Terms of Service

1. General

Welcome to KellyCloud, the multi-cloud distribution platform and related services (the “Service”) operated by Kelly Cloud Services Pte Ltd (“we”, “us”). By registering for, logging into or otherwise using the Service you confirm that you have read, understood and agree to be bound by these Terms of Service (the “Terms”). If you do not agree, please do not use the Service.

2. Accounts and eligibility

1. You must have full legal capacity and open a reseller account in the name of a company or other lawfully operating entity, providing true, accurate and complete registration details and keeping them up to date.

2. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorised use.

3. We may review accounts for risk-control purposes and may reasonably request additional supporting documents.

3. The Service

1. The Service provides resellers with distribution channels for Alibaba Cloud, Tencent Cloud, AWS, Huawei Cloud, Google Cloud, BytePlus and other providers, together with self-service billing, top-up, credit control and commission settlement.

2. Product features, service levels and regional availability are as described by each cloud provider; we make no express or implied warranty regarding the providers' products.

3. We may adjust, suspend or discontinue features as business requires and will notify you through platform announcements or email.

4. Fees, settlement and refunds

1. There is no minimum commitment and no ramp target; specific discounts are governed by the cooperation agreement signed by both parties.

2. Customer top-ups are prepaid per order; monthly settlement may be requested for special invoices confirmed by us in writing.

3. Available balances may be refunded to the original payment channel; consumption already incurred on cloud resources is non-refundable.

4. Commissions are credited per order in real time and may be withdrawn at any time; arrival times depend on the payment channel.

5. Acceptable use

You must not use the Service for any activity that breaches applicable law, infringes third-party rights, endangers network security or violates the cloud providers' usage policies, including without limitation spamming, distributing malicious code, crypto-mining, proxy attacks or distributing infringing content. We may suspend or terminate the Service in such cases and reserve all legal remedies.

6. Data and privacy

We collect and process your personal data in accordance with our Privacy Policy. You warrant that end-customer information you provide to us has been lawfully obtained and that you comply with the data-protection requirements of your jurisdiction.

7. Intellectual property

The Service and its software, interfaces, text, graphics and trademarks are protected by intellectual-property law. You may not copy, modify, reverse-engineer or otherwise commercially exploit them without our written permission. Cloud providers' trademarks and logos belong to their respective owners.

8. Disclaimer and limitation of liability

1. The Service is provided “as is”. We are not liable for losses caused by cloud-provider outages, network interruptions, force majeure or your own acts.

2. To the maximum extent permitted by law, our total liability to you is limited to the fees you actually paid to us in the twelve months preceding the dispute and excludes any indirect, incidental, punitive or loss-of-profit damages.

9. Termination

You may stop using the Service and request account closure at any time; we may terminate the Service if you breach these Terms or applicable law. Outstanding balances and commissions upon termination are handled under Section 4.

10. Governing law and disputes

These Terms are governed by the laws of the Republic of Singapore. Disputes shall first be resolved through good-faith negotiation; failing that, they shall be referred to arbitration administered by the Singapore International Arbitration Centre (SIAC) under its rules then in force, seated in Singapore and conducted in English.

11. Changes to the Terms

We may update these Terms from time to time. Updated Terms take effect upon publication on the platform; continued use after an update constitutes acceptance.

12. Contact

Questions about these Terms: claire@kelly.cloud.