Terms of Service

Last updated: April 28, 2026

1. Acceptance of Terms

By accessing or using Potions ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. You must be at least 18 years of age to use the Service.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Service Description

Potions is a platform that enables you to deploy, manage, and monitor Phoenix and Elixir applications on your own virtual private servers (VPS). The Service facilitates server provisioning, application deployment, domain management, scheduled tasks, and related infrastructure management through integrations with third-party providers.

Potions acts on your behalf to manage infrastructure that you own and control. You are responsible for all resources provisioned through your connected accounts, including any costs incurred with third-party infrastructure providers.

3. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Third-Party Integrations

The Service integrates with third-party platforms including, but not limited to:

  • DigitalOcean - for server provisioning and infrastructure management. By connecting your DigitalOcean account, you authorize Potions to create, configure, and manage resources on your behalf.
  • GitHub - for accessing your code repositories and managing deployments. By installing the Potions GitHub App, you authorize access to the repositories you select.
  • Stripe - for payment processing. Your payment information is handled directly by Stripe and is subject to Stripe's Privacy Policy.

Your use of third-party services is governed by their respective terms of service and privacy policies. Potions is not responsible for the availability, performance, or actions of any third-party service.

5. User Responsibilities

You are responsible for:

  • The security of your API tokens, SSH keys, and other credentials stored in or connected to the Service
  • Complying with the terms of service of all third-party providers you connect (DigitalOcean, GitHub, etc.)
  • All costs incurred on your DigitalOcean account or other connected infrastructure providers
  • The content, legality, and operation of the applications you deploy through the Service
  • Maintaining backups of your application data and code
  • Properly configuring your servers and applications

6. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Deploy applications that distribute malware, conduct phishing, or facilitate illegal activity
  • Attempt to gain unauthorized access to the Service or its related systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Resell or redistribute the Service without our written consent
  • Use the Service in a way that could harm other users or the Service's infrastructure

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this policy.

7. Payment and Billing

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to:

  • Pay all fees associated with your selected plan
  • Provide accurate and complete billing information
  • Authorize recurring charges at the applicable billing interval

Subscriptions renew automatically unless cancelled before the end of the current billing period. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and no partial refunds are provided for unused time.

We reserve the right to change our pricing with reasonable notice. Price changes will take effect at the start of your next billing period following notification.

8. Intellectual Property

Your content: You retain all rights to your application code, data, configurations, and any other content you provide to or through the Service. By using the Service, you grant Potions a limited license to access, store, and process your content solely for the purpose of providing the Service.

Our platform: The Service, including its design, features, and underlying technology, is owned by Potions and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

9. Data and Content

You own your data. We process it only as necessary to provide the Service. For details on how we handle your data, please refer to our Privacy Policy.

We are not responsible for any data stored on servers you provision through the Service. You are responsible for implementing appropriate backup and disaster recovery measures for your applications and data.

10. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO POTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Potions is not liable for outages, errors, or data loss caused by third-party services, including DigitalOcean, GitHub, or Stripe. Potions is not liable for costs incurred on your third-party accounts as a result of your use of the Service.

11. Termination

You may terminate your account at any time by contacting us or through your account settings. We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice.

Upon termination:

  • Your right to access the Service ceases immediately
  • We will delete your account data in accordance with our Privacy Policy
  • Resources provisioned on your third-party accounts (e.g., DigitalOcean droplets) will remain under your control and are your responsibility to manage
  • Any outstanding fees remain payable

12. Indemnification

You agree to indemnify, defend, and hold harmless HexMonster LLC ("Potions"), its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your use of the Service or any activity under your account
  • The content, operation, or legality of applications you deploy through the Service
  • Your use of connected third-party accounts (DigitalOcean, GitHub, etc.)
  • Your violation of these Terms or any applicable law
  • Your infringement of any third-party rights

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of Delaware.

You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against HexMonster LLC.

15. Contact

If you have questions about these Terms, please contact us at hey@potions.io.