Terms of Service

Effective date: March 1, 2025

1. Acceptance of Terms

By accessing or using any services provided by Quazzar Cloud ("we," "us," or "our"), including the Quazzar Cloud website (quazzar.cloud), the Quazzar Cloud OS software, and the Quazzar Cloud Control Center (cp.quazzar.cloud), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use our services. We recommend that you also review our Privacy Policy, which describes how we handle your information.

2. Description of Service

Quazzar Cloud consists of two primary components: Quazzar Cloud OS: A self-hosted cloud operating system that you install and operate on your own servers. Cloud OS provides Docker orchestration, application management with 117+ app templates, AI Hub (Ollama integration), real-time monitoring, automated backups, SSL/TLS certificate management, VPN (WireGuard), a plugin system, and related server management capabilities. Cloud OS runs entirely on your infrastructure and under your control. Quazzar Cloud Control Center: A centralized cloud-hosted service operated by Quazzar Cloud at cp.quazzar.cloud. The Control Center provides multi-server fleet management, multi-tenancy, billing and licensing management, high-availability clustering, managed hosting provisioning, GraphQL API access, and SDK support. The Control Center is a subscription-based service governed by the plan you select. The availability, features, and limitations of each component may vary depending on your subscription tier (Self-Hosted Free, Cloud Pro, Cloud Business, or Enterprise).

3. Account Registration

To access certain features of the Control Center and paid plans, you must create an account. When registering, you agree to: - Provide accurate, current, and complete information - Maintain and promptly update your account information - Keep your password secure and confidential - Accept responsibility for all activities that occur under your account - Notify us immediately at [email protected] if you suspect unauthorized access to your account You must be at least 16 years of age to create an account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Self-Hosted Software License

Subject to these Terms, Quazzar Cloud grants you a non-exclusive, non-transferable, revocable license to install, use, and run Quazzar Cloud OS on servers that you own or control. The Self-Hosted Free tier includes the full Cloud OS feature set at no cost. You may use it for personal, commercial, or organizational purposes without paying a license fee. You may not: - Reverse-engineer, decompile, or disassemble the Cloud OS software, except as permitted by applicable law - Remove, alter, or obscure any proprietary notices, labels, or marks in the software - Redistribute, sublicense, or resell the Cloud OS software as a standalone product - Use the software to create a competing product or service that replicates the core functionality of Quazzar Cloud OS or the Control Center Quazzar Cloud retains all ownership rights in the Cloud OS software. This license does not constitute a sale of any intellectual property.

5. Acceptable Use

You agree to use our services in compliance with all applicable laws and regulations. You shall not: - Use our services to store, transmit, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable - Attempt to gain unauthorized access to any part of our services, other accounts, computer systems, or networks - Interfere with or disrupt the integrity or performance of our services or the data contained therein - Use our services to distribute malware, viruses, or any other harmful code - Use our services for cryptocurrency mining unless on your own self-hosted infrastructure - Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure - Use automated means (bots, scrapers, crawlers) to access our services without our prior written consent - Resell access to the Control Center without entering into a formal MSP or partner agreement with Quazzar Cloud Violation of these acceptable use policies may result in immediate suspension or termination of your account.

6. Data Ownership

Self-Hosted Cloud OS: You retain full ownership of all data, content, configurations, applications, databases, files, backups, and any other information stored on your self-hosted Cloud OS instances. Quazzar Cloud claims no ownership, license, or interest in your self-hosted data. You are solely responsible for the security, integrity, backup, and legal compliance of data on your servers. Control Center: You retain ownership of your content and data stored within the Control Center. By using the Control Center, you grant Quazzar Cloud a limited license to access, process, and display your data solely as necessary to provide the Control Center services. This license terminates when you terminate your subscription. Server Metadata: When you connect Cloud OS instances to the Control Center, server metadata (such as hostnames, IP addresses, resource metrics, and status information) is transmitted to and stored by the Control Center. This metadata is used exclusively to provide fleet management functionality and is subject to our Privacy Policy.

7. Subscriptions and Billing

Paid Plans: The Control Center is available under the following subscription tiers: Cloud Pro ($29/month), Cloud Business ($79/month), and Enterprise (custom pricing). Annual billing is available at a discounted rate. All prices are in USD unless otherwise stated. Payment Processing: All payments are processed through Stripe. By subscribing to a paid plan, you agree to Stripe's terms of service and authorize us to charge your designated payment method on a recurring basis. Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis depending on your selection. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. Cancellation: You may cancel your subscription at any time through the Control Center or by contacting [email protected]. Upon cancellation, your subscription will remain active until the end of the current billing period. No prorated refunds are issued for partial billing periods. Price Changes: We may adjust subscription pricing with at least 30 days' written notice. Price changes will take effect at the start of your next billing cycle following the notice period. Failed Payments: If a payment fails, we will attempt to charge your payment method up to 3 times over a 10-day period. If all attempts fail, your subscription may be suspended until payment is resolved. Taxes: You are responsible for all applicable taxes. Prices displayed do not include taxes unless otherwise specified.

8. Service Level Agreement

Control Center Availability: For Cloud Pro and Cloud Business subscribers, Quazzar Cloud targets 99.5% uptime for the Control Center, measured monthly. For Enterprise subscribers with a signed SLA, Quazzar Cloud commits to 99.9% uptime. Self-Hosted Cloud OS: As a self-hosted product, Cloud OS uptime is under your control and is not covered by any SLA from Quazzar Cloud. We provide the software, but you are responsible for the availability and performance of your own infrastructure. Scheduled Maintenance: We will provide at least 24 hours' notice before scheduled maintenance that may affect Control Center availability. Scheduled maintenance windows are excluded from uptime calculations. Service Credits: If the Control Center fails to meet the applicable uptime commitment in a given month, eligible subscribers may request a service credit equal to 5% of their monthly fee for each 0.1% below the target, up to a maximum credit of 30% of the monthly fee. Credit requests must be submitted within 30 days of the affected period. Exclusions: Uptime guarantees do not apply to downtime caused by force majeure events, your equipment or third-party services, scheduled maintenance, or circumstances beyond our reasonable control.

9. Intellectual Property

All intellectual property rights in Quazzar Cloud OS, the Control Center, the website, documentation, APIs, SDKs, trademarks, logos, and related materials are and remain the exclusive property of Quazzar Cloud or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited license expressly set forth herein. Feedback: If you provide suggestions, ideas, or feedback regarding our services, you grant Quazzar Cloud a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our products and services without obligation to you. Open-Source Components: Quazzar Cloud OS may include open-source software components, each governed by its respective open-source license. A list of open-source components and their licenses is available in the software documentation. In the event of a conflict between these Terms and an applicable open-source license, the open-source license will prevail with respect to that component.

10. Privacy

Your use of our services is subject to our Privacy Policy, available at https://quazzar.cloud/privacy. The Privacy Policy describes how we collect, use, and protect your information, and it is incorporated into these Terms by reference. For self-hosted Cloud OS installations, Quazzar Cloud does not access, collect, or process any data on your servers. You are solely responsible for compliance with applicable data protection laws with respect to data processed by your self-hosted instances.

11. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QUAZZAR SPACE DOES NOT WARRANT THAT: - OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE - THE RESULTS OBTAINED FROM USING OUR SERVICES WILL BE ACCURATE OR RELIABLE - ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED - THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS YOU ACKNOWLEDGE THAT THE SELF-HOSTED CLOUD OS RUNS ON YOUR OWN INFRASTRUCTURE AND THAT QUAZZAR SPACE IS NOT RESPONSIBLE FOR THE RELIABILITY, SECURITY, OR PERFORMANCE OF YOUR HARDWARE, NETWORK, OR OPERATING ENVIRONMENT. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUAZZAR SPACE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES 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, ARISING OUT OF OR IN CONNECTION WITH: - YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES - ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES - ANY DATA OR CONTENT OBTAINED FROM OUR SERVICES - UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO QUAZZAR SPACE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT QUAZZAR SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Quazzar Cloud and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: - Your access to or use of our services - Your violation of these Terms - Your violation of any applicable law or regulation - Your violation of any third-party rights, including intellectual property or privacy rights - Any content or data you store, process, or transmit through your self-hosted Cloud OS instances or the Control Center This indemnification obligation will survive the termination of these Terms and your use of our services.

14. Termination

By You: You may terminate your account at any time by contacting [email protected] or through the Control Center settings. For paid subscriptions, your access will continue until the end of the current billing period. By Us: We may suspend or terminate your account and access to our services immediately, without prior notice, if: - You materially breach these Terms - You fail to pay subscription fees after reasonable notice - Your use of our services poses a security risk or may adversely affect other users - We are required to do so by law Upon Termination: - Your right to access the Control Center will cease immediately (or at the end of your billing period for voluntary cancellation) - We will retain your data for 30 days following termination to allow for data export, after which it will be permanently deleted - Your license to use the self-hosted Cloud OS software continues to the extent permitted by the applicable license for the free tier - Sections of these Terms that by their nature should survive termination will remain in effect, including Sections 6, 9, 11, 12, 13, 15, and 16

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the courts of British Columbia, Canada, and you consent to the personal jurisdiction and venue of such courts. Notwithstanding the foregoing, Quazzar Cloud may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

16. Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will endeavor to resolve the dispute within 30 days of receiving your notice. If the dispute cannot be resolved informally, either party may pursue resolution through the courts of British Columbia as described in Section 15. Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will: - Update the "Effective date" at the top of these Terms - Post a notice on our website - Send an email notification to registered users at least 15 days before the changes take effect Your continued use of our services after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of our services before the changes take effect. For Enterprise customers with executed agreements, modifications to these Terms will not override the specific provisions of your Enterprise agreement.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Enterprise agreements or order forms, constitute the entire agreement between you and Quazzar Cloud with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our services. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Contact

If you have any questions or concerns about these Terms of Service, please contact us: Quazzar Cloud British Columbia, Canada Email: [email protected] Website: https://quazzar.cloud We aim to respond to all inquiries within 5 business days.