1. Acceptance of Terms
By accessing our website at openbalancer.com, utilizing our open-source codebase, or entering into a commercial Master Services Agreement (MSA) with INCONTROL PLUS, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must discontinue the use of our services immediately.
2. Open Source License vs. Enterprise B2B Services
2.1. Open Source Core: The community edition of OpenBalancer is distributed under the MIT License. Users are free to use, modify, and distribute the software subject to the terms of the MIT license.
2.2. Enterprise & Consulting Services: All paid commercial offerings, including custom deployments, 24/7 SLA monitoring, dedicated infrastructure management, and technical consulting, are contracted directly through INCONTROL PLUS ЕООД via formal B2B Statement of Work (SOW) agreements.
3. B2B Invoicing & Payment Terms
Enterprise retainer fees and consulting charges are invoiced electronically or via our Stripe Invoicing integration. Payment is due within 14 calendar days from the invoice issuance date unless otherwise specified in your Master Services Agreement. All prices are quoted in Euros (EUR) or Bulgarian Lev (BGN) exclusive of applicable VAT.
4. Service Level Agreements (SLAs) & Incident Handling
For enterprise clients with an active SLA subscription:
- Target Availability: INCONTROL PLUS commits to maintaining a minimum of 99.9% monthly uptime for managed gateway nodes.
- Critical Response: Response time for Severity 1 (Critical) service disruptions is guaranteed within 15 minutes.
- Remedies: Service credits or refunds are governed exclusively by our Refund & SLA Policy.
5. Intellectual Property
OpenBalancer™, the OpenBalancer logo, trademarks, proprietary custom plugins, and all associated branding are the exclusive intellectual property of INCONTROL PLUS ЕООД.
6. Limitation of Liability
To the maximum extent permitted by applicable law, INCONTROL PLUS ЕООД shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from the use of the open-source software or network interruptions beyond our direct control.
7. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria and the European Union. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Sofia, Bulgaria.
8. Contact Information
For any legal inquiries regarding these Terms, please reach out to: