Terms of Service

1. Acceptance of Terms

By accessing or using Guara Cloud services ("Platform"), you agree to these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you should not use the Platform. These Terms constitute a binding agreement between you and Guara Cloud.

The Platform is intended for users who are at least 18 years old. By using the Platform, you represent that you have the legal capacity to enter into this agreement.

2. Service Description

Guara Cloud is a Brazilian Platform-as-a-Service (PaaS) that enables the deployment of containerized applications on managed infrastructure. Services include:

• Deployment and hosting of containers on managed infrastructure.
• Custom domains with automatic HTTPS certificates (Let's Encrypt).
• Automatic and manual service scaling.
• Persistent volumes for data storage.
• Application logs and metrics.
• Billing in Brazilian Reais (BRL) via Stripe.

The infrastructure is located in the Sao Paulo region, Brazil.

3. Account Registration and Responsibilities

• Registration is performed exclusively via OAuth authentication (GitHub or Google).
• You are responsible for maintaining the security of your access credentials and OAuth provider account.
• You must provide truthful and up-to-date information.
• Each individual or legal entity may maintain only one account on the Platform.
• You are responsible for all activities performed under your account.
• Notify us immediately in case of unauthorized use of your account.

4. Acceptable Use Policy

You agree not to use the Platform for:

• Illegal activities or activities that violate Brazilian or international law.
• Distribution of malware, viruses, spam, or malicious content.
• Cryptocurrency mining, including but not limited to mining, generating, or validating any cryptocurrency, digital currency, or blockchain token (such as Bitcoin, Ethereum, Monero, or any derivative). This prohibition applies regardless of the mining method (proof-of-work, proof-of-stake, or any other consensus mechanism) and regardless of whether mining is the primary or secondary purpose of the deployed workload. Guara Cloud actively monitors resource usage patterns and network traffic for compliance, and may immediately suspend accounts where mining activity is detected.
• Infringement of third-party intellectual property rights.
• Attacks against the Platform or third-party infrastructure (DDoS, port scanning, etc.).
• Hosting illegal, defamatory, abusive content, or content that violates third-party rights.
• Unauthorized access attempts to other tenants or Platform infrastructure.
• Reselling services without prior written authorization.

Violations of this acceptable use policy may result in immediate suspension or termination of your account, without prior notice and without right to refund.

5. Billing and Payment

5.1 Available Plans

Guara Cloud offers four subscription plans, all billed monthly in Brazilian Reais (BRL):

5.2 Billing

When checking out for paid plans, you must provide your tax ID (CPF or CNPJ), billing address, and billing name. This data is required for compliance with Brazilian tax legislation and is processed and stored exclusively by Stripe.

• All payments are processed via Stripe in BRL.
• The billing cycle is monthly, starting on the subscription date (anniversary billing).
• The Hobby plan is free and does not require a payment method. All other plans require a Stripe subscription.
• Overage charges for CPU, RAM, build minutes, and storage are available for Pro and Business plans (opt-in) and included in Enterprise. Bandwidth is not subject to overage charges.
• Bandwidth is offered as unlimited on all plans, subject to a fair-use policy of 10 TB/month per workspace. Usage above this threshold may result in support outreach to discuss infrastructure needs.

5.3 Payment Failure

In case of payment failure, the following timeline applies:

• past_due: the account enters an overdue status. Services continue running during a grace period.
• suspended: after the grace period, services are suspended (containers stopped, but data preserved).
• deleted: after a prolonged period without resolution, the account and data are permanently removed.

5.4 Cancellation

Cancellations can be made at any time through the dashboard. Cancellation takes effect at the end of the current paid period. We do not provide prorated refunds, except where required by law.

5.5 Founder Lifetime Access Program

The Founder Lifetime Access program provides lifetime access to the Guara Cloud Pro tier through a one-time payment. The following specific terms apply:

• The term "lifetime" refers to the continuous operational period of the Guara Cloud platform. Founder access remains valid for as long as the platform is in operation.
• In the event of service discontinuation, Guara Cloud will notify Founders at least 90 (ninety) days in advance via the email address registered to their account.
• During the discontinuation notice period, full access to the platform and export of all user data shall be guaranteed, in compliance with data portability rights under LGPD (Law No. 13,709/2018, Art. 18, V).
• The Founder benefit is personal and non-transferable. It cannot be resold or transferred to another account.
• Guara Cloud reserves the right to update Pro tier limits. Founders will receive the same limits as any active Pro subscriber.
• The standard 7-day refund policy, as described in the Refund Policy, applies to the Founder purchase.
• If the platform is permanently discontinued within 12 (twelve) months of the Founder purchase, the Customer shall be entitled to a pro-rata refund of the purchase price, calculated based on the remaining proportion of the 12-month period.

5.6 Hobby Plan Best-Effort Resources

The Hobby plan is provided free of charge and its resources (CPU, memory, storage, and network) are allocated on a best-effort basis. Guara Cloud does not guarantee minimum resource availability, performance levels, or capacity for Hobby plan services. Resources may be throttled, limited, or temporarily unavailable during peak usage periods or infrastructure maintenance. Hobby plan services may be subject to lower priority in resource scheduling compared to paid plans. Guara Cloud reserves the right to adjust Hobby plan resource limits at any time without prior notice.

6. Availability and SLA

We will endeavor to keep the Platform available, but do not guarantee uninterrupted availability. Business and higher plans include a specific SLA:

• Hobby: no formal SLA. Community support.
• Pro: priority support with 12-hour response SLA.
• Business: priority support with 8-hour response SLA.
• Enterprise: dedicated support with 4-hour response SLA and availability SLA negotiated by contract.

Scheduled maintenance will be communicated at least 48 hours in advance via email and platform notification.

7. Intellectual Property

Your content: you retain all intellectual property rights over the code, data, and content you deploy on the Platform. Guara Cloud does not claim any ownership of user content.

Our platform: Guara Cloud retains all rights to the Platform, including its brand, logo, interface, documentation, APIs, and underlying technology. No license or rights to Guara Cloud intellectual property are granted, except the limited right to use the Platform under these Terms.

8. Limitation of Liability

To the maximum extent permitted by Brazilian law, Guara Cloud shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Lost profits, data loss, or business interruption.
• Acts or omissions of third parties, including infrastructure and payment providers.
• Unavailability caused by force majeure, network failures, or scheduled maintenance.

Our total liability, under any circumstances, is limited to the total amount paid by the user for services in the 12 months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Guara Cloud, its directors, employees, and partners from any claims, damages, losses, costs, and expenses (including legal fees) arising from:

• Your violation of these Terms.
• Misuse of the Platform.
• Content deployed by you that infringes third-party rights.
• Violation of applicable laws or regulations.

10. Termination

10.1 By Guara Cloud

We reserve the right to suspend or terminate your account in the following cases:

• Violation of these Terms or the acceptable use policy.
• Abusive resource usage or activities that harm other users.
• Payment failure after the grace period.
• Judicial or regulatory order.

10.2 By the User

You may terminate your account at any time through the dashboard or by contacting our support. After termination:

• Your services will be stopped and containers removed.
• Data will be retained according to our Privacy Policy.
• No refund is provided for unused periods.

11. Force Majeure

Neither party shall be liable for delays or failures in the performance of their obligations resulting from events beyond their reasonable control, including but not limited to: natural disasters, wars, terrorism, pandemics, strikes, telecommunications infrastructure failures, governmental acts, or failures of third-party service providers.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, including but not limited to:

• Brazilian Civil Code (Law No. 10,406/2002).
• Consumer Protection Code (Law No. 8,078/1990), when applicable.
• Marco Civil da Internet (Law No. 12,965/2014).
• General Data Protection Law / LGPD (Law No. 13,709/2018).

13. Dispute Resolution

The parties commit to seeking amicable resolution of any disputes arising from these Terms. If amicable resolution is not possible, the Courts of Blumenau/SC, Brazil shall have exclusive jurisdiction to settle any disputes, to the exclusion of any other, no matter how privileged.

14. Changes to Terms

We may modify these Terms at any time. Significant changes will be communicated via email or platform notification at least 30 days in advance. Continued use of the Platform after changes constitutes acceptance of the new Terms.

If you do not agree with the changes, you must close your account before the new Terms take effect.

15. Contact

For questions about these Terms of Service:

• Support: Open a support ticket
• General email: [email protected]
• Privacy email: [email protected]