This Platform Service Agreement ("Agreement") is a legally binding written agreement between you ("user" or "you") and kvmspot Inc. ("platform" or "we") governing your use of the platform's Mac cloud computing services and related features ("the Service"). Please read it carefully before using the Service, paying particular attention to the clauses regarding disclaimers and limitations of liability.
By clicking "Agree", "Get Started", or a similar confirmation button, or by accessing and using the Service in any way, you are deemed to have fully understood and completely accepted all terms of this Agreement. If you disagree with any term, please stop accessing and exit the platform immediately.
Core Services
The platform provides cloud computing rental services powered by real physical Apple Mac hardware. We reserve the right to make reasonable adjustments to service features, content, technical specifications, or delivery processes based on operational needs.
Service Continuity
We will make every effort to maintain stable service, but cannot guarantee uninterrupted or completely fault-free service. You understand and acknowledge that brief outages may occur due to network fluctuations, natural hardware aging, and routine maintenance. Platform compensation is governed by the agreed Service Level Agreement (SLA).
Third-Party Integrations
The platform may integrate tools or feature modules provided by third parties. We make no warranties regarding such third-party services and assume no joint or incidental liability.
Accuracy of Registration Information
You must ensure that all information submitted during registration and throughout your use of the platform is true, accurate, complete, and kept up to date. Any losses arising from providing false information or failing to maintain accurate account details are your sole responsibility.
Account Credential Security
You are responsible for safeguarding all access credentials for your account, including but not limited to login credentials, passwords, and SSH keys.
All actions performed using your account credentials are considered authorized by you, and you bear full legal responsibility for them. If you detect any signs of unauthorized access or suspicious login activity, please contact us immediately and take emergency action.
Payment Model
The platform operates on a prepaid basis — users must pay in full before service activation. All plan prices are denominated in USD and are exclusive of tax. Any taxes applicable to your use of the service must be self-reported and paid by you in accordance with local regulations.
Refund Policy
Unless otherwise required by mandatory law, all payments made by users are non-refundable, including account balances and purchased but unused service time. The platform reserves the right of final interpretation of this policy.
Price Changes
The platform reserves the right to adjust pricing at any time. Any price changes will be communicated to users in advance via platform announcements or account notifications. Renewals will be billed at the current effective price at the time of renewal.
While using any platform services, you must comply with all applicable laws and regulations. The following activities are strictly prohibited:
- Violating any applicable laws, regulations, or compliance requirements in any jurisdiction;
- Infringing upon the copyrights, patents, privacy, or other legally protected rights of others;
- Sending spam, conducting phishing, or engaging in any form of online fraud;
- Performing unauthorized port scanning or penetration testing, or distributing trojans or malicious code;
- Mining cryptocurrency in any form (unless prior written authorization has been obtained from us);
- Excessively consuming or intentionally abusing platform compute resources in a manner that disrupts other users.
Upon confirming a violation, we reserve the right to immediately suspend or permanently terminate your access without prior notice, delete related data without refund, and pursue legal action.
Data Ownership
All data you upload or store on the platform's servers remains your sole property. The platform makes no claim to any of your data.
Data Backup Responsibility
Users are solely responsible for backing up and protecting all their data. Even if the platform provides an optional backup feature, it is an add-on only and does not constitute any express or implied guarantee of data integrity or security.
Personal Information Handling
You agree that the platform may, in accordance withPrivacy Policythe relevant provisions, to lawfully collect, store, and process personal information you provide.
Platform services are provided on an "as-is" and "as-available" basis without any express or implied warranties of any kind.
To the maximum extent permitted by law, the platform expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will fully meet all your business requirements, or that it will be available uninterrupted, real-time, completely accurate, or error-free at all times.
Under no circumstances shall the platform or its affiliates, directors, employees, or partners be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages (including loss of business profits, data loss, or business interruption), even if the platform was previously advised of the possibility of such losses.
To the maximum extent permitted by law, our total cumulative liability to you (regardless of whether the cause is based on contract, tort, or other legal grounds) shall not exceed the total service fees you actually paid to the platform in the one calendar month preceding the dispute.
User-Initiated Termination
You may stop using all or part of the platform's services at any time, but fees already paid are non-refundable.
Platform-Initiated Termination
If we have reasonable grounds to believe you have violated any term of this agreement, we may suspend or permanently revoke your access to services at any time without incurring any liability. Upon termination, the platform reserves the right to immediately delete all data and records stored by you on the platform's servers.
Governing Law and Dispute Resolution
This agreement shall be interpreted, governed by, and enforced in accordance with the laws of the jurisdiction where kvmspot is registered. Any disputes arising from this agreement shall be submitted to the competent court or arbitration body at the place of registration.
Severability
If any provision of this agreement is found to be illegal, invalid, or unenforceable, that provision shall be severed and removed as a standalone part, while the legality, validity, and binding force of all remaining provisions remain unaffected.
Entire Agreement
This agreement constitutes the complete agreement between the parties regarding the platform services and fully supersedes all prior written and verbal communications, representations, and commitments on the same subject matter.