1. Agreement Overview
These Terms of Service ("Terms") constitute a legal agreement between you ("Customer", "You") and NVHCloud SAS ("NVH Shield", "We", "Us"), a French company registered under SIRET 932 966 187 00019, regarding your use of our DDoS protection and cybersecurity services.
By accessing or using NVH Shield services, you agree to be bound by these Terms and our Privacy Policy.
2. Company Information
Legal Entity: NVHCloud SAS
Registration: SIRET 932 966 187 00019
Address: RDC, Le Bourg, 15320 Clavières, France
Contact: legal@nvhcloud.com
3. Service Description
NVH Shield provides enterprise-grade DDoS protection and cybersecurity services including:
- DDoS Mitigation: Protection against distributed denial-of-service attacks
- Traffic Filtering: XDP-based kernel bypass technology for high-performance filtering
- Network Protection: Multi-carrier infrastructure with 7+ Tbps total capacity
- Security Monitoring: 24/7 threat detection and incident response
- Analytics: Real-time security dashboards and reporting
3.1 Infrastructure Partners
Our services are delivered through strategic partnerships with:
- RoyaleHosting: Primary transit provider (3+ Tbps capacity)
- HolyCloud: Secondary transit provider (4+ Tbps capacity)
- NVH Direct Infrastructure: Our proprietary 500+ Gbps filtering network
4. Service Level Agreements (SLA)
Uptime Guarantees
- Starter Shield: 99.9% monthly uptime
- Professional Shield: 99.95% monthly uptime
- Enterprise Fortress: 99.99% monthly uptime
Response Times
- Attack Detection: < 1 seconds
- Mitigation Activation: < 30 seconds
- Support Response: 1 hours (Enterprise), 12 hours (Professional), 24 hours (Starter)
5. Customer Obligations
5.1 Acceptable Use
You agree to use our services only for lawful purposes and in compliance with:
- All applicable French and EU laws and regulations
- Industry standards and best practices
- Our Acceptable Use Policy
5.2 Prohibited Activities
You may not use our services for:
- Illegal activities, fraud, or violation of others' rights
- Distributing malware, spam, or malicious content
- Attacks against third parties or unauthorized network scanning
- Circumventing security measures or attempting service disruption
- Hosting or distributing copyrighted content without authorization
5.3 Security Responsibilities
You are responsible for:
- Maintaining secure credentials and access controls
- Promptly reporting security incidents
- Keeping your contact information current
- Implementing appropriate security measures on your infrastructure
6. Payment Terms
6.1 Billing
- Currency: All prices are in Euros (EUR) including applicable VAT
- Billing Cycle: Monthly in advance unless otherwise agreed
- Payment Methods: Credit card, bank transfer, SEPA direct debit
- Late Payments: 1.5% monthly interest on overdue amounts
6.2 Pricing Changes
We may modify pricing with 30 days written notice. Existing contracts remain at original pricing for their term.
6.3 Refunds
- 30-day money-back guarantee for new customers
- Pro-rated refunds for SLA violations exceeding guaranteed uptime
- No refunds for policy violations or account terminations
7. Data Protection and Privacy
We process your data in accordance with:
- General Data Protection Regulation (GDPR)
- French Data Protection Act (Loi Informatique et Libertés)
- Our comprehensive Privacy Policy
Traffic data is processed solely for security purposes and retained for a maximum of 30 days unless required for incident investigation or legal compliance.
8. Intellectual Property
8.1 Our IP Rights
NVH Shield retains all rights to our proprietary technology, including:
- XDP-based filtering algorithms and configurations
- Security signatures and threat intelligence databases
- Software, documentation, and service interfaces
- Trademarks, logos, and branding materials
8.2 Customer Data
You retain ownership of your data. We only process it as necessary to provide services and as outlined in our Privacy Policy.
9. Limitation of Liability
Important Liability Limitations
Our total liability for any claims arising from these Terms or our services is limited to the amount paid by you in the 12 months preceding the claim.
We are not liable for:
- Indirect, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Damages resulting from third-party actions
- Force majeure events beyond our reasonable control
10. Service Availability
10.1 Maintenance
We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may be performed without notice when necessary to protect service integrity.
10.2 Service Changes
We reserve the right to modify or discontinue services with 30 days notice, except for material adverse changes which require 90 days notice.
11. Account Termination
11.1 Termination by Customer
You may terminate your account at any time with 30 days written notice. No refunds will be provided for prepaid periods except as required by law.
11.2 Termination by NVH Shield
We may terminate your account for:
- Material breach of these Terms
- Non-payment after 15 days notice
- Illegal activities or policy violations
- Threat to service security or other customers
11.3 Data Retention After Termination
Upon termination, we will:
- Immediately stop providing services
- Retain your data for 30 days for potential service restoration
- Permanently delete all data after the retention period (except as required by law)
12. Compliance and Legal
12.1 Regulatory Compliance
Our services comply with:
- French cybersecurity regulations (LPM - Loi de Programmation Militaire)
- EU Network and Information Security (NIS) Directive
- GDPR and French data protection laws
- Industry standards (ISO 27001, SOC 2)
12.2 Export Controls
You agree to comply with all applicable export control laws and regulations when using our services.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by French law. Any disputes will be subject to the exclusive jurisdiction of the courts of Paris, France.
13.2 Mediation
Before initiating legal proceedings, parties agree to attempt resolution through mediation via the Centre de Médiation et d'Arbitrage de Paris (CMAP).
14. Force Majeure
Neither party will be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, network failures, or cyber attacks not related to our services.
15. Modifications to Terms
We may update these Terms periodically. Material changes will be communicated 30 days in advance via:
- Email notification to account administrators
- Notice in your customer dashboard
- Publication on our website
16. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
Legal Contact Information
For legal matters, contract questions, or formal notices:
Email: legal@nvhcloud.com
Phone: +33 6 14 92 51 08
Mail: NVHCloud SAS - Legal Department
RDC, Le Bourg
15320 Clavières, France
For Service Support: support@nvhcloud.com
For Billing: billing@nvhcloud.com
For Emergencies: +33 6 14 92 51 08 (24/7)