Terms and Conditions

Last updated: 2023-04-16

Introduction

Welcome to CloudRay, a service provided by Webstream.io Software Private Limited (“Company”, “we”, “our”, or “us”).

This document, the Terms and Conditions (“Terms”), is a legal agreement between the Company and you, the user (“you”, “your”, or “User”). It governs your access to and use of CloudRay, including any related services, products, websites, and content provided by us (collectively, the “Service”). By accessing, creating an account, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you are agreeing to these Terms for that organisation and promising that you have the authority to bind that organisation to these Terms (in which case, “you” and “your” will refer to that organisation).

Our Service is dynamic, constantly evolving with new features and capabilities to enhance user experience and effectiveness. As such, these Terms may also change over time. We encourage you to review them periodically to stay informed of our latest updates.

Please be aware that these Terms constitute a binding legal agreement outlining your legal rights, obligations, and remedies arising from your use of the Service. It includes important information about your legal rights, and covers areas such as automatic subscription renewals, limitations of liability, privacy of user data, and dispute resolution. By accepting these Terms, you agree to resolve disputes with the Company through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the dispute resolution section.

If you have any questions or concerns regarding these Terms, or any aspect of our Service, please contact us at [email protected].

Acceptance of Terms

Your access to and use of CloudRay, a service provided by Webstream.io Software Private Limited, is subject to your acceptance of these Terms and Conditions (“Terms”). This encompasses all interactions with our Service, including but not limited to browsing our website, registering an account, or utilising our services in any manner.

By choosing to use CloudRay, you affirm that you have read, understood, and agree to be bound by these Terms. If at any point you find any part of these Terms unacceptable, we advise that you discontinue the use of CloudRay immediately.

It is important to recognise that these Terms constitute a legally binding agreement between you and Webstream.io Software Private Limited. By using CloudRay, you confirm that you have the legal capacity to enter into this agreement, especially if you are representing an organisation.

We also wish to inform you that our Privacy Policy, which is a separate document, details how we handle personal and sensitive data. We recommend reviewing our Privacy Policy to understand our data protection practices.

Please be aware that we may update or revise these Terms from time to time without prior notice. Such changes will become effective immediately upon their posting on our website. Your continued use of CloudRay following any such changes will indicate your acceptance of the revised Terms. We encourage you to review the Terms regularly to stay informed of any updates.

Account Inactivity

To ensure efficient use of resources, CloudRay periodically reviews the activity status of projects.

  • Inactivity Policy: Projects on the Free plan that do not receive any sign-ins or other user interactions for a continuous period of 12 months may be considered inactive.
  • Suspension and Deletion: Inactive projects are subject to suspension and may eventually be deleted from our systems. The suspension serves as a preliminary step before deletion, allowing for system resource optimisation without immediate data removal.
  • Impact on Users: Once a project is suspended, access to its services and data will be restricted. If a project remains inactive and is subsequently deleted, all data associated with that project will be permanently lost.

Use of the Service

Your use of CloudRay must strictly adhere to all applicable laws and regulations. It is imperative that CloudRay is not used for any illegal purposes. This includes, but is not limited to:

  • Engaging in any activity that is unlawful under any applicable laws.
  • Using the service in a manner that facilitates or promotes illegal activities.
  • You must not use CloudRay for any illegal purposes. This includes any activities that violate local, national, or international laws.
  • Abusing the Service: Any form of abuse of CloudRay is strictly prohibited. This includes overburdening the system by creating an excessive number of projects, scheduling more scripts to run than what could be considered fair use, particularly within the constraints of a free plan. Such practices can negatively impact the service’s performance for other users.
  • Resource Limitations: You are expected to respect the limits of your service plan. Exceeding these limits in a manner that puts undue strain on CloudRay resources may lead to account suspension or additional charges.
  • The Service must not be used in a way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.
  • Engaging in any activity that disrupts or interferes with the normal operation of the Service, or that negatively affects other users’ ability to use the Service, is not allowed.

It is your responsibility to ensure that your use of CloudRay does not contravene any legal standards. Failure to comply with this requirement may result in the immediate termination of your account and potential legal action.

It is crucial that you use CloudRay responsibly and considerately. We reserve the right to suspend or terminate accounts that engage in prohibited activities as outlined above. If you are unsure about your usage patterns or have any questions about what constitutes acceptable use, please contact us at [email protected].

Service Level Agreement (SLA)

Currently, CloudRay does not offer a formal Service Level Agreement (SLA). We focus on maintaining the highest quality of service without binding specific metrics into an SLA framework. This approach allows us the flexibility to adapt and innovate our service offerings rapidly in response to customer needs and technological advancements.

What We Offer Instead:

  • Service Monitoring: Our systems are monitored 24/7 to ensure operational performance and reliability.
  • Support Response: We strive to respond to all customer support inquiries within 24 hours.
  • Maintenance and Updates: Regular updates and maintenance are scheduled during off-peak hours to minimise any potential service disruption.

We understand the importance of reliability in our services and are committed to providing updates about any changes to our service policies, including the future consideration of an SLA, as our service evolves and grows.

Data Usage

In our commitment to continually enhance the capabilities of CloudRay, we may use the data generated by users while using our Service for AI training purposes. This includes, but is not limited to, various forms of user interactions, configurations, and operational patterns. By using the Service, you grant CloudRay a non-exclusive, royalty-free, worldwide license to use, copy, modify, and adapt this data to improve and enhance our AI algorithms and services.

We prioritise your privacy and data security. To that end, sensitive data such as passwords, SSH keys, and any other confidential information will be explicitly excluded from use in AI training and development processes. Our use of data is strictly for the purpose of improving the Service, and we implement robust measures to ensure the confidentiality and integrity of your sensitive information.

User-generated data will be used solely for internal purposes. It will not be publicly disclosed or shared with third parties without your explicit consent, except as necessary to provide and improve the Service, or as required by law.

By contributing to the AI learning process through your non-sensitive data, you help us in making CloudRay more efficient, effective, and responsive to user needs.

Please note, your use of the Service must always comply with all applicable laws, regulations, and these Terms, including not uploading or sharing any content that infringes on the intellectual property rights of others or violates privacy and data protection laws.

Data Collection

At CloudRay, transparency about our data collection practices is important. Here is a brief overview: CloudRay may collect certain server information, such as the number of cores and memory, for operational purposes.

  • Types of Data Collected: We collect information provided by users during account registration, such as name and email address. Automated data like usage statistics and IP addresses are also gathered. Cookies and tracking technologies are used to improve user experience.

  • Purpose of Data Collection: Collected data is used to enhance CloudRay’s functionality, support users, and communicate effectively. It also helps in maintaining service security and legal compliance.

  • Data Sharing and Disclosure: User data is not sold or rented. It may be shared with trusted partners for operational purposes under strict confidentiality agreements. Data may be disclosed if required by law or for the protection of our rights and safety, or that of our users.

  • User Control and Access: Users can access, update, or request the deletion of their personal data through our support team. Browser settings provide options to manage cookies and tracking technologies.

For detailed information on our data handling practices, refer to our Privacy Policy. Questions or concerns can be addressed to [email protected].

Payment Terms

CloudRay’s payment terms are based on user’s service usage. Details are as follows:

  • Subscription fees are calculated based on the actual usage of CloudRay services. For pricing information, refer to our website or the sign-up process.
  • A valid payment method is required for processing usage-based fees. It is the responsibility of the user to keep their payment information updated.
  • Billing occurs on a periodic basis, reflecting the services used. The typical cycle is monthly, based on service usage in the preceding month.
  • Subscriptions do not automatically renew in a traditional sense but are determined by ongoing service usage.
  • Users may discontinue their use of CloudRay at any time, which will cease further usage-based billing from the next cycle onwards.
  • Delayed payments may lead to suspension or termination of access to the service.

Modifications to the Service

Webstream.io Software Private Limited reserves the right to modify or discontinue, temporarily or permanently, any aspect of the CloudRay service at any time. Changes to the service may include updates, enhancements, or discontinuation of certain features or functionalities.

  • Users will be notified of significant changes to the service where practicable. However, continued use of CloudRay after such modifications constitutes acceptance of these changes.
  • In the event of a service discontinuation, we will make reasonable efforts to provide users with advance notice and options for transitioning to other services, where applicable.
  • We are not liable for any modification, suspension, or discontinuation of the service or any loss of related information.

Cancellation and Termination

Users have the right to cancel their CloudRay subscription and terminate their account at any time. The following outlines the terms related to cancellation and termination:

  • User-Initiated Cancellation: Users can cancel their subscription through their account settings or by contacting support. Cancellation will become effective at the end of the current billing cycle. No refunds are provided for the remaining period of the cycle.
  • Termination by CloudRay: Webstream.io Software Private Limited reserves the right to suspend or terminate a user’s account if there are reasonable grounds to believe that the user is using the service in violation of these Terms and Conditions or applicable laws. This may include, but is not limited to, suspected fraud, misuse, or significant breach of service terms.
  • Effect of Termination: Upon termination, the user will lose access to their CloudRay account and all associated data. It is the user’s responsibility to secure any necessary data before cancellation or termination.
  • Post-Termination Obligations: Following account termination, users remain obligated to pay any outstanding charges incurred up to the time of termination.

Limitation of Liability

Webstream.io Software Private Limited and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the CloudRay service;
  • Any conduct or content of any third party on the service;
  • Unauthorised access, use, or alteration of your transmissions or content; and
  • Any other matter relating to the service.

Our total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the service (or, if we choose, to supplying you the service again).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.

Indemnification

As a user of CloudRay, you agree to indemnify, defend, and hold harmless Webstream.io Software Private Limited, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms and Conditions;
  • Your use of CloudRay, including, but not limited to, your User Content, third-party services, and products accessed through CloudRay;
  • Any misuse of CloudRay’s service or any violation of applicable laws, rules, or regulations in connection with your use of the service.

This indemnification obligation will survive the termination or expiration of your account and these Terms and Conditions.

Intellectual Property Rights

All rights, title, and interest in and to the Service, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights, are and shall remain the exclusive property of the Company. Users retain ownership of their data and content inputted into the Service. However, by using the Service, users grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and perform such content as necessary for the Company to operate and maintain the Service.

Confidentiality

Confidential information refers to any data or information, oral or written, treated as confidential that a user learns from the Company during the duration of their use of the Service, which is not publicly known and not generally known in the industry. Both the user and the Company agree not to disclose confidential information to any third party, except as required by law or as necessary to perform obligations under these Terms. All parties agree to take all reasonable steps to prevent its unauthorised disclosure.

Compliance with Laws

Users must comply with all applicable laws and regulations while using the Service. This includes compliance with export control laws and regulations if the Service is used in jurisdictions outside of the country of origin.

Force Majeure

Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond the party’s reasonable control. This includes, but is not limited to, mechanical, electronic, or communications failure or degradation.

Entire Agreement

These Terms, together with any other legal notices and agreements published by the Company regarding the Service, constitute the entire agreement between you and the Company with respect to the Service. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Service.

Miscellaneous

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without giving effect to any principles of conflicts of law.
  • Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
  • No Waiver: The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  • Assignment: Users may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may assign or transfer these Terms, at its sole discretion, without restriction.