Terms of Service

1. Acceptance of Terms

Welcome to AlwaysAgent ("we," "us," "our," or the "Service").

• Operating Entity: AlwaysAgent
• Service URL: https://alwaysagent.app
• Customer Support Email: [email protected]

These Terms of Service (these "Terms") govern your rights and obligations in connection with your use of the AlwaysAgent cloud workspace service (the "Service"). The Service is a browser-accessible cloud development workspace that provides you with a dedicated cloud server instance preinstalled with Claude Code, OpenAI Codex, and common development tools.

By registering an account, adding funds, purchasing a plan, or otherwise using the Service in any manner, you represent and warrant that you:

1. Are at least 18 years of age and have full legal capacity to enter into a binding contract;
2. Have read, understood, and agreed to these Terms in their entirety;
3. Agree to our Privacy Policy; and
4. If using the Service on behalf of a company or other organization, have obtained valid authorization to bind such organization.

If you do not agree to any part of these Terms, please discontinue use of the Service immediately.

2. Description of Service

2.1 What We Provide

• A dedicated cloud server instance (Ubuntu) assigned to you, including a dedicated public IP address and full root/system privileges;
• Preinstalled Claude Code, OpenAI Codex, and common development tools, ready to use upon boot;
• Browser-accessible terminal and file management interfaces accessible across phones, tablets, and computers;
• Daily snapshots (system restore points);
• Instance provisioning, start/stop controls, migration, and routine infrastructure maintenance.

2.2 What We Do Not Provide

• Claude Code and OpenAI Codex are solely client software preinstalled on your instance. You must independently obtain and pay for the official Anthropic / OpenAI API keys—or third-party relay services—required to operate them.
• Your API keys are stored exclusively within your own instance. We do not handle, route, log, or mark up your AI requests.
• Accordingly, the availability, latency, output quality, quotas, and billing of AI models are determined solely by your chosen model provider and fall outside the scope of our Service commitments. We are not liable for refunds resulting from price increases, rate limits, account suspensions, or service discontinuations by AI model providers.

2.3 Nature of Service

The Service is a digital service and involves no physical delivery. Upon payment confirmation, we credit your account balance or activate your subscription entitlements, and instances are automatically provisioned upon your request—typically becoming available within minutes.

2.4 Service Availability

We use commercially reasonable efforts to maintain Service availability, but we do not guarantee 100% uninterrupted uptime. The underlying physical infrastructure hosting your instance is provided by upstream cloud providers and may experience interruptions due to upstream maintenance, network outages, power failures, or force majeure events. See Section 12 for applicable limitations of liability.

3. Accounts

3.1 Registration

You must register an account using a valid, authentic email address and provide accurate required information. In principle, each natural person or legal entity may register only one account.

3.2 Account Security

• You are responsible for safeguarding your account password and all credentials stored within your instance (including SSH keys, API keys, and database passwords) and are solely responsible for all activities occurring under your account.
• You may not lend, lease, sell, or share your account with any other person.
• If you suspect unauthorized access to or compromise of your account, please notify us immediately at [email protected].

3.3 Account Deletion

You may request account deletion at any time by emailing [email protected]. Please export all code and data from your instance prior to deletion—once an account is deleted, all associated instances are permanently destroyed and data cannot be recovered.

4. Billing & Pricing

We offer two billing options. You may use either option independently, or start with hourly billing and later migrate to a monthly subscription.

4.1 Hourly Trial (Prepaid Balance · One-Time Top-Up · Non-Subscription)

• You preload an account balance (minimum $10), and charges are deducted based on your instance's actual running time at approximately $0.05 / hour, prorated by the minute.
• This is a one-time top-up, not a subscription; it does not auto-renew and will not automatically charge your payment method.
• Billing stops as soon as your instance is powered off. No charges accrue while your instance is stopped.
• Your prepaid balance does not expire.

4.2 Monthly Plans (Subscription · Auto-Renewing)

All monthly plans include: unmetered bandwidth, a dedicated public IP, daily snapshots, preinstalled Claude Code and OpenAI Codex, and full system privileges. Plan specifications are governed by the table above and the pricing section on our homepage.

4.3 Auto-Renewal Authorization

We will send an email reminder prior to each renewal. Upon successful payment, your subscription automatically extends for one additional billing cycle. If a charge fails, we will retry within a reasonable period; if payment remains unsuccessful after retries, your instance may be suspended until payment is completed.

4.4 Price Changes

We may adjust plan prices from time to time. Active billing cycles already in effect will not be affected. We will notify you by email at least 14 days before any price change takes effect for your next renewal cycle, giving you the opportunity to cancel your subscription under Section 6 before the new price applies.

4.5 Taxes

All prices displayed on the site are denominated in US Dollars (USD). Waffo Pancake acts as the Merchant of Record and is responsible for determining, calculating, and remitting applicable sales tax, VAT, or GST. The final total payable will be displayed at checkout.

4.6 Migrating from Hourly Billing to a Monthly Plan

If you have configured your environment and started building a project during an hourly trial, you may request to migrate that instance to a monthly plan. We will migrate the system disk data of your instance to a monthly machine of the corresponding specification at no additional migration fee.

• Migration is available only when the target plan's disk capacity is sufficient to accommodate your existing data; if your data exceeds the target capacity, we will confirm options with you beforehand.
• A brief service interruption may occur during migration. We strongly recommend committing or exporting critical code prior to migration.
• You are responsible for verifying that API keys and environment variables from your original instance remain functional on the new instance.

5. Payment

5.1 All payments are processed by Waffo Pancake. We do not store or have access to your full payment card details; card data is handled exclusively by PCI-DSS compliant payment processors and never passes through our servers.

5.2 In the event of payment failure, chargeback, or additional verification required by the payment processor, we may suspend the relevant instance or plan until payment is resolved. Suspension resulting from payment failure does not constitute a breach of these Terms by us.

5.3 For billing inquiries, invoices, or payment method updates, please email [email protected] or manage them directly through the customer portal provided by our payment processor.

6. Cancellation

6.1 You may cancel your monthly subscription at any time by emailing [email protected] or self-serving through the customer portal provided by our payment processor. We will never require you to call us or impose any cancellation barriers.

6.2 Cancellation takes effect at the end of the current billing cycle. Fees already paid for the current cycle are not prorated or refunded for unused days, and the subscription will not renew after the current cycle ends.

6.3 Following cancellation, your instance will be retained for 7 days after the end of the current billing cycle so you can export your data; after this grace period, the instance and all data within it will be permanently destroyed and cannot be recovered.

6.4 Canceling a subscription does not affect any existing prepaid balance in your account, which remains available for hourly usage.

7. Refund Policy

Our refund principle is straightforward: We refund unspent account balance, not services already consumed. Details are as follows:

7.1 Account Balance (Refundable)

• Within 14 days of a top-up, any unspent prepaid balance remaining in your account is eligible for a refund.
• Refunds are issued to the original payment method, minus actual transaction processing fees charged by the payment channel (these fees are collected by the payment provider; we retain no portion of them).
• Any portion already consumed (i.e., deducted hourly usage charges) is non-refundable.

7.2 Monthly Plans (Non-Refundable)

Paid monthly subscription fees are non-refundable, including any unused time remaining in the current billing cycle after cancellation. Please use the hourly billing option to thoroughly test the Service before purchasing a monthly plan.

7.3 Consumed Hourly Usage (Non-Refundable)

Hourly charges already deducted based on actual instance uptime are non-refundable.

7.4 Exception: Duplicate Charges & Billing Errors

If a system error on our part results in a duplicate charge, incorrect billing amount, or erroneous provisioning, we will issue a full refund upon verification, notwithstanding Sections 7.1–7.3.

7.5 Exception: Extended Platform Outage

If your instance is continuously unavailable for more than 72 consecutive hours due to faults attributable to our platform itself (excluding your own actions, upstream infrastructure outages, or force majeure events), you may request either a prorated refund of your monthly plan fee for the unused days in that cycle or an equivalent credit to your account balance, at your election.

7.6 How to Request a Refund

1. Email [email protected] with your account email address, order ID, and reason for the refund request;
2. We will respond within 2 business days;
3. Once approved, we will initiate the refund within 5 business days. Actual settlement timing depends on your payment provider (typically 5–15 business days).

7.7 Upon completion of a refund, the corresponding account balance or service entitlements will be revoked. If you have any outstanding unpaid charges at the time of refund, we reserve the right to offset such amounts against your balance.

For full details, please refer to our Refund Policy.

8. Billing Disputes

If you believe a charge is in error, please contact us first at [email protected] before initiating a chargeback with your bank or payment provider. We commit to responding within 2 business days and resolving confirmed billing errors within 5 business days.

If you initiate a chargeback without prior communication, we reserve the right to suspend the associated account and re-evaluate whether to continue providing Service after the dispute is resolved.

9. Your Content & Intellectual Property

9.1 You Own Your Code and Data

All intellectual property rights in the code, files, databases, configurations, and works you create or store within your instance remain the sole property of you or your licensors. We claim no ownership rights over your content and will never use it for our products, marketing, or AI model training.

9.2 Limited License Necessary to Provide the Service

Strictly to provide the Service to you (such as instance deployment, migration, troubleshooting, and snapshot creation), you grant us a limited technical license to host and process your instance data. We will not inspect your project files or API keys except where:

1. You proactively request technical support and authorize us to inspect the relevant files;
2. Strictly necessary to the minimum extent required to diagnose and resolve an infrastructure fault; or
3. Required by applicable law, regulation, court order, or competent governmental authority.

9.3 Third-Party Software Licenses

Claude Code, OpenAI Codex, and other third-party software preinstalled on your instance are governed by their respective license agreements and terms of use. You must comply with the usage policies of Anthropic, OpenAI, and other respective providers. We are not the developer of such third-party software and are not responsible for feature changes, policy updates, or service discontinuations by those providers.

9.4 Our Intellectual Property

This website, the console interface, brand names, logos, and documentation are owned by us. You may not copy, modify, redistribute, or commercially exploit them without our prior written consent.

10. Acceptable Use

10.1 Permitted Uses

Personal software development and learning, business workflow automation, hosting your own websites and applications, running automation scripts and scheduled jobs, and technical research and experimentation.

10.2 Prohibited Uses

You agree not to use the Service to engage in any of the following activities:

• Any activity that violates applicable laws or regulations in your jurisdiction;
• Cryptocurrency mining, DDoS attacks, port scanning, vulnerability brute-forcing, sending spam, hosting phishing sites, distributing malware, or operating botnet command-and-control (C2) servers;
• Hosting, transmitting, or distributing child sexual abuse material (CSAM) or any sexually explicit content involving minors;
• Infringing third-party intellectual property rights, including running pirated software, operating BitTorrent / torrent index sites, or hosting pirated media or software;
• Gaining or attempting unauthorized access to third-party systems, networks, or data;
• Impersonating others, falsifying credentials, or engaging in fraud or deceptive practices;
• Reselling, sublicensing, or sharing your account or instance with third parties, or operating a "shared account" service for external users;
• Violating the usage policies of Anthropic, OpenAI, or other AI model providers (such as proxying third-party accounts for public resale);
• Violating the acceptable use policies of our upstream cloud infrastructure providers;
• Using an instance as a publicly accessible bulk proxy, public VPN exit node, or traffic relay service;
• Circumventing or interfering with the security controls, billing mechanisms, or resource limits of the Service;
• Conducting abusive large-scale scanning, scraping, or stress-testing against third-party websites or systems.

10.3 Enforcement

If we detect any prohibited activity on your instance, or receive a valid abuse complaint from an upstream provider or rights holder, we may immediately suspend or terminate the instance and your account without refund of any fees paid. Where unlawful or criminal conduct is suspected, we may report the matter to competent authorities and preserve and disclose relevant logs as required by law.

You agree to indemnify and hold us harmless from any fines, penalties, third-party claims, or damages incurred by us as a result of your violation of this Section 10.

10.4 Resource Usage

Monthly plans allocate dedicated instance resources for your full use. However, you may not use the Service to generate sustained attack traffic, perform bulk automated registrations, send mass unsolicited messages, or engage in other activities that jeopardize underlying infrastructure or other users.

11. Data & Privacy

11.1 How we collect and process your personal information is detailed in our Privacy Policy, which is incorporated into and forms an integral part of these Terms.

11.2 Payment card data is processed exclusively by Waffo Pancake and is never stored on our servers.

11.3 Your project code, database contents, and API keys reside within your own instance. Once an instance is destroyed, a subscription expires past its grace period, or an account is deleted, such data cannot be recovered—please maintain your own independent backups.

11.4 We do not sell your personal information and never use it to train AI models.

12. Disclaimers & Limitation of Liability

12.1 "AS IS" Provision

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 Disclaimer Regarding AI Outputs

12.3 Data Loss Disclaimer

We do not guarantee that your data will never be lost. Daily snapshots are provided as a convenience feature and do not constitute a guaranteed data backup or archival commitment. Please back up critical code off-site using your own Git repositories or other backup solutions.

12.4 Third-Party Services Disclaimer

Outages, modifications, price increases, or policy changes by AI model providers, payment processors, or upstream cloud infrastructure providers are beyond our control. We shall not be liable for any indirect or consequential losses arising therefrom.

12.5 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, loss of data, or loss of goodwill). Our aggregate cumulative liability arising out of or relating to these Terms or the Service shall not exceed the total amount actually paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.

13. Term & Termination

13.1 These Terms remain in effect for as long as you use the Service.

13.2 We may suspend or terminate your account and instance if you materially breach Section 10, engage in suspected fraud or illegal activity, or if we are required to do so by law or a competent authority.

13.3 If we elect to discontinue the Service or cease operations for reasons of our own (and not due to your breach), we will provide at least 30 days' advance notice, allow a reasonable window for you to export your data, and issue a prorated refund for any paid but unused portion of your active subscription term.

13.4 You may delete your account at any time in accordance with Section 3.3.

14. Governing Law & Dispute Resolution

14.1 These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China.

14.2 Prior to initiating formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute through email negotiation. Please send a written description of the dispute to [email protected], and we will respond within 15 business days.

14.3 If the dispute cannot be resolved through negotiation, it shall be submitted to the competent People's Court at the operator's place of domicile.

14.4 Where mandatory consumer protection laws in your country or region of residence grant you more favorable jurisdiction or remedies, such mandatory provisions shall prevail to the extent required by law.

15. Changes to Terms

We may update these Terms from time to time. For material changes affecting pricing, refund rules, or limitations of liability, we will notify you by email or in-app notice at least 14 days prior to the effective date and update the "Last Updated" date at the top of this page.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please stop using the Service and request account deletion under Section 3.3; any remaining balance will be handled in accordance with Section 7.

16. Miscellaneous

16.1 These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior oral or written understandings.

16.2 If any provision of these Terms is held to be invalid or unenforceable by a court or authority of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

16.4 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a corporate reorganization, merger, or acquisition.

17. Contact Us