Terms of Service

Last updated: [EFFECTIVE DATE]

These Terms of Service (“Terms”) govern access to and use of tempus.build (the “Service”), operated by [FULL NAME], NIF [NIF/DNI], [REGISTERED ADDRESS], contact [CONTACT EMAIL] (the “Operator”, “we”). By creating an account or using the Service you (“you”, the “User”) accept these Terms, the Legal Notice, the Privacy Policy and the Cookies Policy.

1. The Service

The Service provides managed GitHub Actions runners (on-demand CI/CD compute). You authenticate via GitHub OAuth and consume compute that is metered and billed as described below. Runners are exposed as abstract labels; the Operator may change the underlying infrastructure at any time provided the contracted functionality is preserved.

2. Eligibility and account

You must have a valid GitHub account and the legal capacity to enter into a contract. You are responsible for activity under your account and for keeping your access secure. You must not use another user’s account or misrepresent your identity or authority (including authority to act for a GitHub organization).

3. Prepaid balance and billing

• The Service operates on a prepaid balance denominated in US dollars (USD). You top up the balance in advance; usage is drawn down from it.
• Consumption is metered on a per-second basis according to the runner label used; the applicable rates (in USD per minute) are shown on the pricing page and at the point of use.
• Your balance is drawn down continuously while jobs run (settled at least every few minutes and at job completion). You are responsible for maintaining a sufficient balance; the Service may pause or refuse execution when your balance is insufficient.
• All balance movements are recorded in an immutable ledger; debits use idempotency safeguards to prevent double-charging.
• The prepaid balance has no cash value except as required by law, is not a deposit or e-money, and (subject to the withdrawal and consumer rights in §7 and to mandatory law) is non-refundable once consumed.
• Unused paid balance is refunded on request (to the original payment method via the Merchant of Record). Promotional grants (such as the one-time $5 welcome grant per GitHub user, credited when the first organization is connected) have no cash value and are not refundable.

4. Payments, taxes and Merchant of Record

Payments and top-ups are processed by DodoPayments, which acts as our Merchant of Record (MoR) — i.e. the seller of record for the payment transaction.

• As MoR, DodoPayments is responsible for processing the payment, calculating, collecting and remitting applicable taxes (VAT/sales tax), card handling (PCI), invoicing for the transaction, and chargebacks/refunds at the payment level.
• The Operator receives settlement from DodoPayments and does not store your card details.
• All prices, balances and settlements are denominated in USD. You may pay in any currency available to you and supported by the payment provider; any conversion is performed by the payment provider, and your balance is credited in USD.
• Your top-ups are therefore subject to DodoPayments’ terms and privacy policy in addition to these Terms. Where these Terms and DodoPayments’ terms conflict regarding the payment transaction, taxes or card handling, DodoPayments’ terms prevail for those aspects.

5. Acceptable use

You must not use the Service to:

• mine cryptocurrency or run comparable proof-of-work / resource-farming workloads;
• abuse, overload, or attempt to circumvent metering, quotas, rate limits or balance accounting;
• run unlawful workloads, distribute malware, or conduct attacks (DoS, scanning, spam, credential abuse) against any party;
• attempt to gain unauthorized access to the Service, other tenants’ data or the underlying infrastructure, or to break tenant isolation;
• resell or provide the Service to third parties except as expressly permitted;
• infringe intellectual-property rights or violate any applicable law or GitHub’s terms.

We may suspend or terminate access, and may throttle or stop workloads, to protect the Service, other users or third parties, in case of suspected abuse, security risk, non-payment, or breach of these Terms. Where practicable and lawful we will give notice; urgent security actions may be taken immediately.

6. Availability, warranties and liability

• The Service is provided “as is” and “as available”, without warranties of any kind except those that cannot be excluded under mandatory law (including mandatory consumer warranties). We do not warrant uninterrupted or error-free operation, or that specific results will be achieved.
• To the maximum extent permitted by law, the Operator is not liable for indirect, incidental, special or consequential damages, loss of profits, data, or business, arising from use of or inability to use the Service.
• To the maximum extent permitted by law, the Operator’s aggregate liability arising out of or relating to the Service is limited to the amount of prepaid balance you consumed (or paid for, if greater in a mandatory sense) in the [e.g. three (3)] months preceding the event giving rise to the claim.
• Nothing in these Terms limits liability that cannot be limited under Spanish/EU law, including liability for gross negligence, wilful misconduct, death or personal injury, or the mandatory rights of consumers.

7. Consumer right of withdrawal (B2C)

This Section applies only where you contract as a consumer (a natural person acting outside your trade, business, craft or profession) within the meaning of the TRLGDCU (Royal Legislative Decree 1/2007). It does not apply to business/professional (B2B) users.

• 14-day right of withdrawal. As a consumer, you have the right to withdraw from the contract within 14 calendar days without giving any reason (Articles 102–104 TRLGDCU), by an unequivocal statement to [CONTACT EMAIL] (you may use the model withdrawal form in Annex A of the TRLGDCU).

• Loss of the right for immediately-performed digital services (Art. 103.m TRLGDCU). The supply of digital content/services not on a tangible medium whose performance has begun loses the right of withdrawal where performance began with the consumer’s prior express consent and acknowledgment that the right of withdrawal is thereby lost.

• How this consent is captured. Because the Service (execution of runner jobs drawing down your prepaid balance) is performed immediately on your request, before running any billable workload we will ask you to, by an active step (e.g. ticking a non-pre-checked box at first billable use / top-up):

  1. expressly request that performance begin immediately during the 14-day period; and
  2. acknowledge that you will lose your right of withdrawal once the service has been fully performed, and that for partial performance you remain entitled to withdraw for the not-yet-consumed part, paying only for what has already been supplied (Art. 108.4 TRLGDCU).

  A pre-ticked box or a mere clause buried in these Terms is not sufficient under Spanish/EU law — an affirmative action is required.

• Any clause imposing a penalty for exercising the right of withdrawal, or purporting a blanket waiver of it, is null and void (Art. 97.1/consumer-protection rules).

8. Term and termination

You may stop using the Service and close your account at any time. We may terminate or suspend the contract for breach of these Terms, non-payment, or as required by law, subject to §5 and §6. On termination, any unused prepaid balance is handled as set out in §3 and subject to mandatory consumer rights. Sections that by their nature should survive (e.g. liability, governing law, accrued payment obligations) survive termination.

9. Changes to the Service and to these Terms

We may modify the Service and these Terms. We will publish the updated Terms with a new “Last updated” date and, for material changes, give reasonable prior notice (through the Service or by email). Continued use after the effective date constitutes acceptance; if you do not agree, you may stop using the Service and close your account. Changes will not apply retroactively to accrued rights. Mandatory consumer-law protections regarding contract modification are unaffected.

10. Intellectual property

These Terms grant no rights in the Operator’s software, marks or content beyond the right to use the Service as intended. You retain all rights in your own code and data processed by the runners; we claim no ownership of your workloads.

11. Governing law and jurisdiction

These Terms are governed by Spanish law. Disputes are subject to the competent courts under applicable mandatory rules. Where you are a consumer, you benefit from the mandatory provisions and the courts of your EU place of residence, and from the EU Online Dispute Resolution platform (ec.europa.eu/consumers/odr↗ (открывается в новой вкладке)).

12. Contact

[CONTACT EMAIL] — [FULL NAME], [REGISTERED ADDRESS].