Terms of Service

“Service” means the MonkeysCloud platform, including the web dashboard at monkeys.cloud, the API, the CLI, the Git hosting service, and all related infrastructure.

“Account” means your registered user account on the Service.

“Organization” means a team workspace within the Service that contains members, projects, and billing.

“Project” means a collection of resources within an Organization, including a Git repository, task board, instances, domains, and configuration.

“Instance” means a compute or database server provisioned within a Project, which may be free or paid.

“Content” means any data you upload, store, or process through the Service, including source code, database contents, task data, documentation, files, and configuration.

“User” or “you” means any individual or entity that accesses or uses the Service.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@monkeys.cloud if you believe your account has been compromised.

You must be at least 16 years old to create an account. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal development purposes.

3.2 Your Content. You retain all rights to your Content. By using the Service, you grant us a limited license to host, store, process, build, deploy, and serve your Content solely as necessary to provide the Service. We do not claim ownership of your Content. We do not use your Content to train machine learning models.

3.3 Free Tier. MonkeysCloud offers free instance sizes (Free and Starter) and free trials on certain paid instance sizes. Free offerings are provided at our discretion and may be modified, limited, or discontinued at any time with 30 days' notice. Free offerings are provided “as is” without warranty or service level commitment. We reserve the right to impose or modify limits on free offerings, including the number of organizations, projects, instances, storage, bandwidth, and build minutes.

3.4 Paid Services. Paid instance sizes and plan subscriptions are subject to the billing terms in Section 7. Paid services include service level commitments as described in our SLA.

You agree not to use the Service to:

4.1 Illegal Activity. Engage in any activity that violates applicable local, state, national, or international law or regulation, including but not limited to laws regarding data privacy, intellectual property, export controls, and computer fraud.

4.2 Cryptocurrency Mining. Run cryptocurrency mining, proof-of-work computation, blockchain validation, or any similar resource-intensive computation designed to generate cryptocurrency or tokens. Instances detected running mining software will be terminated immediately without notice.

4.3 Malicious Software. Host, distribute, or facilitate malware, ransomware, viruses, trojan horses, worms, spyware, adware, keyloggers, botnets, command-and-control servers, phishing sites, or any software intended to damage, disrupt, or gain unauthorized access to systems.

4.4 Spam and Abuse. Send unsolicited bulk email (spam), operate open relays or open proxies, conduct port scanning or network enumeration of systems you do not own, or launch denial-of-service attacks against any target.

4.5 Harmful Content. Host, store, or distribute content that: depicts child sexual abuse material (CSAM), promotes terrorism or violent extremism, constitutes revenge pornography or non-consensual intimate imagery, or facilitates human trafficking.

4.6 Intellectual Property Infringement. Host or distribute content that infringes the intellectual property rights of others, including pirated software, cracked applications, unauthorized copies of copyrighted material, or counterfeit goods.

4.7 Unauthorized Access. Attempt to access, tamper with, or use areas of the Service, other users' accounts, or computer systems that you are not authorized to access.

4.8 Resource Abuse. Use free instances for purposes that consume excessive shared resources to the detriment of other users. This includes cryptocurrency mining, password cracking, artificial load generation, sustained 100% CPU usage unrelated to legitimate application workloads, and operating services primarily designed to circumvent the free tier's resource limits.

4.9 Circumvention. Create multiple accounts or organizations to circumvent limits imposed by the Service, including free instance quotas, project limits, or bandwidth caps.

4.10 Resale Without Authorization. Resell, sublicense, or redistribute access to the Service or its infrastructure without prior written authorization from MonkeysCloud. This does not prohibit agencies or developers from hosting client applications on the Service as part of their professional services.

We reserve the right to suspend or terminate accounts and instances engaged in prohibited uses without prior notice. No refund is provided for instances terminated due to prohibited use.

5.1 Limits. The Service imposes limits on organizations, projects, instances, storage, bandwidth, and build minutes as described in our documentation. Limits vary by organization tier and plan. We reserve the right to modify limits with 30 days' notice.

5.2 Bandwidth. Each instance includes a bandwidth allocation as specified in the instance size documentation. Bandwidth overages are billed at $0.12 per GB. We will notify you when you reach 80% of your included bandwidth.

5.3 Fair Use. Free and Starter instances are provided under a fair use policy. We may throttle, suspend, or request that you upgrade instances that consistently consume shared resources at levels significantly above the median for their instance size. We will contact you before taking action except in cases of clear abuse.

5.4 Suspension for Excess Usage. If your organization's tier is reduced (due to cancellation of paid instances, trial expiration, or payment failure), and your current usage exceeds the new tier's limits, the downgrade and grace period terms described in our documentation apply. After the grace period, excess resources may be suspended.

6.1 Our IP. The Service, including its design, code, features, documentation, and brand, is owned by MonkeysCloud Inc and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or brand assets without prior written permission.

6.2 Your IP. You retain all intellectual property rights in your Content. We do not acquire any ownership interest in your Content by virtue of your use of the Service.

6.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service without obligation to you.

7.1 Pricing. Current pricing for instance sizes and plan subscriptions is published at monkeys.cloud/pricing. We may change pricing with 30 days' advance notice. Price changes do not affect the current billing period.

7.2 Billing Cycle. Paid instances and plan subscriptions are billed monthly in advance. The billing cycle begins on the date the paid instance or plan is activated.

7.3 Free Trials. Certain instance sizes (Plus, Pro, Business) include a 90-day free trial. During the trial, no charges are incurred. After the trial, the applicable monthly fee is charged automatically if a payment method is on file. If no payment method is on file, the instance is suspended as described in our documentation. Trial terms may be modified or discontinued at any time for new instances.

7.4 Payment Methods. Payment is processed by Stripe. You authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment method current.

7.5 Failed Payments. If a payment fails, we will retry for 7 days. After 7 days without successful payment, the affected paid instance is suspended. Data is preserved for 30 days. If payment is not resolved within 30 days, the instance and its data may be permanently deleted.

7.6 Refunds. Paid instances can be cancelled at any time. The instance runs until the end of the current billing period. We do not provide prorated refunds for partial months. Instances terminated for violation of these Terms are not eligible for refunds.

7.7 Taxes. All prices are exclusive of applicable taxes. You are responsible for any sales tax, VAT, GST, or other taxes imposed by your jurisdiction. We will collect and remit taxes where required by law.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining any necessary consents from individuals whose data you process through the Service.

If you process personal data of EEA or UK residents through the Service, you may be a data controller and we may be a data processor. A Data Processing Agreement is available for Enterprise customers on request.

9.1 Availability. We strive to maintain high availability of the Service. Our target uptime is described in our SLA.

9.2 Maintenance. We may perform scheduled maintenance that temporarily affects Service availability. We will provide at least 24 hours' notice for scheduled maintenance via the status page and email notification.

9.3 Free Tier. Free and Starter instances are not covered by our SLA. They are provided on a best-effort basis without uptime guarantees.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONKEYSCLOUD CORP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless MonkeysCloud Inc, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service, (b) your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

13.1 By You. You may delete your account at any time from account settings. Upon deletion, your data will be permanently removed within 30 days. Active paid subscriptions will not be refunded for the current billing period.

13.2 By Us. We may suspend or terminate your account if you violate these Terms, engage in prohibited uses, fail to pay outstanding fees, or if we determine in our reasonable judgment that your use poses a risk to the Service or other users. We will provide notice before termination except in cases of clear abuse or legal requirement.

13.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. We will make your Content available for export for 30 days following termination (except in cases of termination for illegal activity, where data may be preserved for law enforcement or deleted immediately as appropriate).

14.1 Governing Law. These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of laws provisions.

14.2 Jurisdiction. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado for any disputes arising from or relating to these Terms or the Service.

14.3 Informal Resolution. Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting legal@monkeys.cloud. We will attempt to resolve the dispute within 30 days.

15.1 Entire Agreement. These Terms, together with the Privacy Policy, SLA, and any additional terms for specific features, constitute the entire agreement between you and MonkeysCloud regarding the Service.

15.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

15.3 No Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure. We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or Google Cloud Platform outages.

15.6 Notices. We may provide notices to you via email to the address associated with your account, or by posting notices on the Service. You may provide notices to us at legal@monkeys.cloud.