Terms of Service

1. Your account

• You must be at least 18 and able to enter into a binding contract. If you sign up for a company or organisation, you confirm you are authorised to do so and it is bound by these Terms too.
• Give accurate sign-up details, keep them up to date and verify your email address. We send important billing, security and abuse notices to it.
• Keep your password, passkeys, SSH private keys and linked GitHub or Google accounts safe. You are responsible for everything done through your account. Tell us at once if you notice unauthorised use.
• Do not open several accounts to get around limits, suspensions or promotions, and do not sell, transfer or lend your account.

2. The Service

• We provide self-service virtual servers ("instances"). In the console you can create, start, stop, reinstall and delete instances at any time, and choose the region, plan and operating system image.
• Instances are unmanaged. Unless agreed otherwise in writing, you manage and maintain the operating system, software, configuration and data on them.
• IP addresses assigned to an instance belong to us or our upstream providers and are yours to use only while the instance exists. When it is deleted the address returns to us and may be given to someone else. In rare cases, such as network changes, we may need to change an address; we will try to tell you in advance.
• We may add, change or retire plans, regions, images and features. Monthly periods you have already paid for are not affected.

3. Your responsibilities

• You are responsible for securing your instances: keep them updated, use a firewall and use secure ways to log in. If a compromised instance harms others, we handle it under the Acceptable Use Policy.
• We do not back up instances. When an instance is deleted or reinstalled, or deleted after the unpaid grace period, everything on its disk is erased for good. Keep your own backups of anything important.
• You must follow the Acceptable Use Policy and the law, and you are responsible for your customers, end users and anyone else you let use your instances.
• Install operating systems only from our images, using Reinstall in the console. "DD" reinstalls are not allowed; see section 3 of the Acceptable Use Policy.

4. Fees

The Service is prepaid. Prices are in HKD and are taken from your account balance or paid once online through Stripe, as set out in the Billing and Refund Policy. You must pay all charges on your account, including metered outbound traffic. If your balance goes below zero you must pay what is owed.

5. Suspension and termination

• You can delete your instances at any time. Once they are all deleted, you can ask us to close your account.
• We may suspend or restrict your instances or account if: your balance runs out or a bill is unpaid; you break these Terms or the Acceptable Use Policy; it is needed to prevent harm to the Service, other customers or third parties; the law, a court or an authority requires it; or we suspect fraud or an abusive chargeback.
• Instances suspended for non-payment are deleted for good when the grace period (currently 72 hours) ends. Instances locked for a violation are not deleted automatically; an administrator reviews them. For serious or repeated violations we may close the account and delete its instances after notice.
• Sections on fees, liability, indemnity and governing law survive termination.

6. Your data and content

• The data and content on your instances are yours. You give us the limited permission needed to run the Service, such as storing and transmitting them.
• We do not look at the data on your instances unless you ask us to help, the law or an authority requires it, or it is strictly necessary to investigate ongoing abuse or a security incident, and then only as far as needed. Automated monitoring reads resource usage (such as CPU, bandwidth, packet rates, connection counts and destinations), not content; see the Privacy Policy.
• The Service's software, console, brand and documentation belong to us or our licensors.

7. Availability and maintenance

We make reasonable efforts to keep the Service available, but we do not promise it will be uninterrupted or error-free. Unless we sign a separate service level agreement (SLA) with you, the Service comes with no availability commitment or credits. We try to announce planned maintenance in advance; emergency maintenance, such as security fixes, may happen without notice.

8. Disclaimer

To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

9. Limitation of liability

• To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, revenue, data or goodwill.
• Our total liability for the Service is limited to what you actually paid us in the three months before the event that gave rise to the claim.
• Nothing here limits liability that cannot be limited by law, such as liability for fraud.

10. Indemnity

You will compensate us for, and protect us against, third-party claims, fines, losses and reasonable costs (including legal fees and the cost of getting IP addresses delisted) that arise from your use of the Service, your content, or your breach of these Terms, the Acceptable Use Policy or the law.

11. Changes to these documents

• We may update these documents. Each one shows its version and effective date at the top. We announce material changes by email or in the console at least 14 days ahead, and ask you to accept them again the next time you open the console and when you create an instance.
• If you do not agree to a new version, delete your instances and stop using the Service before it takes effect; any remaining balance is handled under the Billing and Refund Policy. Using the Service after the new version takes effect means you accept it.

12. Governing law and disputes

These Terms are governed by the laws of [To be completed: governing law]. We will both try to settle any dispute amicably first; failing that, [To be completed: governing law] have jurisdiction.

13. General

• These Terms and the policies above are the whole agreement between us about the Service. If any part is found invalid, the rest still applies. Not enforcing a right is not a waiver of it.
• You may not transfer these Terms without our consent. We may transfer them as part of a reorganisation or sale of the business, and will tell you if we do.
• Neither of us is liable for failing to perform because of events beyond reasonable control, such as natural disasters, war, government action, upstream network or power failures, or large-scale attacks.
• These documents exist in Chinese and English. If the two differ, the English version prevails.

14. Contact

AnyCloud Singapore Limited, [To be completed: registered address]. Email: [To be completed: contact email].