Terms of Service

Before opening an account, you need to choose your subscription plan, see https://spawned.ai/pricing for current plans. It is your responsibility to subscribe to a plan that is correct for your usage. The plan can be changed at any time for the next subscription period, see Billing Schedule below.

You must provide a valid email address to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about you and the legal entity) or if you opt for a paid account (in which case additional information will be necessary for billing purposes). You must provide accurate information when creating an account and keep the information updated during your use of the Service.

You are responsible for maintaining the security of your account credentials.

You may use the Service only in compliance with these Terms, any additional third-party terms that may apply (such as for Amazon Web Services, Google Cloud Platform, Microsoft Azure) and applicable laws, including copyright or trademark laws, privacy laws, export control or sanctions laws, or other applicable laws in your jurisdiction.

You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

You agree not to misuse the Service, including attempting to disrupt or gain unauthorized access to systems.

Our Service is designed to provide reliable and sustainable performance for all users. To ensure fair resource allocation and optimal service quality to our users, the following apply.

Resource Monitoring

We monitor resource usage including but not limited to CPU usage, memory consumption, network traffic (both internal and external), storage utilization, API request rates, and database load. If we notice any unusual behavior or anomaly, we will notify you and we may suspend your use of the Service.

Acceptable Use

You may use the Service's resources in a manner consistent with your plan's intended use case. Normal business operations, development activities, and reasonable testing are considered acceptable use.

Prohibited Activities

Activities that may result in service degradation or excessive resource consumption are prohibited. Such activities include, but are not limited to, the following:

• Cryptocurrency mining or other computationally intensive processes unrelated to your application
• Running file sharing, proxy, or VPN services
• Mass email sending or spam operations
• Attempting to circumvent resource limits or abuse system resources
• Activities that negatively impact other users' experience

Resource Limits and Enforcement

Each plan includes specific resource allocations. If your usage consistently exceeds these allocations or negatively impacts service performance, we may:

• Temporarily limit or throttle your resource usage
• Contact you to discuss upgrading to a higher-tier plan
• In cases of severe abuse, suspend or terminate your account

Use Violations

We reserve the right to determine what constitutes acceptable use based on overall system health, resource availability, and impact on other users. We will make reasonable efforts to contact you before taking action regarding any use violations. If you are an organization, you are responsible for your end-users' use of the Service.

When you use our API or an API through a third party, the following apply.

Abuse or excessively frequent requests to Spawned via the API may result in the temporary or permanent suspension of your account's access to the API. We will in our sole discretion determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed the rate limitations.

We're always trying to improve our Service, and your feedback will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our Service ("Feedback"), you acknowledge and agree that Spawned will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our Service.

We process your personal data and customer data in accordance with our Privacy Policy.

You will comply with all applicable privacy laws and regulations when using our Service.

You retain ownership of your code and content deployed through the Service.

The Service is protected by copyright and other intellectual property laws and international treaties. We reserve all rights not expressly granted in these Terms.

We strive to keep the Service reliable, but it may occasionally be unavailable due to maintenance or issues outside our control.

Spawned is under continuous development and we always strive to enhance our Service for our users. The Service may therefore be changed at any time. We will try to notify you on the platform or through your account, but some changes may be done without prior notice to you.

Use of the Service may require payment of fees, as described on our website or in your order form. By using the Service, you agree to pay Spawned any charge incurred in connection with your use of the Service.

You give us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Spawned.

We will bill you immediately when you upgrade from the free plan to any paying plan.

Fees are non-refundable except as required by law.

You are responsible for any applicable taxes.

Payments are based on the plan you subscribe to, see https://spawned.ai/pricing for current plans. The Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused. However, the service will remain active for the length of the paid billing period.

These Terms take effect when you start using our Service, and the individual who accepts these Terms represents that they are authorized to enter into this agreement on behalf of its organization.

You may stop using the Service and terminate your account at any time. If you subscribe to a paid account, your need to terminate the subscription for the payment obligation to cease. Payments are made monthly, and will apply for the entire month regardless of day of termination.

If you violate these Terms or use the Service in a harmful way, we may suspend or terminate your account. We usually provide a warning in your account prior to any suspension or termination. However, depending on the nature of the violation, you may be suspended without prior notification.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

Spawned does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained through the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of these Terms. If we receive a claim concerning your use, we will promptly give you a written notice of the claim and give you control of the defense and settlement of the claim, provided that the settlement unconditionally releases Spawned of all liability. We will provide you reasonable assistance at your expense.

These Terms are governed by the laws of Sweden, without regard to conflict of law principles.

Any disputes will be handled in the courts of Stockholm, Sweden.

We may update these Terms from time to time. For any material, adverse changes of the Terms, you will be notified in your account (or according to your account settings) at least 30 days prior to such changes taking effect. If you do not accept the Terms, you should stop using the Service.