Introduction
These Terms and Conditions ("Terms") govern your access to and use of the Cloudpen platform and services, including the code editor, deployment infrastructure, AI assistant, CLI tool, and all related features available at cloudpen.dev and associated subdomains.
By creating an account or accessing Cloudpen, you agree to be bound by these Terms. If you are using Cloudpen on behalf of an organisation, you represent that you have authority to bind that organisation.
Accounts
Registration
- You must provide accurate, current, and complete information during registration and keep it updated.
- You must be at least 13 years of age. If you are between 13 and 18, you represent that you have parental or guardian consent.
- One account per person. You may not create multiple accounts to circumvent plan limits or abuse policies.
- You are responsible for maintaining the confidentiality of your login credentials.
Account security
You are solely responsible for all activity that occurs under your account. Notify us immediately at legal@cloudpen.dev if you suspect unauthorised access. Cloudpen will not be liable for any loss arising from unauthorised use of your account.
Use of the service
Cloudpen grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform solely for your personal or internal business purposes, subject to these Terms.
Availability
We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where possible. Unscheduled downtime may occur without notice.
Modifications
We reserve the right to modify, suspend, or discontinue any part of the service at any time. For material changes that significantly reduce functionality on your current paid plan, we will provide at least 30 days' notice and a prorated refund for the unused period.
Acceptable use
You agree not to use Cloudpen to:
- Violate any applicable law, regulation, or third-party rights.
- Upload, store, or deploy malware, viruses, ransomware, or any code designed to cause harm.
- Conduct phishing, spam, or social engineering attacks.
- Attempt to gain unauthorised access to Cloudpen's infrastructure, other users' accounts, or external systems.
- Mine cryptocurrency or conduct activity that places disproportionate load on infrastructure.
- Resell or sublicense access to Cloudpen without written consent.
- Scrape or extract data using automated means beyond the scope of the official API or CLI.
- Host, distribute, or link to content that is illegal, harassing, defamatory, or violates intellectual property rights.
- Circumvent, disable, or interfere with any security or access-control features.
Intellectual property
Cloudpen's IP
The Cloudpen platform, including its code, design, trademarks, logos, and documentation, is owned by or licensed to Cloudpen and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the platform.
Feedback
If you provide feedback, suggestions, or ideas about Cloudpen, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without obligation to you.
Your content
You retain full ownership of all code, files, and data you create or upload to Cloudpen ("Your Content"). By using the platform, you grant Cloudpen a limited, non-exclusive, royalty-free licence to store, process, and serve Your Content solely to provide the service.
This licence does not permit us to:
- Use Your Content for advertising or marketing.
- Share Your Content with third parties beyond what is necessary to provide the service.
- Train AI or machine learning models on Your Content.
- Sell or license Your Content to any party.
*.cloudpen.dev subdomain. Ensure you do not publicly deploy content you do not have the rights to distribute.Payment & billing
Paid plans
Paid plans are billed monthly or annually in advance in US dollars. By subscribing to a paid plan, you authorise us to charge your payment method on a recurring basis until you cancel.
Refunds
We offer a 14-day refund on your first payment for any paid plan. After 14 days, payments are non-refundable except where required by law or where we have materially reduced the features included in your plan.
Cancellation
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; your account reverts to the Free plan limits with no data deleted immediately.
Taxes
Prices displayed do not include applicable taxes (VAT, GST, etc.). Where required by law, taxes will be added at checkout and shown on your invoice.
Termination
By you
You may delete your account at any time from your account settings. Upon deletion, your data is queued for permanent deletion within 30 days, after which it cannot be recovered.
By Cloudpen
We may suspend or terminate your account immediately, without prior notice, for violations of these Terms. For less serious violations, we will typically issue a warning or temporary suspension first.
If we terminate your account without cause, we will provide 30 days' notice and a prorated refund of any prepaid subscription fees.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CLOUDPEN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the service will be uninterrupted, secure, or error-free, or that defects will be corrected.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDPEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
Our total cumulative liability to you for any claims shall not exceed the greater of (a) the amount you paid to Cloudpen in the 12 months preceding the claim, or (b) USD $100.
Indemnification
You agree to defend, indemnify, and hold harmless Cloudpen and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses arising from (a) your use of the service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.
Governing law
These Terms shall be governed by and construed in accordance with applicable law. Any disputes that cannot be resolved informally shall be subject to binding arbitration, except where prohibited by law. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Changes to terms
For material changes, we will provide at least 14 days' notice by email and via an in-app notification before the new Terms take effect. Continued use after the effective date constitutes acceptance of the revised Terms.
Contact
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