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.
- Interfere with, obscure, or attempt to remove account activity records, including billing, plan-change, and notification history.
Fair usage & abuse prevention
Cloudpen's infrastructure, including terminal/PTY sessions, Quill AI, compute, and storage, incurs real cost per action regardless of your plan or billing outcome. To keep the service sustainable and fair to all users, the following applies.
Plan cycling & refund abuse
Repeatedly upgrading and downgrading between plan tiers within a short period, purchasing and refunding a plan in immediate succession, or refunding after heavy resource use, is considered abuse of the platform's refund and billing privileges. This includes but is not limited to:
- Cycling between two or more tiers multiple times within a short window (e.g. within 48 hours).
- Refunding a paid plan shortly after consuming a disproportionate amount of compute, storage, or AI usage relative to the amount paid.
- Repeated purchase-then-refund patterns across separate billing cycles.
Where we identify this pattern, we may issue a warning, restrict specific features, or suspend the account. If the behaviour continues after a warning has been issued, we may suspend or terminate the account without further notice and without refund of any resource-usage costs already incurred.
Plan downgrades & project limits
Each plan has a maximum number of active projects (including a public/private split where applicable). If your account moves to a plan with a lower project limit than your current project count, whether by cancellation, refund, or downgrade, you will have a 24-hour grace period from the time of the change to bring your account within the new limit by deleting or exporting projects yourself.
If no action is taken within the grace period, Cloudpen will automatically archive the excess projects, starting with the least recently updated, until your account is within the new plan's limit. Archived projects are not deleted; they become read-only and inaccessible for editing or deployment until you delete other projects to free up space or upgrade to a plan with sufficient capacity.
Account activity records
Cloudpen maintains a record of account-level events, including plan changes, upgrades, downgrades, licence activations and deactivations, and related notifications, independent of any in-app notification, activity, or history view. This record is retained for audit and dispute-resolution purposes regardless of whether individual notifications are marked as read or otherwise managed within the product.
Interacting with in-app notifications (for example, dismissing or clearing them from view) does not delete or alter the underlying account activity record. Attempting to use such features, or any other means, to conceal, misrepresent, or dispute account activity that is otherwise verifiable from our records or from a third-party platform (such as AppSumo or a payment processor) is treated as a violation of these Terms and may result in immediate suspension or termination under the Termination section below.
Disproportionate resource use
We reserve the right to rate-limit, throttle, or restrict access to specific features (including Quill AI, terminal sessions, and deployments) for any account whose usage is disproportionate to its plan tier or that shows patterns consistent with automated or abusive use, regardless of whether that use otherwise complies with the Acceptable Use section above.
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. Refund eligibility is also subject to the Fair usage & abuse prevention section above; accounts showing patterns of plan cycling or refund abuse may have future refund requests declined or reviewed manually.
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. Data is not deleted immediately, but is subject to the project-limit grace period and archiving process described under Fair usage & abuse prevention.
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
Account deletion is not currently available directly from your account settings. To delete your account, email legal@cloudpen.dev or support@cloudpen.dev with your account details and the reason for deletion. Upon confirming your request, your data is queued for permanent deletion within 30 days, after which it cannot be recovered.
We may ask you to verify ownership of the account before processing a deletion request, and may decline or delay deletion where required to investigate a suspected violation of these Terms or to comply with a legal obligation.
By Cloudpen
We may suspend or terminate your account immediately, without prior notice, for violations of these Terms, including the Fair usage & abuse prevention section. For less serious violations, we will typically issue a warning or temporary suspension first; continued violation after a warning may result in suspension or termination without further notice.
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
We may update these Terms from time to time. For material changes, we will provide reasonable notice by email and/or in-app notification before the new Terms take effect, at our discretion based on the nature and impact of the change. Minor changes, clarifications, and updates that do not materially affect your rights may be made at any time without prior notice.
Continued use of Cloudpen after a change takes effect constitutes acceptance of the revised Terms. If you do not agree to a material change, you may terminate your account before the change takes effect in accordance with the Termination section.
Contact
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