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Terms of Service

Last Updated: 2026-01-30
Effective Date: 2026-01-30

These Terms of Service are based on the Common Paper Cloud Service Agreement (Version 2.1), released under the CC BY 4.0 license.

1. Introduction

These Terms of Service ("Agreement") govern your access to and use of FreshGuard Cloud ("Service," "Platform," or "Product"), a data pipeline monitoring service operated by FreshGuard ("Provider," "we," "us," or "our").

By creating an account, accessing, or using the Service, you ("Customer," "you," or "your") agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

2. The Service

2.1 Service Description

FreshGuard Cloud is a multi-tenant SaaS platform that monitors data pipelines for freshness, schema changes, and volume anomalies. The Service includes:

  • Data source connection and monitoring
  • Freshness monitoring rules and alerts
  • Schema change detection (on applicable plans)
  • Volume anomaly detection (on applicable plans)
  • Alert notifications via email, Slack, webhooks, and other integrations
  • Team collaboration and workspace management
  • API access (on applicable plans)

2.2 Access Rights

Subject to the terms of this Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use the Service during your Subscription Period for your internal business purposes.

2.3 Technical Support

We will provide technical support in accordance with your subscription plan. Support availability and response times vary by plan tier.

2.4 Account Responsibility

You are responsible for all activities that occur under your account. You must:

  • Maintain the confidentiality of your login credentials
  • Promptly notify us of any unauthorized access or security breaches
  • Ensure that all users comply with this Agreement

3. Restrictions

3.1 Prohibited Uses

You may not:

  • Reverse engineer, decompile, or disassemble the Service
  • Sublicense, sell, or transfer access to the Service
  • Use the Service to build a competing product
  • Conduct security testing without prior written authorization
  • Use the Service for any illegal purpose or in violation of applicable laws
  • Interfere with or disrupt the Service or servers
  • Exceed any rate limits or usage quotas for your plan
  • Use the Service for high-risk activities where failure could cause personal injury or significant property damage

3.2 Suspension

We may suspend your access to the Service if you materially breach this Agreement, fail to pay fees for more than 30 days, or if your use of the Service causes degradation for other customers.

4. Customer Data

4.1 Your Data

You retain all rights to the data you submit to the Service ("Customer Data"). You grant us a limited license to use Customer Data solely to provide and improve the Service.

4.2 Data Security

We implement reasonable security measures to protect Customer Data. However, no system is completely secure, and we cannot guarantee absolute security.

4.3 Data Processing

If you submit personal data regulated by GDPR, CCPA, or similar laws, you must enter into our Data Processing Agreement before doing so.

4.4 Prohibited Data

Unless explicitly authorized, you may not submit to the Service:

  • Protected health information (PHI) under HIPAA
  • Payment card data subject to PCI-DSS
  • Government-issued identification numbers
  • Biometric data
  • Data of known children under 13 (or applicable age in your jurisdiction)

4.5 Usage Data

We may collect and analyze aggregated, anonymized usage data to maintain, improve, and promote our services. This data does not identify individual users or contain Customer Data.

5. Fees and Payment

5.1 Subscription Fees

You agree to pay the fees specified in your subscription plan. Fees are charged in advance on a monthly or annual basis depending on your billing cycle.

5.2 Free Tier

We offer a free tier with limited features and usage quotas. We reserve the right to modify or discontinue the free tier at any time with reasonable notice.

5.3 Price Changes

We may change our prices with at least 30 days' notice. Price changes take effect at the start of your next billing cycle.

5.4 Taxes

Fees do not include taxes. You are responsible for all applicable taxes, excluding taxes based on our net income.

5.5 Refunds

Fees are generally non-refundable except:

  • If we terminate for convenience, you will receive a prorated refund
  • If we materially breach this Agreement and fail to cure within 30 days
  • As otherwise required by law

6. Term and Termination

6.1 Subscription Period

Your subscription continues for the period you selected (monthly or annual) and automatically renews unless you cancel before the end of the current period.

6.2 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

6.3 Termination for Cause

Either party may terminate this Agreement:

  • For material breach if the breach is not cured within 30 days of written notice
  • Immediately if the other party becomes insolvent or bankrupt
  • Immediately if the breach is not capable of being cured

6.4 Effect of Termination

Upon termination:

  • Your right to use the Service ends immediately
  • You may request export of your Customer Data within 30 days
  • We will delete your Customer Data within 60 days unless legally required to retain it

7. Warranties and Disclaimers

7.1 Our Warranty

We warrant that the Service will perform materially as described in our documentation during your Subscription Period. Your sole remedy for breach of this warranty is to receive a prorated refund for the affected period.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 Beta Features

Beta or preview features are provided "AS IS" without warranty. We may modify or discontinue beta features at any time.

8. Limitation of Liability

8.1 Liability Cap

EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.

8.2 Excluded Damages

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Exceptions

The limitations in this Section 8 do not apply to:

  • Breaches of confidentiality obligations
  • Indemnification obligations
  • Your payment obligations
  • Violations of the other party's intellectual property rights

9. Indemnification

9.1 Our Indemnification

We will defend you against third-party claims that the Service infringes their intellectual property rights, and pay any resulting damages or settlements, provided you:

  • Promptly notify us of the claim
  • Give us sole control of the defense and settlement
  • Provide reasonable cooperation

9.2 Your Indemnification

You will defend us against third-party claims arising from:

  • Your Customer Data
  • Your breach of this Agreement
  • Your violation of applicable laws

10. Confidentiality

Each party agrees to protect the other party's confidential information using at least the same degree of care it uses for its own confidential information, and not to disclose such information except as necessary to perform this Agreement or as required by law.

11. General Terms

11.1 Governing Law

This Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For customers in the European Union, the laws of Ireland shall apply.

11.2 Dispute Resolution

Any disputes arising from this Agreement shall be resolved in the courts of Delaware (for US customers) or Ireland (for EU customers). You consent to personal jurisdiction in these courts.

11.3 Entire Agreement

This Agreement, together with any Order Forms, DPA, and referenced policies, constitutes the entire agreement between the parties and supersedes all prior agreements.

11.4 Modifications

We may modify this Agreement by posting updated terms on our website. Material changes will be communicated via email or in-app notice at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance.

11.5 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of substantially all our assets.

11.6 Severability

If any provision of this Agreement is held unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall remain in effect.

11.7 Waiver

No waiver of any provision shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

11.8 Export Compliance

You agree to comply with all applicable export control laws and regulations, including US export laws.

12. Contact

For questions about these Terms of Service, please contact us at:

This document is based on the Common Paper Cloud Service Agreement v2.1, available at commonpaper.com under CC BY 4.0 license.