Terms of Service

1. The Agreement

These Terms of Service ("Terms") are a legal agreement between you ("you" or "User") and DataCats LLC ("DataCats," "we," "us," or "our"). They govern your access to and use of Cardboard, including the website located at cardboard.datacats.io, any associated APIs, and all related services (collectively, the "Service").

By creating an account or using the Service in any way, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

These Terms incorporate by reference our Privacy Policy and Acceptable Use Policy (Section 6 below).

2. Eligibility and Account Registration

Age. You must be at least 18 years old to create an account or purchase Credits. By registering, you represent that you meet this requirement.

Accurate information. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. We reserve the right to suspend or terminate accounts with inaccurate or fraudulent registration information.

Account security. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Notify us immediately at ian.gifford@datacats.io if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account that result from your failure to safeguard your credentials.

One account per person. You may not create multiple accounts to circumvent usage limits, credit bonuses, or any restriction we apply to your account.

Account review. New accounts may be subject to a brief manual review before activation. We will notify you by email when your account is ready.

3. The Service

Cardboard allows you to launch, run, and stop isolated cloud computing environments ("Boxes"). Each Box is a container running on shared AWS infrastructure operated by DataCats. Box types (configurations of CPU, memory, and storage) are defined by DataCats and are subject to change.

Early-access nature of the Service. Cardboard is currently in an early-access phase. Features may be incomplete, subject to change, or temporarily unavailable. We do not make any uptime guarantees at this time. Do not run production workloads or store irreplaceable data on Cardboard without independent backups.

No SLA. We do not currently offer a Service Level Agreement. We will endeavor to provide reliable service but are not liable for downtime, data loss, or service interruptions.

4. Credits, Billing, and Payment

4.1 Credits

Cardboard operates on a prepaid credit system. You purchase Credits in advance, and Credits are deducted from your balance at a per-minute rate while a Box is in a running state. The rate is displayed on the box type card at the time of launch and on the pricing page.

Credits are a limited license to use the Service; they are not a deposit, gift card, stored value, or cash equivalent. Credits have no value outside the Service.

4.2 Billing cycle

Credit is deducted in real time. If your Credit balance reaches zero while a Box is running, the Box will be stopped automatically. We are not responsible for any consequences of an automatically stopped Box, including data loss or service interruption.

4.3 No refunds

All Credit purchases are final and non-refundable. Unused Credits do not expire for the life of an active account, but they have no cash value and will not be refunded upon account termination, voluntary or otherwise, except as required by applicable law.

We may, at our sole discretion, issue Credits or partial refunds in exceptional circumstances (e.g., service outages directly attributable to our infrastructure that caused data loss). Any such remedy is entirely discretionary and does not set a precedent.

4.4 Taxes

Prices are listed exclusive of applicable taxes. Where required by law, applicable taxes (including VAT, GST, or sales tax) will be added to the price at checkout. You are responsible for any taxes applicable to your use of the Service.

4.5 Pricing changes

We reserve the right to change Credit pricing or box-type rates at any time. We will provide at least 14 days' notice of any price increase via email or in-app notification before the new price takes effect. Continued use of the Service after the effective date constitutes acceptance of the new pricing.

4.6 Credit expiration

Credits in an account that has had no login activity for 24 consecutive months may be forfeited at our discretion. We will send a notice to your registered email address at least 60 days before any expiration action is taken.

4.7 Payment processors

Credit purchases are processed by a third-party payment processor. By purchasing Credits, you agree to that processor's terms of service. We do not store full payment card information on our systems.

5. Your Boxes and Your Data

5.1 Ownership

You retain all ownership of the data, files, and configuration you place inside your Boxes ("User Content"). DataCats does not claim any intellectual property rights over User Content.

5.2 Access to your content

DataCats operates the infrastructure that runs your Box. We can observe operational metadata (e.g., that a Box is running, resource usage, network traffic volumes). We do not routinely access the contents of your Box. We may access your Box solely to: (a) respond to a support request you have submitted; (b) investigate a suspected violation of these Terms; (c) comply with a valid legal obligation; or (d) prevent imminent harm to our infrastructure or other users.

5.3 Data persistence and backups

Data inside a Box may not persist after the Box is stopped. Whether data is retained between sessions depends on the specific box type and whether persistent storage is attached. Consult the box type description before relying on data persistence. You are solely responsible for backing up any data you wish to preserve. DataCats assumes no liability for data lost when a Box is stopped, crashed, terminated, or deleted.

5.4 Data deletion on termination

Upon account termination (by you or by us), we will retain your data for 30 days to allow retrieval, after which we will delete it from our systems in the ordinary course. Export your data before closing your account. Deletion from active storage does not guarantee immediate removal from all backup systems; backup deletion may take up to 90 additional days.

5.5 License to operate the Service

By uploading or creating User Content through the Service, you grant DataCats a limited, non-exclusive, royalty-free license to store, process, and transmit that content solely as necessary to provide the Service to you. This license ends when your content is deleted.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. The following is a non-exhaustive list of prohibited uses. Violation of this policy may result in immediate suspension or termination of your account.

6.1 Prohibited activities

You may not use the Service to:

• Violate any applicable law, regulation, or court order.
• Store, distribute, or transmit content that is illegal in your jurisdiction or ours (including child sexual abuse material, which we are legally required to report).
• Infringe the intellectual property rights of any third party, including uploading, hosting, or distributing copyrighted content without authorization.
• Mine cryptocurrency or other blockchain tokens.
• Conduct distributed denial-of-service (DDoS) attacks or any other activity intended to disrupt or degrade the Service or any third-party system.
• Attempt to gain unauthorized access to any other user's account, Box, or data, or to DataCats systems or infrastructure.
• Resell, sublicense, or provide the Service to third parties as a managed service without our prior written consent.
• Impose an unreasonable or disproportionately large load on our infrastructure (e.g., running a Box at maximum resources continuously in a manner designed to exhaust shared capacity).
• Circumvent, disable, or tamper with any security features of the Service.
• Use the Service to send unsolicited bulk email (spam) or other unsolicited mass communications.
• Collect or harvest personal information of other users without their consent.
• Misrepresent your identity or impersonate any person or entity.
• Engage in any activity that violates the privacy of others.

6.2 Enforcement

We reserve the right to investigate potential violations of this policy. If we believe a violation has occurred, we may take any of the following actions at our sole discretion, without prior notice: (a) issue a warning; (b) throttle or suspend your Box; (c) suspend your account; (d) terminate your account and forfeit any unused Credits; or (e) report you to appropriate law enforcement authorities. We will endeavor to notify you of account suspension unless prohibited by law or where notification would hinder an investigation.

7. Copyright and DMCA

DataCats respects intellectual property rights. If you believe that content accessible through the Service infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent:

Your DMCA notice must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work and the infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

We will respond to valid DMCA notices and may remove or disable access to allegedly infringing content. We will terminate the accounts of repeat infringers.

8. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

We collect only the information necessary to operate the Service. We do not sell your personal data to third parties.

9. Service Availability and Changes

Availability. We will make reasonable efforts to keep the Service available but do not guarantee uninterrupted access. We may perform maintenance, upgrades, or emergency interventions that require temporary downtime. We will endeavor to provide advance notice of scheduled maintenance.

Changes to the Service. We may modify, add, or remove features of the Service at any time. We will provide reasonable notice (at least 14 days where practicable) of any changes that materially reduce the functionality of the Service or result in deletion of user data.

Discontinuation. If we decide to discontinue the Service entirely, we will provide at least 30 days' notice, during which time you may export your data and receive a pro-rata Credit refund for any unused, paid Credits. "Paid Credits" excludes any Credits issued as promotions, bonuses, or at no cost to you.

10. Term and Termination

By you. You may close your account at any time from the account settings page or by contacting us at ian.gifford@datacats.io. Closing your account will stop any running Boxes, and unused Credits will be forfeited unless otherwise required by law.

By us. We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, if your account poses a security or legal risk to us or to other users, or for any other reason at our sole discretion. Where feasible, we will provide notice and an opportunity to cure before termination for non-payment or minor policy violations.

Effect of termination. Upon termination: (a) your right to use the Service ceases immediately; (b) running Boxes are stopped; (c) your data will be retained for 30 days per Section 5.4; and (d) all accrued obligations and the following Sections survive: 4 (to the extent of any outstanding obligations), 5.1, 7, 11, 12, 13, 14, and 15.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DATACATS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DataCats does not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any data stored through the Service will be accurate, complete, or secure; (d) any defects in the Service will be corrected; or (e) the Service is free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATACATS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability cap. To the maximum extent permitted by applicable law, DataCats' total cumulative liability to you for any claims arising out of or relating to these Terms or the Service will not exceed the greater of: (a) the total amount of Credits you purchased in the six (6) months immediately preceding the event giving rise to the claim; or (b) USD $50.00.

The limitations in this Section apply to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not DataCats has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law. Nothing in these Terms limits DataCats' liability for death or personal injury caused by gross negligence, fraud, or any other liability that cannot be excluded by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless DataCats and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you store or transmit through the Service.

14. Dispute Resolution

14.1 Informal resolution

Before filing a formal legal claim, you agree to contact us at ian.gifford@datacats.io and give us a reasonable opportunity (at least 30 days) to resolve the dispute informally.

14.2 Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring claims in small claims court if they qualify.

The arbitration will be conducted in English. For claims under $10,000, the arbitration will be conducted solely on the basis of written submissions.

14.3 Class action waiver

YOU AND DATACATS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.

14.4 Opt-out

You may opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to ian.gifford@datacats.io with the subject line "Arbitration Opt-Out." If you opt out, both parties agree to submit disputes to the jurisdiction described in Section 15.2.

15. General Provisions

15.1 Changes to these Terms

We may update these Terms at any time. If we make material changes, we will provide at least 14 days' advance notice via email or in-app notification. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service and may close your account.

15.2 Governing law and venue

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law principles. Subject to Section 14, you agree that any legal action arising from these Terms will be brought exclusively in the state or federal courts located in Maryland, and you consent to personal jurisdiction in those courts.

15.3 Entire agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and DataCats and supersede all prior or contemporaneous agreements, representations, or understandings.

15.4 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will remain in full force.

15.5 No waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

15.6 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. DataCats may assign its rights and obligations freely, including in connection with a merger, acquisition, or sale of assets, with 30 days' notice to you.

15.7 Force majeure

DataCats is not liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government action, labor disputes, or internet infrastructure failures.

16. Contact

Questions about these Terms? Contact us: