Ale IDP

Welcome to Ale, a Internal Developer Platform delivered by Cloudtype Inc. (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Ale software platform, associated documentation, and any related services we provide (collectively, the “Service”). By installing, using, or otherwise accessing the Service, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or you do not agree with these Terms, you must not use or access the Service.

1. Definitions

1.1 “Ale”
Refers to the software platform (including Community, Standard, and Enterprise editions) that provides development and deployment capabilities, which is licensed and/or subscribed under these Terms.

1.2 “Community Edition”
Means the free tier of Ale that is subject to certain usage and feature limitations as described in the Documentation.

1.3 “Standard Plan”
Means the paid subscription tier of Ale that includes additional features and support services described in the Documentation.

1.4 “Enterprise Plan”
Means the custom or negotiated subscription tier of Ale that includes advanced features and dedicated support services described in the Documentation or in a separate agreement.

1.5 “Documentation”
Means the user manuals, technical manuals, and any other materials provided by us, in printed, electronic, or other form, that describe the operation or use of the Service.

1.6 “Subscription”
Means the limited right to access and use the Service for a specified term and plan level (Community, Standard, or Enterprise) under these Terms.

1.7 “License”
Means the limited, non-exclusive, non-transferable right to install and use the Service (in the case of a self-hosted deployment) in accordance with these Terms and the Documentation.

2. Acceptance of Terms

2.1 By installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and that you will comply with all applicable laws and regulations.

2.2 If you are entering into these Terms on behalf of a company or other legal entity, references to “you” or “your” shall mean that entity and its affiliates. You represent that you have the authority to bind that entity to these Terms.

3. Eligibility and Account Registration

3.1 Eligibility
You represent and warrant that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms.

3.2 Account Creation
You may be required to create an account to access certain features of the Service. All information you provide must be accurate, current, and complete, and you must keep such information up to date. You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account.

4. Subscription Plans and Fees

4.1 Community Edition (Free Plan)

The Community Edition is offered at no charge and includes limited features as described in the Documentation (e.g., limit on users, cluster connections, and support availability).
We reserve the right to modify or discontinue the Community Edition at any time without prior notice, provided that such changes will not retroactively affect your current free Subscription term.

4.2 Standard Plan

The Standard Plan is a paid Subscription with monthly or annual payment options, as described in the Documentation or on our website.
The Standard Plan includes additional features, support, and usage limits as indicated.
If you exceed the agreed user count or other usage limits, additional fees may apply.

4.3 Enterprise Plan

The Enterprise Plan offers a customized Subscription with advanced features, dedicated support, and service level agreements.
Pricing is determined on a case-by-case basis. The specific terms of your Enterprise Subscription will be set forth in a separate order form or agreement (“Enterprise Agreement”), which shall take precedence over these Terms to the extent of any conflict.

4.4 Payment Terms

If you sign up for a paid Subscription, you agree to pay the fees specified at the time of purchase, including any applicable taxes.
All payments must be made in the currency and using the payment method agreed upon.
You are responsible for providing complete and accurate billing and contact information and for updating such information as needed.
If payment is not received when due, we reserve the right to suspend or terminate your access to the Service.

4.5 Refunds

Except as required by law or as otherwise stated in these Terms or a relevant agreement, all fees paid are non-refundable.
For any questions regarding refunds, contact our support team.

5. License and Restrictions

5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable License to install, access, and use the Service for your internal business purposes, in accordance with the Documentation and your applicable Subscription plan.

5.2 Restrictions
You shall not:

Copy, modify, distribute, sell, lease, or sublicense the Service (except as expressly permitted in these Terms).
Reverse engineer, decompile, or disassemble any component of the Service, except to the extent required by applicable law.
Bypass or breach any security device or protection used by the Service.
Remove, alter, or obscure any proprietary notices on the Service.
Use the Service in a manner that violates applicable laws or infringes any third-party rights.

5.3 Open Source Components
The Service may include open source software licensed under different terms. To the extent of a conflict between an open source license and these Terms, the open source license will govern the use of the applicable open source software component.

6. Intellectual Property

6.1 Ownership
Except for the rights expressly granted under these Terms, we and our licensors retain all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

6.2 Customer Feedback
Any feedback, suggestions, or ideas you provide regarding the Service (“Feedback”) is non-confidential and may be used by us without restriction. By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback into the Service or any of our products or services.

7. Customer Data and Security

7.1 Customer Data
The Service is designed to be installed on your own infrastructure. You acknowledge and agree that all data processed or stored by Ale remains under your control. We do not access, store, or control Customer Data unless specifically agreed in writing.

7.2 Security
You are solely responsible for securing your account credentials, servers, and any other aspects of your infrastructure where you install and run the Service. While we follow industry best practices in software development, you acknowledge that no method of transmission or storage is entirely secure. We are not responsible for any security incidents, unauthorized access, data breaches, or any other security-related issues that may arise in your environment.

8. Support and Service Levels

8.1 Community Support

Community Edition users have access to community-driven support channels, such as documentation, public forums, or community chat services.
We do not provide an official SLA for the Community Edition.

8.2 Standard Plan Support

Standard Plan users receive Slack and email support during our regular business hours and for the duration of the Subscription.
Response times may vary, as specified in the Documentation.

8.3 Enterprise Support

Enterprise users receive advanced or dedicated support, including setup and onboarding assistance, infrastructure issue support, and negotiated service level agreements, subject to a separate Enterprise Agreement.
Further details, including availability and response times, are set forth in your Enterprise Agreement.

9. Confidentiality

To the extent you and we share proprietary or confidential information in connection with these Terms, both parties agree to maintain such information in confidence using at least a reasonable standard of care and to use such information only for the purposes of fulfilling obligations under these Terms.

10. Warranties and Disclaimer

10.1 Mutual Warranties
Each party represents and warrants that it has the legal power to enter into these Terms.

10.2 Service Warranty
We warrant that, during the Subscription term, the Service will perform substantially in accordance with the Documentation under normal use and circumstances. In the event of a material breach of this warranty, our sole and exclusive liability, and your sole and exclusive remedy, shall be for us to use commercially reasonable efforts to correct the non-conformity.

10.3 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

11.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE.

11.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU USE THE COMMUNITY EDITION, OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

11.3 Exceptions
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.

12. Indemnification

12.1 Customer Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from and against any third-party claims, damages, or liabilities (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Service in violation of these Terms or applicable law;
Any alleged infringement or misappropriation of third-party rights by Customer Data;
Your breach of any representation or warranty under these Terms.

12.2 Our Indemnification
We agree to defend, indemnify, and hold harmless you and your affiliates against any claim brought by a third party alleging that the Service infringes such party’s intellectual property rights, provided that you notify us promptly in writing, grant us sole control of the defense or settlement, and provide reasonable assistance as requested.

13. Term and Termination

13.1 Term
These Terms commence on the earlier of (a) the date you accept them, or (b) the date you first install, access, or use the Service, and continue until your Subscription is terminated or expires.

13.2 Termination by You
You may terminate your Subscription at any time by ceasing to use and uninstalling the Service. For paid plans, any applicable early termination fees or charges may apply.

13.3 Termination by Us
We may suspend or terminate your access to the Service if:

You breach these Terms and do not cure such breach within ten (10) days after receipt of written notice;
You fail to make timely payment for your Subscription; or
We are required to do so by law.

13.4 Effect of Termination
Upon termination of these Terms for any reason, any amounts owed to us before such termination will be immediately due and payable. Sections relating to intellectual property, confidentiality, disclaimers, limitations of liability, and indemnification will survive termination.

14. Modifications to the Service or Terms

14.1 Modifications
We reserve the right to modify the Service (including any features or functionality) at any time. For material changes, we will provide notice (e.g., via email or through our website).

14.2 Updates to Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Service after the changes go into effect indicates your acceptance of the revised Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

15.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Delaware, and you consent to such jurisdiction and venue.

16. General

16.1 Assignment
You may not assign or transfer these Terms, or any rights or obligations herein, without our prior written consent. We may freely assign or transfer these Terms without restriction.

16.2 Entire Agreement
These Terms, together with any applicable Enterprise Agreement or other written agreement between you and us, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous understandings and agreements.

16.3 Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

16.4 Waiver
No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.5 Force Majeure
Neither party will be liable for any delay or failure to perform obligations under these Terms if the delay or failure results from events beyond the reasonable control of that party, including acts of God, natural disasters, war, riot, labor disputes, or governmental actions.

16.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

By installing, accessing, or using Ale, you acknowledge that you have read, understood, and agree to these Terms of Service.

Last Updated: February 10, 2025

Terms of service