Terms of Service & End User License Agreement

These Terms of Service and End User License Agreement ("Terms," "EULA," or "Agreement") are a legal agreement between you ("you" or "User") and Thorium DC, LLC ("Thorium DC, LLC," "we," "us," or "our") for Graxter: Cloud Cluster(the "Application"). By downloading, installing, accessing, or using the Application, including from the Microsoft Store, you agree to these Terms. If you do not agree, do not install or use the Application.

You may use these Terms as the "Applicable license terms" field in Microsoft Partner Center, or link to https://graxter.com/terms.

1. Publisher

Thorium DC, LLC
Washington, DC, United States
Support: hello@graxter.com | https://graxter.com/contact

2. Microsoft Store distribution

If you obtain the Application through the Microsoft Store, your download, purchase (if any), and updates may also be subject to the Microsoft Store Terms of Sale, Microsoft's Standard Application License Terms (where applicable), and the Microsoft App Developer Agreement between publishers and Microsoft. In the event of conflict regarding Store billing or distribution mechanics, Microsoft's Store terms govern those matters; these Terms govern your use of the Application itself.

You acknowledge that Microsoft is not a party to this Agreement except as a distributor, and Microsoft has no obligation to provide support or maintenance for the Application unless required by applicable law.

3. Proprietary software & license grant

Graxter: Cloud Cluster is commercial, proprietary software owned by Thorium DC, LLC. It is not open source. You may not use, copy, redistribute, modify, or sublicense the Application without a written license agreement from Thorium DC, LLC, except as expressly permitted by that license or applicable law.

Subject to your valid license and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on Windows devices you own or control, solely for lawful infrastructure management as authorized by your license (including evaluation licenses, if any).

You may not:

• Use the Application without a valid license or beyond the scope of your license;
• Copy, modify, or create derivative works of the Application except as permitted by law or your license;
• Reverse engineer, decompile, or disassemble the Application except where prohibited by law;
• Rent, lease, sell, sublicense, or redistribute the Application;
• Remove proprietary notices or circumvent security or licensing mechanisms;
• Use the Application for unlawful purposes or to access systems without authorization.

4. Pricing, licensing & Microsoft Store purchases

On the Microsoft Store, the Application may be offered as a free download with optional paid subscription add-ons (for example, Graxter Basic and Graxter Pro, billed monthly or annually, including any free trial period configured in Partner Center). Subscription billing, renewals, refunds, and cancellations for Store purchases are handled by Microsoft under Microsoft Store terms. Plan limits (such as maximum managed servers) are enforced in the Application based on Store entitlement status.

Purchases made through the Microsoft Store must use Microsoft's in-product purchase or billing mechanisms where required by Microsoft Store Policies (Section 10.8). We do not process Store payment cards ourselves.

Separate enterprise or direct licensing from Thorium DC, LLC may also be available under a written agreement. Contact hello@graxter.com for enterprise procurement or evaluation access outside the Store.

5. Privacy

Our collection and use of personal information is described in our Privacy Policy (https://graxter.com/privacy), which is incorporated into these Terms by reference. The Privacy Policy is designed to comply with Microsoft Store Policy 10.5 (Personal Information). You must review it before using the Application.

6. Your responsibilities

You agree that you will:

• Use the Application only on systems and infrastructure you are authorized to access;
• Comply with applicable laws, cloud provider terms, employer policies, and third-party licenses;
• Maintain the security of your devices, credentials, and network access;
• Ensure your use complies with Microsoft Store Policies and applicable export control laws;
• Not use the Application to harm, disrupt, or gain unauthorized access to any system or data.

7. Infrastructure operations

The Application facilitates SSH connections, Docker operations, terminal access, and deployment workflows on servers you configure. You are solely responsible for all commands, configurations, deployments, and actions performed through the Application, including downtime, data loss, security incidents, and compliance with laws governing the systems you manage.

8. Updates and changes

We may provide updates, patches, or new versions through the Microsoft Store or other distribution channels. Updates may modify or remove features. Continued use after an update constitutes acceptance of the updated Application and, where applicable, updated Terms posted at https://graxter.com/terms.

9. Third-party services

The Application may integrate with or link to third-party services (such as Google sign-in, Git hosting providers, or cloud hosts). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services.

10. Intellectual property

The Application, including software, design, trademarks, and documentation, is owned by Thorium DC, LLC or its licensors and is protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.

11. Feedback

If you provide suggestions or feedback, you grant us a perpetual, royalty-free license to use it without obligation to you.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, the above exclusions apply to the fullest extent permitted.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Thorium DC, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APPLICATION IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms limits liability where prohibited by law, including liability for fraud or willful misconduct.

14. Indemnification

You agree to indemnify and hold harmless Thorium DC, LLC from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Application, your violation of these Terms, or your violation of any law or third-party rights.

15. Termination

You may terminate this Agreement at any time by uninstalling the Application and ceasing use. We may suspend or terminate your license if you breach these Terms. Sections that by nature should survive (including warranties disclaimers, limitations of liability, and governing law) will survive termination.

16. Export compliance

You represent that you are not located in a country subject to U.S. embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable export and re-export control laws.

17. Governing law and disputes

These Terms are governed by the laws of the District of Columbia and the United States, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction of courts located in Washington, D.C. for disputes arising from these Terms, except where prohibited by mandatory consumer protection laws in your jurisdiction.

18. Changes to these Terms

We may modify these Terms. We will post the current version at https://graxter.com/terms with an updated effective date. Material changes may be communicated through the Application or Microsoft Store listing. Your continued use after changes become effective constitutes acceptance unless applicable law requires otherwise.

19. Contact

Questions about these Terms:
Thorium DC, LLC
hello@graxter.com
Privacy Policy | Contact & support