Terms of Service

1. Accepting these Terms

By creating an account, signing in, or using the Services you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services. You must be at least 18 years old and able to form a binding contract.

2. Your account

You must give accurate registration details, including a working email address where we can send notices (your "Notification Email Address"), and keep them current. You are responsible for everything that happens under your account and organization, including the actions of users you invite and anything done with API tokens, key pairs or client certificates you create.

Keep your password, one-time passcodes and credentials secret, and tell us promptly if you believe your account has been compromised. We may require an invitation token or identity verification before activating an account.

3. The Services and changes to them

Superclouds provides cloud infrastructure and platform services, including Super Machines, Super Drive, Super RDS, Super Load Balancer, Super VPC, Super Containers, Super Functions, SuperFission AI and SuperSense AI. Features labelled preview, beta or "coming soon" are provided as-is and may change or be withdrawn.

We update the Services routinely. We will notify you of material changes. If we discontinue a generally available service you actively use, or make a backward-incompatible change to a public API, we will give at least 90 days' notice unless we replace it with a materially similar offering, or the change is required by law or for security.

4. Ownership

You keep all rights in your Customer Content and your applications. We keep all rights in the Services and our software. These Terms do not grant either party any rights in the other's intellectual property except as expressly stated.

If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

5. Your content and data

"Customer Content" means the software, data, files, images, models and other material you or your users store or run on the Services. You grant us only the rights needed to host, process, transmit and display it in order to provide and support the Services and to comply with law. We process Customer Content as described in our Privacy Policy and maintain technical, organizational and physical safeguards to protect it.

You are responsible for your Customer Content, for having the rights to use it, and for backing it up. Snapshots and storage features help, but you should always keep your own copies of anything important. See the time limits in "Termination".

6. Shared responsibility

We are responsible for the security of the underlying platform: the physical hosts, hypervisors, network isolation between tenants and the control plane. You are responsible for what you run on it: operating systems and software inside your machines, their patching and configuration, traffic profiles and firewall rules, access you grant to users, and protecting your credentials.

7. Acceptable use

You may not use the Services to: break the law or infringe anyone's rights; distribute malware or run phishing, fraud or spam; attack, scan or disrupt other systems or networks without authorization; host child sexual abuse material or content that promotes violence or terrorism; mine cryptocurrency without our prior written consent; attempt to break out of tenant isolation or access other customers' data; or resell the Services without a written agreement with us.

8. AI features

SuperSense AI and SuperFission AI use machine learning. Answers and recommendations may be incomplete or wrong, so review them before acting. Actions proposed by SuperSense AI (such as creating, resizing or stopping machines) are only carried out when you confirm them, and you are responsible for the actions you confirm and the resulting charges. Models and data you upload to SuperFission AI are Customer Content.

9. Third-party software

Images, operating systems and applications offered through the Services (for example Ubuntu or Windows Server, database engines and marketplace platforms) are subject to their own license terms, which you agree to follow. Some licenses carry their own fees, which appear in our prices.

10. Fees, payment and taxes

Paid Services are billed on a usage basis at the prices in the price list or your order. You can watch charges accrue in Live Costs. Card payments are charged automatically at the end of each billing period; a small temporary authorization may be made to verify a new card. If we agree to invoice you, payment is due by the date on the invoice. Your obligation to pay accrued fees cannot be cancelled.

Fees exclude taxes. You are responsible for all applicable taxes unless you give us a valid exemption certificate. We may bill you more often, or require prepayment, if we see a risk of non-payment or fraud.

If you believe a charge is wrong, tell us before the payment due date. Corrections are issued as credits against your account. Refunds, where we agree to them, are given as service credits.

Prices may change with at least 30 days' notice; changes do not apply to usage before the effective date.

11. Free trials and credits

Free trials and promotional credits are subject to the limits we state when offered, may be withdrawn at any time, have no cash value and expire as stated. Resources still running when a trial ends may be stopped, or billed as described in the offer.

12. Suspension

We may suspend all or part of the Services, with notice where practicable, if: a payment fails or is overdue; your use creates a security risk to the Services or others, harms our systems or other customers, or may expose us or others to liability; your use is potentially fraudulent or breaches these Terms; or you cease operating, become insolvent or enter bankruptcy or liquidation. You remain responsible for all fees accrued during a suspension.

13. Termination

Non-payment. If a payment fails or an invoice is overdue, we will notify you at your Notification Email Address and may suspend the Services immediately. If the full balance is not paid within 10 days of that notice, we may terminate your account. When an account is terminated for non-payment, its resources and Customer Content are permanently deleted and cannot be recovered.

Breach. Either party may terminate on written notice if the other materially breaches these Terms and does not cure the breach within 30 days of notice, or immediately if the other party ceases business or enters insolvency proceedings. We may terminate immediately where continuing would break the law, or for serious acceptable-use violations.

Inactivity. We may close a project with 30 days' notice if, for 60 consecutive days, it has had no console access, no network activity and no billable usage.

Convenience. You may close your account at any time. We may end the Services for convenience with 30 days' notice.

After termination. Access to the Services ends and all unpaid fees become due immediately. Except where the account was terminated for non-payment or abuse (when deletion is immediate), Customer Content stays available for retrieval for 10 days after termination and is then permanently deleted.

14. Confidentiality

Each party will use the other's non-public information only to perform under these Terms, protect it with reasonable care, and share it only with employees, affiliates, contractors and advisers who need it and are bound by confidentiality obligations.

A party may disclose confidential information when legally required to, but where lawful will first give the other party prompt notice and reasonably cooperate with efforts to challenge the disclosure.

15. Indemnity

You will defend and indemnify Dot Corp, its affiliates and licensors against third-party claims arising from your or your users' use of the Services, your Customer Content, a breach of these Terms or the law, or disputes between you and your end users. This includes reasonable legal fees and our reasonable costs of responding to subpoenas or legal orders relating to your account.

We will defend you against third-party claims that the Services, as provided by us, infringe that party's intellectual property rights. This does not apply to claims caused by your content, or by combining the Services with things we did not provide. If such a claim arises we may obtain the needed rights, modify or replace the affected Service, or end it and refund prepaid fees for it. This is your exclusive remedy for intellectual property claims.

The indemnified party must promptly notify the other of the claim, let it control the defense, and reasonably cooperate. Neither party may settle a claim imposing non-monetary obligations on the other without its written consent.

16. Disclaimers

Except as expressly stated in these Terms or a separate written agreement (such as a service-level agreement), the Services are provided "as is" and "as available". To the extent permitted by law we disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement and quiet enjoyment, and we do not warrant that the Services will be uninterrupted or error-free or that content will not be lost or altered.

17. Limitation of liability

To the extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data. We are also not liable for losses caused by suspension or termination in accordance with these Terms.

Each party's total liability arising out of these Terms is limited to the amount you paid us for the Service giving rise to the claim in the 12 months before the liability arose. These limits do not apply to your payment obligations, your indemnity obligations, or liability that cannot be limited by law.

18. Export and anti-corruption

You will comply with applicable export control, sanctions and anti-bribery laws, and will not use the Services in, or make them available to persons in, embargoed countries or on restricted-party lists. We may terminate immediately if you breach this section.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the console; changes required by law or relating to new features may take effect immediately. Continuing to use the Services after the effective date means you accept the updated Terms.

20. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules, and disputes will be resolved in the state and federal courts located in Delaware, unless a separate written agreement between you and Dot Corp says otherwise.

21. Notices and contact

We send notices to your Notification Email Address or show them in the console. Send notices and questions about these Terms to Dot Corp by email at legal@superclouds.ooo. Postal address: Newburyport, Massachusetts, USA.