LetsCloud Inc. - Terms of Service

Welcome to LetsCloud Inc. ("LetsCloud", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our cloud computing platform, websites (including www.letscloud.io), APIs, software, and other services (collectively, the "Services").

These Terms also incorporate by reference our Privacy Policy, Service Level Agreement (SLA), and Acceptable Use Policy (AUP).

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.

1. Description of Services

LetsCloud provides an Infrastructure-as-a-Service (IaaS) platform that allows users to provision and manage computing resources, such as virtual machines, storage, networking, load balancers, and other related services as made available on our website.

2. User Accounts

  • Account Creation: You must provide accurate, current, and complete information during the registration process.
  • Account Responsibility: You are solely responsible for all activities that occur under your account, including the configuration of your resources and the security of your access credentials (passwords and API keys). You must notify us immediately of any unauthorized use of your account.
  • Security: You are responsible for configuring and maintaining the security of your applications and data ("Your Content"). LetsCloud manages the security of the underlying infrastructure, but security in the cloud is a shared responsibility.

3. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy (AUP). You agree not to, and not to allow third parties to, use the Services for any illegal, harmful, or abusive activities. This includes, but is not limited to:

  • Illegal Activities: Engaging in or promoting any activity that is illegal under applicable law.
  • System and Network Abuse: Violating the security or integrity of any network, computer, or communications system. This includes deploying viruses or malware, engaging in Denial of Service (DoS) attacks, or unauthorized port scanning.
  • Prohibited Content: Hosting or transmitting content that is unlawful, defamatory, infringing on intellectual property, obscene, or hateful.
  • Email Abuse (Spam): Sending unsolicited bulk email or operating open mail relays.

Violations of the AUP may result in the immediate suspension or termination of your Services without prior notice.

4. Payment, Billing, and Refunds

  • Fees: You agree to pay all applicable fees for the Services as described on our pricing page. Fees are based on your usage (pay-as-you-go) or prepaid plans. Services are billed based on usage or prepaid plans, as detailed on our Pricing Page.
  • Billing: Billing will occur in regular cycles (e.g., monthly). Payment is due on the date specified in the invoice. You agree to maintain valid payment information on file with us.
  • Taxes: All fees are exclusive of applicable taxes, which are your responsibility to pay.
  • Late Payments: Accounts with overdue payments may have their services suspended or terminated. LetsCloud is not liable for any data loss resulting from suspension due to non-payment.
  • Refund Policy: Except as provided in our Service Level Agreement (SLA) or as required by law, all payments are non-refundable.

5. Term and Termination

  • By You: You may terminate these Terms at any time by closing your account through the LetsCloud control panel.
  • By Us: We may suspend or terminate your access to the Services at any time, for any reason, including, but not limited to, violations of these Terms or our AUP. We will use reasonable efforts to provide you with prior notice, but we are not required to do so if the breach is severe.
  • Effect of Termination: Upon termination, your right to use the Services will cease immediately. It is your responsibility to export Your Content prior to account closure. LetsCloud may permanently delete Your Content upon or after termination.

6. Intellectual Property

  • Our Services: We and our licensors own all right, title, and interest in and to the Services, including all related software, technology, and intellectual property.
  • Your Content: You retain all right, title, and interest in and to the data, applications, and content that you upload, run, or store on the Services ("Your Content"). You grant us a worldwide, royalty-free license to host, copy, and transmit Your Content as necessary for us to provide the Services to you.

7. Confidentiality

Each party agrees not to disclose the other party's Confidential Information, except to employees or agents who need to know it and who are bound by confidentiality obligations. "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or would reasonably be considered confidential under the circumstances.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LETSCLOUD DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR CONTENT, THE OPERATION AND SECURITY OF YOUR ONLINE PROPERTIES AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL LETSCLOUD BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB SITE AND/OR BUSINESS.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL LETSCLOUD, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF VULTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.

THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF LETSCLOUD AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO LETSCLOUD DURING THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.

10. Indemnification

You agree to defend, indemnify, and hold harmless LetsCloud, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Services or your violation of these Terms.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America applicable therein, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware to resolve any legal matter arising from these Terms.

12. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. We will notify you of changes by posting the new terms on our website or by sending an email to the address associated with your account.

13. General Provisions

  • Entire Agreement: These Terms (including the documents they incorporate by reference) constitute the entire agreement between you and LetsCloud.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • DMCA Notices: LetsCloud responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe your copyright is being infringed, please refer to our DMCA Policy for instructions.

14. Contact Information

If you have any questions about these Terms, please contact us at: legal@letscloud.io

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