshooting and support;

• generating metrics, alerts, and usage information in the dashboard.

Certain monitoring features may be user-configurable or optional, but WPShift may still perform system-level monitoring reasonably necessary to operate and protect the Service.

WPShift reserves the right to limit, throttle, suspend, isolate, or otherwise restrict workloads that, in our reasonable judgment, threaten the stability, security, availability, or integrity of the platform or underlying infrastructure.

10. Fair use and plan limits

Your use of the Service must remain within reasonable and normal usage patterns for your selected plan.

WPShift reserves the right to:

• enforce plan limits;

• restrict excessive or abnormal usage;

• require an upgrade for high resource consumption;

• suspend abusive or harmful workloads;

• cap or limit features where technically necessary to protect the Service.

11. Availability and support

We aim to provide a reliable platform, but we do not guarantee uninterrupted availability, error-free operation, or any specific support response or resolution times unless explicitly stated in a separate written agreement.

Downtime, interruptions, delays, and degraded performance may occur due to:

• maintenance;

• software defects;

• third-party failures;

• upstream infrastructure issues;

• network issues;

• abuse-prevention actions;

• force majeure events.

Support is provided in accordance with the support scope, channels, and plan entitlements described in the Service or your selected plan.

12. Third-party services and integrations

The Service may integrate with or rely on third-party services, APIs, software, and infrastructure, including but not limited to cloud providers, DNS providers, email services, storage services, analytics or performance tools, and services such as Google PageSpeed.

WPShift does not control and is not responsible for:

• the availability, accuracy, legality, or security of third-party services;

• changes made by third-party providers;

• outages or failures of third-party systems;

• data processing performed by third parties;

• costs, losses, or interruptions caused by third-party services.

Your use of third-party services is subject to the terms, policies, and privacy notices of those providers.

13. User responsibility for content and configurations

You are fully responsible for:

• all WordPress sites, content, databases, and applications you deploy or manage through the Service;

• themes, plugins, custom code, and scripts you install or run;

• server and application configurations you apply;

• the legality, accuracy, and compliance of your hosted content and operations;

• ensuring your use of the Service complies with applicable law.

WPShift does not review all hosted content or configurations and accepts no liability for them.

14. Suspension and termination

We may suspend, restrict, or terminate your access to the Service immediately or with notice if:

• you violate these Terms;

• your use poses a risk to the Service, users, infrastructure, or third parties;

• required by law, sanctions obligations, or a competent authority;

• a payment fails or your account is overdue;

• an upstream provider requires action relating to abuse, security, or compliance;

• we reasonably suspect fraud, unlawful activity, or unauthorized use.

Where appropriate and reasonably possible, we may provide notice and an opportunity to remedy the issue.

You may cancel your subscription at any time as described in Section 4.

Upon suspension or termination:

• your right to use the Service ends to the extent stated in the suspension or termination notice;

• we may revoke access to your account, servers, backups, or related functionality;

• you are responsible for exporting any data you wish to retain before cancellation or termination becomes effective.

WPShift does not guarantee continued availability of your data after termination and may delete account data, backups, logs, credentials, and related records in accordance with our internal retention practices and legal obligations.

15. Intellectual property

WPShift and its licensors retain all right, title, and interest in and to the Service, including all software, technology, user interfaces, workflows, branding, trademarks, documentation, and platform functionality, and all related intellectual property rights.

You retain ownership of your content, WordPress sites, databases, and other data you upload to or manage through the Service.

You grant WPShift a limited, non-exclusive, worldwide license to host, process, transmit, copy, and use your data solely as necessary to provide, maintain, secure, and improve the Service and to comply with legal obligations.

16. Beta features

From time to time, WPShift may offer beta, preview, early access, or experimental features (“Beta Features”).

Beta Features are provided on an “as is” and “as available” basis and may be modified, limited, suspended, or discontinued at any time without notice. Beta Features may contain bugs, errors, incompatibilities, or security issues and are used at your own risk.

WPShift makes no guarantees regarding the availability, reliability, support, performance, or continued availability of Beta Features and is not liable for any damage, loss, or disruption resulting from their use.

17. Account use and team access

Your account is intended for use by you or your organization.

You are responsible for all activity that occurs under your account, whether authorized by you or not, including activity by employees, contractors, team members, collaborators, or other persons who gain access through your credentials or permissions.

You must ensure that access to your account is properly controlled and secured.

WPShift reserves the right to suspend or restrict accounts in cases of abusive account sharing, credential misuse, security risks, or conduct that threatens the platform or other users.

18. Feedback and submissions

If you provide WPShift with feedback, suggestions, ideas, proposals, or other submissions regarding the Service (“Submissions”), you grant WPShift a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, distribute, adapt, and incorporate those Submissions into the Service or other products or services without restriction and without compensation to you.

You represent that you have the necessary rights to grant this license.

19. Export controls and sanctions

You may not use the Service in violation of applicable export control, trade, or sanctions laws.

You represent and warrant that you are not:

• located in, organized in, or ordinarily resident in a country or territory subject to applicable trade sanctions that prohibit your use of the Service;

• listed on any prohibited or restricted party list that would make your use of the Service unlawful.

WPShift reserves the right to restrict, suspend, or terminate access where required by applicable law, sanctions rules, or provider obligations.

20. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service, WPShift Cloud, Beta Features, and all related functionality are provided on an “as is” and “as available” basis.

WPShift disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.

Without limiting the foregoing, WPShift does not warrant that:

• the Service will be uninterrupted, error-free, or always available;

• the Service will be secure or free from vulnerabilities, malware, or harmful components;

• any automation, deployment, migration, backup, monitoring, restore, rollback, or recovery action will succeed or be complete;

• the Service or infrastructure will meet your expectations, intended purpose, or business requirements;

• defects will be corrected within any particular timeframe.

You acknowledge that server administration, infrastructure automation, and application deployment involve inherent technical risk.

21. Limitation of liability

To the maximum extent permitted by law, WPShift shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, goodwill, use, anticipated savings, or data arising out of or related to the Service, even if advised of the possibility of such damages.

WPShift shall not be liable for any loss, damage, downtime, corruption, deletion, disclosure, misconfiguration, or unavailability arising from:

• third-party providers or upstream services;

• actions taken by you or under your account;

• automated actions, scripts, or workflows executed through the Service;

• failed deployments, failed backups, failed restores, failed migrations, or failed updates;

• security incidents affecting your applications, servers, credentials, plugins, themes, or integrations;

• suspension, throttling, or shutdown resulting from non-payment, abuse prevention, provider action, or legal compliance.

Our total aggregate liability arising out of or related to the Service shall not exceed the total amount paid by you to WPShift for the Service in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

22. Indemnification

You agree to defend, indemnify, and hold harmless WPShift and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use of the Service;

• your servers, hosted content, applications, or configurations;

• your violation of these Terms;

• your violation of applicable law or third-party rights;

• your misuse of connected providers, integrations, or credentials.

23. Changes to the Service

We may modify, update, suspend, or discontinue all or part of the Service at any time.

We will make reasonable efforts to provide notice of material changes where reasonably practicable, but we are not obligated to continue any feature, integration, product line, or functionality for any minimum period unless expressly agreed in writing.

24. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice through the Service, by email, or by updating the date at the top of these Terms.

The updated Terms will become effective on the date stated in the updated version. By continuing to use the Service after the effective date, you agree to the updated Terms.

25. Force majeure

WPShift shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including:

• failures of cloud, hosting, network, DNS, storage, or infrastructure providers;

• internet or telecommunications outages;

• power failures;

• acts of government, embargoes, or regulatory action;

• natural disasters;

• war, terrorism, riots, or civil unrest;

• labor disputes or strikes;

• cyberattacks, widespread internet disruptions, or other systemic incidents.

During such events, our obligations under these Terms are suspended to the extent and for the duration reasonably affected by the event.

26. Electronic communications

You agree that we may provide notices, disclosures, invoices, receipts, billing communications, and other communications to you electronically, including by email, through your account, or through the Service.

You are responsible for keeping your contact information current and for ensuring that communications from WPShift and any payment provider used by WPShift are not blocked by spam filters or other mailbox settings.

27. Assignment

You may not assign, transfer, delegate, or otherwise transfer these Terms or any rights or obligations under them without our prior written consent.

WPShift may assign or transfer these Terms, in whole or in part, to an affiliate, successor, acquirer, or in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets.

28. Entire agreement

These Terms, together with the Privacy Policy, Refund Policy, and any policies or documents expressly incorporated by reference, constitute the entire agreement between you and WPShift regarding the Service and supersede any prior agreements, understandings, or communications relating to the same subject matter, except for any separate written agreement entered into between you and WPShift.

29. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

30. No waiver

If WPShift does not enforce any right or provision of these Terms, that does not constitute a waiver of that right or provision.

31. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, excluding conflict of laws principles to the extent permitted by law.

Any dispute arising out of or relating to these Terms or the Service shall be submitted to the competent court in the Netherlands, unless mandatory law requires otherwise.

32. Contact

WPShift
KvK: 94904561
Email: info@wpshift.io
Website: wpshift.io