1. Acceptance
By accessing rackspot.io, signing up for the waitlist, or using the RackSpot platform, you agree to these Terms of Service ("Terms"). If you are accepting on behalf of a company, you represent that you have authority to bind that company.
These Terms are governed by the laws of Portugal. Any disputes shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.
2. The service
RackSpot provides a software platform designed to help colocation data center operators manage commercial quoting, track capacity availability, and support sales workflows ("Service"). The Service is provided as software-as-a-service (SaaS) via web browser.
During the early access phase, access is provided free of charge to approved design partners. Pricing for general availability will be communicated separately and will not apply retroactively to design partners without prior notice.
3. Eligibility and accounts
The Service is intended for businesses and professionals in the data center industry. By using it you confirm:
- You are at least 18 years old
- You are using the Service for legitimate commercial purposes
- The information you provide during registration is accurate and current
You are responsible for keeping your login credentials confidential and for all activity under your account.
4. Acceptable use
You agree not to:
- Use the Service to transmit unlawful, fraudulent, or harmful content
- Attempt to reverse-engineer, decompile, or extract source code from the platform
- Use automated tools to scrape, crawl, or stress-test the Service without our written consent
- Resell, sublicence, or white-label the Service without a separate agreement
- Upload data you do not have the right to use or share
- Attempt to gain unauthorised access to other users' accounts or data
We reserve the right to suspend or terminate access for material violations without notice.
5. Your data
You retain ownership of all data you upload or create within the Service, including rack inventory, pricing configurations, and customer quote data ("Customer Data"). You grant RackSpot a limited licence to process Customer Data solely to provide and improve the Service.
We do not use Customer Data to train machine learning models or share it with third parties outside the scope described in our Privacy Policy. On account termination, you may request an export of your Customer Data within 30 days; after that period it will be deleted from our systems.
6. Intellectual property
All rights in the RackSpot platform — including software, design, trademarks, and documentation — remain the exclusive property of RackSpot. Nothing in these Terms transfers any IP rights to you beyond the limited right to use the Service as described herein.
Feedback or suggestions you provide about the Service may be used by us without restriction or compensation.
7. Availability and early access disclaimer
During the early access phase, the Service is provided "as is" and "as available". We do not guarantee uninterrupted availability, and features may change or be removed without notice as the product is developed.
We will make reasonable efforts to notify design partners of significant changes in advance. We are not liable for any loss arising from downtime, data loss, or changes to functionality during this phase.
8. Limitation of liability
To the maximum extent permitted by applicable law, RackSpot shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business opportunity, arising from your use of or inability to use the Service.
Our total liability for any claim arising under these Terms shall not exceed the amount you paid for the Service in the 12 months preceding the claim, or €100, whichever is greater.
Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law under Portuguese or EU law.
9. Termination
Either party may terminate access to the Service at any time. You may do so by contacting hello@rackspot.io. We may terminate or suspend your access immediately if you materially breach these Terms, or with 30 days' notice otherwise.
On termination, your right to use the Service ceases immediately. Sections 5, 6, 8, and 10 survive termination.
10. Governing law and disputes
These Terms are governed by Portuguese law. Before initiating any formal legal proceedings, you agree to attempt to resolve disputes informally by contacting us at hello@rackspot.io. We will endeavour to resolve disputes within 30 days.
If you are a consumer in the EU, you may also refer disputes to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
11. Changes to these terms
We may update these Terms from time to time. We will notify active users by email at least 14 days before material changes take effect. Continued use of the Service after that date constitutes acceptance of the revised Terms.
12. Contact
RackSpot, Portugal
hello@rackspot.io