Percher — Terms of Service

Effective date: 18 April 2026 Last updated: 2 July 2026 Version: 2.0

READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT OR USING THE SERVICE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED EVERY PART OF THIS DOCUMENT. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SERVICE.

*These Terms are drawn up in English, which is the authoritative version (see Section 20.4). A Swedish translation is available at percher.app/sv/terms.*

1. Definitions

In these Terms of Service (the "Terms"), the following expressions have the meanings set out below:

• "the Service" — the websites percher.app and percher.run, the associated CLI tool, MCP server, APIs, dashboard and all features provided by Percher.
• "We", "us", "our" — Mattias Malmborg, a sole trader (enskild näringsidkare) domiciled in Hisings Backa, Sweden, who operates Percher (the "Operator").
• "You", "your", "the User" — every natural or legal person who visits, registers with or uses the Service. If the Account is registered on behalf of a legal person (e.g. a company, association or organisation), the natural person who creates the Account is the contracting party in the account relationship and warrants that the legal person accepts these Terms; the age requirement in Section 4.1 always applies to the natural person.
• "Account" — the personal account created upon registration with the Service.
• "App" or "Application" — a web application that the User deploys to the Service.
• "Deploy" — the process of uploading, building and running an Application on the Service's infrastructure.
• "Container" — the isolated execution environment (Docker container) in which an Application runs.
• "Source Code" — the program code, configuration and associated files that the User uploads to the Service in order to build and run an Application.
• "Environment Variables" (env vars) — configuration and secret values that the User provides for their Application and that the Service stores encrypted.
• "Subdomain" — the unique address [appname].percher.run under which an Application is made available.
• "Crash Diagnostics" — AI-generated analysis of errors and crashes in an Application.
• "AUP" — the Acceptable Use Policy, the separate policy governing permitted and prohibited use of the Service.
• "Third-Party Services" — external service providers that the Service relies on (see Section 11).

2. Operator and contact details

The Operator is the controller under the EU General Data Protection Regulation (GDPR). See our separate Privacy Policy for complete information about the processing of personal data.

3. Nature of the Service — what we are and are not

3.1 What the Service does

The Service is a web application platform (a "hosting platform") that lets Users deploy, run and manage web applications. The User uploads Source Code via the CLI, MCP server or dashboard. The Service builds the application automatically, starts it in an isolated Container and makes it available on a Subdomain under percher.run.

As part of this, the Service may:

• receive and store Source Code in the form of tarball archives,
• automatically build Applications (Node/Bun via Percher's own multi-stage Dockerfile, Nixpacks for Python and other runtimes, or your own Dockerfile with runtime = "docker"),
• run Applications in Docker containers with security hardening (restricted privileges, read-only file system, process limits),
• assign each Application a unique Subdomain under percher.run,
• store encrypted Environment Variables and provide them to Applications at runtime,
• manage deploy history and enable rollback to earlier versions,
• provide AI-generated Crash Diagnostics for Applications that crash,
• monitor Application health and automatically restart crashed Containers,
• display logs, deploy status and other operational information via the dashboard, CLI and MCP server, and
• collect non-account-bound usage statistics from the CLI tool (telemetry) for the purpose of improving the Service (see our Privacy Policy for details and opt-out instructions).

3.2 What the Service is NOT

Percher is NOT a managed hosting environment with guarantees. The Service is NOT:

• a replacement for professional operations monitoring, security review or penetration testing,
• a platform for running business-critical systems with high-availability requirements,
• a service for storing sensitive or regulated data (e.g. health data, financial transactions),
• a CDN or globally distributed infrastructure.

The Service:

• does not review or audit Source Code uploaded by the User,
• does not guarantee that Applications function correctly, are secure or are free from vulnerabilities,
• does not guarantee uninterrupted availability of Applications,
• is not responsible for the content that Applications display or provide to third parties.

Application containers have limited outbound internet access for legitimate purposes (e.g. to reach external APIs such as Stripe, OpenAI or Supabase). All outbound traffic is routed through a controlled egress proxy, and Percher reserves the right to restrict or block outbound traffic that violates these Terms or the AUP.

3.3 Crash Diagnostics — risks and limitations

The Service may offer AI-generated Crash Diagnostics for Applications that crash. These diagnostics are produced by an AI language model from a single active provider per instance — in our current configuration Anthropic Claude, with OpenRouter as an alternative provider that the instance can be configured to use instead. The active provider for your instance is shown in the opt-in area of the app settings. The diagnostics may be:

• factually incorrect, incomplete or misleading,
• plausibly worded yet wrong ("hallucinations"),
• inapplicable to the actual cause of the crash.

Crash Diagnostics are guidance only and do not replace the User's own troubleshooting. The Operator is not liable for consequences of your reliance on AI-generated Crash Diagnostics.

In accordance with the transparency requirements of the EU AI Act (Regulation (EU) 2024/1689) Art. 50, we inform you that Crash Diagnostics are produced by AI models and not by humans. The diagnostics are labelled as AI-generated in the Service's interface.

3.4 Shared infrastructure

All Applications run on shared infrastructure. Although each Application runs in an isolated Container with security hardening (CapDrop, ReadonlyRootfs, PidsLimit, SecurityOpt no-new-privileges), Applications share underlying hardware resources. The Service applies per-Container resource limits, but we do not guarantee performance or isolation from other Users' workloads.

4. Eligibility and account registration

4.1 Age requirement

You must be at least 18 years old to create an Account and use the Service. The Service is not directed at minors and must not be used by persons under 18. By creating an Account you certify that you meet the age requirement. We may request additional verification or suspend the account if we have reasonable grounds to believe the requirement is not met.

4.2 Registration

Upon registration you undertake to:

• provide accurate, complete and current information,
• keep your account details up to date,
• not create more than one Account per person,
• not share your login credentials with third parties.

4.3 Account security

You are responsible for protecting your password, your API keys and your login credentials. You are responsible for all activity that occurs through your Account, including all Deploys and Applications created with your credentials. Notify us immediately at support@percher.app if you suspect unauthorised access to your Account.

4.4 Account closure by the User

You may close your Account at any time via the dashboard or by sending an email to support@percher.app with your name and the email address linked to the Account — we will then complete the closure within 5 business days. Upon account closure:

• your access to the Service ends,
• all of your Applications are stopped and deleted,
• all Source Code, Environment Variables, deploy history and logs are deleted,
• backups of the above data are deleted within 30 days,
• active subscriptions are terminated automatically with the payment provider,
• you may request an export of your personal data (GDPR Art. 20); request the export before you close the Account, since the data is thereafter deleted as set out above,
• your personal data is deleted within 90 days in accordance with our Privacy Policy,
• anonymised usage data may be retained in accordance with our Privacy Policy.

5. Licence grant and ownership of code

5.1 Licence to you

Provided that you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service to deploy and run your Applications during your active account or subscription period.

5.2 Your Source Code

You retain all rights to the Source Code you upload to the Service. By using the Service you grant us a limited, non-exclusive licence to use, store and process your Source Code solely for the purpose of providing the Service to you — that is, to build, run and operate your Applications. This licence does not give us the right to:

• use your Source Code for any other purpose,
• distribute, sell or pass on your Source Code to third parties (except to the extent required to provide the Service, e.g. building the Application),
• use your Source Code to train AI models.

5.3 Environment Variables and secrets

Environment Variables are stored encrypted with AES-256-GCM. You are responsible for not storing secrets, passwords, API keys or other sensitive information directly in your Source Code. Use Environment Variables for such information. The Operator is not liable for secrets that the User stores in Source Code.

6. Payment and subscription

6.1 Free plan and paid plans

The Service offers a free plan with limited resources. Paid plans with higher resource limits are available via our payment provider Polar (polar.sh). The free plan is not time-limited — you can use the Service free of charge with no end date.

6.2 VAT

Prices shown include Swedish VAT (25%) unless stated otherwise. For customers within the EU, VAT is applied in accordance with applicable EU rules. As Merchant of Record, Polar handles VAT and invoicing.

6.3 Payment processing

Payment is made via our payment provider Polar (polar.sh), which acts as Merchant of Record. Polar is the legal seller and handles VAT, invoicing and the payment process towards you. We never store payment card details — all payment processing takes place at Polar in accordance with the PCI DSS standard.

6.4 Price changes

We reserve the right to change prices. In the event of price changes:

• existing subscribers are notified at least 30 days in advance by email,
• the new price applies only from the next renewal period,
• you have the right to cancel the subscription before the new price takes effect.

6.5 Refund upon discontinuation of the Service

If we decide to permanently discontinue the Service without the User having breached these Terms, you are entitled to a proportional refund for the remaining paid subscription period. The refund is made within 30 days of the Service ceasing. We will notify all Users at least 60 days in advance of a planned shutdown of the Service.

7. Right of withdrawal (Swedish Distance Contracts Act)

In short: As a consumer you have a 14-day right of withdrawal when purchasing a paid plan. If you have already used the Service during the withdrawal period, a proportional deduction may be made — you get the rest back.

7.1 Your right of withdrawal

Under the Swedish Distance Contracts Act (lagen (2005:59) om distansavtal och avtal utanför affärslokaler), as a consumer in Sweden/the EU you have the right to withdraw from your purchase of a paid plan within 14 days without giving any reason. The withdrawal period begins the day after you entered into the contract, provided that we have given you complete withdrawal information at or before the conclusion of the contract (this text, the Polar checkout and the order confirmation). If such information has not been provided, the period is extended in accordance with Chapter 2, Section 12 of the Distance Contracts Act, but by no more than twelve months.

7.2 Service commenced during the withdrawal period

In the Polar checkout we ask you to expressly consent to the Service beginning to be delivered immediately during the withdrawal period — that is, your upgraded plan is activated at once so that you can deploy Applications on it. By ticking the consent box you also confirm that you are aware that the right of withdrawal may be lost in whole or in part once the contract has been fully performed, in accordance with Chapter 2, Section 11 of the Distance Contracts Act.

If, after giving such consent, you withdraw from the purchase during the period:

• you retain your right of withdrawal,
• we are entitled to charge for the part of the Service already delivered, in proportion to the agreed price and the benefit actually delivered, in accordance with the Distance Contracts Act.

7.3 How to exercise the right of withdrawal

Contact us via:

• Email: support@percher.app
• State your name, email address, account name and the date of the purchase.

You may also use the Swedish Consumer Agency's (Konsumentverket) standard withdrawal form.

7.4 Refund upon withdrawal

The refund is made within 14 days of us receiving your notice of withdrawal. The refund is made using the same payment method you used for the original purchase, unless we have expressly agreed otherwise.

8. Warranty disclaimer

8.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

We do not warrant that:

• Applications deployed via the Service function correctly or without errors,
• the Service is uninterrupted, fast, secure or error-free,
• data stored in the Service cannot be lost,
• Containers are completely isolated from one another,
• Crash Diagnostics produce correct or reliable results,
• the Service meets your requirements or expectations,
• any particular level of availability (uptime) is maintained.

THE SERVICE PROVIDES NO SERVICE LEVEL AGREEMENT (SLA). There is no guaranteed availability, response time or recovery time.

Nothing in this Section 8.1 means that we disclaim liability for defects in the Service to the extent such liability follows from mandatory consumer legislation, e.g. the Swedish Consumer Sales Act (konsumentköplagen, 2022:260).

8.2 Mandatory consumer legislation

This disclaimer does not limit rights you have under mandatory Swedish consumer legislation, including the Consumer Sales Act (konsumentköplagen, 2022:260) and the Distance Contracts Act (2005:59). Where these Terms conflict with mandatory consumer-protection legislation, the mandatory legislation prevails.

9. Limitation of liability

9.1 General limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR, ITS EMPLOYEES, CONTRACTORS OR PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, YOUR APPLICATIONS OR INFORMATION OBTAINED THROUGH IT.

9.2 Scope of the limitation of liability

This limitation of liability applies regardless of whether the claim is based on contract, tort (including negligence), strict liability or any other legal basis, and even if we have been informed of the possibility of such damages.

9.3 Specific hosting risks

Without limiting the foregoing, the Operator is not liable for:

• Data loss — loss of Source Code, Environment Variables, logs or other data stored in the Service. You are responsible for maintaining your own backups of all Source Code.
• Downtime — interruptions to the Service or to the availability of your Applications, regardless of cause.
• Security incidents — intrusion, unauthorised access or exposure of data caused by vulnerabilities in your Source Code, incorrect configuration or shortcomings in Container isolation.
• Third-party dependencies — errors or problems caused by dependencies, libraries or services that your Application uses.
• Application content — damage arising from the content that your Applications display or provide to third parties.

9.4 Maximum liability

To the extent liability may be limited under mandatory law, the Operator's total aggregate liability towards you for all claims arising out of or in connection with these Terms or the Service shall not exceed the amount you have paid to us during the twelve (12) months preceding the claim. This limitation does not apply to liability that may not be limited by law (see Section 9.5), and it does not affect any right to higher compensation that you have under the Consumer Sales Act (2022:260) or other mandatory consumer legislation.

9.5 Exceptions to the limitation of liability

Nothing in these Terms limits or excludes the Operator's liability for:

• death or personal injury caused by negligence,
• fraud or intentional misrepresentation,
• liability that cannot be limited under mandatory Swedish or EU legislation,
• gross negligence or intentional misconduct.

10. Indemnification

If you intentionally or negligently breach these Terms or applicable law and this results in us facing third-party claims, you shall compensate us for reasonable and direct damage, including reasonable legal costs, to the extent permitted by mandatory consumer-protection legislation.

You are not responsible for claims arising from:

• our own breach of contract or our negligence,
• errors, defects or inadequacies in the Service,
• information that the Crash Diagnostics have generated incorrectly.

11. Third-Party Services and sub-processors

11.1 Third-Party Services

We use third-party providers to deliver the Service. When these providers process personal data on our behalf, they do so as processors under our instructions, supported by data processing agreements (GDPR Art. 28). Some providers, such as Polar, however act independently for their own payment and regulatory purposes and are then not processors for us.

In addition, the Service uses the following open-source components that run on our own infrastructure and do not involve any transfer of data to third parties:

• Caddy — reverse proxy and TLS certificate management,
• Forgejo — deploy history and version control of Applications,
• Percher build pipeline — automatic build process for Applications (Node/Bun via our own Dockerfile, Nixpacks for other runtimes, or your own Dockerfile with runtime = "docker"),
• Docker — containerisation and isolation of Applications.

11.2 Our responsibility for Third-Party Services

We are responsible for ensuring that our own use of third-party providers complies with the GDPR, including using appropriate agreements, transfer mechanisms, vendor reviews and risk assessments where required. Where a provider processes data as an independent controller or independent third-party service (e.g. for its own legal requirements, payment-regulatory obligations or an integration you have chosen to connect), we state this expressly. We cannot guarantee the availability of Third-Party Services and encourage you to review their respective terms and privacy policies.

11.3 Data transfers outside the EEA

Some of our third-party providers are based outside the European Economic Area (EEA). See our Privacy Policy for complete information about safeguards for international transfers.

11.4 Percher's role as processor (DPA)

Allocation of roles in the processing of personal data:

If your Application processes personal data (e.g. end-user data, form data, user accounts in your app), you are the controller for that processing and Percher is your processor (GDPR Art. 28). This Section 11.4, together with the Privacy Policy, constitutes the binding data processing agreement (the "DPA") between you as controller and Percher as processor, in accordance with GDPR Art. 28.3.

#### 11.4.1 Specification of the processing (GDPR Art. 28.3)

#### 11.4.2 Percher's obligations as processor

As processor, Percher undertakes to:

• process personal data in App Data only on your documented instructions, where these Terms and your configuration of the Application (percher.toml, environment variables, the code you upload) constitute the standing instructions. If we are required under EU law or the national law of a Member State to process the data otherwise, we will inform you of that requirement before the processing, unless such information is prohibited by law,
• ensure that persons authorised to process the data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality,
• take all technical and organisational security measures required under GDPR Art. 32, in accordance with Section 8 of the Privacy Policy (encryption, access control, containerisation, network isolation, audit logging),
• assist you with appropriate technical and organisational measures so that you can fulfil your obligation to respond to data subjects' rights (GDPR Chapter III), insofar as this is technically possible,
• assist you in ensuring compliance with the obligations under GDPR Arts. 32–36 (security, incidents, impact assessment, prior consultation), taking into account the nature of the processing and the information available to us,
• upon termination of the contract, delete or return all App Data to you, at your choice, and delete existing copies unless EU or national law requires continued storage (see Sections 4.4 and 14.3 and Section 6 of the Privacy Policy on retention periods),
• make available all information necessary to demonstrate compliance with the obligations in Art. 28.

#### 11.4.3 Sub-processors

Percher engages the sub-processors listed in Section 11.1 and Section 4.1 of the Privacy Policy (currently: Hetzner for infrastructure, Anthropic or OpenRouter for Crash Diagnostics when enabled, OpenRouter also for managed inference (the capsule lane) when you use it, Cloudflare for bot protection (Turnstile) and authoritative DNS, Resend for transactional email). Polar (polar.sh) is not a sub-processor of Percher but acts as Merchant of Record and independent controller for payment data under its own privacy policy. Nor is GitHub a sub-processor of Percher when you choose to connect GitHub; it is an independent third-party service/user-chosen integration. See Section 4.2 of the Privacy Policy.

• You hereby grant Percher general prior written authorisation to engage sub-processors for the processing of App Data in accordance with GDPR Art. 28.2.
• Percher undertakes to give notice of planned changes to the list of sub-processors — additions as well as replacements — at least 30 days in advance by email to the address linked to the Account and/or via the dashboard at percher.app.
• During this notice period you have the right to object to the planned change. If an objection cannot be resolved amicably (e.g. by Percher refraining from using the sub-processor in question for your Applications), you have the right to terminate the contract free of charge with effect from when the change in question takes effect, and are then entitled to a proportional refund for any unused prepaid period.
• Percher ensures that sub-processors are bound by data protection obligations equivalent to those under this DPA, and remains liable to you for the sub-processors' performance of their obligations in accordance with GDPR Art. 28.4.

#### 11.4.4 Third-country transfers

Where a sub-processor processes App Data outside the EEA (Anthropic, OpenRouter, Cloudflare and Resend in the USA), the transfer is based on the European Commission's Standard Contractual Clauses (SCCs, Decision 2021/914) supplemented by technical and organisational measures in accordance with EDPB Recommendations 01/2020. The details are set out in Section 5 of the Privacy Policy. Polar's transfer of payment data takes place under Polar's own mechanisms and is documented in Polar's privacy policy.

#### 11.4.5 Personal data breaches

Percher undertakes to notify you without undue delay — and no later than 72 hours after becoming aware of the incident — of a personal data breach affecting App Data you have entrusted to us, with the information required under GDPR Art. 33.3 to the extent it is available to us. You are responsible for assessing whether the incident requires notification to a supervisory authority or communication to data subjects in your capacity as controller.

#### 11.4.6 Audits and inspections

Percher undertakes, upon your written request (legal@percher.app), to make available all information reasonably necessary to demonstrate compliance with the obligations in this DPA, including the current sub-processor list, the most recent relevant security audit reports (where they exist), and a summary of technical and organisational measures.

• You have the right, no more than once per calendar year and with reasonable notice (at least 30 days), to conduct — or to have an independent third party agreed by both parties conduct — an audit of Percher's compliance with this DPA.
• The audit shall be conducted during normal business hours, be limited to what is required under GDPR Art. 28.3.h, and not disrupt Percher's operation of the Service for other Users.
• You bear the cost of the audit, unless the audit shows that Percher has materially breached this DPA, in which case Percher bears reasonable costs.
• In the event of a suspected serious violation or after a personal data breach, an additional ad hoc audit may be conducted without the annual limitation applying.

#### 11.4.7 Your obligations as controller

You are responsible for:

• having a legal basis for your processing of personal data via the Application (GDPR Art. 6 and, where applicable, Art. 9),
• informing your end users about the processing in accordance with GDPR Arts. 13–14, including that Percher is your processor and that Hetzner/Anthropic/OpenRouter/Cloudflare/Resend may be sub-processors (Polar is not a sub-processor of Percher but an independent controller, see Section 11.4.3),
• not storing personal data in violation of applicable data protection legislation, and not transferring special categories of data (GDPR Art. 9) without having taken the necessary safeguards,
• complying with the technical limits of the Service (resource quotas, the AUP) — Percher has no obligation to process data that exceeds these limits.

#### 11.4.8 Term and termination of the DPA

This DPA applies for as long as Percher processes App Data on your behalf. The DPA terminates automatically when the Account or the relevant Application is closed; however, the obligations regarding confidentiality, security and deletion remain in force until all App Data has been deleted in accordance with Section 11.4.2.

12. Intellectual property rights

12.1 Our property

The Service — including its design, trademarks, software, source code and interfaces — is owned by the Operator and protected by applicable intellectual property laws. This includes the Percher platform, the CLI tool, the MCP server, the dashboard, the API and all associated documentation.

12.2 Your property

You retain all rights to the Source Code you upload to the Service. We make no claim of ownership to your Applications or your Source Code. See Section 5.2 for the limited licence you grant us for the purpose of providing the Service.

12.3 Feedback

If you send us suggestions, ideas or feedback, you grant us an unrestricted, royalty-free, worldwide licence to use that feedback without any obligation to you.

12.4 Infringement notices

If you believe that content in the Service or in an Application running on the Service infringes your intellectual property rights, contact us at legal@percher.app with:

• identification of the protected work,
• identification of the infringing material,
• your contact details,
• a statement that you believe in good faith that the use is not permitted.

13. Acceptable use

13.1 Separate AUP

Use of the Service is also governed by our separate Acceptable Use Policy (AUP). The AUP forms an integral part of these Terms. In the event of a conflict between the AUP and these Terms, the stricter provision applies.

13.2 Overarching rules

Without limiting the AUP, the following overarching rules apply. You may NOT use the Service to:

• deploy Applications containing malicious code, viruses or malware,
• conduct illegal activities or distribute illegal content,
• attempt to gain access to other Users' Containers, data or Accounts,
• use the Service for crypto mining, DDoS attacks or other abusive activity,
• circumvent resource limits or security measures,
• store or process personal data in violation of the GDPR or other applicable data protection legislation,
• deploy Applications that present themselves as part of the Percher platform,
• scrape, crawl or systematically extract data from the Service,
• use the Service in violation of Anthropic's or OpenRouter's usage policies.

13.3 Resource limits

Each Application runs with resource limits (CPU, memory, number of processes). If an Application consistently exceeds its resource limits or negatively affects the infrastructure's performance for other Users, we reserve the right to:

• further restrict the Application's resources,
• temporarily stop the Application,
• contact you to discuss remedies.

14. Suspension and termination of accounts

14.1 Our right to suspend or terminate Accounts and Applications

We reserve the right to temporarily suspend or permanently terminate Accounts, and to stop or delete individual Applications, that:

• violate these Terms or our AUP,
• are involved in abuse, fraud or illegal activity,
• pose a risk to the integrity or security of the Service or to other Users,
• consume disproportionate resources without taking action following our request.

14.2 Procedure

Before we permanently terminate an Account we will, where reasonably possible:

• notify you of the reason by email,
• give you the opportunity to remedy the violation (if it is capable of remedy) within 14 days,
• inform you of your rights under consumer legislation.

In the case of serious violations (fraud, illegal activity, security threats, distribution of malicious code) we may suspend the account and/or stop Applications immediately without prior notice.

14.3 Effects of termination

Upon termination:

• your right to use the Service ends,
• all of your Applications are stopped and deleted,
• all Source Code, Environment Variables, deploy history and logs are deleted,
• backups are deleted within 30 days,
• you may request an export of your personal data within 30 days,
• your personal data is deleted within 90 days in accordance with our Privacy Policy.

14.4 Provisions surviving termination

Sections 8 (Warranty disclaimer), 9 (Limitation of liability), 10 (Indemnification), 12 (Intellectual property rights) and 17 (Governing law) survive termination of these Terms.

15. Service availability and changes

15.1 Availability

We do not guarantee that the Service is available at any particular time or during any particular period. Planned downtime is announced in advance via the Service or by email where practicable. The Service provides no SLA and no uptime guarantee.

15.2 Updates

We provide necessary updates and security updates for the Service during the agreed period, to the extent required under the Swedish Consumer Sales Act (2022:260).

15.3 Changes to the Service

We may make changes to the Service if (a) the change is necessary to maintain security, comply with law or improve functionality, and (b) the change does not, without valid reason, degrade the functionality you have paid for. If a change materially and adversely affects your access or use, we will inform you at least 30 days in advance by email and you have the right to cancel the subscription free of charge before the change takes effect. If a change results in the Service being defective within the meaning of the Consumer Sales Act (2022:260), you are entitled to the remedies provided by that act, e.g. cure, price reduction or termination.

15.4 Data retention and deletion

• Application data (Source Code, Environment Variables, logs, deploy history) is deleted when the Application is deleted.
• Backups of deleted data are retained for at most 30 days and are then deleted.
• You are responsible for maintaining your own backups of all Source Code and configuration.

15.5 Data retention upon shutdown of the Service

If we shut down the Service you will receive at least 60 days' notice in accordance with Section 6.5. The Service then enters read-only mode, and your data remains available for export for at least 30 days from the effective shutdown date. Data is permanently deleted no earlier than 90 days after the shutdown. Throughout this period you can export your Applications from the dashboard at any time. This commitment applies in addition to the proportional refund described in Section 6.5.

16. Force majeure

Neither party shall be liable for failure to perform its obligations under these Terms (with the exception of payment obligations) if the failure is due to circumstances beyond the party's reasonable control, including but not limited to:

• natural disasters, pandemic or epidemic,
• war, terrorist attack, sanctions or embargo,
• strike, lockout or industrial dispute,
• cyberattack, distributed denial-of-service (DDoS) attack or other information security incident,
• interruptions to the power grid, internet or telecommunications,
• government decisions, changes in law or court orders,
• outages at third-party providers (Hetzner, Anthropic, etc.).

The affected party shall notify the other party of the force majeure event without undue delay. If the force majeure situation lasts for more than 60 days, either party may terminate the contract with immediate effect.

17. Governing law and dispute resolution

17.1 Governing law

These Terms are governed by and construed in accordance with Swedish law, without regard to its conflict-of-law rules. If you are a consumer within the EU/EEA, the mandatory consumer-protection rules of your country of residence also apply.

17.2 Dispute resolution — informal

We want to resolve disputes amicably. If you have a complaint, contact us first at support@percher.app. We undertake to respond to complaints within 14 days and to attempt in good faith to reach a resolution within 30 days.

17.3 The Swedish National Board for Consumer Disputes (ARN)

If we cannot reach a resolution, you as a consumer in Sweden may refer the dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN). ARN issues recommendations on how the dispute should be resolved. More information is available at www.arn.se.

Postal address: Allmänna reklamationsnämnden, Box 174, 101 23 Stockholm, Sweden Filing fee: SEK 150

17.4 Courts

If the dispute cannot be resolved through the above alternatives, it shall be decided by the Swedish general courts. If you are a consumer, you always have the right to bring proceedings before the court of the place where you are domiciled.

18. Consumer rights

18.1 Mandatory legislation

Nothing in these Terms limits or excludes rights you have as a consumer under mandatory consumer-protection legislation in Sweden or the EU, including but not limited to:

• the Swedish Consumer Sales Act (konsumentköplagen, 2022:260) — liability for defects and rights relating to digital services,
• the Swedish Distance Contracts Act (distansavtalslagen, 2005:59) — right of withdrawal and information requirements,
• the EU Consumer Rights Directive (2011/83/EU),
• the EU Unfair Contract Terms Directive (93/13/EEC).

Where these Terms conflict with mandatory consumer legislation, the mandatory legislation prevails.

18.2 Liability for defects in digital services

The Consumer Sales Act (2022:260) gives you statutory rights in the event of defects in digital services, including the right to cure, price reduction and, in some cases, termination. For continuous digital services (subscriptions), the liability for defects covers the entire agreed period in accordance with the act.

19. Changes to these Terms

19.1 Right to change

We reserve the right to update these Terms. Changes take effect as set out below.

19.2 Notice of changes

• Material changes (affecting your rights, payment terms or data collection): we will notify you by email at least 30 days before the change takes effect. You then have the right to close your Account free of charge before the change takes effect.
• Non-material changes (correction of typographical errors, clarifications): published on the website and effective immediately.

20. Miscellaneous

20.1 Entire agreement

These Terms, together with the AUP and the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations and understandings. This does not affect rights arising from mandatory law or the information we are legally required to provide before the conclusion of the contract, e.g. under the Distance Contracts Act (2005:59) and the Consumer Sales Act (2022:260).

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

20.3 Assignment

We may assign these Terms and our rights and obligations under them to a third party (e.g. in connection with a business acquisition or restructuring). You may not assign your rights or obligations without our prior written consent.

20.4 Language

These Terms are drawn up in English. A Swedish translation is provided for convenience at percher.app/sv/terms. In the event of any discrepancy between the English version and any translation, the English version prevails. This does not limit any rights you have under mandatory consumer-protection legislation in your country of residence (see Sections 17.1 and 18.1), which apply regardless of the language version you read.

20.5 No waiver

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

20.6 Headings

The headings in these Terms are for guidance only and do not affect the interpretation of the Terms.

21. Contact information

Acceptance of the Terms

BY CLICKING "I ACCEPT", CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICE, YOU CONFIRM THAT:

1. You are at least 18 years old.
2. You have read and understood these Terms in their entirety.
3. You agree to be bound by these Terms.
4. You understand that the Service is provided without an SLA or uptime guarantee.
5. You understand that your Applications run on shared infrastructure and that you are responsible for the security of your own Source Code.
6. You understand that Crash Diagnostics are AI-generated and may be incorrect.
7. You are responsible for maintaining your own backups of your Source Code.

*Last updated: 2 July 2026* *© 2026 Percher — percher.app*