Last updated: 27 October 2026

These Terms of Service (the "Terms") are a binding agreement between you ("Customer", "you") and Gumpworks ("Gumpworks", "we", "us") governing your submission of materials and your use of the hosting and DevOps services described at /services (the "Services"). By submitting a repository or using the Services, you accept these Terms. If you do not accept them, do not submit materials or use the Services.

1. Definitions

• "Customer Materials" means the repositories, source code, content, data, and other materials you submit to Gumpworks.
• "Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or would reasonably be understood to be confidential.
• "Estimate" means a written statement of scope, assumptions, price, and validity period that Gumpworks provides for a proposed engagement.
• "Services" means the managed app hosting, security review, provisioning, maintenance, and related DevOps services provided by Gumpworks.
• "Submission" means the act of sending Customer Materials or a request through the submission form or another channel designated by Gumpworks.

2. Eligibility, authority, and representations

By making a Submission, you represent and warrant that:

(a) you have the legal right, title, and authority to submit the Customer Materials and to authorise Gumpworks to review, build, deploy, host, back up, and maintain them;

(b) the Customer Materials do not infringe, misappropriate, or violate any intellectual property, privacy, publicity, contractual, or other right of any third party;

(c) the Customer Materials do not contain malware, unlawful content, or code designed to damage or gain unauthorised access to any system;

(d) you are at least the age of majority in your jurisdiction and, if you are submitting on behalf of an entity, you are authorised to bind that entity to these Terms; and

(e) all information you provide in the Submission is accurate and complete.

Electronic signature and receipt

A typed signature submitted through the form is an electronic signature and has the same effect as a handwritten signature. Gumpworks will issue a cryptographic receipt containing the submission hash, the terms version, the terms hash, a timestamp, and an Ed25519 signature. The receipt is evidence of the submission; it is not a government-issued digital identity or a qualified eIDAS signature.

3. Intellectual property; no claim by Gumpworks

3.1 You retain all right, title, and interest in and to the Customer Materials, including all intellectual property rights. Gumpworks claims no ownership of, and acquires no ownership interest in, the Customer Materials.

3.2 You grant Gumpworks a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free licence to reproduce, build, deploy, host, copy, back up, and maintain the Customer Materials solely as necessary to perform the security review, provide the Services, and comply with law. This licence terminates when the Services end, except for copies retained in backups, security logs, or as required by law.

3.3 Gumpworks will not use the Customer Materials for any other customer, will not sell or rent them, and will not use them to train public machine-learning models.

4. Mutual confidentiality and NDA

4.1 Each party will hold the other party's Confidential Information in strict confidence, use it only for the purpose of the engagement, and not disclose it to any third party except to its employees, contractors, professional advisers, or service providers who have a need to know and are bound by confidentiality obligations at least as protective as this section.

4.2 Confidential Information does not include information that: (a) is or becomes public through no breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice where lawful and cooperates in any effort to limit the disclosure.

4.3 The obligations in this section survive termination of the Services for a period of five (5) years, and indefinitely for trade secrets.

5. Scope of Gumpworks' engagement

5.1 Gumpworks' scope is limited to the security review of Customer Materials, the provisioning of the Services, and the maintenance of the Services. Nothing in these Terms transfers to Gumpworks any right in the Customer's business, customer data, product roadmap, or other assets.

5.2 Gumpworks does not provide legal, financial, or compliance advice. The Customer is responsible for determining whether the Customer Materials and the Services comply with the laws and regulations that apply to the Customer.

6. Estimates; no charge; no obligation

6.1 A Submission is a request for a free Estimate. It does not create a contract for paid Services, a charge, or any obligation on the Customer to proceed.

6.2 If Gumpworks issues an Estimate, Gumpworks will honour the pricing and commitments stated in that Estimate for the validity period stated in it, provided the scope and assumptions in the Estimate remain accurate. If the scope or assumptions change, Gumpworks will provide a revised written Estimate before performing additional work.

6.3 The Customer may decline an Estimate for any reason. Gumpworks may decline a Submission or an engagement for any reason, including resource fit, security concerns, missing licences, or an inability to build the Customer Materials safely.

7. Data protection and privacy

7.1 Gumpworks will process Customer Materials only for the purposes described in these Terms, will restrict access to personnel and contractors who need it, and will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Materials against unauthorised access, loss, or disclosure.

7.2 Gumpworks will not sell Customer Materials, rent them, or use them for advertising. Gumpworks will not use Customer Materials to train public machine-learning models.

7.3 If Gumpworks becomes aware of a breach of security affecting Customer Materials in its custody, Gumpworks will notify the Customer without undue delay, provide the information reasonably available about the breach, and take reasonable steps to contain and remediate it.

7.4 The Customer is responsible for maintaining its own backups and for ensuring that it has the right to transfer any personal data contained in the Customer Materials to Gumpworks for the purposes of the Services.

8. Acceptable use

The Customer will not use the Services to host, transmit, or distribute:

(a) malware, ransomware, phishing content, or command-and-control infrastructure;

(b) spam, botnets, or traffic intended to disrupt, damage, or gain unauthorised access to any system;

(c) content that is unlawful in the jurisdiction in which the Services are provided;

(d) workloads that consume resources in a manner that threatens the integrity, security, or availability of the Services or other customers; or

(e) cryptocurrency mining, unless disclosed in the Submission and approved by Gumpworks in writing.

9. Security review, approval, and suspension

9.1 Every Submission is subject to manual review and approval. Gumpworks may decline a Submission in its sole discretion.

9.2 Gumpworks may throttle, suspend, or remove any container, site, or Service that it reasonably believes is malicious, abusive, compromised, or a risk to the Services, other customers, or third parties. This includes containers that are mining without approval, flooding the network, or running code that does not materially match the Customer Materials reviewed by Gumpworks.

9.3 Where practicable, Gumpworks will notify the Customer of a suspension and the reason for it. For an active security threat, Gumpworks may act before notice. A suspension or removal under this section is not a breach of these Terms.

10. Processing services

Processing services are Services that require ongoing processing, workers, queues, or sustained resource consumption. Processing services require a security and resource audit before onboarding and are priced from the amount stated on the services page after an Estimate. Gumpworks may set resource, concurrency, or scheduling limits reasonably necessary to protect the Services.

11. Fees and payment

11.1 Hosting fees are billed at the flat monthly rate stated for the applicable tier. Gumpworks does not meter hours, invocations, reads, writes, or egress unless a separate written agreement expressly says otherwise.

11.2 Processing services are billed at the rate stated in the applicable Estimate.

11.3 The first month is free for small and backend sites. Processing services are excluded. Gumpworks may change or withdraw promotional offers for future customers.

11.4 Gumpworks accepts the payment methods stated on the services page, which may include cryptocurrency, wire transfer, PayPal, and cash for customer contracts. The Customer is responsible for any transaction fees imposed by its payment provider.

11.5 Invoices are due on the date stated on the invoice. Gumpworks may suspend Services for overdue invoices after providing notice.

11.6 Fees are exclusive of taxes, which the Customer is responsible for, except for taxes on Gumpworks' income.

12. Customer responsibilities

The Customer is responsible for: (a) the accuracy and legality of the Customer Materials; (b) obtaining and maintaining all licences, consents, and permits required for the Customer Materials and the Services; (c) its own domain names, DNS configuration, and third-party accounts; and (d) maintaining independent backups and business continuity arrangements in addition to the backups provided as part of the Services.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". GUMPWORKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GUMPWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

14. Limitation of liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 EXCEPT AS PROVIDED IN SECTION 14.3, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY THE CUSTOMER TO GUMPWORKS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

14.3 THE LIMITATIONS IN SECTION 14.1 AND 14.2 DO NOT LIMIT: (A) GUMPWORKS' OBLIGATION TO HONOUR A WRITTEN ESTIMATE WITHIN ITS STATED SCOPE AND VALIDITY PERIOD; (B) GUMPWORKS' RESPONSIBILITY FOR THE PRIVACY AND CONFIDENTIALITY OF CUSTOMER MATERIALS IN ITS CUSTODY; (C) THE CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

14.4 FOR A BREACH OF SECTION 4 (CONFIDENTIALITY) OR SECTION 7 (DATA PROTECTION) ARISING FROM GUMPWORKS' NEGLIGENCE, GUMPWORKS WILL BEAR THE REASONABLE, DOCUMENTED COSTS OF NOTIFICATION, CONTAINMENT, AND REMEDIATION, TOGETHER WITH DIRECT DAMAGES, SUBJECT TO A CAP OF THE GREATER OF (A) THE FEES PAID BY THE CUSTOMER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIVE THOUSAND US DOLLARS (US$5,000).

15. Indemnification

15.1 The Customer will indemnify, defend, and hold harmless Gumpworks from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of or relating to: (a) the Customer Materials; (b) the Customer's breach of these Terms; or (c) the Customer's violation of any law or third-party right.

15.2 Gumpworks will indemnify, defend, and hold harmless the Customer from and against any claim that the Services, as provided by Gumpworks and excluding the Customer Materials, infringe a third party's intellectual property right, provided the Customer promptly notifies Gumpworks and cooperates in the defence.

16. Term and termination

16.1 These Terms apply from the date of your Submission and continue until the Services end.

16.2 The Customer may terminate the Services at the end of any billing month.

16.3 Gumpworks may suspend or terminate the Services for a material breach of these Terms, non-payment, or a security risk, with notice where practicable.

16.4 On termination, Gumpworks will make a reasonable effort to provide the Customer with the Customer Materials, configuration, and data necessary to run the Services elsewhere, subject to payment of outstanding fees and legal requirements.

17. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Gumpworks is organised, without regard to conflict-of-law rules. The parties will first attempt to resolve any dispute in good faith through written notice and discussion. If the dispute is not resolved within thirty (30) days, either party may pursue the remedies available in the courts of that jurisdiction.

18. Changes to these Terms

Gumpworks may update these Terms. If a change is material, Gumpworks will post the updated Terms on this page and update the "Last updated" date. Continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms.

19. Notices

Notices to Gumpworks must be sent to Tony@gumpworks.com. Notices to the Customer may be sent to the email address provided in the Submission.

20. General

20.1 These Terms, together with any Estimate and any separate written agreement, constitute the entire agreement between the parties regarding the Services.

20.2 If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

20.3 Neither party may assign these Terms without the other party's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.

20.4 A waiver of any breach is not a waiver of any other breach.

20.5 Neither party is liable for a failure to perform caused by an event beyond its reasonable control, provided it gives prompt notice and uses reasonable efforts to resume performance.

20.6 The headings in these Terms are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms: Tony@gumpworks.com.