Terms & Conditions

THIS AGREEMENT TAKES EFFECT WHEN YOU ACCEPT THE TERMS DURING SIGN-UP OR BY ACCESSING OR USING THE SERVICES (THE “EFFECTIVE DATE”). BY ACCEPTING THE TERMS DURING SIGN-UP OR BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 9(b) (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION / JURY TRIAL WAIVER IN SECTION 9(c) (THE “CLASS ACTION / JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS CUSTOMER OPTS OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

a. “AI Agent” means any artificial intelligence system, autonomous software agent, or machine learning model that accesses or uses the Services, whether directly or through integration with other systems — including agents acting through the InstaCloud CLI, API, or MCP server.

b. “Aggregated Data” means data and information related to or derived from Customer Data or Customer’s use of the Services that is used by InsForge in an aggregate and anonymized manner, including to compile statistical and performance information related to the Services.

c. “Authorized User” means Customer’s employees, consultants, contractors, agents, and AI Agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (ii) for whom access to the Services has been provisioned hereunder.

d. “Customer Data” means information, data, and other content, in any form or medium, that is submitted, posted, stored, or otherwise transmitted by or on behalf of Customer, an Authorized User, or an AI Agent through the Services — including application code, container images, database contents, objects in storage, environment variables, and secrets. For purposes of clarity, Customer Data does not include Aggregated Data.

e. “Documentation” means the user guides, CLI reference, agent skills, and other materials InsForge makes generally available describing the Services.

f. “InstaCloud IP” means the Services, the Documentation, and all software, interfaces, orchestration and provisioning logic, templates, know-how, and other technology and intellectual property used to provide the Services, together with all Aggregated Data — but excluding Customer Data.

g. “Services” means InsForge’s proprietary agent-native cloud infrastructure platform, marketed as InstaCloud, including managed compute, managed database services, object storage, application build and deployment, branch environments, secrets management, observability, and governance controls, as made available by InsForge to Authorized Users and AI Agents from time to time through the InstaCloud console, the InstaCloud CLI, the InstaCloud API, and the InstaCloud MCP server.

a. Provision of Access

Subject to and conditioned on Customer’s compliance with the terms and conditions of this Agreement, including without limitation the usage limitations applicable to Customer’s plan, InsForge will make available to Customer during the subscription period, on a non-exclusive, non-transferable (except as permitted by Section 10(d)), and non-sublicensable basis, access to and use of the Services, solely for use by Authorized Users and AI Agents.

b. Use Restrictions

Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized User or AI Agent to: (i) copy, modify, or create derivative works of any InstaCloud IP; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services; (iii) rent, lease, lend, sell, sublicense, or otherwise make the Services available to any third party except as expressly permitted by this Agreement; (iv) circumvent or attempt to circumvent any usage limitation, quota, metering, isolation boundary, or billing control; (v) use the Services to send unsolicited bulk communications, to mine cryptocurrency, or to conduct denial-of-service, port-scanning, credential-stuffing, or other attacks against any system; or (vi) use the Services or AI Agents to generate, store, or process content that violates applicable laws or regulations or infringes the rights of any third party.

c. AI Agent Responsibilities

The Services are designed for AI Agents to provision and operate infrastructure directly. Customer acknowledges and agrees that: (i) Customer is fully responsible for all actions taken by AI Agents using the Services, including the provisioning, modification, and deletion of resources and the charges those actions incur; (ii) Customer will implement appropriate monitoring and control mechanisms for AI Agents, including the governance and approval controls the Services provide for sensitive operations; (iii) Customer will ensure AI Agents comply with all applicable laws and this Agreement; and (iv) Customer will promptly address any misuse of the Services by AI Agents.

d. Credentials

Customer is responsible for safeguarding account credentials, API keys, and access tokens issued to Authorized Users and AI Agents, and for promptly revoking any credential that is lost, leaked, or no longer needed. Activity conducted with a valid credential is treated as Customer’s activity.

e. Suspension

InsForge may suspend or limit access to the Services, in whole or in part, where InsForge reasonably believes there is a threat to the security, integrity, or availability of the Services; where required by law; where Customer’s account is past due; or where Customer or an AI Agent is in material breach of this Agreement. InsForge will give Customer notice of a suspension where practicable and will restore access once the cause is resolved.

a. General

Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users and AI Agents.

b. AI Agent Management

Customer shall: (i) implement and maintain appropriate safeguards and monitoring systems for AI Agents; (ii) ensure AI Agents operate within the parameters of this Agreement; (iii) promptly investigate and remediate any unauthorized or harmful activities by AI Agents; and (iv) maintain logs and audit trails of AI Agent activities as reasonably requested by InsForge.

c. Customer Applications and End Users

Customer is solely responsible for the applications, services, and content it deploys on the Services and for its relationship with the end users of those applications, including providing them with any notices and obtaining any consents required by applicable law. InsForge has no relationship with Customer’s end users and does not provide them support.

d. Backups

The Services provide backup and branch-environment features, and InsForge encourages their use. Customer remains responsible for maintaining copies of Customer Data sufficient for its own recovery requirements.

a. Plans and Usage

The Services are offered on free and paid plans. Paid plans consist of a recurring plan charge and metered usage charges for the resources Customer and its AI Agents consume, at the plan terms and usage rates published on our pricing page or, for enterprise agreements, in the applicable order. Because AI Agents can provision resources directly, Customer is responsible for the usage charges those actions generate; the Services provide spend visibility and governance controls for that purpose.

b. Payment

Customer authorizes InsForge and its payment processor to charge the payment method on file for all fees as they become due. Fees are stated and payable in U.S. dollars, are due without offset or deduction, and, except as required by law, are non-refundable. If Customer fails to make any payment when due, InsForge may suspend the Services and charge interest on past due amounts at the lesser of 1.5% per month or the maximum rate permitted by law, together with the costs of collection.

c. Changes to Fees

InsForge may change its plan charges and usage rates with at least thirty (30) days’ notice, effective at the start of Customer’s next billing period. Continuing to use the Services after a change takes effect constitutes acceptance of the new fees.

d. Taxes

All fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, value-added, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Customer hereunder, other than taxes imposed on InsForge’s income.

a. InstaCloud IP

Customer acknowledges that, as between Customer and InsForge, InsForge owns all right, title, and interest, including all intellectual property rights, in and to the InstaCloud IP. Nothing in this Agreement grants Customer any right in the InstaCloud IP other than the limited access right in Section 2(a).

b. Customer Data

InsForge acknowledges that, as between InsForge and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to InsForge a non-exclusive, royalty-free, worldwide license to host, copy, transmit, display, and otherwise use Customer Data solely as necessary to provide and support the Services, as further limited by Section 6(c).

c. AI-Generated Content

Any content, code, configuration, or other materials generated by AI Agents using the Services shall be owned by Customer, subject to InsForge’s rights in the underlying Services and any third-party intellectual property rights.

d. Feedback

If Customer or an Authorized User provides InsForge with suggestions, bug reports, or other feedback about the Services, InsForge may use it without restriction or obligation. Feedback is provided voluntarily and is not Customer’s confidential information.

a. Confidentiality

InsForge will treat Customer Data as Customer’s confidential information and will not access, use, or disclose it except as necessary to provide the Services, as permitted by this Agreement and the DPA (as defined below), or as required by law. InsForge requires its personnel and contractors with access to Customer Data to be bound by written confidentiality obligations.

b. Security

InsForge will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data. Information about InsForge’s security practices, sub-processors, and compliance certifications is available through the InsForge Trust Center.

c. Data Processing Addendum

To the extent InsForge processes personal data on Customer’s behalf, such processing is governed by InsForge’s Data Processing Addendum (the “DPA”), which is incorporated into and forms part of this Agreement. In the event of a conflict between the DPA and the body of this Agreement with respect to the processing of personal data, the DPA controls. Notwithstanding the license granted in Section 5(b), InsForge will process Customer Data only to provide and support the Services and as otherwise set out in the DPA.

d. Sub-processors

Customer authorizes InsForge to engage third-party sub-processors — including the cloud infrastructure, database, storage, payment, and communications providers the Services are built on — to support the provision of the Services. InsForge maintains a current list of sub-processors through its Trust Center and remains responsible for their compliance with the obligations in this Agreement and the DPA.

e. Regions

Where the Services allow Customer to select a region for a service, Customer Data stored by that service resides in the selected region. Control-plane metadata about Customer’s account, projects, and resources is processed in the United States. See our Privacy Policy for details.

f. Return and Deletion of Customer Data

Upon termination or expiration of this Agreement, InsForge will, on Customer’s request, make Customer Data available for export for a limited period and will thereafter delete Customer Data in the ordinary course of operations, except to the extent retention is required by applicable law.

g. Security Incidents

InsForge will notify Customer without undue delay after becoming aware of a confirmed breach of security leading to the unauthorized disclosure of, or access to, Customer Data, consistent with the DPA.

Customer represents, warrants, and covenants that: (i) Customer owns or has the necessary rights in Customer Data; (ii) Customer will ensure Authorized Users and AI Agents operate in compliance with applicable laws; and (iii) Customer will not use AI Agents to generate content that violates applicable law or infringes third-party rights.

THE SERVICES AND THE INSTACLOUD IP ARE PROVIDED “AS IS” AND INSFORGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INSFORGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS CAN OR WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO INSFORGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS OR TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

This Agreement begins on the Effective Date and continues until terminated. Customer may terminate at any time by closing its account. Either Party may terminate for the other Party’s material breach if the breach is not cured within thirty (30) days of written notice, and InsForge may terminate immediately for non-payment or for conduct that violates Section 2(b).

On termination, Customer’s right to access the Services ends, Customer remains liable for fees accrued through the effective date of termination, and Section 6(f) governs the export and deletion of Customer Data. Sections 1, 4 (as to accrued amounts), 5, 6(a), 7, 9, and 10 survive termination.

a. Governing Law

This Agreement will be governed by the internal substantive laws of the State of Delaware, without respect to conflict of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

b. Arbitration Agreement

Any dispute arising under this Agreement shall be resolved through final and binding individual arbitration administered by the American Arbitration Association under its then-current commercial rules. Either Party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Customer may opt out of this Arbitration Agreement within thirty (30) days of accepting this Agreement by emailing info@insforge.dev with the subject line “Arbitration Opt-Out” and the account email address; opting out does not affect any other provision of this Agreement.

c. Class Action / Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND — WHERE A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION — ANY RIGHT TO A TRIAL BY JURY. DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM WILL PROCEED IN COURT AND THE REMAINDER OF SECTION 9(b) WILL CONTINUE TO APPLY TO ALL OTHER CLAIMS.

a. Entire Agreement

This Agreement, together with the DPA and any order referencing it, constitutes the sole and entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings.

b. Changes to this Agreement

InsForge may change this Agreement from time to time at its discretion with reasonable notice to Customer. The “Last updated” date at the top of this page indicates when it was last revised. Customer acknowledges that the use of AI Agents with the Services may be subject to additional regulatory requirements and agrees to comply with all applicable laws governing AI systems.

c. Notices

All notices must be in writing. Notices to InsForge must be sent to info@insforge.dev. Notices to Customer may be sent to the email address associated with Customer’s account or posted in the InstaCloud console.

d. Assignment

Customer may not assign this Agreement without InsForge’s prior written consent, except to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets. InsForge may assign this Agreement in connection with such a transaction. Any purported assignment in violation of this section is void.

e. Severability and Waiver

If any provision of this Agreement is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remainder will remain in full force. A Party’s failure to enforce any provision is not a waiver of its right to do so later.

f. Force Majeure

Neither Party is liable for any failure or delay in performance — other than payment obligations — caused by events beyond its reasonable control, including acts of God, war, civil unrest, labor disputes, governmental action, internet or utility failures, and the failure of upstream infrastructure providers.

g. Contact

Questions about this Agreement: info@insforge.dev. Technical support: support@insforge.dev.