Terms of Service
Last Updated: January 2025
1. Acceptance of Terms
By accessing or using Cloudwise MaaS's services, website, or platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and Cloudwise MaaS ("we," "us," or "our"). We may modify these Terms at any time, and such modifications will be effective immediately upon posting.
2. Description of Service
Cloudwise MaaS provides an AI-powered platform that offers:
- AI image and video generation services
- GPU compute infrastructure for AI workloads
- API access to various AI models
- Developer tools and resources
- Enterprise AI solutions and support
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
3. Account Registration and Security
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
3.2 Account Eligibility
You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service to violate any applicable laws or regulations
- Generate, upload, or share content that is illegal, harmful, threatening, abusive, or violates others' rights
- Generate content that infringes on intellectual property rights
- Generate content that is defamatory, obscene, or pornographic
- Generate content that promotes violence, hate speech, or discrimination
- Attempt to reverse engineer, decompile, or extract source code from the Service
- Interfere with or disrupt the Service or servers
- Use automated systems to access the Service without authorization
- Resell or redistribute the Service without our written permission
- Use the Service to compete with or harm our business
5. Content and Intellectual Property
5.1 Your Content
You retain ownership of content you upload or create using the Service. By using the Service, you grant us a license to use, store, and process your content solely for the purpose of providing and improving the Service.
5.2 Generated Content
Content generated using our Service may be subject to the terms of the underlying AI models. You are responsible for ensuring that generated content complies with applicable laws and does not infringe on third-party rights.
5.3 Our Intellectual Property
The Service, including all software, designs, text, graphics, and other materials, is owned by Cloudwise MaaS and protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.
6. Payment and Billing
6.1 Pricing
We offer various pricing plans for our Service. Prices are subject to change with notice. Current pricing is available on our website.
6.2 Payment Terms
You agree to pay all fees associated with your use of the Service. Fees are billed in advance or based on usage, as specified in your plan. All fees are non-refundable except as required by law or as specified in our Refund Policy.
6.3 Payment Methods
We accept various payment methods as displayed on our website. You authorize us to charge your payment method for all fees incurred.
6.4 Overdue Payments
If payment is not received by the due date, we may suspend or terminate your access to the Service. You remain responsible for all charges incurred.
7. Service Availability and SLA
We strive to provide reliable Service but do not guarantee uninterrupted or error-free operation. We offer Service Level Agreements (SLAs) for certain plans, as specified in your service agreement.
We are not liable for any downtime, interruptions, or service failures beyond our reasonable control, including acts of God, natural disasters, or third-party service failures.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
9. Indemnification
You agree to indemnify, defend, and hold harmless Cloudwise MaaS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you generate, upload, or share
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us or using account deletion features in the Service.
10.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without notice, if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Fail to pay fees when due
- Use the Service in a manner that harms us or other users
10.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may delete your account and content, and you remain responsible for all charges incurred prior to termination.
11. Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive your right to a jury trial and to participate in class actions.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
14. Contact Information
If you have questions about these Terms, please contact us:
- Email: maas@cloudwise.com