Terms of Service
These Terms of Service are effective February 1, 2018. They define the agreement between you and Cloudrun Inc, a Florida Corporation.
By using the cloudrun.co website ("Service"), or any services of Cloudrun Inc. ("Cloudrun", "We"), you agree to the following terms and conditions ("Terms"). If you are entering into this agreement on behalf of a company or other legal entity, you confirm that you are authorized to bind such entity, its affiliates and all users who access the Service through your account to these Terms, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms, you may not accept this agreement or use the Service. If We make material changes to these Terms, We will notify you by email and by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service will be subject to these Terms. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the most current version of the Terms at any time on the Site. Violation of any of the Terms can result in the termination of your Account. You agree that We will not be responsible for the content posted on the Service and you nonetheless may be exposed to such content. You agree to use the Service at your own risk.
1. Account Terms
- You must be 13 years or older.
- You must be a human. Accounts registered by "bots" or other programs are not permitted and will be deleted without notice.
- You must provide your legal full name, a valid email address, and a valid payment method to register for an account.
- Your login may only be used by one person.
- You are responsible for keeping your login email and password secure.
- We will not be liable for any loss or damage that may occur from your failure to maintain your login email and password secure.
- One person or legal entity may not maintain more than one free account.
2. Use Terms
- You may not use the Service for any illegal or unauthorized purpose.
- You agree that We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if We have been advised of the possibility of such damages, resulting from your use of the Service.
- Abuse or excessively frequent requests to Cloudrun may result in the temporary or permanent suspension of your account. We reserve the right to determine what constitutes abuse or excessive usage.
- We reserve the right to modify or discontinue your access, temporarily or permanently, with or without notice, at any time.
3. Payment, Refunds, Upgrading and Downgrading Terms
- All model run and disk usage charges made under the pay-as-you-go plan will be billed on the last calendar day of the month.
- Individual charges may vary between model runs.
- Individual charges may also vary between same model runs made at different times. However, We will always let you know what the exact charge before you agree to proceed with the model run.
- By accepting to start a model run, you agree to pay the amount associated with that run.
- Storage of model output files will be charged based on storage capacity used and time duration of the storage.
- All charges made under the monthly paid plans will be billed on the day when you register for the plan.
- If you agree to a subscription price, that will remain your price for the duration of the payment term. However, prices are subject to change at the end of a payment term. Any usage once you enter credit card information will immediately incur a usage charge.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Downgrading your plan may cause the loss of content, features, or capacity of your account. We will not be liable for such loss.
3.1 Upgrades, Downgrades, and Changes
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, we will bill you for the full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by choosing a plan option or going into your Billing settings. Downgrades will take effect at the end of your billing cycle.
- If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.
3.2 No Refunds
- For monthly or yearly payment plans, the Service is billed in advance on an immediate, monthly or yearly basis respectively and is non-refundable.
- There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for resources unused with an open account.
- The service will remain active for the length of the paid billing period.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved method of payment.
- You are responsible for all fees, including taxes, associated with your use of the Service.
- By using the Service, you agree to pay Cloudrun any charge incurred by your use of the Service.
- If you decide to dispute the matter, you agree to contact Cloudrun Support first and request a resolution.
- Free trial credits cannot be refunded.
4. Cancellation and Termination
- You are responsible for canceling your account by contacting email@example.com.
- Cloudrun, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time.
- Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
5. Modification of the Services
- We reserve the right to amend and update these Terms at any time.
- We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website.
- For non-material modifications, your continued use of the Website constitutes agreement to our revisions of the Terms.
- We reserve the right to modify or discontinue the Service, at any time, temporarily or permanently, with or without notice.
- We will not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
6. Copyright and Content Ownership
- We claim no intellectual property rights over the data you upload to the Service. The information on your profile and uploaded Content remain yours.
- We reserve the right to refuse or remove any uploaded Content.
You will defend Cloudrun against any claim, demand, suit or proceeding made or brought against Cloudrun by a third party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Cloudrun for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Cloudrun in connection with any such claim, demand, suit or proceeding; Provided, that Cloudrun (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Cloudrun of all liability); and (c) provides to you all reasonable assistance, at your expense.
The look and feel of the Service is copyright ©2018 Cloudrun Inc. All rights reserved.
7. Proprietary Rights
- You agree that Cloudrun owns all legal right, title and interest in and to the Cloudrun Services, including any intellectual property rights which subsist in the Cloudrun Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
- Except as provided in this section of the Terms, Cloudrun acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Cloudrun Services, including any intellectual property rights which subsist in that Content and the Application, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless you have agreed otherwise in writing with Cloudrun, you agree that you are responsible for protecting and enforcing those rights and that Cloudrun has no obligation to do so on your behalf.
- Cloudrun claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Services you give Cloudrun a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Content for the sole purpose of enabling Cloudrun to provide you with the Cloudrun Services consistent with your privacy settings and in keeping with our security procedures.
- By adding a collaborator to your Project or Account, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Projects(s) and Content as permitted by the relevant Cloudrun Services functionality or features for the sole purpose of collaborating on development of the Application(s).
8. General Conditions
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
- You expressly understand and agree that Cloudrun, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cloudrun, or any other Cloudrun service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without written permission by Cloudrun.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cloudrun customer, employee, member, or officer will result in immediate account termination.
- You are responsible for exporting your Content and Application(s) from the Cloudrun Services prior to termination of your account for any reason.
- You agree not to (a) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is provided by Cloudrun in connection with the Cloudrun Services, unless you have been specifically allowed to do so in a separate agreement with Cloudrun, or (b) engage in any activity that interferes with or disrupts the Cloudrun Services (or the servers and networks which are connected to the Service).
- Cloudrun does not warrant that:
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
You expressly understand and agree that Cloudrun shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cloudrun has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into and received from the Service;
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service.