Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and your organization ("Customer", "you") and 102238904 Saskatchewan Inc. ("Nimbus Land", "we", "us") governing your access to and use of the Nimbus Land platform, websites, and related services (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

Nimbus Land provides a control plane for deploying and managing applications, data, and AI agents on Canadian-based infrastructure. We may update, improve, or modify the Service over time. We will not make changes that materially reduce core functionality during a paid term without notice.

2. Accounts and eligibility

• You must provide accurate account information and keep it up to date.
• You are responsible for safeguarding credentials and for all activity under your account.
• You must promptly notify us of any unauthorized use or suspected security incident.
• You must be capable of forming a binding contract to use the Service.

3. Customer content and responsibilities

"Customer Content" means the applications, code, data, files, and AI workloads you deploy, store, or run on the Service. As between the parties, you retain all rights to your Customer Content. You grant us a limited licence to host, process, and transmit Customer Content solely to provide and support the Service.

You are responsible for:

• Your Customer Content and the conduct of your users and end users;
• Having all rights and consents needed for us to process your Customer Content;
• Configuring access controls, data scoping, and any optional third-party integrations you enable; and
• Complying with all laws applicable to your use of the Service.

4. Acceptable use

You agree not to use the Service to:

• Violate any law or infringe the rights of others;
• Upload malware or run workloads designed to harm, disrupt, or gain unauthorized access to systems;
• Send spam or conduct unauthorized security testing against third parties;
• Attempt to circumvent tenant isolation, usage limits, or security controls;
• Mine cryptocurrency or run workloads that materially degrade the Service for others; or
• Use the Service to build a competing offering by copying it.

We may suspend or throttle workloads that threaten the security, integrity, or availability of the Service, and will use reasonable efforts to notify you when we do.

5. Third-party and non-Canadian services

The Service lets you optionally enable third-party integrations, including services that operate outside Canada (for example, third-party AI model providers). These are off by default. If you enable them, you do so at your discretion, your data may be processed outside Canada, and your use of those services is subject to their terms. Nimbus Land is not responsible for third-party services.

6. Fees and payment

• Fees are described in your order or on our pricing page.
• Unless stated otherwise, fees are billed in advance, are non-refundable except as required by law, and are exclusive of applicable taxes.
• Late or failed payments may result in suspension after reasonable notice.

7. Term, suspension, and termination

These Terms apply while you use the Service. Either party may terminate as set out in your order or, if none, on reasonable notice. We may suspend or terminate access for material breach of these Terms. On termination, your right to use the Service ends, and we will make Customer Content available for export, and then delete it, in accordance with your agreement and our Privacy Policy.

8. Service levels and support

Any service-level commitments and support terms applicable to your plan are described in your order or a separate service-level agreement. In the absence of a separate agreement, the Service is provided on a commercially reasonable-efforts basis.

9. Warranties and disclaimers

We provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided "as is" and "as available," and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for maintaining your own backups of Customer Content.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's total aggregate liability arising out of or relating to these Terms will not exceed the fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Indemnification

You agree to indemnify and hold Nimbus Land harmless from third-party claims arising out of your Customer Content or your use of the Service in breach of these Terms, except to the extent caused by Nimbus Land.

12. Confidentiality

Each party may receive confidential information of the other and agrees to protect it and use it only as necessary to perform under these Terms.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and revise the "Last updated" date. Material changes will be communicated through the Service or by email, and your continued use after the effective date constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Saskatoon, Saskatchewan.

15. Contact

Questions about these Terms can be sent to legal@nimbusland.ca.