Welcome to MooCloud. These Terms and Conditions ("Terms") govern your access to and use of the services provided by MooCloud ("we", "us", or "our"), a Swiss-based company offering various cloud-based services. By accessing or using our services, you agree to be bound by these Terms and any additional terms and conditions and policies referenced herein and/or available by hyperlink.
1. Identity of the enterprise
Moocloud di M. Rezzin, a sole proprietorship located at Via Ripari Tondi 10, 6500 Bellinzona, Ticino, Switzerland, and registered under UID CHE-398.697.609 since 24 January 2024.
2. Services overview
MooCloud provides various cloud services, including but not limited to Serverless Container, Database, Storage Volume, Project Storage, Image Optimization, Transactional Mail, AI, Traffic, Backup, and DNS services. Services can be customized and packaged in different terms according to the specific needs of our customers.
3. Pricing and payment
Services are billed based on the specific metrics associated with each service, such as resource units, space usage, the number of processed images, sent/received emails, AI token utilization, traffic bandwidth, and DNS requests. Customers must provide metrics for guaranteed and limit resources, with the understanding that guaranteed resource limits can be exceeded for a maximum of 120 minutes per day. A base cost may apply for certain services, in addition to the variable costs based on usage. Pricing is subject to change with prior notice to the customer.
4. Billing terms and conditions
4.1 General billing policy
Our services are prepaid and billed based on usage of resources such as serverless computing, database storage, AI tokens, and more. It is the responsibility of the customer to maintain their account balance to avoid service interruptions.4.2 Resource usage and limits
Customers are billed for actual resource consumption and storage used. AI services are token-based, with tokens purchased in advance. Development services requested by customers will be billed hourly, with estimates provided beforehand.4.3 Payment failure and debt collection
MooCloud reserves the right to suspend services for unpaid invoices or depleted prepaid resources. We may sell outstanding debts to a third-party collection agency if payments remain overdue. Additional charges may apply for exceeding resource limits or causing service downtime.5. Licensing and production use
Development for customers is based on open-source components. Use in production requires no additional licensing fees as long as they remain MooCloud clients. A license fee is required if a customer terminates services and continues using the developed features.
6. Customer responsibilities
As a valued customer of MooCloud, you play a crucial role in how your data is managed and utilized. It's important that you ensure all your data activities comply with the laws and regulations relevant to your location and industry. This means if you're handling data that requires special attention—like personal information or sensitive business data—you need to treat it according to legal standards, including data protection laws like the GDPR for our friends in the EU, as well as Swiss and US regulations.
7. Use of services
When you use MooCloud services, you're agreeing to play by the rules—not just ours, but also those set by legal bodies that govern digital conduct. This means using our cloud capabilities for legitimate purposes only and steering clear of any activities that might be considered illegal or harmful. We trust you to use our services wisely, but we're also committed to acting responsibly by suspending or terminating services if they're used inappropriately.
8. Data security and privacy
Your data's security and privacy are top priorities for us at MooCloud. We're dedicated to protecting your information with robust security measures, aligning our practices with our Privacy Policy and adhering to the highest standards of data protection legislation. Whether it's GDPR in the EU, the relevant Swiss laws, or US regulations, we've got the compliance covered. Our goal is to ensure your peace of mind, knowing your data is safe and treated with the respect it deserves.
9. Termination and suspension
We hope it never comes to this, but MooCloud maintains the authority to discontinue or pause services if there's a breach of our Terms. Violations might include illegal use of services, non-compliance with data protection laws, or other actions that go against our guidelines. Termination or suspension can happen with or without prior notice, depending on the severity of the situation. It's all part of our commitment to maintaining a secure, compliant, and fair service environment for all our users.
10. Suspension for abuse or illegal activities
If we receive an abuse report or discover evidence of illegal activities related to your use of our services, MooCloud reserves the right to immediately suspend your access to our services pending an investigation. Such activities include, but are not limited to, the distribution of illegal content, unauthorized access to systems, or any form of network attack. Official requests for investigation or action must be submitted to us in writing via email. During the suspension, we will investigate the matter thoroughly and take appropriate action, which may include termination of services if the investigation confirms abuse or illegal activities.
11. Mandatory plan upgrades
MooCloud may require you to upgrade your service plan if your usage significantly exceeds the terms of your current plan or if it impacts the service quality for other customers. This decision is at MooCloud's discretion and is intended to ensure optimal service performance and availability for all users. You will be notified in advance of any mandatory upgrade, along with a detailed explanation and options for compliance.
12. Ownership and responsibility of content
You retain ownership of all content and data you store or process through our services. However, with ownership comes the responsibility to ensure that your content complies with all applicable laws and regulations. MooCloud is not responsible for the content you choose to store or disseminate through our services.
13. Data migration support for service termination
In the event of service termination, either by you or MooCloud, we will support your transition to another provider by providing a database dump, a file archive of your stored data, and an export from GitLab for any code hosted on our GitLab. This support is designed to facilitate a smooth migration process and ensure you have access to your data, adhering to our commitment to transparency and customer service.
14. Limitation of liability
Here at MooCloud, we’re committed to providing you with reliable and efficient cloud services. However, there are certain things we can't promise. Specifically, MooCloud isn't responsible for any harm that might come from using our services, the information or content provided by others that you might access through our services, or if someone gets into your account without your permission and messes with your data. Think of it as us saying, "We’ll do our best, but we can’t guarantee everything will be perfect all the time." So, if something does go wrong, we’re here to help within the scope of what we offer, but we can't be held financially responsible for any losses that weren't directly caused by us not sticking to our part of the deal.
15. Governing law
Our base of operations is in Switzerland, so the rules and regulations of Switzerland are what guide these Terms. This means if there’s ever a dispute or issue that needs sorting out legally, we’ll be doing it in accordance with Swiss law. It’s our way of making sure everything is clear and fair, based on a set of rules we all understand.
16. Changes to terms
The world of technology moves fast, and to keep up, sometimes we need to tweak these Terms. We promise to let you know when we make changes, and if you keep using MooCloud after those changes go live, it’ll mean you’re okay with the new setup. We’ll always aim to make changes that improve your experience and keep everything running smoothly.
17. Contact us
Got questions, concerns, or feedback about these Terms or anything else MooCloud-related? We’re all ears and here to help. Drop us a line at support@moocloud.com, and we’ll get back to you with the answers and assistance you need. Whether it’s a simple query or something more complex, we’re committed to making your MooCloud experience the best it can be.