Terms of Service
Last Updated: December 29, 2024
These Terms of Service ("Terms") govern your use of Cloud Designs' website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Definitions
- "Company": Cloud Designs, Inc.
- "Services": Our website, mobile apps, API, and all features and content
- "User": You, the person accessing or using our Services
- "Content": Text, images, videos, and other materials in our Services
- "User Content": Information you provide (career data, feedback, messages)
2. Use License
Cloud Designs grants you a limited, non-exclusive, non-transferable license to use our Services for your personal, non-commercial use, subject to these Terms.
You may not:
- Copy, modify, or create derivative works from our Services
- Reverse-engineer, decompile, or attempt to access source code
- Use our Services for competitive analysis or to build competing products
- Remove copyright notices, trademarks, or proprietary markings
- Use our Services in any illegal or unauthorized manner
- Rent, sell, or transfer your license to others
- Scrape, crawl, or bulk download content without permission
- Use bots, spiders, or automated tools to access Services
3. User Accounts
Account Creation
To use certain features, you must create an account and provide accurate, current information. You are responsible for:
- Maintaining the confidentiality of your password
- Monitoring account activity and reporting unauthorized access
- Keeping your information current and accurate
- All activity under your account
Account Eligibility
You must be at least 13 years old (or the age of digital consent in your jurisdiction) and have the legal authority to enter into these Terms. We reserve the right to refuse service to anyone.
Account Termination
You may delete your account anytime by contacting support. We may terminate or suspend your account for:
- Violation of these Terms
- Illegal activity or fraud
- Abuse or harassment of our team or other users
- Non-payment (paid accounts)
Upon termination, your access to Services ends, and any outstanding charges become due immediately.
4. User Content & Intellectual Property
Your Rights
You retain all rights to any content you submit (User Content). By submitting User Content, you grant Cloud Designs:
- A non-exclusive, royalty-free, worldwide license to use, reproduce, and display your content
- The right to use your content for service improvement and analytics (anonymized)
- The right to display your content to you and service providers
Our Intellectual Property
All content, features, and functionality in our Services (except User Content) are owned by Cloud Designs, including:
- Software code and algorithms
- Roadmap templates and recommendations
- Documentation and written content
- AI models and training data
- Logos, trademarks, and branding
These are protected by copyright, trademark, and other intellectual property laws. You may not use them without our explicit permission.
5. Acceptable Use Policy
You agree not to use our Services for:
- Illegal activity: Anything violating federal, state, or local law
- Harassment: Threatening, abusive, or discriminatory content
- Fraud: Misrepresenting your identity or submitting false information
- Malware: Uploading viruses, malware, or harmful code
- Hacking: Unauthorized access to systems or accounts
- Spam: Unsolicited commercial messages
- Impersonation: Pretending to be someone else
- Privacy violation: Sharing others' personal information
Violations may result in account termination and legal action.
6. Fees & Payment
Pricing
Free tier is free forever. Paid tiers require payment. All prices are in USD unless otherwise stated. We may change prices with 30 days' notice for new purchases.
Subscription Terms
- Subscriptions auto-renew on the anniversary date unless canceled
- You can cancel anytime before the renewal date
- No refunds for partial months (except for our 30-day money-back guarantee)
- Cancellation takes effect at the end of your billing period
Money-Back Guarantee
If you upgrade to a paid tier and aren't satisfied within 30 days, we'll refund your payment in full. No questions asked.
Billing
- We charge on the date you started your subscription
- All charges are non-refundable except per our money-back guarantee
- Overdue accounts may be suspended
- Failed payments may result in account termination
7. Disclaimers & Limitations
As-Is Services
Our Services are provided "as is" and "as available" without warranties of any kind, express or implied. Cloud Designs disclaims all warranties including:
- Merchantability or fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, completeness, or usefulness of content
- Uninterrupted or error-free operation
AI Roadmap Disclaimer
AI-generated roadmaps are not guarantees of career success. They are suggestions based on patterns and data. Career outcomes depend on many factors beyond our Service. We recommend:
- Consulting with career coaches and mentors
- Researching actual job market data for your location
- Validating recommendations with industry professionals
- Considering your unique circumstances and constraints
Cloud Designs is not liable for career decisions based on our roadmaps.
Third-Party Content
We're not responsible for third-party content, links, or services. We don't endorse external resources and aren't liable for issues arising from them.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD DESIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability for any claim arising from these Terms or your use of Services is limited to the amount you paid us in the 12 months preceding the claim (or $100 if you haven't paid).
Some jurisdictions don't allow liability limitations, so this may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Cloud Designs from any claims, damages, costs, or expenses (including attorneys' fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your User Content
- Your infringement of third-party rights
10. Modifications to Terms
We may modify these Terms anytime. Material changes will be notified by email or prominent website notice. Continued use of Services constitutes acceptance of updated Terms.
11. Modifications to Services
Cloud Designs reserves the right to:
- Modify, suspend, or discontinue Services (with notice if possible)
- Change features, functionality, or pricing
- Remove or restrict access to certain features
We're not liable for modifications or discontinuation of Services.
12. Dispute Resolution
Informal Resolution
Before legal action, contact us at darec@darecmcdaniel.info to resolve the dispute informally.
Arbitration
Any dispute arising from these Terms or Services will be resolved by binding arbitration administered by JAMS, not in court. Arbitration rules and procedures apply. Arbitrator's decision is final and binding.
Exception: Either party may pursue injunctive relief in court to prevent infringement of intellectual property or violation of confidentiality.
Class Action Waiver
You waive the right to participate in class actions. All arbitration proceedings and remedies are on an individual basis, not as a class, group, or representative action.
13. Governing Law
These Terms are governed by the laws of California, without regard to conflict of law principles. Arbitration venue is San Francisco, California.
14. Severability
If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in effect. Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable.
15. Contact Us
For questions about these Terms, contact us at:
Darec McDaniel
Email: darec@darecmcdaniel.info