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Terms of Use

The licence, plainly stated

What you may do with an image, what you may not, how updates and support work, and where our responsibility ends. Short enough to read before you launch.

01Agreement and parties

These terms are an agreement between you (the person or organisation using an image or this website) and ProvenCloud ("we", "us"). By launching an image, or by using this site, you accept them. If you are accepting on behalf of an organisation, you confirm you have the authority to do so.

02Licence to the images

For each image you obtain from us, we grant you a non-exclusive, non-transferable licence to run it on instances within cloud accounts or subscriptions that you control, for your own internal business purposes, for as long as your access to the image continues.

You may copy the image between regions of your own account, snapshot it, and build your own derived images from it for use within your organisation. You may not resell, sublicense, publish or otherwise redistribute an image or a derived image to any third party without a separate written agreement with us. Managed service providers and platform vendors who want to embed our images should contact us about a redistribution agreement.

03Third-party and open-source software

Each image bundles software that we did not write. Every component is listed in the software inventory on the image's catalog page, together with its version. Those components are licensed to you by their respective authors under their own licences (for example the GPL, Apache 2.0, MIT or BSD licences), which govern your use of them and take precedence over these terms for those components. We do not claim ownership of any of them; our work is the clean-room build, configuration, hardening and documentation around them.

04Marketplace terms

Where you obtain an image through AWS Marketplace or Azure Marketplace, the marketplace's own customer agreement and the listing's end-user licence terms also apply, and billing for the image is handled by that marketplace. If the marketplace terms and these terms conflict for a marketplace purchase, the marketplace terms prevail to the extent of the conflict.

05Billing, cancellation and refunds

Marketplace images are billed by the marketplace for the hours your instances actually run. You can stop the charge at any time by terminating the instance or cancelling the subscription: billing ends when the instance does, and nothing keeps accruing behind your back.

Because you are only ever billed for hours already consumed, we do not refund charges that have already been incurred. Billing questions and disputes on a marketplace purchase are handled by that marketplace under its own customer agreement, since it is the party that charged you. Anything that is not a billing question belongs on the support page.

06Services, packages and retainers

The services we sell alongside the images are governed by this section. A fixed-price package is delivered against the written scope on its page, or a scope agreed in writing before work starts, and that scope is the whole of what is promised.

First package: pay after delivery. On your first done-for-you package the invoice is issued after delivery, and is due within 14 days once you have had the chance to verify the work against the scope. Later packages and self-serve downloads are paid at checkout.

30-day money-back guarantee. If a fixed-price package or a self-serve download does not do what its scope says, tell us within 30 days of delivery and we refund the price in full. The guarantee covers the deliverable not matching its scope; it does not cover changes of mind after the work is done, cloud charges your account incurred, or work outside the scope.

Retainers are billed monthly in advance and can be cancelled with 30 days' notice. Yearly contracts are billed as agreed in the contract and are not refundable once the year has started, since their price already reflects the commitment. Access you grant us for any engagement is limited to the roles we name, and you may revoke it at any time; if you do so mid-engagement we deliver what the remaining access allows.

Everything we build for you is delivered into your own cloud accounts and repositories, and you own it. The scripts and templates in self-serve downloads are licensed to you for use within your own organisation, not for resale.

07Acceptable use

You are responsible for what runs on your instances and for complying with the laws that apply to you, including export control and sanctions law. You may not use an image to attack, probe or disrupt systems you are not authorised to test, to distribute malware, or to infringe anyone else's rights. You may not remove or obscure the notices, inventory files or documentation that ship inside an image.

08Updates and support

We publish patched revisions of each image, each with release notes and an updated software inventory. When an upstream fix is released for a critical CVE in shipped software, we publish a fixed revision as fast as we can. We do not modify instances you have already launched; upgrading is your action, taken on your schedule.

Support is provided as described on the support page, and security vulnerabilities are handled as described on the security page. Neither page creates a contractual service level unless we have signed a support agreement with you that says so.

09Warranties and liability

We warrant that each image is built from official sources, ships with no baked-in credentials, and matches the software inventory and security posture published on its catalog page at the time of release. Beyond that, images and this website are provided "as is", without any other warranty, express or implied, including fitness for a particular purpose or non-infringement. No image is warranted to be free of every vulnerability; the bundled software is maintained by its upstream authors.

To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential or punitive damages, or for loss of data, revenue or profit, arising from your use of an image or this site. Our total liability for any claim is limited to the amount you paid us for the image concerned in the twelve months before the claim arose. Nothing in these terms limits liability that cannot lawfully be limited.

10Termination

You may stop using an image at any time by terminating your instances. We may end your licence if you materially breach these terms and do not remedy the breach within 30 days of our written notice. On termination, your right to launch new instances from the image ends; the licences of the third-party components continue under their own terms.

11Changes to these terms

We may update these terms. The date at the side of this page shows when they last changed, and material changes are announced in the release notes of the next image revision. Continuing to launch images after a change means you accept the updated terms for those launches.

12Governing law

These terms are governed by the laws of India, and the courts of India have exclusive jurisdiction over any dispute arising from them, without prejudice to any mandatory consumer protections that apply where you are located.

13Contact

Questions about these terms go to [email protected]. A real engineer reads them, and we would rather clarify a term than argue about it.