NFS – Nearly Free Software

Terms of Service

Last Updated: January 21st 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”) and Nearly Free Software (“Nearly Free Software,” “NFS,” “we,” “us,” or “our”). By accessing or using any Nearly Free Software services, you agree to be bound by these Terms.

1. Services Provided

Nearly Free Software provides managed hosting and operational support for Free and Open Source Software (“FOSS”) applications, delivered as a Software-as-a-Service offering (“Services”).

Services may include, but are not limited to:

  • Deployment and configuration of open-source applications (e.g., Nextcloud and related tools)
  • Infrastructure provisioning and maintenance
  • Software updates and security patches
  • Monitoring and backups using third-party providers

All software provided remains subject to its original open-source license terms.

2. Account Responsibility and Access

Customers are responsible for maintaining the confidentiality and security of all account credentials.

Once administrative credentials are issued and changed by the Customer, Nearly Free Software is not responsible for lost, forgotten, or compromised passwords.

Administrative or system-level access by Nearly Free Software will occur only:

  • With explicit Customer permission, or
  • Through service accounts required to perform maintenance, updates, backups, or support

3. Data Storage, Synchronization, and Offline Use

Nearly Free Software is not responsible for data loss, synchronization conflicts, or availability issues resulting from:

  • Offline use of client applications
  • End-user device misconfiguration
  • Third-party software behavior outside our control

Customers are responsible for ensuring appropriate client usage and backup strategies for their workflows.

4. Customer Responsibility for Content and Use

All activity conducted through a Customer’s hosted environment is solely the responsibility of the Customer.

Nearly Free Software does not control and is not liable for:

  • Content stored, shared, or transmitted
  • Communications, marketing, or services conducted using the platform
  • Compliance with applicable laws, regulations, or organizational policies

5. Limitation of Liability

To the maximum extent permitted by law, Nearly Free Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of data
  • Loss of revenue or profits
  • Business interruption

Our total liability for any claim shall not exceed the fees paid by the Customer for the Services during the preceding twelve (12) months.

6. Software Licensing

Nearly Free Software complies with all applicable open-source and third-party software licenses.

Customers acknowledge that:

  • Software licenses are governed by their respective licensors
  • Use of the Services does not transfer ownership of any software
  • Customers are responsible for complying with applicable license terms

7. Refunds and Cancellation

Nearly Free Software may offer a limited money-back guarantee or trial period, if stated on our website or in a written agreement.

Refund requests must be submitted in writing within the applicable period. Fees paid outside of the stated refund window are non-refundable.

8. Service Availability Disclaimer

Services are provided on an “as-is” and “as-available” basis.

No uptime, availability, or performance guarantees are provided unless explicitly agreed to in writing through a Service Level Agreement (SLA).

9. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Nearly Free Software from any claims, damages, losses, or expenses arising out of:

  • Customer’s use of the Services
  • Violation of these Terms
  • Violation of applicable laws or third-party rights

10. Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:

  • Natural disasters
  • Power or network outages
  • Government actions
  • Third-party service disruptions

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas.

Acceptable Use Policy (AUP)

Customers must use the Services in a lawful, responsible, and ethical manner.

Prohibited activities include, but are not limited to:

  • Spam or unsolicited bulk communications
  • Harassment, abuse, or threats
  • Excessive or abusive resource usage
  • Hosting or distributing malware or malicious software
  • Activities that violate applicable laws or third-party rights

Nearly Free Software reserves the right to suspend or terminate Services for violations of this policy.

Plans and Addendums

Any special plans (e.g., nonprofit pricing, community hosting, pilot programs) will be governed by written addendums published on our website or provided at purchase.

Privacy Policy

Nearly Free Software is privacy-first.

We collect only the minimum information required to operate and support the Services, including:

  • Account and billing metadata (via payment processors)
  • Support communications
  • Technical logs necessary for security and reliability

We do not:

  • Sell customer data
  • Monetize user content
  • Run advertising or behavioral tracking

Customer content remains the property of the Customer.

Limited administrative access may occur for maintenance, updates, or backups. Backups may be performed using vetted third-party providers bound by confidentiality obligations.

Data may be processed in multiple jurisdictions depending on infrastructure location.

Customers may request access, correction, or deletion of personal information, subject to legal and operational obligations.

Privacy at a Glance

  • Open-source first
  • Minimal data collection
  • No ads, no tracking, no profiling
  • Customer data belongs to the customer