Cool Cloud — Terms of Use

Effective date: September 2, 2026 · Last updated: September 3, 2026 Operator: Cool Cloud LLC, a Wyoming limited liability company with its principal place of business in Michigan, United States ("Cool Cloud", "we", "us") Contact: hello@coolcloud.com

These Terms of Use (the "Terms") are a contract between you and Cool Cloud LLC. They govern your use of the coolcloud.com website, your Cool Cloud account, and the Cool service we provision and operate for you (together, the "Service"). By creating an account, ticking the box on the registration form, or using the Service, you agree to these Terms and to our Privacy Policy, which explains what data we handle and why. If you are agreeing on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation.

If you do not agree, do not register and do not use the Service.

1. What Cool is, in plain terms

Cool is a personal AI assistant that runs on a server of its own, provisioned for you alone. When you subscribe, we create a dedicated virtual private server in a United States data centre, install the Cool software bundle on it, give it an address such as yourname.coolcloud.com, and hand you the keys. Nobody else's Cool runs on that machine. Cool talks, listens, reads what you ask it to read, keeps notes, plans, and, with your permission, connects to accounts you already have (for example your Google or Microsoft workspace, or a shop's commerce interface) to act on your instructions.

Cool does not think on its own hardware. Like almost every AI assistant, it sends the text of your conversation to a third-party large-language-model provider and hears and speaks through third-party speech providers. Section 6 explains whose account those requests run under, because that matters.

The rest of this document is the detail. Sections 8 and 9 (what Cool will and will not do, and what you are responsible for) and Sections 11 to 13 (money and cancellation) are the parts most people care about.

2. Definitions

• "Instance" means the dedicated server, the Cool software bundle running on it, its databases, and its backups, provisioned for one customer account.
• "Customer Data" means everything you or your users put into your Instance or that your Instance collects on your behalf: conversations, voice, transcripts, meeting recordings and notes, documents, connected-account data, files, and settings. It also means everything Cool produces for you from that material: answers, summaries, plans, reports, generated pages ("custom surfaces"), and code.
• "Connected Account" means a third-party account you link to your Instance, such as a Google Workspace or Microsoft 365 account, an account with our model provider, a merchant store, or a speech-provider account.
• "Agent Actions" means things Cool does outside your Instance at your instruction: fetching a web page, searching a catalogue, building a cart, sending an email, creating a calendar event, joining or recording a meeting.
• "Users" means the people you invite to use your Instance. You are responsible for them (Section 4.4).

3. The Service

3.1 What is included

A subscription includes:

• one Instance on a virtual private server sized to your plan (Section 11), hosted in the United States by default (Section 5.4);
• the Cool software bundle and the supporting services it needs, installed and started for you;
• a *.coolcloud.com address with TLS, and the option to attach your own domain;
• automatic encrypted backups of your Instance's databases, kept on the server and copied to off-site object storage (see the Privacy Policy, "Backups");
• software updates to the bundle as we release them (Section 5.3);
• the coolcloud.com dashboard for managing your account, plan, and Instance.

3.2 What is not included

• A model provider account. Cool needs access to a large-language-model provider to think. Depending on your plan you either connect your own provider account or credentials, or your plan includes a usage allowance that we meter. See Section 6 and your plan description. Where you bring your own, that provider's charges and terms are yours.
• Speech-provider accounts where your plan requires you to bring them.
• Connected Accounts. Your Google, Microsoft, merchant platform, or other accounts, and whatever they cost you, are yours.
• Third-party merchants and websites. When Cool visits a site or builds a cart for you, that site's terms apply to you, not to us.
• Your own device and internet connection.
• Consulting, custom development, or migration services, unless separately agreed in writing.

3.3 Launch status: early access

Cool Cloud is a new service. We are launching it as an early-access product. That means: features may change, be added, or be withdrawn; you may encounter defects; and some capabilities described on coolcloud.com may be released to accounts progressively rather than all at once. We will tell you about material changes in the dashboard or by email. Where a feature is labelled "beta", "preview", or "experimental", Section 16 applies to it in addition to everything else.

3.4 No service-level agreement

We do not currently offer a service-level agreement. We aim to keep your Instance available and we monitor it, but we make no commitment to a specific uptime percentage, response time, or support response time, and we do not offer service credits. If we introduce an SLA later, it will be a separate document referenced from your plan. Until then, Section 17 governs.

3.5 Support

Support is by email at hello@coolcloud.com. We answer during normal business hours in the United States and try to respond within two business days, but this is a target, not a commitment.

4. Eligibility and accounts

4.1 Who may use the Service

You must be at least 18 years old and able to form a binding contract. The Service is designed for individuals and organisations using it for work and personal productivity. It is not directed at children, and we do not knowingly allow anyone under 18 to hold an account.

4.2 Registration

To create an account you give us an email address, a password, and, for the organisation record, a name for your organisation and a subdomain ("slug") for your Instance. You must provide accurate information and keep it current. The subdomain must not impersonate anyone, infringe anyone's rights, or use a reserved word we have set aside for the Service's own operation; we may reclaim or rename a subdomain that does.

4.3 Your credentials

Keep your password and any API keys private. You are responsible for everything done through your account until you tell us it has been compromised, at which point we will help you secure it. Tell us promptly at hello@coolcloud.com if you suspect unauthorised access.

4.4 Users you invite

You may invite other people to use your Instance. Each of them must accept these Terms to use it, and you are responsible for their compliance. You control their access and you are the party we deal with about your Instance. If a User asks us to exercise a privacy right over data inside your Instance, we will normally direct them to you, because you control that Instance (see the Privacy Policy, "Roles").

4.5 One account, one Instance

Each subscription provisions one Instance. You may not share an Instance across separate organisations to avoid paying for additional subscriptions, or resell access to your Instance as a service to others, without a written reseller agreement with us.

5. Your Instance

5.1 Who controls what

You control the data on your Instance and what Cool does with it. We operate the underlying server and software: we provision it, start it, keep it updated, back it up, monitor whether it is healthy, and take it down when your subscription ends. We do not read your Customer Data in the ordinary course of operating the Service.

5.2 What access we hold to your Instance

We designed the Service so that we hold as little access to your Instance as possible:

• We keep no standing login to your Instance. Your Instance's secrets, including its database credentials and the key that encrypts its backups, are generated on your server during setup and are not held by us.
• We control the server at the hosting-provider level. Through our hosting provider's management interface we can create, resize, restart, back up, and delete the server and, in principle, access its storage. We use that control only to provision, resize, update, secure, diagnose, or decommission your Instance, to respond to a support request you have made, to investigate a suspected violation of these Terms or a security incident, or where the law requires. We will tell you before, or as soon as practical after, any access to your Instance's storage for a reason other than the automated operations described in this document.
• Your Instance talks to us with a token we issue. It reports whether it is up and applies configuration we send it; the token can be revoked by us at any time and lets us see status, not content. Customer Instances run a build of our platform that does not report usage to a central registry.
• We hold a storage credential scoped to your backup container so that your Instance can write backups and we can delete them when your subscription ends. Backups are encrypted on your Instance before they are written.

5.3 Updates

We update the Cool bundle on your Instance as we release new versions. Updates may add, change, or remove features and may require a brief restart. We will try to schedule disruptive updates outside your working hours and to tell you about material changes in advance, but we may apply security fixes without notice.

5.4 Data location

Instances are provisioned in a United States data centre (Ashburn, Virginia) operated by our hosting provider unless we offer, and you choose, another region at signup. The region is shown to you before you pay. If you are an EU, UK, or Swiss business, the Privacy Policy (Section 8) describes the transfer safeguards and you should ask us for our data processing terms. Off-site backups are stored with our storage provider as described in the Privacy Policy. If we offer additional regions later, the region is fixed when your Instance is created and can only be changed by re-provisioning.

5.5 Your own domain

You may attach a domain you control to your Instance. You are responsible for that domain's registration and DNS, and for your right to use it.

5.6 Capacity and fair use

Your plan sets the server size. If your Instance repeatedly exhausts its resources we may ask you to upgrade, and we may throttle or pause features that are degrading the server rather than let it fail.

6. Your credentials for third-party AI and speech services

This section matters because it determines under whose agreement your conversation content is processed by the AI provider.

6.1 Connecting your own model-provider account ("bring your own")

Some plans require, and others allow, you to connect your own account or API key with our model provider so that Cool's requests to the model run under your account. When you do:

• your use of that provider is governed by your agreement with the provider, including its usage policy and its privacy terms, and you are responsible for complying with them;
• the provider bills you directly for usage;
• we store the credential you provide on your Instance so that Cool can use it, encrypted at rest, and you can disconnect it at any time from your Instance's settings, which removes it from the Instance. Disconnecting in Cool does not by itself revoke the authorisation on the provider's side; revoke it there too if you want it gone everywhere;
• if the provider suspends or revokes your account or key, Cool will stop working until you connect another.

6.2 Metered allowance ("we bring the key")

Where your plan includes a model-usage allowance, requests run under Cool Cloud's own commercial account with the provider, are subject to the provider's commercial terms (which prohibit the provider from training on your content), and count against your allowance. Usage beyond the allowance is billed as described in your plan. We may set a budget ceiling on your Instance to protect you from runaway spend; you can raise or lower it in settings.

6.3 Speech services

Cool listens through a speech-recognition provider and speaks through a speech-synthesis provider. Depending on your plan you either bring your own keys for those providers or use ours. The same principles as 6.1 and 6.2 apply.

6.4 Connected Accounts generally

Which connectors are available depends on your plan and on what we have released (at launch: Google Workspace and Microsoft 365). When you connect a Google, Microsoft, merchant, or other account, you authorise Cool to access it within the scopes you approve, on your behalf, for as long as the connection is active. You confirm that you are permitted to grant that access (for example, that your employer allows it for a work account), and you agree to the third party's terms for that access, including Google's API Services User Data Policy and Microsoft's API terms. You can disconnect any Connected Account from your Instance's settings at any time; disconnecting removes the stored credential from your Instance. Data already copied into your conversations or notes stays there until you delete it.

7. Fees are in Section 11. Everything in between is about behaviour.

8. What Cool will and will not do — our commitments to you

These are commitments we make about how Cool behaves when it acts outside your Instance. They match the public agent policy we publish at coolcloud.com/agent, written for the operators of the websites and services Cool visits. If the two documents ever differ, the stricter reading applies.

Cool acts only for you, only when you ask. Cool fetches a web page (where that capability is available on your plan), searches a catalogue, or contacts a service only when you (or a User) ask for that in a conversation, at that moment. Cool does not crawl, spider, prefetch, or build an index of websites. It does not run background fetches of the web on its own initiative. (Refreshing the index of a Connected Account you linked, described in the Privacy Policy, is not web fetching.)

Cool says what it is. Cool identifies itself as an AI assistant, and identifies the person it is acting for, when it contacts a website, a service, or a business on your behalf. It never pretends to be a browser or a person. This is our standing practice everywhere and, for customers in the EU, it is how we comply with Article 50 of the EU AI Act.

Cool honours the rules of the sites it visits. Cool obeys robots.txt (including crawl-delay), rate limits, 429 Too Many Requests and Retry-After responses, Cache-Control, and published Content-Usage and llms.txt preferences. If a site disallows what you asked for, Cool will tell you so and will not fetch it.

Cool does not solve CAPTCHAs or route around blocks. If a site challenges Cool to prove it is human, Cool stops, tells you, and offers to open the page on your own device instead. It does not attempt the challenge, does not change its identity, and does not retry from a different network.

Cool does not log in to third-party websites as you. Cool does not enter your passwords into other people's sites. It accesses Connected Accounts only through the official interfaces you authorised (Section 6.4).

Cool builds carts; you complete purchases. Cool can search a merchant's catalogue and assemble a cart. It hands checkout to you. Payment is always completed by you, in your own session with the merchant. Cool holds no payment instrument of yours and cannot be given one. Where a merchant's agent-commerce interface requires it, Cool passes the merchant your IP address and browser identifier when it builds the cart; the Privacy Policy explains this.

Cool does not train on what it reads for you. Nothing Cool fetches or reads on your behalf, and nothing you tell it, is used by Cool Cloud to train or fine-tune any model. Cool does learn on your own Instance from your own use (the Privacy Policy, Section 5.3, explains exactly what is stored and how to turn it off); that learning never leaves your Instance and is never pooled across customers. Where your plan uses our commercial model-provider account, our provider is contractually prohibited from training on your content as well. Where you connect your own provider account, your provider's data-use settings govern (Section 6.1), and you should review them.

You can see what Cool did. Your Instance keeps a tamper-evident record of the actions Cool took for you, which every User can review for their own actions and administrators can review for the Instance. Your Instance's administrator can also review summary records (not content) of what was sent to AI and speech providers during voice sessions.

If you instruct Cool to do something that would break one of these commitments, Cool will decline that part of the instruction and tell you why. These commitments do not limit anything you may do directly on your own devices.

9. Your responsibilities and acceptable use

9.1 You are the principal

Cool is a tool that acts on your instructions. You, not Cool Cloud, are responsible for the instructions you give it and for the consequences of Agent Actions taken on those instructions, including:

• the websites and services you ask Cool to visit or contact, and your right to have it do so;
• the meetings and conversations you ask Cool to record or transcribe, and the consent of everyone taking part (Section 10);
• what Cool sends on your behalf (emails, calendar invitations, messages, catalogue searches, carts) and to whom;
• the content you and your Users put into your Instance and into Connected Accounts;
• your compliance with the terms of every Connected Account and every third-party site or service Cool interacts with for you, including your model provider's usage policy, Google's and Microsoft's API terms, and merchants' published agent terms (such as a store's agents.md or commerce profile).

Cool is an AI. It can be wrong, incomplete, or out of date, and it can misunderstand you. Check anything that matters before you rely on it, and review what Cool proposes to send before it goes.

9.2 Prohibited uses

You will not, and will not allow your Users to, use the Service to:

1. break any law, or help anyone else to;
2. infringe or misappropriate anyone's intellectual property, privacy, publicity, or other rights;
3. harass, threaten, defame, stalk, or discriminate against anyone, or send unsolicited bulk messages;
4. record, transcribe, or monitor any person without the notice and consent the law requires;
5. gain or attempt to gain unauthorised access to any system, account, network, or data, including by asking Cool to log in to sites, bypass access controls, or defeat anti-bot measures;
6. scrape, crawl, or bulk-download third-party sites or services, or circumvent their rate limits or terms, through Cool or otherwise;
7. build, train, or improve a competing AI model or assistant using the Service or its outputs;
8. probe, scan, or test the vulnerability of the Service or any Instance other than your own, or interfere with its operation;
9. share, resell, or sublicense access to your Instance except as Section 4.5 allows;
10. upload malware, or use your Instance to host content or run workloads unrelated to Cool (it is an assistant, not general hosting);
11. process special-category or regulated data (for example health records, children's data, or payment-card data) in ways that would require certifications or agreements we have not offered you;
12. misrepresent who you are, who Cool is acting for, or the nature of Cool as an AI;
13. use the Service in any way that could cause us to breach our agreements with our providers.

9.3 Your content

You confirm that you have the rights needed to put Customer Data into your Instance and to have Cool process it, and that doing so does not violate any law or anyone's rights.

9.4 Our response to violations

If we reasonably believe you have breached this Section 9, we may remove content, disable a feature, suspend your Instance, or terminate your account (Section 20). Where practical we will warn you first and give you a chance to fix it.

10. Meetings, recording, and transcription

Cool can listen to a meeting or conversation you take part in, transcribe it, and produce notes. Recording and transcription laws differ by place: many US states and many countries require the consent of every participant, not just yours, and some require an announcement at the start.

You are responsible for obtaining every consent the law requires before you ask Cool to listen. In practice this means telling everyone present, at the start, that an AI assistant is transcribing, and stopping if anyone objects. Cool shows a visible "listening" indicator on your screen while it is listening and will introduce itself to the room if you ask it to; any participant can end listening by saying "Cool, stop". These are courtesies that help you meet your obligations, not a substitute for your consent process. Cool does not record audio, does not identify who is speaking, and does not create voiceprints.

You may not use Cool to record people covertly. Do not ask Cool to listen where recording is prohibited (for example, some courtrooms, healthcare settings, or under an employer's or venue's rules).

The people in your meetings who are not your Users are still people whose personal data ends up in your Instance. You are the controller of that data (see the Privacy Policy, "Roles"), and you should be able to answer their questions about it and honour their rights.

11. Plans, fees, and payment

11.1 Plans

We offer subscription plans that differ by server size, the set of Cool capabilities enabled, and whether a model-usage allowance is included. The plan names, prices, and included features shown at the time you subscribe are the ones that apply to you. At the effective date the plans are:

Prices are in US dollars unless stated otherwise and exclude taxes.

11.2 Free trial

New subscriptions start with a free trial of 7 days. We provision your Instance when the trial starts. If you cancel before the trial ends you are not charged; if you do not, your first billing period begins automatically when the trial ends. We will remind you by email before the trial ends.

11.3 Payment

We bill through a third-party payment processor. Card details are entered on the processor's hosted pages and are held by the processor; we receive a customer identifier and your billing status, never your card number. Your subscription renews automatically at the end of each billing period until cancelled. You authorise us (through our payment processor) to charge your payment method for each renewal, for any plan change, and for any metered usage due.

11.4 Plan changes

You may change plan from the dashboard. Upgrades take effect promptly and are prorated. Downgrades take effect at the end of the current billing period and may require your Instance to be re-provisioned onto a smaller server; we will tell you what a downgrade involves before you confirm it.

11.5 Metered usage

Where your plan meters model usage beyond an allowance, we record aggregate usage (tokens, seconds of audio, cost) on your Instance and bill it in arrears each period at the rates in your plan. We never bill based on the content of your conversations, and usage records sent to our billing systems are totals, not transcripts.

11.6 Failed payment

If a renewal payment fails, our payment processor retries it over the following days and we email you so that you can update your payment method. If the payment still cannot be collected when those retries end, the subscription is cancelled for non-payment and Section 12.2 applies from that date: your Instance enters the 14-day recovery window and is then destroyed. Paying during the window restores it.

11.7 Taxes

Prices exclude VAT, GST, sales tax, and similar taxes. Where we are required to collect them, they will be added at checkout. If you provide a valid business tax identifier, we will apply the reverse-charge mechanism where the law allows.

11.8 Price changes

We may change prices with at least 30 days' notice by email and in the dashboard. A change takes effect at your next renewal after the notice period. If you do not accept it, cancel before that renewal.

12. Cancellation, and what happens to your Instance and your data

12.1 Cancelling

You may cancel at any time from the billing portal in the dashboard or by emailing hello@coolcloud.com. Cancellation stops future renewals. Your Instance keeps running until the end of the billing period you have already paid for.

Destroying your Instance is not the same as cancelling. The dashboard lets you destroy your Instance at any time. Doing so deletes the server and its data but does not cancel your subscription; to stop being billed, cancel in the billing portal.

12.2 After the paid period ends

When the paid period ends:

1. Your Instance enters a recovery window. It keeps running so that you can export your data or resubscribe, and nothing on it is deleted yet.
2. You have 14 days to export your data. If you resubscribe during this window, the deadline is cancelled and your Instance continues exactly as it was. During this window you may request an export from us, and we will provide your Instance's databases and files in a portable form.
3. At the end of the window we destroy the Instance, including its server and the data on it, and its DNS record.
4. Your off-site backup bucket and its access credential are deleted at the same time. Because your backups are encrypted with a key that existed only on your Instance, any copy that outlived the Instance would be unreadable by anyone, including us. This is deliberate: it means we cannot recover your data for you after the window closes, so export before it does.

You can destroy your Instance sooner yourself from the dashboard.

12.3 What we keep

After destruction we keep only: your account record (email, organisation name, billing history) for as long as tax and accounting law require; records of these Terms having been accepted; and our own operational logs, which age out on their own schedule (see the Privacy Policy, "Retention"). We keep nothing of your conversations, connected-account data, or generated content after the backup purge.

12.4 Reactivation

If you resubscribe within the export window, your existing Instance is restored: same server, same data, same address. After destruction, resubscribing creates a new, empty Instance.

13. Refunds

Fees are non-refundable except where the law requires. Cancelling stops future charges and your Instance runs to the end of the period you have paid for (Section 12). New subscriptions start with the free trial in Section 11.2, which is the time to decide whether Cool is for you. If we terminate your subscription for our convenience rather than for your breach (Section 20.3), we refund the unused portion of the current period.

If you are a consumer in the EU, UK, or another jurisdiction with a statutory right of withdrawal, that right applies. Because we begin provisioning your Instance and incurring hosting costs as soon as you pay, you agree that we may deduct a proportionate amount for the service already supplied where the law allows.

14. Ownership

14.1 Your data and your outputs are yours

You own your Customer Data. That includes everything Cool produces for you: answers, summaries, transcripts, notes, plans, reports, custom surfaces, and code generated in coding sessions run for you (including sessions run by a coding agent on your Instance and delivered to your own repositories). To the extent Cool Cloud acquires any right in it by operating the Service, we assign that right to you.

14.2 Our licence to operate

You grant us a limited, non-exclusive licence to host, copy, transmit, back up, and process your Customer Data solely to provide, secure, and support the Service and to comply with law. We will not use your Customer Data to train or fine-tune any AI model, and we will not sell it or share it for advertising.

14.3 The platform is ours

The Cool software, the coolcloud.com website, our bundle, our provisioning system, our prompts, our designs, our documentation, and our names and logos are owned by Cool Cloud LLC or our licensors. Subject to these Terms we grant you a limited, non-exclusive, non-transferable licence to use the software on your Instance for the term of your subscription. Except as open-source licences allow (Section 14.4), you may not copy, modify, distribute, reverse-engineer, or create derivative works of our software, or remove our notices.

14.4 Open-source components

The Cool software is built on open-source components, each under its own licence. Those licences govern your use of those components and nothing in these Terms restricts rights they grant you. A list of components and licences is available on request at hello@coolcloud.com.

14.5 Feedback

If you send us suggestions, we may use them without obligation to you. This does not give us any right in your Customer Data.

14.6 Your name

We will not name you as a customer in marketing without your written permission.

15. Third-party services

Cool depends on services we do not control: the hosting provider for your server, object storage for backups, the model and speech providers, our payment processor, and any Connected Account or merchant you direct Cool to. Each is listed, with what it receives, in the Privacy Policy. Their availability and conduct are outside our control. If a provider changes or withdraws a capability, we may have to change Cool accordingly, and we will tell you. Your relationship with any service you connect or direct Cool to is between you and that service.

16. Beta and experimental features

Features labelled beta, preview, or experimental may be incomplete, may change or disappear without notice, may not be backed up to the same standard, and are provided as-is. Use them at your own discretion and do not rely on them for anything important. Your feedback on them is welcome.

17. Disclaimers

THE SERVICE, INCLUDING EVERY ANSWER, ACTION, RECOMMENDATION, TRANSCRIPT, SUMMARY, AND PIECE OF CODE COOL PRODUCES, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, COOL CLOUD LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

In particular:

• AI output is probabilistic. Cool can produce statements that are false, outdated, biased, or harmful, can misread a document, and can misunderstand an instruction. It is not a professional adviser. Do not rely on it for legal, medical, financial, tax, safety, or other professional decisions without independent verification.
• Agent Actions are irreversible where the outside world makes them so. An email sent, an event created, a cart built, or a page fetched happened. Cool's undo features work only where the other party's interface allows reversal.
• Third-party services may fail or change. We are not responsible for their acts or omissions.
• Early access. Section 3.3 applies.

Some jurisdictions do not allow certain disclaimers; where that is the case, they apply only to the extent permitted.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COOL CLOUD LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (US$100), WHICHEVER IS GREATER.

These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by negligence, for fraud, or, where applicable consumer law so provides, for breach of statutory consumer rights. They do not limit either party's obligations under Section 19 or our obligations under the Privacy Policy with respect to a data breach caused by our breach of it.

19. Indemnity

You will defend and indemnify Cool Cloud LLC and its members, managers, and employees against third-party claims, and the resulting damages, costs, and reasonable legal fees, arising from: (a) your Customer Data; (b) instructions you give Cool and Agent Actions taken on them, including recording or contacting people without the consent the law requires; (c) your breach of these Terms or of a third party's terms governing a Connected Account, website, or merchant; or (d) your violation of law. We will notify you promptly of any such claim, let you control the defence (we may participate with our own counsel at our expense), and not settle without your consent, which you will not unreasonably withhold.

We will defend and indemnify you against third-party claims that the Cool software, as provided by us and used in accordance with these Terms, infringes that third party's US patent, copyright, or trademark, excluding claims arising from your Customer Data, your instructions, Connected Accounts, third-party services, open-source components as such, or combinations with things we did not supply. If such a claim is made we may modify or replace the software or, if neither is practical, terminate your subscription and refund prepaid fees for the remaining period.

20. Suspension and termination

20.1 By you

Section 12.

20.2 By us, for cause

We may suspend or terminate your account or Instance, with notice where practical, if: you materially breach these Terms and do not cure within 10 days of notice (or immediately for a breach that cannot be cured or that creates a security, legal, or safety risk); your subscription has been cancelled for non-payment under Section 11.6; we are required to by law or by a provider whose service Cool depends on; or your Instance is being used in a way that threatens the Service, other customers, or third parties.

20.3 By us, for convenience

We may discontinue the Service or your plan with at least 60 days' notice, in which case we will refund any prepaid fees for the period after the discontinuation date and Section 12.2 applies from that date.

20.4 Effect

On termination for any reason Section 12.2 governs your data. Sections 9, 12.3, 13 to 19, 21, and 23 survive.

21. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, where applicable, the federal law of the United States. The UN Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state courts sitting in Van Buren County, Michigan, or the United States District Court for the Western District of Michigan, and each party submits to their personal jurisdiction and waives any objection to venue there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before filing, the parties will try in good faith to resolve the dispute by written notice and discussion for 30 days.

If you are a consumer in the EU, UK, or another jurisdiction with mandatory consumer protections, nothing in this Section deprives you of the protection of those laws or of the right to bring proceedings in your local courts where that right cannot be waived.

22. Copyright complaints (DMCA)

If you believe content on an Instance or on coolcloud.com infringes your copyright, send a notice meeting the requirements of 17 U.S.C. §512(c)(3) to our designated agent:

Cool Cloud LLC, Attn: DMCA Agent 61675 M 40, Paw Paw, MI 49079 hello@coolcloud.com

We will respond to valid notices, may remove or disable access to the material, and may terminate repeat infringers. Because Instances are single-tenant and private, most content on them is not publicly accessible; where a notice concerns a page a customer has published publicly from their Instance, we will forward it to that customer.

23. Export controls and sanctions

You may not use the Service if you are located in, or are a national or resident of, a country or territory subject to comprehensive US sanctions, or if you are on a US government restricted-party list. You will not use the Service in violation of US export-control or sanctions laws.

24. Changes to these Terms

We may change these Terms. For material changes we will give at least 30 days' notice by email and in the dashboard before they take effect, except where a change is required by law or addresses a security or legal risk, in which case it may take effect immediately. If you do not accept a change, cancel before it takes effect; continuing to use the Service after the effective date means you accept it. The current version is always at coolcloud.com/terms with its effective date at the top.

25. General

• Entire agreement. These Terms, the Privacy Policy, your plan description, and any order form or written agreement with us are the entire agreement between us about the Service and replace anything earlier.
• Order of precedence. A signed written agreement prevails over these Terms; these Terms prevail over content on the website.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or a successor to our business, with notice.
• Notices. We notify you at your account email and in the dashboard. You notify us at hello@coolcloud.com. Notices are effective when sent (to you) or received (to us).
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including provider outages, network failures, and acts of government, other than payment obligations.
• Severability; waiver. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
• Independent parties. Nothing in these Terms creates a partnership, agency, or employment relationship. Cool acts as your tool, not as our agent, when it carries out your instructions.
• Language. These Terms are written in English. Translations are for convenience; the English version controls.

26. Contact

Cool Cloud LLC (a Wyoming limited liability company) 61675 M 40, Paw Paw, MI 49079, United States hello@coolcloud.com

Effective September 2, 2026. Previous versions: none.