Terms of Service

Please read these Terms of Service ("Terms") carefully before accessing or using Cloud Terminal ("the Service", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into a binding agreement.

3. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your account information updated
• Maintain the confidentiality of your account credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use or security breach

We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights
• Transmit spam, malware, viruses, or any harmful or malicious code
• Harass, threaten, defame, or discriminate against others
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use the Service to build a competing product
• Interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure
• Use automated means (bots, scrapers) to access the Service without our prior written consent

We reserve the right to investigate and take appropriate action, including suspending or terminating accounts, for any violation.

5. User Content

You retain ownership of content you submit, upload, or display through the Service ("User Content"). By providing User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for formatting), and display such content solely for the purpose of operating and providing the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to it and that it does not violate any law or third-party right. We are not obligated to monitor User Content but may remove any content that we determine, in our sole discretion, violates these Terms.

6. Pricing, Fees, and Payment

Certain features of the Service require payment of fees. By subscribing to a paid plan or purchasing the Service, you agree to:

• Pay all applicable fees as posted on our pricing page or as otherwise communicated
• Provide valid, current, and complete payment information
• Authorize us (or our payment processor) to charge your payment method on a recurring basis for subscription plans

Pricing is subject to change at any time and without prior notice. We reserve the right to modify, increase, decrease, add, or remove fees, plans, and features at our sole discretion. For active subscriptions, price changes will take effect at the start of your next billing cycle following notice (which may be provided by email, in-app notification, or by posting on our website). Your continued use of the Service after a price change constitutes acceptance of the new pricing. If you do not agree to a price change, your sole remedy is to cancel your subscription before the change takes effect.

All fees are non-refundable except as expressly required by law or as set forth in Section 7 below. Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. You are responsible for any taxes associated with your purchases.

7. Refunds

Except as expressly stated herein or required by applicable law, all payments are non-refundable. Where a refund is granted at our discretion or required by law, the refund will be limited to the amount of the most recent payment actually received by us from you, and no other amounts will be due.

8. Cancellation and Termination

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period; you will retain access until that date but will not receive a refund for the remaining period (subject to Section 7).

We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms, fail to pay applicable fees, or engage in any activity that we determine to be harmful to the Service, other users, or us. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including liability limits, disclaimers, indemnity, and governing law) will survive.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, trademarks, and other materials (excluding User Content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. No other rights are granted to you, by implication or otherwise.

10. Third-Party Services

The Service may integrate with or link to third-party services, websites, or content. We do not control and are not responsible for third-party services. Your use of any third-party service is governed by that party's terms and policies, and is at your own risk.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY CONTENT OR MATERIAL OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE — WHETHER IN CONTRACT, TORT, OR OTHERWISE — IS LIMITED TO, AND SHALL NOT EXCEED, A REFUND OF THE MOST RECENT PAYMENT ACTUALLY RECEIVED BY US FROM YOU FOR THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENT TO US, OUR MAXIMUM LIABILITY TO YOU SHALL BE ZERO. THIS CAP IS CUMULATIVE AND IS NOT INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

15. Changes to These Terms

We may revise these Terms from time to time at our sole discretion. The most current version will always be posted on this page, with the "Last updated" date at the top. For material changes, we will provide reasonable notice (such as by email or an in-app notification). Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we are organized, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the Service.

17. Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, labor disputes, internet or telecommunications failures, power outages, pandemics, or natural disasters.

18. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings, whether written or oral.

20. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: legal@cloudterminal.ai