TERMS AND CONDITIONS OF USE

These Terms and Conditions ("Terms") govern your access to and use of the Phala Cloud (Cloud.phala.network) website, platform, and related services ("Services"), which are operated by Hashforest Technology LLC, ("Company," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Services.

1. About Phala Cloud

Phala Cloud is a Trusted Execution Environment (TEE) cloud platform that provides secure and confidential computing infrastructure for businesses and developers seeking privacy-preserving computation.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and possess the legal right and ability to enter into binding agreements. You further represent that you are not barred from using the Services under any applicable laws. You agree that you will not use the Services for any illegal, unauthorized, or prohibited purpose, including but not limited to violating any laws, infringing intellectual property rights, or causing harm to others. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity and that such entity accepts full responsibility for compliance with these Terms.

3. License and Restrictions

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for lawful purposes. You agree not to:

1. Use the Services for any unlawful, infringing, harmful, or abusive purpose;
2. Attempt to reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to any source code, algorithms, architecture, or underlying structure of any part of the Services, including without limitation any software, databases, or systems used to provide the Services;
3. Access or use the Services to create a competing product or service;
4. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.

4. User Accounts

You may be required to register an account to use certain features. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. Notify us immediately of any unauthorized use.

5. Confidential Computing and Data

Data processed on Phala Cloud is encrypted and secured using TEE technology. We do not access user data stored within TEE. Users are solely responsible for the legality, security, and integrity of any data submitted to or processed through our Services.

6. Payments

Any purchases or paid Services are subject to applicable fees and billing terms. Payments are processed through third-party platforms. We are not responsible for any errors, data loss, or breaches caused by third-party processors.

7. Content Removal and Termination

7.1 Removal of Content

1. We reserve the right to remove or disable access at any time to any content submitted to or through the Services if such content:
   • Breaches these Terms, service-specific terms, or our policies;
   • Violates applicable law;
   • May cause harm to users, third parties, or Phala Cloud.
2. Examples of prohibited content include but are not limited to: child sexual abuse material, content that facilitates human trafficking or harassment, terrorist-related materials, and content that infringes on the intellectual property rights of others.

7.2 Suspension or Termination of Access

1. Without limiting any of our other rights, we may suspend or terminate your access to the Services, or delete your account, without notice, if:
   • You materially or repeatedly breach these Terms, any service-specific additional terms, or applicable policies;
   • We are required to do so by law or pursuant to a court order;
   • Your conduct causes harm or liability to a user, third party, or Phala Cloud. Examples include but are not limited to phishing, harassment, spamming, misleading conduct, or scraping content you do not own.
2. If you believe your account was suspended or terminated in error, you may appeal by contacting us at cloud@phala.network.

7.3 Voluntary Termination

You are free to stop using the Services at any time. While we are not obligated to ask for feedback, we appreciate hearing from users and may use such feedback to improve our Services.

8. Intellectual Property

All intellectual property rights in the Services, including content, trademarks, and software, belong to Phala Cloud or its licensors. You may not use our branding, trade dress, or proprietary materials without express written permission.

9. Disclaimer of Warranties

We built our reputation on providing useful, reliable services like Phala Cloud, and we are continuously improving our Services to meet your needs. However, for legal purposes, we offer our Services without warranties unless explicitly stated in any service-specific additional terms.

1. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
2. DO NOT RELY ON THE SERVICES FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY CONTENT REGARDING THOSE TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.

10. Limitation of Liability

These Terms and applicable law seek to fairly allocate responsibility between you and Phala Cloud in the event of a dispute or issue. While certain liabilities may not be limited by law, others may be restricted under these Terms.

1. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE EXTENT PERMITTED BY APPLICABLE LAW:
   • Phala Cloud shall only be liable for breaches of these Terms or applicable service-specific additional terms;
   • Phala Cloud shall not be liable for:
     • Loss of profits, revenues, business opportunities, goodwill, or anticipated savings;
     • Indirect, incidental, special, punitive, or consequential damages;
     • Damages resulting from your reliance on the Services for legal, medical, financial, or other professional advice.
2. Phala Cloud's total liability for any claim arising out of or relating to these Terms shall be limited to the greater of: (1) five hundred dollars (USD $500), or (2) the total fees you paid to Phala Cloud for the Services during the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Phala Cloud, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

1. Your use of and access to the Services;
2. Your violation of any term of these Terms;
3. Your violation of any third-party right, including without limitation any intellectual property, privacy, or contractual right.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. Any disputes shall first be submitted to good faith negotiation. If not resolved within thirty (30) days, the dispute shall proceed to mediation under JAMS, followed by binding arbitration in San Francisco, California if unresolved. Each party shall bear its own legal costs.

13. Force Majeure

Phala Cloud shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, cyberattacks, government regulations, labor disputes, or natural disasters.

14. Modifications

We may revise these Terms at any time. If changes are material, we will provide notice through reasonable means. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at cloud@phala.network.