Last Modified: January 2025

Welcome to 100X, the website and online service of 100X ("100X," "we," or "us"). This page explains the terms by which you may use our online services, website, software, cloud computing platform, APIs, and all other services under 100X's control, provided on or in connection with the service (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement"), our Acceptable Use Policy, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. 100X reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Our Service

Eligibility

This is a contract between you and 100X. You must read and agree to these terms before using the 100X Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with 100X and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You are responsible for the acts of others using your access to the Service and will be held responsible for violations of the Service by persons who gain access using your account or shared access. Any use or access by anyone under 16 is strictly prohibited and a violation of this Agreement. The Service is not available to any users previously removed from the Service by 100X.

Limited License

Subject to the terms and conditions of this Agreement, 100X grants you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service solely for your own use, as permitted by the features of the Service. 100X reserves all rights not expressly granted herein in the Service and the 100X Content. 100X may terminate this license at any time for any reason or no reason.

User Accounts

Your account on the Service ("User Account") provides you access to services and functionalities that 100X may establish and maintain from time to time at its sole discretion. If you open a User Account on behalf of a company or other entity, then (i) "you" includes you and that entity, and (ii) you represent that you are an authorized representative with the authority to bind the entity to this Agreement. By connecting with 100X via a third-party service (such as GitHub), you authorize 100X to access and use your information as permitted by that service and to store your log-in credentials for that service.

You may never use another User's account without permission. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. Strong passwords are recommended. You must notify 100X immediately of any unauthorized access or breach of security. 100X is not liable for any losses caused by unauthorized use of your User Account.

Ephemeral Nature of Service

100X is designed for fast, ephemeral deployments. Applications deployed on 100X may be automatically terminated, scaled down, or removed based on usage patterns, resource constraints, or at 100X's discretion. You acknowledge that applications on 100X may have limited lifespans and that data persistence is not guaranteed unless explicitly provided through 100X's persistent storage features. You are responsible for backing up any data that you wish to preserve.

Changes to the Service

100X may, without prior notice, change the Service; stop providing it, or any feature of it, to you or to Users generally; or impose usage limits. We may terminate or suspend your access to the Service without notice for any reason, including a violation of this Agreement. Upon termination for any reason, this Agreement remains in effect.

2. User Content

The Service allows Users to submit, post, display, provide, or otherwise make available content, such as profile information, comments, questions, source code, logs, and other information (any such materials submitted, posted, displayed, provided, or otherwise made available on the Service by a User is referred to as "User Content").

100X claims no ownership rights over User Content created by you. The User Content you create remains yours. 100X reserves the right (but not the obligation) at its sole discretion to monitor and/or remove any User Content on the Service, including User Content that violates these terms or our Acceptable Use Policy.

In connection with your User Content, you affirm, represent, and warrant the following:

  • You have obtained, and are solely responsible for obtaining, all consents as may be required by law to post any User Content relating to third parties.
  • Your User Content and 100X's use of it as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

100X assumes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You are solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Service.

3. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "100X Content"), and all Intellectual Property Rights related thereto, are the exclusive property of 100X and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any 100X Content.

4. Paid Services

100X offers both free and paid tiers of service. Our pricing philosophy aligns cost with creativity: a free tier supports experiments and short-lived apps, usage-based pricing ensures fairness, and flat plans provide predictability for ongoing projects.

If you choose to purchase any paid services, you agree to pay the fees specified for that service. Fees are billed in advance on a monthly or annual basis, or based on usage as applicable. All fees are non-refundable except as required by law. 100X reserves the right to change its prices and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Service.

5. Free Tier

100X offers a free tier at its sole discretion. The free tier is intended solely for personal or non-commercial use, experiments, and short-lived applications. You shall not use the Services under the free tier for any commercial or production purposes that require guaranteed performance, scalability, or additional features.

We reserve the right to disable or remove any project or deployment under the free tier, with or without notice, at our sole discretion. Projects or deployments under the free tier may be shut down or terminated without notice for any reason or no reason, including but not limited to:

  • Delays or performance issues impacting other users, including, without limitation, those caused by high traffic, misuse, or malicious attacks.
  • Violation of 100X's Terms of Service, Acceptable Use Policy, or any other applicable policies.
  • Resource constraints or capacity limitations.

100X shall not be liable for any data loss, disruption, or damages resulting from the termination or suspension of projects or deployments on the free tier. If you require guaranteed performance, scalability, or additional features, we encourage you to consider upgrading to one of our paid plans.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. By using the Service, you consent to the collection and use of your information as set forth in our Privacy Policy.

7. Security

100X implements enterprise-grade security measures by default, including HTTPS, authentication, and compliance features. However, you understand and agree that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your User Content and personal information, we cannot guarantee its absolute security.

8. Indemnity

You agree to defend, indemnify, and hold harmless 100X and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

9. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 100X OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 100X, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 100X ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

11. Changes to This Agreement

100X may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

12. Contact

If you have any questions about these Terms of Service, please contact us at 100x@nomadis.com.