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This document applies to Quome Studio. Using Quome Enterprise? See its documents.

QUOME, INC. — TERMS OF SERVICE (QUOME CLOUD)

Last Modified: November 9, 2026
Approved: November 5, 2026, 12:32 AM PST
Document ID: QUOME-LEGAL-TOS-CLOUD-001
Version: 1.1

These Terms of Service (these "TOS") describe the terms and conditions by which you may access and/or use the website(s), including quome.cloud and quome.com and any successor URL(s), and any and all related software, documentation, APIs, command-line tools, and online, mobile-enabled, and/or digital services (collectively, the "Service") provided by Quome, Inc. (including its successors and assigns, "Quome," "we," "our," or "us").

These TOS govern Quome Cloud, the edition of the Service in which Quome owns and operates the physical infrastructure and many customers share that infrastructure. Quome Enterprise, in which Quome provisions dedicated infrastructure in a customer's own cloud account, is governed by separate terms. If you are not sure which edition you are using: if you reached the Service through quome.cloud and did not sign a separate order form, you are using Quome Cloud.

Additional Service-specific terms apply to some of the Services we offer ("Additional Terms"). The combination of these TOS and any applicable Additional Terms are referred to collectively as these "Terms". In the event of any conflict between these TOS and any Additional Terms, the Additional Terms shall prevail with respect to the subject matter to which the Additional Terms apply.

By accessing and/or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice, as further described in Section 9.1 (Privacy). We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, "Users," and, as applicable to you, "you" or "your").

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 15.2 (THE "ARBITRATION AGREEMENT") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 15.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. How We Administer the Service

1.1 Eligibility

This is a contract between you and Quome. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations ("Applicable Law"). The Service is not available to any Users we previously removed from the Service.

Without limiting the generality of the foregoing, any access to, or use of, the Service by anyone who is a minor (which is under the age of 18 in most jurisdictions) in any applicable jurisdiction (a "Minor") is strictly prohibited and in violation of these Terms, unless such access and/or use is supervised by a parent or legal guardian ("Parent") who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by the Minor hereunder; and (c) agrees to be bound by these Terms. If you are a Parent of a User who is a Minor, then, by allowing such Minor to access and/or use the Service, you are subject to these Terms and responsible for such Minor's activity on the Service.

1.2 Access by Invitation

During some periods we may limit who can create a User Account, for example to invited email addresses or domains. A request to sign up that we do not accept creates no User Account and no obligation on our part.

2. User Accounts

2.1 Your User Account

Your account on the Service (your "User Account") gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. You acknowledge that, notwithstanding anything to the contrary herein, you do not own your User Account, nor do you possess any rights to data stored by or on behalf of Quome on the servers running the Service (other than the rights in your User Content described in Section 4). We may maintain different types of User Accounts for different types of Users.

2.2 Organizational Accounts

An individual may access and/or use the Service on behalf of a company or other entity, such as that individual's employer (such entity, an "Organization"). Within the Service, an Organization is represented by an organization that one or more Users belong to. In such cases, notwithstanding anything to the contrary herein:

(a) these Terms are an agreement between (i) us and such individual and (ii) us and that Organization;

(b) such individual represents and warrants to having the authority to bind that Organization to these Terms (and, in the absence of such authority, such individual may not access, nor use, the Service);

(c) such individual's acceptance of these Terms will bind that Organization to these Terms;

(d) we may disclose information regarding such individual and such individual's access to and use of the Service to that Organization;

(e) such individual's right to access and use the Service may be suspended or terminated (and the administration of the applicable User Account may be transferred) if such individual ceases to be associated with, or ceases to use an email address associated with or provisioned by, that Organization;

(f) that Organization will make all organizational users ("Org Users") aware of these Terms' provisions and will cause each Org User to comply with such provisions; and

(g) that Organization will be solely responsible and liable for all acts and omissions of the Org Users, including Org Users it invites and the agents (Section 3.5) its Org Users connect.

2.3 Connecting Via Third-Party Services

By connecting to the Service via a third-party service (such as Google or GitHub), you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service. By linking a third-party developer-tool account (such as an Anthropic, OpenAI, or Google account used by a coding agent) to your User Account, you authorize us to store the resulting credential in our secrets manager and to make it available inside the sandboxes you start, as further described in Section 3.5.

2.4 Account Security

You may never use another User's User Account without such User's permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account passkeys, passwords, one-time codes, API keys, and/or any other authentication credentials secure, and you will not share your authentication credentials with anyone else. We encourage you to use passkeys and to enable multi-factor authentication (MFA) to protect your User Account. Certain sensitive actions (such as revealing a stored secret value) require a recent sign-in, and we may require you to sign in again before performing them.

Any Org User with owner- or administrator-level access to your Organization can modify your Organization's settings, members, resources, and billing information. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your Organization, including changes made by any Org User with owner- or administrator-level access. You will notify us immediately of any breach of security or unauthorized use of your User Account.

2.5 Account Settings

You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you marketing communications and product updates ("Marketing Emails"). If you do not want to receive Marketing Emails, you may opt out by contacting us at legal@quome.com or by clicking the "unsubscribe" link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.

2.6 Changes, Suspension, and Termination

You may de-activate your User Account at any time. We may, with or without prior notice, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account, your Organization's resources, and/or the Service without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of these Terms, your Organization's balance is exhausted or its spending cap is reached (Section 8), or your workloads threaten the stability or security of the shared infrastructure (Section 3.2). Upon their termination for any reason or no reason, you continue to be bound by these Terms. The effect of termination on your User Content is described in Section 4.6.

2.7 Your Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER'S ACTION OR INACTION, INCLUDING RELATING TO USER CONTENT (AS DEFINED BELOW).

2.8 Record of Acceptance

When you accept these Terms and acknowledge the Privacy Notice in the Service, we record the version you accepted, the time, the IP address and browser from which you accepted, and the context (for example, first sign-in). We keep that record as evidence of your agreement. When we publish a new version that requires re-acceptance, the Service will ask you to accept it again before you continue.

3. Access to the Service; Service Restrictions

3.1 Access to the Service

Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as applicable, strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Certain portions of the Service may be available only while your Organization has a positive credit balance or a valid payment method on file, as further described in Section 8.

3.2 Quome-Operated Infrastructure; Shared Tenancy

Quome Cloud runs on physical servers that Quome owns and operates (or, where you choose, on hardware you enroll under Section 3.3). Unlike a public-cloud provider, there is no third-party cloud account underneath the Service: the computers, storage, and network that run your workloads are ours, located in facilities we control or lease in the United States. Under this model:

(a) Shared hardware, isolated instances. Many Organizations' workloads run on the same physical servers. Each application replica, sandbox, database, cache, and build you create runs in its own virtual machine with its own identity, its own leased credentials, its own egress policy, and its own encrypted disk volume. Workloads of different Organizations never share a virtual machine.

(b) No right to particular hardware. Except where you have purchased dedicated placement (Section 3.2(g)), you have no right to any particular physical server, and we may schedule, move, pause, snapshot, resume, or re-create your instances on any server in the region you selected for maintenance, capacity, failover, security, or other operational reasons. Instances are re-created from their disk volumes and snapshots; a running instance's memory is not preserved across such moves.

(c) Regions. You select a region for each Organization. We place that Organization's workloads and their disk volumes within that region. Control-plane data (resource names, configuration, deployment status, billing records, audit records, identity records) and object-storage buckets may be replicated across our United States sites for durability and availability. We may add, retire, or change regions, and we will give reasonable notice before retiring a region you use.

(d) No hypervisor or host access. You receive access inside your virtual machines only. You will not attempt to access, inspect, or interfere with the host operating system, the hypervisor, other Users' virtual machines, the node agent, or any Quome-operated service that is not exposed to you by the features of the Service.

(e) Isolation is a security control, not a guarantee. We use hardware virtualization to separate workloads, and we rotate platform-held keys and avoid re-placing a sandbox beside the same neighbor it had before. However, you acknowledge that no isolation technology prevents every possible escape or side-channel vector, that processors have had published micro-architectural side channels, and that you should not rely solely on our isolation for compliance with any security regulation. If your workload requires that no other customer's code ever execute on the same processor, purchase dedicated placement or use Quome Enterprise.

(f) Capacity, fair use, and limits. Memory, CPU, disk, network bandwidth, number of instances, and other resources are subject to the limits shown in the Service, which we may change. We may throttle, pause, or terminate workloads that impair the stability, performance, or security of the shared infrastructure or that exceed their limits.

(g) Dedicated placement. Where offered, you may pay for a physical server to be reserved for your Organization alone. Dedicated placement reserves the server for your workloads; it does not give you physical access, host access, or any ownership interest in the server.

(h) Maintenance. We may perform scheduled and emergency maintenance. We will try to give notice of scheduled maintenance that will interrupt your workloads, but we are not obligated to do so for emergency maintenance.

3.3 Bring Your Own Device

Where offered, you may enroll a computer you own or control (a "Device") as a node that runs your Organization's workloads. If you do:

(a) you grant us the right to install, run, update, and remove our node software on the Device, to open the network connections it needs, and to schedule your Organization's workloads on it;

(b) you are solely responsible for the Device's hardware, operating system, power, physical security, network connectivity, and any costs they incur, and for complying with any terms of the Device's manufacturer and of the network it uses;

(c) workloads placed on your Device are stored on your Device, and you are responsible for their physical protection; if the Device goes offline, we may fail its applications, databases, and caches over to our infrastructure from their latest snapshots (and sandboxes on it will pause), and such failover may lose data written after the last snapshot;

(d) you will not use a Device to inspect, interfere with, or extract any Quome software, platform credentials, or other Users' data; and

(e) we may disable a Device, remove it from the fleet, or refuse to place workloads on it at any time.

3.4 Community Hardware

Where offered, a Device owner may opt a Device's spare capacity into a region's community pool, and an Organization may opt its sandboxes and stateless applications into running on community hardware at a lower price. If you participate as a host: you agree not to inspect, record, copy, interfere with, or disclose the memory, storage, or network traffic of any workload placed on your Device, and you acknowledge that we cryptographically verify the integrity of the workloads we place and record evidence of tampering. If you participate as a tenant: you acknowledge that the owner of the Device your workload runs on controls that Device's hypervisor and could, in breach of these Terms, read your workload's memory, and that confidentiality of data in use is therefore not guaranteed on community hardware. Secrets you bind to a workload are released to it only from our infrastructure, and transit to and from community hardware is encrypted; nonetheless, do not place sensitive data on community hardware. Databases, caches, and secret stores are never placed on community hardware.

3.5 Sandboxes, Agents, and Linked Developer-Tool Accounts

(a) Sandboxes are development environments with a browser terminal, file access, and preview URLs. Code you run in a sandbox runs under your authority. Sandboxes may reach the Internet only through the egress rules shown in the Service.

(b) Agents. You may connect software agents (for example, a coding assistant on your computer, or one running inside a sandbox) to act in your Organization on your behalf under a delegation you approve. Every action an agent takes is attributed to the agent and to you, and you are responsible for it as if you had taken it yourself. You may revoke a delegation at any time.

(c) Linked developer-tool accounts. Coding agents in sandboxes (such as Claude Code, Codex, or similar tools) talk to their vendor using an account you hold with that vendor. We do not hold such accounts on your behalf. Your use of a linked account is governed by that vendor's terms and privacy policy, your prompts and code sent through it go to that vendor and not to us, and you are responsible for the fees and the conduct of any such account. We store the credential you link in our secrets manager and make it available only inside your own sandboxes.

3.6 Inbound Email Addresses

The Service may let you create email addresses for receiving mail into an agent or sandbox (for example, to complete a sign-up or receive a verification code during testing). Such addresses are for testing and automation within the Service, not for personal or business correspondence. Mail received at them is scanned for malware, may be dropped or quarantined, is retained only for a limited period described in the Privacy Notice, and is available to the members of the Organization that created the address. You will not use inbound addresses to receive mail that you are not entitled to receive, to evade another service's terms, or to receive regulated data.

3.7 Restrictions and Acceptable Use

Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:

(a) disassemble, reverse engineer, decode, or decompile any part of the Service;

(b) use any automated means to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional web browser (except that Quome grants the operators of public search engines revocable permission to use spiders to copy publicly available materials for creating publicly available searchable indices, and except for use of the documented API and command-line tools within their rate limits);

(c) use any content available on or via the Service for any machine learning and/or artificial intelligence training or development purposes without our prior written consent;

(d) buy, sell, or transfer API keys, agent credentials, or trial credits without our prior written consent;

(e) copy, rent, lease, sell, loan, transfer, assign, license, or purport to sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our Intellectual Property;

(f) use the Service in any manner that impacts the stability, operation, or performance of the Service, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

(g) attempt to escape a virtual machine, access the host or hypervisor, access or interfere with another User's virtual machine, volume, bucket, secret, or traffic, or conduct side-channel, timing, speculative-execution, or similar attacks against the shared infrastructure or its other tenants;

(h) mine, stake, or otherwise generate cryptocurrency, run proxy, VPN-exit, Tor-relay, or similar relay services for third parties, send unsolicited bulk email, or run denial-of-service, port-scanning, credential-stuffing, or other attack tooling against any system you do not own or have written permission to test;

(i) use the Service in any manner or for any purpose that violates Applicable Law, infringes third-party rights, is fraudulent, deceptive, or defamatory, or promotes hatred, violence, or harm;

(j) use or display the Service in competition with us, to develop competing products or services, or for benchmarking or competitive analysis published without our consent;

(k) bypass measures we use to prevent or restrict access to the Service, including egress policies, rate limits, spending caps, signup restrictions, and the web application firewall;

(l) attempt to interfere with or compromise the system integrity or security of the Service;

(m) use the Service to transmit spam, chain letters, viruses, or other harmful components;

(n) impersonate another person or entity or misrepresent your affiliation;

(o) collect or harvest personal information from the Service or from other Users;

(p) store or process Protected Health Information, cardholder data subject to PCI DSS, or information a governmental body deems classified on the Service (see Section 9.3); or

(q) identify or refer to us in a manner that could reasonably imply endorsement, affiliation, or sponsorship without our prior express written consent.

We may investigate suspected violations, and we may suspend, throttle, or terminate workloads or accounts involved in them, with or without notice.

4. User Content; Grants, Representations, and Warranties

4.1 Ownership of User Content

As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through the Service ("User Content"), including the contents of your applications, sandboxes, databases, caches, buckets, volumes, snapshots, secrets, source code, build artifacts, and inbound email. For an Organization's account, we may assume that all User Content belongs to that Organization.

4.2 User Content License

You hereby grant to us, under all of your Intellectual Property Rights, a non-exclusive, transferable (only to a successor under Section 18.1), sublicensable (only to the subprocessors we use to provide the Service), fully paid, royalty-free, and worldwide right and license to host, store, copy, transmit, back up, display, and otherwise process your User Content solely: (i) to maintain and provide the Service to you and your Organization; (ii) to secure the Service, prevent and investigate abuse, and enforce these Terms; (iii) to comply with Applicable Law and lawful requests; and (iv) as otherwise authorized by you or described in our Privacy Notice. We may also derive aggregated or de-identified information from your use of the Service (for example, resource consumption, instance counts, or error rates) that does not identify you or reveal the contents of your User Content, and we may use such information for any lawful purpose.

4.3 How We Treat User Content on Our Infrastructure

Because your User Content lives on hardware we operate, we commit to the following:

(a) we will not access the contents of your virtual machines, volumes, databases, caches, buckets, or secrets except (i) as necessary to provide, maintain, secure, or restore the Service, (ii) to provide support you have requested, (iii) to investigate a suspected violation of these Terms or a security incident, or (iv) as required by Applicable Law or a valid legal process;

(b) any such access by Quome personnel is logged in an audit trail;

(c) we will not sell your User Content, use it for advertising, or use it to train machine-learning or artificial-intelligence models; and

(d) we will not disclose your User Content to third parties except as described in Section 4.2 and in our Privacy Notice.

4.4 Representations and Warranties

You affirm, represent, and warrant that:

(a) your User Content and our use thereof as contemplated by these Terms will not violate any Applicable Law or infringe any rights of any third party;

(b) your User Content does not include any information that a governmental body deems to be sensitive or classified information, and your provision of User Content is not violative of any confidentiality rights of any third party;

(c) to the best of your knowledge, all User Content and other information you provide to us is truthful and accurate;

(d) you are solely responsible for ensuring that any code executed in your sandboxes, applications, builds, and agents complies with all Applicable Law and these Terms, and that you have obtained all necessary consents and authorizations for the data you process on the Service; and

(e) you have the right to link any developer-tool account you link under Section 3.5(c).

WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR USER CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE.

4.5 Durability, Snapshots, and Backups

We take snapshots of database, cache, and sandbox volumes on the schedule shown in the Service and store them in our object storage, and we use them to move and restore instances. These snapshots are an operational convenience, not a backup service. Sandboxes are ephemeral by design: files not saved to a persistent volume, committed to a repository, or uploaded elsewhere may be lost when a sandbox stops. You are responsible for keeping your own copies of anything you cannot afford to lose, and for exporting your data before deleting a resource or Organization. We do not warrant that any snapshot will exist or be restorable at any particular time.

4.6 Deletion and Return of User Content

When you delete a resource, we delete its volumes and snapshots within the period stated in the Privacy Notice. When an Organization is deleted or terminated, we delete all of its User Content within that same period, except for records we are required to keep by Applicable Law and for copies in backups that expire on their own schedule. We have no obligation to return User Content after that period. Where the Service offers an export, you may use it before deletion.

5. Intellectual Property

5.1 Intellectual Property Rights Definition

"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of personality, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights and proprietary rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under Applicable Law.

5.2 Quome Intellectual Property

You understand and acknowledge that we (or our licensors, as applicable) own and will continue to own all rights (including Intellectual Property Rights), title, and interest in and to the Service, all materials and content displayed or made available through the Service (excluding your User Content), the node software installed on any Device, and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service (collectively and individually, "Intellectual Property"). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights. Open-source components of the Service are licensed under their own licenses, which govern those components.

5.3 Usage Data

We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, Devices, systems, and software, and metering records of the resources your workloads consume (collectively, "Usage Data"). All Usage Data is and will be owned solely and exclusively by us. We may use Usage Data for any lawful purpose, including to provide, bill, improve, and develop the Service, for analytics, and to share aggregated or de-identified Usage Data with third parties. Usage Data does not include the contents of your User Content.

5.4 Feedback

To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service (collectively, "Feedback"), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. We are free to use the Feedback without attribution or compensation to you, although we are not required to use any Feedback.

6. Confidential Information

The Service may include non-public, proprietary, or confidential information of Quome and/or of other Users ("Confidential Information"). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public details of our infrastructure that you may observe from inside a virtual machine or a Device. You will: (a) protect and safeguard all Confidential Information with at least the same degree of care as you would protect your own highly sensitive confidential information, but in no event less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights or perform your obligations under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who need to know and are bound by comparable non-disclosure restrictions. Security vulnerabilities you discover should be reported to legal@quome.com and not disclosed publicly until we have had a reasonable opportunity to fix them.

7. DMCA Notice

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, "DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. Your complaint must include:

(a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work claimed to be infringed;
(c) identification of the infringing material and its location on the Service;
(d) your contact information;
(e) a statement of good faith belief that use of the material is not authorized; and
(f) a statement, made under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

The above information must be submitted to:

DMCA Agent
Quome, Inc.
8605 Santa Monica Blvd, PMB 109399
West Hollywood, California 90069-4109 US
Tel: (412) 206-9085
Email: legal@quome.com

In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.

8. Payments, Billing, Credits, and Spending Caps

8.1 Usage-Based Billing; Taxes

Certain aspects of the Service may be provided for free, while others are provided for a fee ("Fee"). Quome Cloud bills by usage: for example, per gigabyte of memory per hour for running instances, per gigabyte-month of disk and object storage, and per gigabyte of network egress, at the rates shown in the Service and at https://quome.cloud/pricing (the "Pricing and Payment Terms"), which are incorporated by reference herein. Usage is metered from the events our infrastructure records; those records are the basis of your bill, and they are conclusive absent manifest error. Each Fee is the sum of the applicable Quome Fee and any applicable Third-Party Fees.

We may add new products and/or services for additional Fees, add or amend Fees for existing products, and/or discontinue offerings at any time. We will give at least thirty (30) days' notice by email or in the Service before a price increase takes effect, and the increase applies to usage after the effective date.

Except as expressly stated, payment obligations are non-cancelable once incurred, and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments ("Taxes"). You will be responsible for paying all Taxes associated with your purchases.

8.2 Definitions

8.3 Credits and Trial Credits

Trial Credits are granted in the amount, and expire on the schedule, shown in the Service when the Organization is created. Credits (including Trial Credits and promotional Credits) have no cash value, are non-transferable, may not be resold, may be used only within the Organization they were granted to, and are forfeited when they expire or when the Organization is terminated. Purchased Credits are non-refundable except where Applicable Law requires otherwise. We may revoke Credits obtained through fraud, multiple accounts, or other violations of these Terms. Usage is drawn first from Credits that expire soonest.

8.4 Spending Caps and Suspension for Non-Payment

Every Organization has a Spending Cap. When an Organization's Credits are exhausted, or its usage reaches its Spending Cap, we may stop or pause its running workloads (applications, sandboxes, databases, caches), refuse new ones, and continue to store its volumes and buckets, which continue to accrue storage Fees. Adding a Payment Method or raising the Spending Cap (where the Service allows) resumes service. A workload stopped at a Spending Cap may lose unsaved state. We are not liable for any consequence of stopping workloads at a Spending Cap or at a zero balance.

If any amount you owe is not paid when due, we may suspend your Organization's access, stop its workloads, and, after thirty (30) days' notice, delete its User Content under Section 4.6.

8.5 Your Payment Method

General. To use the Service beyond your Credits, you must provide at least one current, valid payment method accepted by us and Payment Processor (each, a "Payment Method"). We may require a Payment Method on file for every plan, including during a trial, to prevent fraud. By providing a Payment Method, you authorize each of Quome and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including on a recurring basis (for example, monthly for the previous month's usage, or when your balance falls below a threshold you set) until you remove the Payment Method and your Organization has no outstanding balance. Fees are fully earned upon payment.

Payment Processor. To the extent Payment Processor processes payments, you will be subject to Payment Processor's terms and conditions and privacy notice, available at https://stripe.com/legal. We do not view or store your full credit card or other Payment Method information. Payment Processor collects your Payment Method details and processes charges.

Payment Representations and Warranties. You represent and warrant that: (i) your payment information is true, accurate, and complete; (ii) you are authorized to use the Payment Method(s); (iii) you will pay all charges incurred; (iv) charges will be honored by your Payment Method company; and (v) you will not allow anyone outside your Organization to consume your Credits.

DISCLAIMER. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR PAYMENT METHOD, (II) ANY FEES CHARGED BY YOUR BANK IN CONNECTION WITH FEE COLLECTION, AND/OR (III) ANY UNAUTHORIZED USE OF YOUR PAYMENT METHOD BY A THIRD PARTY.

8.6 Subscriptions, Refunds, and Promotions

Subscriptions. If we offer any portion of the Service on a recurring subscription basis, that subscription will automatically renew at the end of each term for subsequent terms equal in length unless and until you cancel through the Service or by contacting us at legal@quome.com at least thirty (30) days before the next term begins. You will continue to have access through the end of the then-current term.

Refunds. You may de-activate your User Account, delete your Organization, or cancel any subscription at any time. HOWEVER, UNLESS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED CREDITS OR TIME. Refunds may be granted at our sole option and discretion. If you believe you have been improperly charged, contact us at legal@quome.com within sixty (60) days of the charge.

Dedicated Placement and Device Fees. Dedicated placement and Device platform fees, where offered, are billed as shown in the Service and may require a minimum commitment stated when you purchase them.

Promotional Offers. We may offer special promotional offers ("Promotional Offers"). Eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer if you are not eligible.

9. Privacy; Data Security

9.1 Privacy

We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to and/or processed in the United States.

9.2 Security

We care about the integrity and security of your personal information and your User Content, and we describe the measures we take in the Privacy Notice. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your data for improper purposes. You acknowledge that you provide your data at your own risk. If we become aware of a breach of security affecting your User Content or personal information, we will notify you without undue delay and in any event within the time required by Applicable Law.

9.3 HIPAA, PCI, and Other Regulated Data

Quome Cloud is not offered for Protected Health Information. We do not enter into Business Associate Agreements for Quome Cloud, and you will not store, process, or transmit Protected Health Information (as defined under HIPAA), cardholder data subject to PCI DSS, information subject to ITAR or similar export-controlled regimes, or information a governmental body deems classified, on Quome Cloud. If you are a HIPAA Covered Entity or Business Associate, or otherwise need dedicated infrastructure and a Business Associate Agreement, contact us about Quome Enterprise. Storing regulated data on Quome Cloud is a violation of these Terms.

9.4 Subprocessors

We use a small number of third-party subprocessors to deliver parts of the Service (for example, transactional email and the public network edge). The current list, the role of each, and how we notify you of changes are published in our Subprocessor List and at https://quome.cloud/legal/subprocessors.

10. Your Use of Third-Party Services

The Service may contain links to or require use of third-party services ("Third-Party Services"). If you use a Third-Party Service in connection with the Service, you are subject to that third party's terms and conditions. We do not endorse or assume responsibility for any Third-Party Services. You expressly relieve us from any and all liability arising from your access to and/or use of any Third-Party Service.

Third-Party Services you may choose to use with the Service include but are not limited to:

11. Release

You hereby release us from all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising out of a dispute between you and a third party (including any other User, and including the owner of any community hardware your workloads run on) in connection with the Service. You waive any Applicable Law providing that a general release does not extend to claims unknown at the time of execution.

12. Indemnity

You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, the "Quome Indemnitees") harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including legal fees) arising from: (a) your access to and/or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; (d) your violation of Applicable Law; (e) User Content submitted via your User Account or your Organization; (f) your willful misconduct; (g) any third party's access to the Service with your credentials; (h) the actions of any agent you connect; (i) any Device you enroll, including any harm it causes to the Service or to other Users; or (j) your participation as a host in a community pool.

13. No Warranty; Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NONE OF THE QUOME INDEMNITEES WARRANTS THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS; THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY SNAPSHOT, BACKUP, OR VOLUME WILL BE PRESERVED OR RESTORABLE.

QUOME DOES NOT WARRANT THAT THE ISOLATION BETWEEN WORKLOADS ON SHARED HARDWARE IS COMPLETE OR THAT IT PREVENTS EVERY ESCAPE OR SIDE-CHANNEL VECTOR; THAT ANY DEVICE YOU ENROLL WILL BE SECURE, AVAILABLE, OR FREE OF ERRORS; OR THAT THE OWNER OF ANY COMMUNITY HARDWARE WILL COMPLY WITH THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER SHARED, DEVICE, OR COMMUNITY PLACEMENT IS APPROPRIATE FOR YOUR DATA.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY QUOME INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT WILL ANY QUOME INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF: (A) THE AMOUNT YOU PAID TO US DURING THE IMMEDIATELY PREVIOUS TWELVE (12) MONTH PERIOD; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FOR CLARITY, QUOME IS NOT LIABLE FOR ANY COSTS, DAMAGES, OR LOSSES ARISING FROM: (I) LOSS OF, OR CORRUPTION OF, DATA IN A SANDBOX, VOLUME, SNAPSHOT, DATABASE, CACHE, OR BUCKET; (II) WORKLOADS STOPPED OR PAUSED AT A SPENDING CAP, AT A ZERO BALANCE, FOR MAINTENANCE, OR FOR SECURITY; (III) THE FAILURE, LOSS, THEFT, OR COMPROMISE OF ANY DEVICE YOU ENROLL; (IV) THE ACTS OR OMISSIONS OF THE OWNER OF ANY COMMUNITY HARDWARE; (V) THE ACTS OR OMISSIONS OF ANY DEVELOPER-TOOL VENDOR OR OTHER THIRD-PARTY SERVICE; OR (VI) ANY BREACH OF ISOLATION BETWEEN WORKLOADS NOT CAUSED BY QUOME'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

15.1 Governing Law

You agree that: (a) the Service will be deemed solely based in the State of Delaware; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The Federal Arbitration Act (9 U.S.C. Sections 1-16) ("FAA") governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws to the fullest extent permitted by Applicable Law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15.2 Arbitration Agreement

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to any dispute, controversy, or claim between you and us arising out of or relating to these Terms, the Service, or any aspect of your relationship with us (each, a "Claim").

Opting Out. If you are a new User, you can opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing legal@quome.com with your full legal name and stating your intent to opt out.

Dispute Resolution Process. For any Claim, you will first contact us at legal@quome.com and attempt to resolve the Claim informally. If not resolved within sixty (60) days, we each agree to resolve the Claim exclusively through binding arbitration by JAMS before a single arbitrator, under the Optional Expedited Arbitration Procedures then in effect. The arbitration will be conducted in the U.S. county where you live or Sussex County, Delaware, unless agreed otherwise.

Equitable Relief. Nothing in this Arbitration Agreement prevents us from seeking injunctive or equitable relief from courts to protect our data security, our infrastructure, Confidential Information, or Intellectual Property Rights, or prevents you from asserting claims in small claims court.

Severability. If any provision of this Arbitration Agreement is found void or unenforceable, it will be severed without impact on the remaining provisions.

15.3 Class Action/Jury Trial Waiver

BY ENTERING INTO THESE TERMS, YOU AND QUOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

16. U.S. Government Restricted Rights

To the extent the Service is used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation. Accordingly, you receive only those rights granted to all other Users, in accordance with 48 C.F.R. Section 227.7202 and 48 C.F.R. Section 12.212, as applicable.

17. Export Controls

You will comply with all applicable import, export, and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations (U.S. Department of Commerce), OFAC sanctions (U.S. Treasury Department), and ITAR (U.S. State Department). You represent and warrant that neither you nor any person to whom you make the Service available is listed on any sanctions or prohibited parties list or located in any embargoed country or territory. We may restrict access to the Service by geography, and we may block traffic from regions where we do not offer the Service.

18. General Provisions

18.1 Assignment

These Terms may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer in violation hereof will be null and void.

18.2 Notification Procedures and Changes

We may provide notifications via email, hard copy, or posting on the Service. We may modify these Terms from time to time. When we change these Terms in a material manner, we will update the "Last Modified" date, notify you by email or in the Service at least thirty (30) days before the change takes effect (except where a change is required sooner by Applicable Law or to address a security risk), and ask you to accept the new version in the Service. Your continued use after the effective date constitutes acceptance.

18.3 Entire Agreement; Severability

These Terms, together with any amendments and Additional Terms, constitute the entire agreement between you and us concerning the Service. If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions remain in full force and effect.

18.4 No Waiver

No waiver of any term will be deemed a further or continuing waiver, and our failure to assert any right will not constitute a waiver of such right.

18.5 Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including power or Internet-carrier failures at our sites, natural disasters, labor disputes, governmental action, or the acts or omissions of third parties, including the owners of Devices and community hardware.

18.6 California Residents

The provider of the Service is Quome, Inc., 8605 Santa Monica Blvd, PMB 109399, West Hollywood, California 90069-4109 US. If you are a California resident, in accordance with Cal. Civ. Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18.7 Contact

If you have any questions about these Terms and/or the Service, please contact us at legal@quome.com.

Document ID: QUOME-LEGAL-TOS-CLOUD-001
Version: 1.0
Classification: Public