Implementation Note
This document is intended for account registration, first use, project creation, deployment, plan purchase and ordinary platform use. The registration checkbox should link to this document, the Acceptable Use Policy and the Privacy Policy.
Acceptance and Scope
These Terms of Service, Disclaimers and User Notice (the "Terms") apply to your access to and use of pocketbay.com, the PocketBay dashboard, APIs, deployment, build, hosting, auto-containerization, AI diagnostics, AI self-healing, logs, metrics, persistent storage, databases, subdomains, HTTPS, team collaboration, free trials, beta features, paid features and related services provided now or in the future by PocketBay Technologies Limited (collectively, the "Service").
By registering, logging in, clicking accept, creating a project, uploading code, connecting a repository, deploying, purchasing, calling an API, inviting members or continuing to use the Service, you accept these Terms. If you use the Service on behalf of a company, team or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity and its authorized users.
If you do not agree to these Terms, do not register, access or use the Service. If these Terms conflict with a separately executed written enterprise agreement, the written enterprise agreement controls only the directly conflicting provisions and the rest of these Terms remain in effect.
Accounts, Eligibility, Organizations and Security
You must provide true, accurate, complete and current account, organization, billing and contact information. You are responsible for your account, password, API keys, access tokens, OAuth permissions, SSH keys, environment variables, secrets, team members, organization permissions and payment methods.
All activities, deployments, resource consumption, fees, unlawful acts, infringement and losses occurring through your account, team, organization, project, API key, access token or payment method are your responsibility. You must promptly notify PocketBay of any account compromise, credential exposure, abnormal traffic, security vulnerability, data breach, malicious code or unauthorized access.
PocketBay may require email verification, phone verification, identity verification, organization verification, payment verification or other reasonable verification for security, compliance, anti-fraud, anti-abuse, billing, ownership or service stability reasons. If verification is not completed, refused or failed, PocketBay may restrict, suspend or terminate the Service.
Service Nature, Reasonable Care and Commercial Commitments
PocketBay provides deployment, build, hosting, database, AI-assisted operations and other platform services expressly enabled, and performs its obligations with the reasonable care and skill appropriate to the nature and risks of the Service. Except as expressly agreed, the platform does not provide dedicated operations, custom development, compliance advisory or guarantees of specific business results.
The absence of a separate SLA does not mean the platform bears no service obligations; specific availability, resource limits, backup and support commitments follow the orders, plans, specific policies or written agreements you have accepted. "Beta" or "experimental" features are clearly labelled with their limitations and are not used to exclude paid delivery commitments already made or mandatory statutory obligations.
Free services, trial credits and granted resources are for experience, testing and evaluation, and may be adjusted, restricted or reclaimed as described at the time. To protect platform stability, control costs and prevent resource abuse, PocketBay may apply auto-cooldown, sleeping, suspension, rate limiting, queuing, degradation, restart, rollback, isolation, resource reclamation or termination; the triggers (such as inactivity, free-tier usage, abnormal traffic, non-payment or security risk) are disclosed before use or purchase. Ordinary resource adjustments take service impact into account; necessary emergency measures may be taken to address urgent security threats, unlawful activity or to protect infrastructure.
Prices, Features, Terms and Notices
PocketBay may adjust future services and prices for reasonable technical, commercial, security or legal reasons, and will notify material changes through the dashboard, website, email, in-app message, billing page, documentation or other appropriate means.
Changes affecting the main features, prices or quotas of your current paid period are handled under the contract you accepted and applicable law: they normally take effect from the next billing period, or with the necessary consent, together with the legally or contractually required handling of paid services that can no longer be performed.
You may stop future renewals by following the cancellation rules. The platform does not treat your silence as authorization for expanded content licences, new non-essential personal-information processing, or matters requiring active consent by law. Urgent compliance and security measures may be taken first, but do not automatically extinguish affected users' statutory claims.
User Content Licence and Priority of Specific Rules
You retain the rights you lawfully hold in your User Content. To perform the services you request and have authorized, you grant PocketBay a non-exclusive licence to host, copy, cache, transmit, build, run, inspect and process the relevant content to the necessary extent. Only as needed to provide the corresponding service, the platform may have processors bound by confidentiality and protection obligations assist in performance.
This general licence does not authorize making private Project Memory public, providing private content across accounts, distributing production data, creating unauthorized copies for third parties, or using private materials for providers' own general-model training. Those uses are governed by the applicable specific policies and valid authorization. Service-improvement, feedback or marketing clauses must not be read as a way around these limits.
You represent and warrant that you own or have obtained all rights, licences, consents and authorizations necessary to upload, build, deploy, run, publish, process and authorize PocketBay to process User Content. You must not upload or process code, data, models, images, trade secrets, personal information, payment information, health information, children's data or other regulated data that you are not authorized to use.
You must keep appropriate backups of the business materials you manage. The platform still performs the backup, restoration, data-protection and service obligations it has sold or expressly promised; no "back up your own data" notice excuses the platform from liability for breaching its own commitments.
AI, Automation and Third-Party Integrations
The Service may include AI-assisted deployment, AI diagnostics, AI remediation suggestions, AI self-healing, automatic builds, auto-containerization, log analysis, error explanations, configuration suggestions and automated actions. AI outputs and automated actions may be inaccurate, incomplete, unsafe, non-compliant, non-functional or unsuitable for your environment. You must review, test, validate, monitor and back up your systems.
When you enable AI automation or grant permissions, PocketBay may, within the permissions you configure, read logs, analyze code, modify configurations, trigger builds, restart services, roll back deployments, adjust resources, connect third-party services or call APIs. You are responsible for these actions, results, fees and risks.
If you connect GitHub, GitLab, databases, domains, payment services, AI models, cloud services, email, CDN, monitoring, storage or other third-party services, you authorize PocketBay to access, read, write, deploy, build, call, transmit or process related resources within the configured scope. Third-party services are subject to their own terms, charges, limits and risks, and PocketBay is not responsible for third-party services.
Prohibited Uses and Enforcement
You must not use the Service for unlawful activity, infringement, fraud, phishing, impersonation, spam, malware, DDoS, credential theft, unauthorized scanning, attacks, scraper abuse, mining, proxies, VPNs, tunneling, traffic manipulation, ad fraud, bulk email, resource resale, billing circumvention, risk-control circumvention, privacy violations, secret leakage, piracy, child sexual exploitation material, terrorism, violent extremism, illegal pornography, hate or harassment, or any other conduct prohibited by the Acceptable Use Policy.
PocketBay has no obligation to actively monitor all content, but may automatically or manually detect, scan, analyze and process accounts, projects, deployments, logs, traffic, resource usage, metadata, public content, build behavior and API calls for security, compliance, risk control, anti-fraud, anti-abuse, performance, billing, support, legal or upstream-provider reasons.
PocketBay may, without prior notice, warn, rate-limit, suspend, isolate, delete, remove, block, reclaim resources, revoke free allowances, require upgrades, require payment, terminate accounts or report to upstream providers, law enforcement or regulators. PocketBay is not liable for refunds, damages or compensation for good-faith enforcement unless required by law.
Fees, Taxes, Refunds and Non-Payment
You agree to pay fees according to the then-current prices, plans, resource usage, subscription period, overages, taxes, charges and order rules. If the Service uses auto-renewal or periodic billing, you authorize PocketBay or its third-party payment provider to charge your payment method until you properly cancel or terminate.
Unless expressly stated in writing by PocketBay or required by applicable law, all paid fees, subscription fees, resource fees, usage-based charges, prepayments, enterprise service fees, domain fees, certificate fees, third-party fees, credits, promotions, grants and trial allowances are non-refundable, non-transferable and non-cashable.
Upon payment failure, chargeback, non-payment, billing error, invalid payment method, unusual fee risk or exceeding a credit limit, PocketBay may immediately charge, require prepayment, restrict resources, suspend service, delete or reclaim resources, stop support, refer collection and recover fees and losses.
Intellectual Property, Feedback and Branding
PocketBay and its licensors retain all rights in the Service, platform, website, dashboard, interfaces, designs, documentation, SDKs, APIs, code, models, systems, architecture, trademarks, logos, domains, database structures, algorithms, technology, improvements, implemented feedback, trade secrets and related intellectual property. Except for the limited usage rights expressly granted by these Terms, you acquire no PocketBay intellectual property rights.
You must not copy, modify, rent, sell, sublicense, reverse engineer, decompile, scrape, mirror, white-label, resell, build a competing service or circumvent technical restrictions unless mandatory law permits it and you have given PocketBay prior written notice.
PocketBay may freely use, copy, modify, commercialize, disclose and incorporate any suggestions, feedback, requirements, ideas or improvement proposals you provide without payment or obligation. Unless you request otherwise in writing, PocketBay may use your name, trademark or logo in customer lists, websites, sales materials or investor materials to identify you as a user or customer.
Liability Boundaries and Cap
Except as expressly stated on service pages, in orders, in specific agreements or under applicable law, PocketBay does not guarantee that the Service will never be interrupted or free of defects, or that it will produce specific traffic, rankings, revenue, compatibility results or business outcomes. AI outputs, third-party apps and external dependencies may contain errors or interruptions; you should take reasonable verification and risk controls appropriate to your use.
To the extent permitted by applicable law and where such limitations are reasonable and effective, PocketBay is not liable for losses unrelated to its breach or fault, or that it does not bear by law, and may limit indirect, special or consequential losses to the extent the law allows. Merely listing data leakage, data loss, security incidents or AI errors as a category of loss does not create a presumption that the platform is not responsible regardless of fault.
Subject to those legal and reasonableness conditions, the aggregate cap for ordinary contractual liability is the greater of the platform service fees you actually paid to PocketBay in the six months before the event giving rise to the claim, or USD 100. This cap is not a statutorily endorsed safe harbour; specific enterprise agreements or applicable mandatory rules prevail where they provide otherwise. For free, trial or non-paying users, the aggregate cap is USD 100.
These disclaimers and caps do not apply to fraud, intentional misconduct, gross negligence that cannot be excluded by law, personal-injury liability that cannot be limited by law, or other liabilities that may not be excluded or limited by law. They are not used to strip consumers of mandatory rights, to escape statutory personal-information and data-security obligations, or to block regulators from enforcing the law. Whether a personal-information damage claim falls within the cap is determined by the specific law and the nature of the liability, and is not automatically subject to the USD 100 cap.
Indemnity, Suspension, Termination and Data
Where your own unlawful conduct, infringement, unauthorized handling of data or breach of contract leads a third party to bring claims against the platform, you compensate the platform's reasonable, provable losses within the scope of your legal responsibility. The platform will notify you promptly and reasonably and offer an appropriate opportunity to respond; losses caused by the platform's own fault, penalties that cannot be shifted by law, or charges unrelated to your conduct are not blanket-shifted onto users.
The platform may take necessary measures against genuinely existing illegality, security, infringement, non-payment or serious abuse risks; measures are reasonably proportionate to the risk. Where network access can safely be limited first, specific features disabled, or a project isolated, this is not automatically expanded into deleting entire accounts and unrelated data.
Non-emergency termination of paid services comes with reasonable notice and the data-handling opportunities required by law or contract. Emergency measures, evidence preservation and unlawful material that must be deleted follow applicable law. The platform does not guarantee data recovery in every situation, but does not substitute its own obligations with "data may be deleted at any time without responsibility". Termination does not affect pre-termination fees, liabilities, indemnities, confidentiality, intellectual property, disclaimers, liability limitations, dispute resolution or other provisions that by their nature should survive.
Notices, Governing Law, Disputes and Miscellaneous
PocketBay may send notices by email, dashboard, in-app message, website notice, billing page, project page, documentation or other reasonable means. You must keep contact information valid. All legal, support, abuse, security, copyright, privacy and complaint notices should be sent to support@pocketbay.com with the issue type stated in the subject line.
Unless mandatory applicable law provides otherwise, these Terms are governed by the laws of the Hong Kong Special Administrative Region, excluding conflict-of-law rules. The parties will first attempt to resolve disputes amicably; if unresolved, either party may submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong under the rules then in effect, with one arbitrator and Chinese or English as the arbitration language. PocketBay may seek temporary injunctions, preservation, intellectual-property protection, fee recovery or emergency relief in any court of competent jurisdiction. Hong Kong law and the agreed dispute-resolution mechanism apply to the extent they validly apply; these Terms do not exclude mandatory consumer-protection, personal-information-protection or other non-excludable rules applicable to you, and consumers' statutory dispute-resolution choices are not unreasonably restricted by these standard terms.
PocketBay may update these Terms from time to time. Updates may be notified through the website, dashboard, email or other reasonable means. Your continued use after an update becomes effective constitutes acceptance. If any provision is invalid, the remaining provisions remain effective. You may not assign these Terms without PocketBay's written consent; PocketBay may assign them in connection with a merger, reorganization, financing, asset sale, business transfer or affiliate restructuring. The Chinese version controls; if the English version conflicts with the Chinese version, the Chinese version prevails unless otherwise agreed in writing.
Project Memory, Public Genome and Licensed Copy Rules
Project Memory, Public Project Genome, Discover publication and Licensed Copies are governed by the Project Memory and Genome Data Policy and the Public Project, Discover and Creator Copy Authorization Terms respectively. Unless the user completes the corresponding confirmation for a specific project, version and scope, these general Terms alone do not authorize Memory uploads, public Genome publication or the creation of Licensed Copies. Not enabling Memory does not block basic deployment that does not rely on it.