These general conditions (hereinafter referred to as the "General Conditions") govern the provision of the Ulabase service (hereinafter the "Service") to the Customer, as described at the web address https://ulabase.com.
0. INTRODUCTION
VERSION
These General Conditions were last updated on September 29, 2026.
FORMERLY RESTHEART CLOUD
Until September 2026 the Service was named "RESTHeart Cloud" and was provided at the web address https://cloud.restheart.com. RESTHeart Cloud is now Ulabase: the Service, the Supplier, the accounts, the organizations, the services created by the Customers, their data and their subscriptions continue on Ulabase at https://ulabase.com, without interruption. Every user of RESTHeart Cloud is a user of Ulabase, and these General Conditions replace those of RESTHeart Cloud.
DEFINITIONS
The term "Supplier" refers to "SoftInstigate Srl Società Benefit" with registered office at via del Beato Cesidio 49, 67100, L'Aquila, Italy.
The term "Ulabase" refers to the Service and to its web console at https://ulabase.com, provided by the Supplier.
The term "RESTHeart" refers to the software on which the Service is built, exclusively owned by the "Supplier", who holds all intellectual property rights on it, without exception. The source code of RESTHeart is available at the web address https://github.com/softInstigate/restheart, licensed under the terms of the open-source license available at https://github.com/SoftInstigate/restheart/blob/master/LICENSE.txt, and/or under the terms and conditions of the commercial license, if granted to the "Customer" through a specific agreement, available at https://github.com/SoftInstigate/restheart/blob/master/COMM-LICENSE.txt.
The term "Customer Application" refers to a software application of the "Customer" that uses the "Service" through the Ulabase APIs, which the Customer manages independently through the Ulabase console.
The term "Service" refers to the cloud-based service that allows the "Customer" to independently provision and manage backend services, each with its own APIs and MongoDB database, on a cloud system provided and supported by the "Supplier". The Customer manages their own resources, configurations, and applications through a self-service interface.
The term "Self-Provisioning Service" refers to the automated part of the Service that allows Customers to independently create, configure, and manage their services through the Ulabase console, without direct intervention from the Supplier.
The term "Service Tier" refers to the specific configuration and resource allocation level of the Service, including but not limited to the Free Tier, the Shared Tier and the Dedicated Tier, each with different features, limitations, and pricing. Customers select their desired Service Tier and activate subscriptions directly with the Supplier.
Payments for the Self-Provisioning Services are processed directly by the Supplier using Stripe as the payment provider.
The term "Region" refers to the geographical location where the cloud infrastructure hosting the Customer's Service is deployed, as selected by the Customer during service provisioning.
CONTRACTUAL DOCUMENTS AND EFFECTIVENESS
The overall contractual framework for the provision of the Service granted to the "Customer" is contained in these General Conditions and the terms specific to each Service Tier. The General Conditions and Service Tier specifications together constitute the "Agreement".
Subscriptions are activated and managed through the Ulabase console. Payment processing, subscription management, and billing are handled by the Supplier through Stripe.
For Self-Provisioning Services, acceptance of these General Conditions and activation of a subscription through the Ulabase console constitutes acceptance of the terms for the selected Service Tier.
Subscriptions become effective upon successful payment processing and automatic provisioning through the Self-Provisioning Service.
Any different or additional terms or conditions proposed by the "Customer" or referred to by the "Customer" in their own documents shall not be effective against the "Supplier" unless expressly accepted in writing by the latter.
1. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS
1.1. The General Conditions apply to the provision of the Service selected through the Self-Provisioning Service by the Supplier to the Customer, as defined in these General Conditions.
1.2. All Intellectual Property Rights related to Ulabase, RESTHeart and their developments are and remain the exclusive property of the Supplier.
1.3. The Customer acknowledges that different Service Tiers have different terms, limitations, and support levels as specified for each Service Tier.
2. THE SERVICE
2.1. Under the Contract, the Supplier undertakes to provide the Service selected through the Self-Provisioning Service directly or through third parties to the Customer, who accepts it, subject to the timely payment of subscription fees.
2.2. The Customer Application may only use the Service through the Ulabase APIs via the HTTP protocol.
2.3. The Supplier undertakes to provide the Service specified in the selected Service Tier exclusively to the Customer. Therefore, it is understood that third parties, including companies controlled by the same group as the Customer, are not allowed to use the Service specified in the selected Service Tier, except as specifically permitted by the Service Tier specifications.
2.4. The Customer independently manages their Ulabase resources, including creating, configuring, scaling, and monitoring services through the Ulabase console.
2.5. Support will be provided upon the Customer's request, with response times and availability levels specified for each Service Tier, at the address support@ulabase.com.
2.6. SERVICE TIERS
The Service is available in multiple tiers, each with specific features, limitations, support levels, and pricing as described at https://ulabase.com/pricing. Service tier specifications may be updated and modified by the Supplier from time to time.
2.7. FREE TIER SERVICE DEACTIVATION
Free tier services are subject to automatic deactivation after prolonged inactivity to optimize resource allocation. The deactivation process is as follows:
- Idle Threshold: Free services that remain inactive (without any API activity) for 30 consecutive days will be marked for deactivation.
- Warning Notification: When a service reaches the 30-day idle threshold, the Supplier will send a warning email to all organization owners notifying them that the service will be deactivated in 10 days.
- Grace Period: During the 10-day grace period following the warning, any API activity will reactivate the service and remove the deactivation warning.
- Automatic Deactivation and Data Deletion: If no activity occurs during the grace period (40 days total of inactivity), the service will be automatically deactivated and the associated database will be permanently deleted. A notification email will be sent to all organization owners confirming the deactivation.
- No Data Recovery: Once a service is deactivated, the associated data is permanently deleted and cannot be recovered. Customers are responsible for backing up any data they wish to retain before the service is deactivated.
- Paid Services: This deactivation policy applies exclusively to free tier services. Shared and dedicated tier services are not subject to idle deactivation.
The Customer acknowledges and accepts that free tier services are provided without service level agreements, backup guarantees, or data retention commitments beyond the periods specified above.
2.8. The services covered by this contract include the following activities:
Support: This refers to the technical support provided by the Supplier upon the Customer's request through the address support@ulabase.com, in accordance with the timing and methods specified for each Service Tier. Support levels vary by Service Tier as described at https://ulabase.com/pricing. The support aims to provide information to the Customer for the proper and efficient development of Customer Applications, resolve operational issues that may arise during their usage, and intervene on the Service or the cloud infrastructure to correct possible malfunctions or errors (i.e., bugs) based on the reports received from the Customer and deemed valid by the Supplier through reproducible tests. The following activities are not included in the support, by way of example but not limited to: requests from the Customer regarding user training for their own Customer Application, or consultancy for organizing their usage procedures for their own Customer Application.
Cloud Infrastructure: The Supplier provides the underlying cloud infrastructure platform that enables Customers to provision and manage their own services. Customers have access to self-service tools to create services and their MongoDB databases, configure them, and manage their data within the limits of their selected Service Tier. The Customer is responsible for managing their specific resource configurations and application deployments.
Self-Provisioning Management: For Self-Provisioning Services, this includes the automated provisioning, configuration, and management interface that allows Customers to independently manage their services, monitor usage, and modify configurations within the limits of their selected Service Tier.
3. CUSTOMER'S OBLIGATIONS
3.1. By entering into the Contract, the Customer undertakes to:
- Pay subscription fees through the payment system of the Ulabase console.
- Provide all necessary information and guarantees for the Supplier to fulfill their obligations under the Contract. The Customer assumes full and exclusive responsibility for such information and guarantees.
- Use the Service in accordance with the Contract and solely for the intended purposes within the limits of the selected Service Tier.
- Ensure that each User authorized to use the Service is aware of these General Conditions and the terms of the selected Service Tier.
- Comply with usage limits and restrictions specified for the selected Service Tier.
- For Self-Provisioning Services, maintain accurate account information and promptly update billing and contact details.
4. ACCESS CREDENTIALS
4.1. The Customer may access the Service using the Access Credentials created through the Self-Provisioning Service and subsequently managed by the Customer. The Customer expressly acknowledges that the credentials managed by them must comply with the reference standards for credential management.
4.2. As a result, the Supplier will not have access to the Access Credentials and cannot use the Service or access the data managed by it, except as necessary for technical support as permitted for the Customer's Service Tier.
4.3. The Customer is aware that third-party knowledge of the Access Credentials would allow unauthorized use and unauthorized access to any data stored therein. In any case, the Customer will be solely responsible for any authorized or unauthorized use of the Service through the Access Credentials.
4.4. The Customer is responsible for safeguarding and ensuring that each User keeps, manages, and periodically updates the Access Credentials with the utmost confidentiality and diligence. They undertake not to transfer the credentials or allow their use by unauthorized third parties.
4.5. The Supplier and/or its eventual Partners cannot be held responsible for any direct or indirect damage that may result to the Customer, each User, or third parties due to the Customer and/or each User's failure to comply with the provisions of this article.
5. SERVICE EVOLUTION
5.1. The Customer acknowledges and accepts that, where deemed appropriate at the Supplier's sole discretion, the evolution of the service may: (i) result in the modification or elimination of certain Service features; (ii) involve replacements or migrations (even partial) of the Service to cloud providers different from those on which the infrastructure was based at the time of Service initiation; or (iii) involve changes to available Service Tiers, regions, or self-provisioning capabilities.
5.2. The Customer releases the Supplier from any liability related to any damages arising from potential evolutions of the Service, unless such damages result from willful misconduct or gross negligence on the part of the Supplier.
5.3. The Supplier may modify Service Tier features, pricing, or availability with reasonable notice provided to Customers.
6. PAYMENT OBLIGATIONS
6.1. The Customer undertakes to pay subscription fees for the provision of the Service through the payment system of the Ulabase console. For Self-Provisioning Services, billing is automated based on the selected Service Tier and subscription period chosen by the Customer. Customers can manage subscriptions, including creation and cancellation, at any time through the Ulabase console.
6.2. All considerations are understood as exclusive of VAT and any other legal charges.
6.3. For Free Tier services, no monetary consideration is required, but usage is subject to the limitations specified for the Free Tier.
6.4. For paid Service Tiers, the Customer expressly acknowledges and accepts that subscription fees are subject to periodic updates, with reasonable notice provided to the Customer through the Ulabase console or email notification.
6.5. The Customer acknowledges that the Service is subject, by its very nature, to constant technological and regulatory evolution, requiring continuous and costly activities of updating, development, and, in some cases, replacement, necessary to ensure its functionality. Therefore, the Supplier will have the right to modify subscription fees with reasonable notice.
6.6. In case of non-payment or payment failure for paid Service Tiers, the subscription may be automatically suspended or cancelled. The Supplier reserves the right to (i) suspend the Service and inhibit access until payment is resolved and/or (ii) terminate the service provision in case of continued non-payment.
7. CONFIDENTIALITY
7.1. The Parties are strictly prohibited from communicating, disclosing, or in any way using, even through third parties, any information, data, and documentation learned and obtained during the execution of the Contract and classified as "confidential" by the Supplier, except: (a) as expressly required for the execution of the Contract; (b) with the express written authorization of the other Party; (c) when the Parties are obliged to do so by law and/or by order of the administrative and/or judicial authority.
7.2. Except in the case where the information and/or documents constitute trade secrets pursuant to applicable law, the prohibition referred to in the previous paragraph shall remain unconditionally in force even after the termination of the Contract, for any reason, for the subsequent period of 3 (three) years, except for information that becomes publicly available without the Parties' involvement.
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights, including their economic exploitation rights, concerning the cloud infrastructure, except for third-party rights, Ulabase, RESTHeart, the Service, documentation, evolutions, preparatory works, and derivative works, are and shall remain, in whole or in part, and worldwide, the exclusive property of the Supplier.
8.2. The Customer has the right to use RESTHeart exclusively in compliance with the terms and conditions of the non-exclusive, non-transferable, temporary, and limited license as specified for their selected Service Tier, granted by the Supplier.
8.3. The Customer may use the Service indicated in the selected Service Tier exclusively in compliance with the terms and conditions of the valid and current license to use RESTHeart granted by the Supplier, whether it is open source or commercial. The Customer undertakes to use RESTHeart within the strict limits of the License and in compliance with the Supplier's intellectual property rights.
9. SUPPLIER'S LIABILITY
9.1. SoftInstigate Srl Società Benefit assumes exclusively the obligations specified in the Contract for the selected Service Tier, guaranteeing that the Service will be provided with professional expertise and ordinary care in the relevant sector, and will comply with the functionalities and technical specifications indicated on the website https://ulabase.com, including its documentation at https://ulabase.com/docs, and for the selected Service Tier.
9.2. The Supplier shall not be obliged to intervene in case of malfunctions caused by the Customer's failure to comply with the operational rules, improper use, and/or atypical utilization of the Service beyond the scope of the selected Service Tier.
9.3. The Customer acknowledges and agrees that no software product is free from errors and acknowledges having been specifically advised to make a backup copy of the data. Backup services and availability vary by Service Tier.
9.4. Unless in cases of willful misconduct or gross negligence, the Supplier's liability shall never exceed the amount of the subscription fees paid by the Customer under this Contract in the 6 (six) months preceding the date on which the event giving rise to the Supplier's liability occurred. For Free Tier services, the Supplier's liability shall be limited to the greater of €100 or the cost of migrating to a paid Service Tier.
9.5. Service level commitments, uptime guarantees, and support response times are as specified for each Service Tier. The Supplier's obligations and remedies for service level failures are limited to those specified for each Service Tier.
10. DURATION, TERMINATION AND REFUND POLICY
10.1. For Self-Provisioning Services, subscriptions are activated and managed through the Ulabase console. Subscription duration and renewal terms depend on the subscription period selected by the Customer (monthly, annual, etc.). Subscriptions automatically renew unless cancelled by the Customer through the Ulabase console.
10.2. Customers can cancel their subscription at any time through the Ulabase console. Upon cancellation, the service will remain active until the end of the current billing period.
10.3. REFUND POLICY: In case of cancellation, the Customer will continue to have access to the Service until the end of the current billing period. Subscription fees are generally not refundable either in full or for partially used subscription periods.
11. DATA PROTECTION AND PRIVACY
11.1. The Parties acknowledge that the execution of this Contract involves the collection and processing of personal data in compliance with the EU General Data Protection Regulation (GDPR) 2016/679 and Italian Legislative Decree 196/2003 as amended, as described in the Ulabase Privacy Policy.
11.2. The Customer is the exclusive data controller under GDPR with respect to the personal data processed by their Customer Application. The Supplier acts as a data processor with respect to such data.
11.3. The Supplier implements appropriate technical and organizational measures to ensure the security of personal data in accordance with Article 32 of the GDPR, with specific security measures varying by Service Tier.
11.4. Data retention and deletion policies vary by Service Tier in compliance with Italian and EU data protection laws.
12. APPLICABLE LAW AND JURISDICTION
12.1. This Contract is governed by and shall be interpreted in accordance with Italian law and applicable European Union regulations, including but not limited to the General Data Protection Regulation (EU) 2016/679 (GDPR).
12.2. Any dispute regarding the interpretation and/or execution of this Contract shall be subject to the jurisdiction of the Court of Pescara, in accordance with Italian civil procedure law.
12.3. These General Conditions comply with Italian consumer protection laws where applicable, EU consumer rights directives, and other applicable Italian and EU legislation.
13. FINAL PROVISIONS
13.1. This Contract replaces any previous agreements, whether oral or written, between the Parties regarding the execution of this Contract, including the Terms and Conditions of RESTHeart Cloud.
13.2. If one or more provisions of this Contract are held to be invalid or unenforceable by law or by a decision that binds the Parties, this shall not affect the validity and binding nature of the other provisions of this Contract.
13.3. The following General Conditions may be unilaterally modified and/or supplemented by the Supplier, with reasonable notice provided to Customers. For Self-Provisioning Services, continued subscription and use of the service constitutes acceptance of any modifications.
13.4. The failure to exercise one or more of the rights provided for in the Contract shall not be deemed as a waiver of such rights.
13.5. The clauses that under Italian law require separate signature for express acceptance ("clausole vessatorie" in Italian) are: 6. PAYMENT OBLIGATIONS, 9. SUPPLIER'S LIABILITY, 10. DURATION, TERMINATION AND REFUND POLICY, 12. APPLICABLE LAW AND JURISDICTION, 13. FINAL PROVISIONS.
Need Help?
If you have questions about these terms, please contact us:
- Email: info@ulabase.com
- Support: support@ulabase.com