Terms of Use

Version 1.1  ·  Effective date: 3 May 2026  ·  CloudMonkey (Pty) Ltd, South Africa

1. Parties and Definitions

• CloudMonkey — CloudMonkey (Pty) Ltd, a South African company providing managed infrastructure, AI, cloud, and related services.
• Customer — the natural person or juristic person who registers an account and subscribes to a CloudMonkey plan.
• Services — bespoke managed cloud hosting, OpenClaw agent provisioning, WhatsApp bot setup, domain management, email hosting, DevOps support, marketing and content services, prepaid AI credits, and any ancillary services described on the CloudMonkey website.
• Subscription — the recurring billing arrangement selected by the Customer, comprising a once-off setup fee and a monthly retainer.
• SLA — the Service Level Agreement which sets out uptime guarantees, response time commitments, and the 30-day money-back guarantee.
• AI Credits — prepaid South African Rand wallet credits used for model-provider token usage after included fair-use allowances are depleted.

2. Acceptance of Terms

These Terms are accepted when you:

• Create an account on the CloudMonkey platform; or
• Click "Accept & Continue" on the SLA and Terms acknowledgement screen during sign-up; or
• Submit payment (card or EFT) for a CloudMonkey plan.

If you are signing up on behalf of a company or other juristic entity, you represent that you have authority to bind that entity to these Terms.

3. Services and Scope

3.1 Managed Plans

CloudMonkey offers tiered managed plans (Standard, Business, Enterprise) and bespoke service offerings. The scope of each plan, including included features, setup timelines, and pricing, is described on the pricing page at cloudmonkey.co.za/pricing. Bespoke service offerings, including marketing and content services, may be scoped separately from the main plans. Features and pricing are subject to change with 30 days' written notice to existing subscribers.

3.2 Setup Fee

A once-off setup fee is charged immediately upon subscription. This fee covers environment provisioning, configuration, and initial build work. The setup fee is non-refundable except as provided under the 30-day money-back guarantee in the SLA.

3.3 Monthly Retainer

Monthly billing commences only after CloudMonkey has confirmed that the Customer's environment is live and operational. CloudMonkey will notify the Customer in writing (email) when recurring billing begins.

3.4 30-Day Money-Back Guarantee

Subject to the conditions in the SLA, if CloudMonkey fails to deliver a functional environment within the SLA timelines and fails to resolve a qualifying critical incident, the Customer may claim a full refund of the setup fee within 30 days of payment. The money-back guarantee does not apply to monthly recurring fees.

3.5 Private Home OpenClaw

The Private Home OpenClaw plan is a consumer and family plan for up to four family members. It is intended for personal productivity, household workflows, family knowledge assistance, and non-commercial use. It is not a business hosting, resale, customer-support, or high-volume automation plan. The first R999 payment is treated as the first prepaid month, with no separate setup fee advertised for this plan.

3.6 Bespoke Service Terms

Some offerings are delivered as bespoke services rather than plan-level extras. This includes marketing and content services, ecommerce websites, hosted applications, and managed hosting packages that are scoped to a specific client or launch. Where CloudMonkey issues a separate quote, order form, statement of work, service schedule, or product-specific terms for such an offering, those specific terms apply to that offering in addition to these Terms.

If there is any conflict between these Terms and a service-specific schedule for an ecommerce website, hosting package, or other bespoke offering, the service-specific schedule governs that offering only, while these Terms continue to apply to all general platform, payment, and account obligations.

4. Fair Use, Model Providers, and Prepaid AI Credits

4.1 Integrated Model Providers

CloudMonkey services may integrate with various third-party computational model providers through OpenRouter and other supported provider channels. These providers supply token-based model capacity used by OpenClaw agents, automations, chat workflows, and related AI features. Provider availability, model names, token pricing, rate limits, and technical capabilities may change over time.

4.2 Included Fair Use

Eligible Home, Standard, and Business plans include a shared fair-use baseline for AI and automation resources. The active allowance is configured by CloudMonkey and shown in the customer dashboard when wallet reporting is enabled. Fair use is intended for ordinary interactive usage and normal business or household workflows. It does not include bulk generation, scraping, automated high-volume messaging, load testing, resale, or activity that materially exceeds ordinary plan behaviour.

4.3 Prepaid AI Credits

Once included fair use is depleted or where a model is outside the included baseline, usage requires prepaid AI Credits. Customers load ZAR credits before additional usage is consumed. CloudMonkey deducts credits according to the published CloudMonkey selling price for the selected model, calculated from upstream provider token rates plus CloudMonkey's operating premium. CloudMonkey may update selling prices when upstream provider rates or exchange rates change.

4.4 Overage Controls

CloudMonkey may pause or limit AI features when no prepaid credits are available, when usage is abnormal, or when activity creates operational, legal, security, or provider-compliance risk. Unused prepaid AI Credits remain available on the customer wallet unless the account is terminated for breach, fraud, chargeback, or unlawful use.

5. Customer Obligations

The Customer agrees to:

• Provide accurate and complete information during onboarding, including domain credentials, existing codebase access, third-party API keys, and contact details.
• Designate a single technical point of contact who is authorised to approve infrastructure changes on behalf of the Customer.
• Respond to CloudMonkey's requests for approvals and information within 2 business days. Failure to do so pauses the SLA clock.
• Not make unauthorised changes to the managed infrastructure without prior written approval from CloudMonkey.
• Keep account credentials confidential and notify CloudMonkey immediately of any suspected unauthorised access.
• Use the Services in compliance with all applicable South African laws, including the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Cybercrimes Act 19 of 2020, and the Protection of Personal Information Act 4 of 2013 ("POPIA").

6. Acceptable Use

You may not use CloudMonkey's infrastructure to:

• Host or distribute unlawful content, including content that infringes intellectual property rights.
• Conduct phishing, spam, or other deceptive practices.
• Launch denial-of-service attacks or engage in any activity that disrupts shared infrastructure.
• Store or process data in violation of POPIA or any applicable data protection law.
• Resell or sublicense CloudMonkey services without prior written consent.

Breach of the acceptable use policy may result in immediate suspension of Services without refund.

7. Payment Terms

• All prices are quoted in South African Rand (ZAR) and include VAT where applicable.
• Card payments are processed via Paystack. EFT payments must reference the unique reference code issued at sign-up.
• Monthly invoices are issued at the start of each billing cycle. Payment is due within 7 days of the invoice date.
• AI Credits are prepaid wallet credits and are consumed as token usage occurs. They are not a credit facility, loan, or post-paid billing arrangement.
• CloudMonkey reserves the right to suspend Services for accounts more than 14 days overdue and to terminate accounts more than 30 days overdue.
• Disputed invoices must be raised in writing within 7 days of the invoice date.

8. Intellectual Property

All intellectual property in the CloudMonkey platform, software, documentation, and branding remains the exclusive property of CloudMonkey (Pty) Ltd. The Customer retains ownership of all content, data, and applications hosted on the infrastructure. By using the Services, the Customer grants CloudMonkey a limited licence to access, process, and store Customer data solely to the extent necessary to deliver the Services.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• CloudMonkey's aggregate liability to the Customer for any cause of action arising out of or related to these Terms or the Services shall not exceed the total fees paid by the Customer in the 3 months immediately preceding the event giving rise to the claim.
• CloudMonkey shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of data, loss of revenue, or loss of business opportunity.
• CloudMonkey shall not be liable for service interruptions caused by force majeure events, including load-shedding, ISP outages, natural disasters, or third-party SaaS failures beyond CloudMonkey's control.

10. Indemnification

The Customer indemnifies and holds harmless CloudMonkey, its directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) the Customer's breach of these Terms; (b) the Customer's use of the Services in violation of any law; or (c) any third-party claim relating to the Customer's content or data.

11. Termination

11.1 By the Customer

The Customer may cancel their subscription at any time by providing 30 days' written notice to hello@cloudmonkey.co.za. No refunds are due for unused portions of a prepaid period except as provided under the money-back guarantee.

11.2 By CloudMonkey

CloudMonkey may terminate these Terms immediately on written notice if: (a) the Customer breaches the acceptable use policy; (b) the Customer fails to pay within the overdue period; or (c) the Customer becomes insolvent or enters business rescue. CloudMonkey may also terminate with 30 days' notice for any other reason, in which case a pro-rata refund of prepaid monthly fees will be provided.

11.3 Effect of Termination

Upon termination, CloudMonkey will provide the Customer with a 14-day data export window. After this window, all Customer data may be permanently deleted.

12. Privacy and Data Protection

CloudMonkey processes personal information in accordance with POPIA. Our full Privacy Policy is incorporated by reference into these Terms. By accepting these Terms, you also accept the Privacy Policy.

13. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of South Africa. Any dispute that cannot be resolved informally within 30 days of written notice shall be referred to mediation before either party may institute legal proceedings.

14. Changes to These Terms

CloudMonkey may update these Terms from time to time. Material changes will be communicated by email to registered Customers at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with the Privacy Policy, any applicable SLA, and any service-specific schedule or statement of work for bespoke offerings, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or understandings relating to the subject matter hereof.

16. Contact Us

For any questions regarding these Terms, please contact us at:

• Email: legal@cloudmonkey.co.za
• General enquiries: hello@cloudmonkey.co.za
• Address: South Africa