Terms of Service

Last updated: December 30, 2024

1. Agreement to Terms

By accessing or using Kling Cloud ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Kling Cloud provides managed hosting for Kling, an open-source email and SMS marketing automation platform. The Service includes provisioning, maintaining, and managing dedicated Kling instances on behalf of customers.

3. Account Registration

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access or security breach

4. Subscription and Billing

The Service is provided on a subscription basis. By subscribing, you agree to:

  • Pay all applicable fees according to your selected plan
  • Provide valid payment information and authorize recurring charges
  • Subscriptions renew automatically unless cancelled before the billing period ends
  • Cancellations take effect at the end of the current billing period
  • No refunds are provided for partial billing periods

5. Acceptable Use

You agree not to use the Service to:

  • Send unsolicited bulk email (spam) or violate anti-spam laws
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to any systems or networks
  • Interfere with or disrupt the integrity or performance of the Service
  • Collect or harvest user data without consent
  • Impersonate any person or entity

6. Email and SMS Compliance

When using the Service for email and SMS marketing, you must:

  • Comply with CAN-SPAM Act, GDPR, CCPA, TCPA, and other applicable regulations
  • Only send messages to recipients who have provided proper consent
  • Include accurate sender information and physical address in emails
  • Honor unsubscribe and opt-out requests promptly
  • Maintain proper records of consent for your contacts

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of all data you upload to the Service. We process your data only as necessary to provide the Service and as described in our Privacy Policy. You are responsible for ensuring you have the right to upload and process any personal data through the Service.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or modifications that temporarily affect availability. We will make reasonable efforts to notify you of planned maintenance in advance.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Kling and are protected by international copyright, trademark, and other intellectual property laws. Kling (the software) is open-source and licensed separately. The Kling Cloud service, branding, and infrastructure are proprietary.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for:

  • Breach of these Terms
  • Violation of our Acceptable Use Policy
  • Non-payment of fees
  • At our sole discretion for any other reason

Upon termination, your right to use the Service ceases immediately. You may export your data before termination. We retain data for 30 days after termination before permanent deletion.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Contact Us

If you have any questions about these Terms, please contact us at legal@kling.to.