Last Updated: 12 February 2024
Effective Date: 12 February 2024
You can see our previous version here.
This website is operated by RunCloud Sdn Bhd. Throughout the site, the terms "we", "us", "RunCloud", and "our" refer to RunCloud Sdn Bhd. RunCloud Sdn Bhd offers this website, including all information, tools, and services available from this site, to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing any product or service from us, you will be considered to be immediately engaged in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"). Our Acceptable Use Policy ("AUP") governs your use of our Service in detail, and by using our Service, you agree to abide by all of the policies in our AUP. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to us that you have the authority to bind that organisation to these Terms (in which event, "you" and "your" will refer to that organisation).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any service offered by RunCloud. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please note that RunCloud doesn't provide warranties for the Services. This contract also limits our liability to you.
Description of Service
RunCloud is a server management and cloud infrastructure platform (SaaS) built to handle backups, staging, atomic deployments, and more – everything you need to run your own production-grade infrastructure in one place.
RunCloud empowers you to seamlessly manage your cloud infrastructure by acting as an orchestration layer, not a traditional hosting service. This means:
You retain full control and responsibility for your servers: Your servers reside within your chosen cloud provider’s environment and remain subject to their respective terms of service (TOS). Any server termination resulting from a violation of those TOS, including content or usage restrictions, would solely fall under the purview of the cloud provider. RunCloud assumes no responsibility for such actions.
RunCloud facilitates management, but with defined limitations: To fulfill its functionalities, RunCloud installs a proprietary agent onto your servers. This agent operates within the strict confines of our Terms of Service (TOS) and facilitates deployment, management, and other functionalities within the RunCloud platform. It is crucial to understand that:
- The agent itself is not subject to the cloud provider’s TOS, but its activities must comply with them.
- Your use of the agent is governed by our TOS, which establishes acceptable use limitations and defines potential consequences for violations.
In essence:
- You are the owner and operator of your servers, bound by the cloud provider’s TOS.
- RunCloud assists in its management through its agent, but both the agent and your use of it are subject to our TOS.
Server Security
The Subscriber is solely responsible for maintaining the security of the Subscriber's servers that are created via the RunCloud service. RunCloud shall have no liability for any security breaches or data breaches and does not guarantee the security of the Subscriber's servers, even if those servers were initially created and provisioned by RunCloud. We follow strict, industry-leading security measures to manage servers. We will NEVER access your server without your explicit request for us to do so. If your server needs manual intervention from us, you must request our help and give us your permission to access your server before we will be able to assist you.
Backup
The Subscriber is solely responsible for the preservation of all data which the Subscriber saves onto its server (the "Data"). RunCloud shall have no liability for any Data that may be lost.
Fees for Services
You agree to pay RunCloud any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the payment method you select through your billing page. You agree that payments you make either by subscription, credit top-up, or by any other means are non-refundable, subject to our Refund Policy.
Subscriptions
RunCloud Services are billed on a subscription basis (we call these "Subscriptions"). You will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are monthly or yearly, and your Subscription will automatically renew at the end of each billing cycle unless you cancel the auto-renewal through your billing page. You may cancel the auto-renewal of your Subscription at any time, which will cause your Subscription to stop at the end of your next billing date.
Payment Processing
Effective February 2024, RunCloud now incorporates Paddle as a secure payment processor alongside Stripe.
Paddle is the Merchant of Record (MOR) for your RunCloud subscription, handling payment transactions, sales tax collection, fraud prevention, compliance and billing support.
Transactions made through Paddle are subject to Paddle’s Checkout Buyer Terms and Conditions, which govern your use of their payment processing services. These terms are separate from RunCloud’s Terms of Service, and RunCloud encourages you to review them carefully.
Free Trials
New sign-ups will be required to add a working payment method in order to benefit from the 7-day Free Trial during the sign-up process. The Trial plan made available to you will be the Server Management plan of your choice.
Extension
If you need more time to explore our product, please get in touch with our support team regarding the Trial extension before the Trial period ends. Extension requests after the end of the Trial period or Trial cancellation will not be considered. You can continue using our service by subscribing, worry-free, with our 14-day, no-questions refund policy for first-time users.
Cancellation of Trial
You may cancel the Trial at any time through our dashboard. Upon cancellation, your account will be downgraded to the Free Server Management Plan, and will become subject to its limitation.
Subscription Starts
If you don't cancel the Trial before the 7th day, you'll be charged in full on the 8th day, according to the Server Management plan you chose at the beginning of the Trial plan. This date will be the start date of your billing cycle.
Payment Method
By providing the payment information to our system, you authorize us to charge you the subscription fee following the completion of the trial period unless the Trial is cancelled or a trial extension is approved. The payment method provided during the sign-up process (e.g., credit card details) will be only used for billing purposes. Users are responsible for ensuring their payment details are accurate and up to date.
Failed Payments and Outstanding Account Balances
In the event that a payment fails during the renewal process, our integrated payment system will initiate multiple payment attempts within a grace period of 10 days. Additionally, our system will promptly send reminders for manual intervention.
Should the outstanding balance remain unresolved after a total of 10 days, the account status will be updated to Free, and the outstanding balance will stop accumulating.
In the event of unsettled account balances, the following consequences will take effect:
Web Application Downtime:
The proprietary RunCloud Agent, which manages Nginx/OLS services, will be deactivated on any account with outstanding payments. As a result, web application downtime will begin on the 11th day following the grace period.
SSL Renewal Disabling:
SSL certificate renewal will be disabled after the conclusion of the grace period.
Backup Operations Paused:
All backup operations will be temporarily paused when the account is locked following the grace period. Any backup snapshots will be retained up to their retention time, after which they will be deleted.
Account Suspension:
If an account remains inactive for 90 days without activation and renewal, it may be subject to deletion to ensure compliance with data privacy regulations.
Any payments made beyond the grace period will trigger the initiation of a new billing cycle. This new cycle will include the accrued outstanding balance for the active days until the deactivation of the RunCloud Agent. Once deactivation occurs, all services will cease, and the account will be scheduled for eventual removal.
It is important to note that the server itself will not be erased from your cloud provider of choice. However, the proprietary RunCloud agent that is installed when a server is connected to RunCloud – responsible for running NGINX, enabling backups, and more – will be disabled. The result is that your web applications and servers will be affected as, for example, SSL certificates will not renew, and the RunCloud agent will not ensure that NGINX is up & running. Simply put, all aspects of operating your cloud infrastructure, which RunCloud is responsible for, will no longer function and can no longer be guaranteed in the way it would for regular, paying, and active customers if you choose to disconnect your cloud provider or discontinue your service.
Change of Plan
The RunCloud subscription model has changed to the single plan subscription as of August 2022.
You may change your plan at any time within the billing cycle. Changing any plan to a higher or lower plan may incur a cost. Upon the successful change of plan, the new subscription fees become immediately applicable, and the default payment method will be charged after deducting the available credit balance from your account. The new billing cycle date will be the date of the successful plan change.If the change is from a higher plan to a lower plan, the balance will be credited to the credit balance, if any, and subject to our Refund Policy.
Adding any other services to the subscription, e.g., Backup Storage, will be prorated according to the active billing cycle, and will not affect the billing cycle date.
Cancellation of Subscription
You may cancel your subscription at any time for any reason. If you cancel a subscription, you may use the Service until the end of your billing cycle. Upon cancellation, the auto-renewal will be revoked, and you will no longer be charged. Should you change your mind, you may resume the subscription at any time prior to the end date of the billing cycle, in which case auto-renewal will be restored to active. Downgrading or cancelling your subscription may cause a loss of content, features, or capacity of the Service available to you, and RunCloud does not accept any liability for such loss.
Server Management Plan
If you cancel the subscription, you will be downgraded to the Free Server Management plan automatically after the end of your billing cycle, and obliged to its terms and conditions.
Free Server Management Plan Terms and Conditions
This plan is a temporary plan. If your plan has been downgraded to the Free Server Management plan for any reason, once the trial ends you will be obliged by the terms and conditions below.
Accounts with the Free Server Management Plan will be deleted after 90 days. Any servers connected to this account will remain locked, and will be removed from our system after 90 days.
Exception to the clause: If the account with this plan is invited as a Team Member, the account deletion process will be revoked, and the user will only be able to access the server shared by the Team account owner.
If the account is then removed from the Team, the 90-day deletion countdown will start again.
Backup Storage
At the end of the billing cycle, the Backup feature will be disabled immediately, and no further backup will be created after the billing cycle ends. Creating a new Backup will be subject to the Backup Storage provided with the Server Management plan.
Cancellation of Subscription with Active/Online Server:
In the event that a user decides to cancel their subscription while maintaining an active and online server, similar consequences will apply, as outlined in the "Failed Payments and Outstanding Account Balances" section:
Web Application Downtime:
The proprietary RunCloud Agent, managing Nginx/OLS services, will be promptly deactivated.
Web application downtime will commence immediately following the subscription cancellation.
SSL Renewal Disabling & Revoking:
SSL certificate renewal services will be disabled immediately after the cancellation.
Active SSL certificates associated with the account will be revoked upon subscription cancellation.
Backup Operations Paused:
All backup operations will be temporarily suspended.
Existing backup snapshots will be retained up to their retention time, after which they will be subject to deletion.
Account Suspension:
If the account remains inactive for 90 days following subscription cancellation without reactivation or renewal, it may be subject to deletion in accordance with data privacy regulations.
It is crucial to note that, similar to the "Failed Payments and Outstanding Account Balances" consequences, while these measures result in the withdrawal of our services, the server itself will not be erased. If the server was previously configured through our control panel but now operates independently and remains detached from our control panel, service disruption will still be experienced.
Additionally, any payments made beyond the subscription cancellation will initiate a new billing cycle, encompassing the accrued outstanding balance until the deactivation of the RunCloud Agent. Upon deactivation, all services will cease, and the account will be scheduled for eventual removal.
This information is provided to ensure transparency and clarity regarding the implications of canceling a subscription with an active/online server.
Price Changes
RunCloud may change the fees charged for the Services at any time. However, for Services billed on a subscription basis, the change will become effective only at the end of the then current billing cycle of your Subscription. RunCloud will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
SUSPENSION AND TERMINATION OF USE OF THE SERVICE
RunCloud may terminate your Subscription at the end of a billing cycle by providing at least 30 days' prior written notice to you. RunCloud may terminate your Subscription for any reason by providing at least 90 days' written notice to you.
RunCloud may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavour to give you advance notice and an opportunity to export a copy of your Data from that Service.
NO WARRANTY
RUNCLOUD PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNCLOUD MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation Of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF RUNCLOUD HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT RUNCLOUD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST RUNCLOUD ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF RUNCLOUD'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICES.
Changes and Updates
RunCloud may change these Terms at any time for any reason, including to reflect changes in applicable law, or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the RunCloud website.
If an amendment is material, as determined in RunCloud sole discretion, RunCloud will notify you by email. Notice of amendments may also be posted to the RunCloud blog, or displayed upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require RunCloud to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, otherwise by continuing to use the Services you indicate your agreement to be bound by the updated terms.
RunCloud constantly changes and improves the Services. RunCloud may add, alter, or remove functionality from a Service at any time without prior notice. RunCloud may also limit, suspend, or discontinue a Service at its discretion. If RunCloud discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to prepare and export a copy of your Data from that Service. RunCloud may remove content from the Services at any time at our sole discretion, although we will endeavour to notify you before we take any action that is likely to materially impact you if practicable under the circumstances.