Legal Information
OrionScaleSystems — Carrer de Colón, 15, 46004 Valencia, España
Privacy Policy
Last updated: August 2026
OrionScaleSystems ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and use our cloud infrastructure services, in compliance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Spanish Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD).
1. Data Controller
The data controller responsible for your personal data is:
OrionScaleSystems
Carrer de Colón, 15, 46004 Valencia, España
Email: [email protected]
Phone: +34 639 504 712
2. Data We Collect
We may collect and process the following categories of personal data:
- Identity Data: Full name, company name, job title.
- Contact Data: Email address, telephone number, postal address.
- Technical Data: IP address, browser type and version, operating system, device identifiers, and access logs.
- Usage Data: Information about how you use our website and services, including pages visited, time spent, and navigation patterns.
- Communication Data: Any correspondence you send to us via forms, email, or telephone.
3. Purpose and Legal Basis for Processing
We process your personal data on the following legal bases:
- Contractual necessity (Art. 6(1)(b) GDPR): To perform our cloud infrastructure services and manage your account.
- Legitimate interest (Art. 6(1)(f) GDPR): To improve our services, ensure security, prevent fraud, and communicate relevant updates.
- Consent (Art. 6(1)(a) GDPR): Where you have given explicit consent for specific processing activities, such as marketing communications.
- Legal obligation (Art. 6(1)(c) GDPR): To comply with applicable laws, regulations, and legal processes.
4. Data Retention
We retain your personal data only for as long as necessary to fulfil the purposes for which it was collected. Contractual data is retained for the duration of the service agreement plus 6 years, as required by Spanish commercial and tax legislation. Technical logs are retained for a maximum of 12 months. Marketing consent data is retained until withdrawal of consent.
5. Data Sharing
We do not sell your personal data. We may share your data with:
- Cloud infrastructure providers (e.g., AWS, GCP, Azure) solely for service delivery.
- Payment processors for transaction handling.
- Legal and regulatory authorities when required by law.
- Sub-processors who assist in service delivery, bound by equivalent data protection obligations.
6. International Transfers
Where data is transferred outside the European Economic Area (EEA), we ensure adequate protection through Standard Contractual Clauses (SCCs) approved by the European Commission, or by relying on adequacy decisions where applicable.
7. Your Rights
Under the GDPR and LOPDGDD, you have the following rights:
- Right of Access (Art. 15): Obtain confirmation of whether we process your data and request a copy.
- Right to Rectification (Art. 16): Request correction of inaccurate or incomplete data.
- Right to Erasure (Art. 17): Request deletion of your data when no longer necessary for processing.
- Right to Restriction (Art. 18): Request limitation of processing in certain circumstances.
- Right to Data Portability (Art. 20): Receive your data in a structured, machine-readable format.
- Right to Object (Art. 21): Object to processing based on legitimate interests or direct marketing.
- Right to Withdraw Consent: Withdraw consent at any time without affecting the lawfulness of prior processing.
To exercise any of these rights, contact us at [email protected]. We will respond within 30 days. You also have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) at www.aepd.es.
8. Security
We implement appropriate technical and organizational measures to protect your personal data, including encryption at rest and in transit, access controls, regular security audits, and incident response procedures aligned with ISO 27001 and SOC2 frameworks.
Terms of Service
Effective date: August 2026
These Terms of Service ("Terms") govern your access to and use of cloud infrastructure services provided by OrionScaleSystems, registered at Carrer de Colón, 15, 46004 Valencia, España ("Provider," "we," "us," or "our"). By engaging our services, you agree to be bound by these Terms.
1. Scope of Services
OrionScaleSystems provides cloud infrastructure design, deployment, management, migration, and related technical services. The specific scope, deliverables, timelines, and pricing for each engagement are defined in individual Service Agreements or Statements of Work ("SOW") issued prior to project commencement.
2. Service Level Agreements (SLAs)
Standard SLA commitments include:
- Uptime: 99.99% monthly uptime for managed infrastructure (excluding scheduled maintenance windows notified 72 hours in advance).
- Response Time: Critical incidents acknowledged within 15 minutes; high-priority issues within 1 hour; standard inquiries within 24 hours.
- Resolution Time: Critical issues targeted for resolution within 4 hours; high-priority within 8 business hours.
SLA breach remedies may include service credits as specified in the individual SOW.
3. Payment Terms
All fees are specified in euros (€) and are exclusive of applicable taxes (IVA/VAT) unless otherwise stated. Payment is due within 14 days of invoice date. Late payments incur a statutory interest rate of 8 percentage points above the ECB reference rate, in accordance with Spanish law. Services may be suspended for invoices unpaid beyond 30 days.
4. Intellectual Property
Upon full payment, all custom infrastructure code, configuration files, Terraform modules, and deployment scripts developed specifically for the Client are transferred to the Client's ownership. Pre-existing intellectual property, proprietary tooling, and internal frameworks used by OrionScaleSystems remain our property and are licensed for use within the scope of the engagement.
5. Data Ownership
The Client retains full ownership of all data stored within or processed through infrastructure managed by OrionScaleSystems. We do not access, analyse, or share Client data except as strictly necessary for service delivery or as required by law.
6. Limitation of Liability
OrionScaleSystems' total aggregate liability under any SOW shall not exceed the total fees paid by the Client for the specific service giving rise to the claim in the 12 months preceding the incident. We shall not be liable for indirect, consequential, or punitive damages, or for data loss resulting from force majeure events.
7. Termination
Either party may terminate with 30 days' written notice. Immediate termination is permitted in cases of material breach that remains uncured for 14 days after written notice. Upon termination, all Client data will be exported and securely deleted within 30 days.
8. Governing Law
These Terms are governed by Spanish law. Disputes shall be submitted to the exclusive jurisdiction of the courts of Valencia, España, without prejudice to consumer protection rights under applicable EU directives.
Refund Policy
Effective date: August 2026
At OrionScaleSystems (Carrer de Colón, 15, 46004 Valencia, España), we are committed to delivering high-quality cloud infrastructure services. This Refund Policy outlines the conditions under which refunds may be issued.
1. Project-Based Services
For project-based cloud infrastructure services (cluster deployment, migration, security hardening, etc.):
- Pre-commencement: Full refund if cancelled before work begins.
- In-progress: Refund calculated proportionally for undelivered milestones, minus any costs already incurred for third-party cloud resources provisioned on the Client's behalf.
- Post-delivery: No refund for services fully delivered and accepted, unless a demonstrable breach of agreed SLA targets occurs within 30 days of delivery.
2. Recurring Services
For ongoing managed services (managed Kubernetes, monitoring, DR-as-a-Service):
- Clients may cancel with 30 days' written notice.
- A pro-rata refund for the current billing period is issued if cancellation occurs within the first 7 days of the billing cycle.
- No refund is issued for partial months after the first 7 days.
3. Third-Party Costs
Refunds do not cover third-party cloud provider charges (AWS, GCP, Azure usage, domain registrations, SSL certificates) already incurred or committed on the Client's behalf. These costs are passed through at cost and are non-refundable.
4. SLA Breach Credits
If OrionScaleSystems fails to meet the agreed SLA uptime targets (99.99% standard), the Client is entitled to service credits as follows:
- 99.90% – 99.99% uptime: 10% credit on monthly fees.
- 99.00% – 99.90% uptime: 25% credit on monthly fees.
- Below 99.00% uptime: 50% credit on monthly fees.
Credits are capped at 50% of the monthly service fee and are applied to the next invoice.
5. How to Request a Refund
Send refund requests to [email protected] with your project reference number and description of the issue. We will acknowledge receipt within 2 business days and process eligible refunds within 14 business days via the original payment method.
6. Dispute Resolution
If you disagree with a refund decision, you may escalate the matter by contacting our management team. Unresolved disputes may be referred to the competent courts of Valencia, España, in accordance with Spanish consumer protection law.