Terms of Service for Cloudalus

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Cloudalus software service, including any associated websites, networks, applications, and other services provided by Cloudalus (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Cloudalus ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

"User," "you," and "your" refer to the individual or entity accessing or using the Service. "Subscription" refers to the purchased right to access and use the Service according to the selected plan. "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service. "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service. "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

6. Service Description

The Cloudalus Service is a software as a service platform that allows users to use a variety of "serverless" services to support their applications. The specific features and functionality available may vary and be changed over time.

7. Billing and Payment Terms

Access to the Service is provided on a pay-as-you-go basis. Charges accumulate based on your actual usage of the Service (including but not limited to requests, data storage, and other metered resources), as defined in our pricing schedule published on our website.

  • Usage charges are calculated and invoiced monthly in arrears.
  • By using the Service, you authorize us to charge your designated payment method for the total charges incurred during each billing cycle.
  • If we are unable to process payment, we may suspend or limit your access to the Service until payment is received.
  • All fees are non-refundable except as required by applicable law.

Prices for our Service are subject to change with notice. We will notify you of any price changes before they take effect. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the updated charges.

8. Free Usage and Trials

We may offer free usage allowances (for example, a certain number of requests or amount of storage per month) or limited-time free trials. The scope and availability of such free usage are determined at our sole discretion and may be changed or discontinued at any time.

Unless otherwise specified, free usage is automatically applied each month and reduces the amount you are billed. Any usage in excess of the free allowance will be billed at the applicable rates. If you participate in a free trial, charges will begin to accrue as soon as the free trial or promotional period ends, unless you stop using the Service before that time.

9. Service Availability and Support

We aim to keep the Service available and running smoothly, but we cannot promise that it will always be uninterrupted or error-free. From time to time, availability may be affected by maintenance, upgrades, security measures, technical issues, or other factors beyond our control.

We may occasionally need to limit, suspend, or discontinue the Service, either temporarily or permanently. Wherever practical, we will provide notice and try to schedule planned maintenance during off-peak times, though this may not always be possible. We are not responsible for any loss or inconvenience that may result from downtime or interruptions.

Support is provided in line with what we make available at the time, which may include email support, documentation, or other resources. The type and scope of support may change from time to time, and while we will do our best to assist, we cannot guarantee response times or outcomes.

10. User Accounts

You must create an account to access the Service. You are responsible for:

  • Providing accurate, current, and complete information
  • Maintaining the confidentiality of your password and account
  • 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 your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

11. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe the rights of others, including intellectual property rights
  • Attempt to breach any security or authentication measures
  • Transmit any viruses, malware, or other harmful code
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Collect or harvest any information from the Service, including user accounts, user data, or content
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Engage in activities that impose unreasonable or disproportionately large loads on the system or that may degrade the quality of service for other users

We may apply technical or operational limits, throttle activity, or restrict access if your usage threatens the stability, security, or fair use of the Service.

12. Data Security and Privacy

We collect and process personal data as described in our Privacy Policy. By using our service, you consent to such processing.

13. Service Level Agreement

We aim to provide a highly reliable Service and will make reasonable efforts to keep it available. However, availability may be affected by maintenance, upgrades, security events, technical issues, or factors outside our control.

We may publish target availability or performance guidelines for the Service from time to time. These targets are goals only and are not guarantees. Any commitments around uptime, performance, or remedies (including service credits) are provided at our sole discretion and may be updated or withdrawn at any time.

14. Intellectual Property

All content provided by Cloudalus, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cloudalus or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Cloudalus and is protected by international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cloudalus.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes or personal use, as applicable, in accordance with these Terms. This license does not include the right to:

  • Modify or copy the Service or any content therein
  • Use the Service for any commercial purpose other than your organization's internal business purposes
  • Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party
  • Reverse engineer, decompile, or disassemble the Service
  • Remove or alter any copyright, trademark, or other proprietary notices contained in the Service

15. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised, without any attribution or compensation to you.

16. Third-Party Integrations

The Service may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Cloudalus DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

18. Limitation of Liability

To the maximum extent permitted by law, shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

19. Indemnification

You agree to indemnify, defend, and hold harmless Cloudalus, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service. Cloudalus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Cloudalus in asserting any available defenses.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction of New South Wales, Australia.

21. Dispute Resolution

Before filing a claim against us, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days after submission, you or we may initiate formal proceedings.

Any disputes arising from these Terms will be resolved through arbitration in accordance with the rules of the jurisdiction where Cloudalus is headquartered.

22. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Cloudalus regarding your use of our Service and supersede any prior agreements between you and Cloudalus relating to your use of our Service.

23. Waiver and Severability

The failure of Cloudalus to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

24. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Cloudalus, but may be assigned by Cloudalus without restriction.

25. Termination

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

  • Your license to use the Service will immediately cease
  • You will lose access to any User Data stored in the Service, unless otherwise specified
  • We may, but are not obligated to, delete your User Data after a certain period of time

If you wish to terminate your account, you may do so by following the instructions on the Service or by contacting us at [email protected].

26. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

27. Force Majeure

Cloudalus shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

28. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity.

29. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: 2025-09-21

Additional Terms

API Usage and Integration

API License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Application Programming Interface ("API") for the purpose of developing, testing, and supporting your integration with our Services, and for facilitating your use of our Services.

API Credentials and Security

To access our API, you may need to register for API credentials (such as API keys, tokens, or passwords). You agree to:

  • Keep your API credentials secure and confidential
  • Not share your API credentials with any third party without our prior written consent
  • Implement reasonable security measures to protect your API credentials
  • Notify us immediately of any breach or unauthorized use of your API credentials

You are responsible for all activities that occur under your API credentials.

Usage Restrictions and Rate Limits

Your use of our API is subject to the following restrictions:

  • API calls may be subject to rate limits (requests per minute, hour, or day)
  • Usage may be capped at certain volumes based on your service tier
  • Certain API functionality may require additional permissions or separate agreement
  • You may not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage

We reserve the right to enforce API rate limits, monitor API usage, and suspend or terminate API access for violations of these restrictions.

API Changes and Deprecation

We may modify, update, or discontinue any aspect of our API at any time. For material changes to the API, we will make reasonable efforts to provide advance notice. We may offer version support according to our API Lifecycle Policy, but we are not required to support previous versions of the API indefinitely.

Technical Documentation

We provide technical documentation for the use of our API. While we strive to keep documentation accurate and up-to-date, we do not warrant that the documentation will be error-free. Technical documentation is provided "as is" without warranty of any kind.

Third-Party Applications

If you develop applications for third parties that integrate with our API, you agree to:

  • Provide clear attribution identifying the use of our Service in your application
  • Ensure your end users comply with these Terms
  • Not misrepresent your relationship with us or suggest that we endorse your application
  • Comply with all applicable laws and regulations, including data protection laws

Monitoring and Analytics

We may monitor your use of the API for compliance with these Terms, security purposes, and to improve our Services. This monitoring may include the number of API calls, traffic patterns, and content of API requests and responses (consistent with our Privacy Policy).

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