Legal - Promotional Credit & Discount Terms

·Promotional Credit & Discount Terms

·Last Updated on June 7, 2024

·DigitalOcean Promotional Credit & Discount Terms and Conditions

• 1These DigitalOcean Promotional Credit & Discount Terms and Conditions (these "Terms") are an agreement between you and DigitalOcean, LLC, as well as its parents, affiliates and subsidiaries, including but not limited to Cloudways, Ltd., (collectively "DigitalOcean," "your DigitalOcean contracting entity," "us," "our," or "we") and govern your use of any DigitalOcean promotional credit ("Promotional Credit") or discounts ("Discount(s)"). You must have a valid DigitalOcean account to redeem a Promotional Credit or Discount. Capitalized terms used but not defined in these Terms will have the meanings set forth in the agreement between you and your DigitalOcean contracting entity governing your use of the Services (the "Agreement"). The Promotional Credit or Discount will be applied only to offset eligible fees and charges incurred during or following the billing cycle in which you apply the applicable Promotional Credit or Discount code to your DigitalOcean account. Promotional Credit and Discounts will be applied only to the specific Services, affiliates, or offerings designated by your DigitalOcean contracting entity (collectively, "Eligible Services"). In addition to these Terms, Promotional Credits and Discounts are subject to any additional terms, conditions, or other restrictions set forth in the offer or notification to you. Promotional Credits and Discounts will not be applied to any fees or charges for DigitalOcean Marketplace, DigitalOcean Support, any Services for mining for cryptocurrency or otherwise in violation of the Agreement or DigitalOcean's Acceptable Use Policy, any other Services as may be designated by your DigitalOcean contracting entity, or any upfront fee or prepayment for any Services (collectively, "Ineligible Services").
• 2The Promotional Credit or Discount will not be applied to your DigitalOcean account until you redeem the applicable Promotional Credit or Discount code through the DigitalOcean Site or as otherwise directed by us. Each Promotional Credit or Discount code can only be redeemed once and only on one DigitalOcean account. Your DigitalOcean account will be billed for all fees and charges for use of any Eligible Services in excess of the amount of available Promotional Credit or Discount.
• 3You may not sell, license, rent, or otherwise transfer the Promotional Credit or Discount. A Promotional Credit or Discount may be applied only to your own DigitalOcean account. Promotional Credits and Discounts have no intrinsic value, is not redeemable for cash, have no cash value, are nonrefundable, and serves merely as a means to provide an incentive to use our Services. Promotional Credits and Discounts may not be purchased for cash, and we and our affiliates do not sell Promotional Credits or Discounts.
• 4The Promotional Credit or Discount is void in the event of fraud, misuse, or violation of any terms of the Agreement, these Terms, or the terms of the agreement, promotion, or program pursuant to which you received the Promotional Credit or Discount. Any Promotional Credit or Discount is void if sold for cash or other consideration. Any Promotional Credit or Discount applied to DigitalOcean accounts that are determined by DigitalOcean to have been created solely for the purpose of obtaining Promotional Credits or Discounts are void. In addition to any other legal relief available to us, you will reimburse us for the amount of any Promotional Credit or Discount you use in violation of these Terms.
• 5By accepting any Promotional Credit or Discount, you represent and warrant that your receipt and use of Promotional Credit or Discount is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules) and will not create a conflict of interest for your DigitalOcean contracting entity.
• 6If you are a government entity or other entity that is subject to special rules governing your receipt of the Promotional Credit or Discount, you may not use or receive any Promotional Credit or Discount directly from your DigitalOcean contracting entity unless agreed by us in writing.
• 7Unless authorized by us, Promotional Credits and Discounts may not be used in conjunction with any other promotional or incentive offer from us or our affiliates.
• 8Promotional Credits and Discounts will not be applied against any sales, use, gross receipts, or similar transaction based taxes that may be applicable to you.
• 9You may not issue any press release or make any other public disclosure regarding Promotional Credits or Discounts without our prior written consent.
• 10Promotional Credits and Discounts are valid for a limited time only and cannot be redeemed after the expiration date indicated when you receive the applicable Promotional Credit or Discount code (or such other date designated by us or in these Terms). Redeemed Promotional Credits and Discounts will be applied to offset eligible fees and charges incurred during the entire billing cycle in which it expires. Failure to redeem a Promotional Credit or Discount before its expiration date will result in its forfeiture. We reserve the right to cancel any Promotional Credit or Discount at any time. No refunds will be granted for any expired or canceled Promotional Credit or Discount.
• 11We may modify these Terms at any time by posting a revised version on the DigitalOcean website or by sending you an email using the email address provided in your application for Promotional Credit or Discount. The modified Terms will become effective upon posting or, if we notify you by email, as stated in the email message.