Terms of Service

PopCloud Technologies Inc. Effective Date: June 15, 2026 Last Updated: June 15, 2026

1. Acceptance of Terms

By accessing or using the services provided by PopCloud Technologies Inc. ("PopCloud," "we," "our," or "us") through popcloud.ca or any associated APIs, CLIs, dashboards, or developer tools (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

2. Description of Services

PopCloud provides cloud infrastructure services including but not limited to:

Object storage and CDN delivery
Serverless and GPU compute
LLM inference and AI agent orchestration
Media management and streaming infrastructure
API hosting and edge compute
Payment processing infrastructure APIs
Decentralized physical infrastructure support
Advertising decisioning compute

Services are subject to change. We reserve the right to modify, suspend, or discontinue any Service at any time with reasonable notice.

3. Eligibility

You must be at least 18 years of age and capable of forming a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration

To access the Services, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your account credentials
Promptly update your account information if it changes
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activity that occurs under your account

PopCloud reserves the right to terminate accounts that contain false or misleading information.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to:

Violate any applicable federal, provincial, or local laws or regulations in Canada or any other jurisdiction
Transmit, distribute, or store material that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
Engage in unauthorized access to systems, networks, or data ("hacking")
Distribute malware, ransomware, spyware, or other malicious code
Conduct distributed denial-of-service (DDoS) attacks or similar disruptive activities
Mine cryptocurrency without prior written consent from PopCloud
Violate intellectual property rights of any third party
Send unsolicited commercial communications (spam)
Scrape or harvest data from PopCloud systems without authorization
Facilitate or engage in any activity that could damage, disable, or impair the Services

PopCloud reserves the right to suspend or terminate accounts found in violation of this Acceptable Use Policy without prior notice.

6. Fees and Payment

6.1 Pricing

Fees for the Services are as posted on our website or as agreed in a separate order form or enterprise agreement. We are committed to transparent, predictable pricing with no hidden fees.

6.2 Billing

Usage is billed monthly in arrears based on measured consumption. You authorize PopCloud to charge your payment method on file for all fees incurred.

6.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Services, except for taxes based on PopCloud's net income.

6.4 Disputes

Any billing disputes must be raised within 30 days of the invoice date by contacting support. Undisputed amounts remain due.

6.5 Suspension for Non-Payment

PopCloud may suspend your access to the Services if fees are overdue by more than 15 days, following written notice.

7. Intellectual Property

7.1 PopCloud's IP

All intellectual property in the Services, including software, documentation, trademarks, logos, and the PopCloud name, is owned by or licensed to PopCloud. You receive no ownership interest in the Services.

7.2 Your Content

You retain all rights to data and content you upload to or create using the Services ("Your Content"). By using the Services, you grant PopCloud a limited, non-exclusive license to store, process, and transmit Your Content solely as necessary to provide the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services may be used by PopCloud without restriction or compensation.

8. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; or (c) is required to be disclosed by law.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POPCLOUD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPCLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF POPCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

POPCLOUD'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO POPCLOUD IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

12. Indemnification

You agree to indemnify, defend, and hold harmless PopCloud and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

13. Term and Termination

These Terms remain in effect for as long as you use the Services. Either party may terminate the relationship at any time. Upon termination:

Your access to the Services will be revoked
You are responsible for exporting Your Content prior to termination
PopCloud will retain Your Content for a period of 30 days following termination, after which it may be permanently deleted
All provisions that by their nature should survive termination (including Sections 7, 10, 11, and 12) shall survive

14. Modifications to Terms

PopCloud reserves the right to update these Terms at any time. We will provide at least 14 days' notice of material changes via email or through the dashboard. Your continued use of the Services after the effective date of changes constitutes your acceptance of the revised Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes shall be resolved by the courts of competent jurisdiction located in Ontario, Canada. You irrevocably consent to personal jurisdiction in such courts.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and PopCloud.
Severability: If any provision is found unenforceable, the remaining provisions will continue in full force.
Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
Assignment: You may not assign your rights under these Terms without PopCloud's prior written consent. PopCloud may assign its rights without restriction.
Force Majeure: Neither party will be liable for delays or failures to perform caused by circumstances beyond their reasonable control.

17. Contact

For questions about these Terms, please contact us:

PopCloud Technologies Inc. Canada 🍁 [contact us](/contact) popcloud.ca/contact