Terms of Service

1. Acceptance

These terms govern your use of Hinode, a cloud workstation service operated by Eternity Cat, LLC. By creating an account or using the service, you agree to them. If you do not agree, do not use Hinode.

2. Eligibility

You must be at least 16 and able to enter a binding contract. If you use Hinode for an organization, you confirm you may accept these terms on its behalf.

3. Your account

Keep your login credentials secure and your account details accurate. You are responsible for everything that happens under your account. Tell us at support@hinode.sh if you suspect unauthorized use.

4. Prepaid credit and usage

You pay for Hinode in advance: you buy credit, and everything you run is paid from it. Stripe processes payments. In these terms, a workstation is a workspace and the machines attached to it.

Credit belongs to the organization that pays for the workspace, and every workspace in that organization draws on it. An owner of the organization buys credit by card, from the minimum shown on the payment form up to the organization's tier limit.

Prices do not include tax. Where tax applies, we add it to each purchase and show it before you pay. You receive credit for the amount before tax.

Credit never expires. You cannot exchange it for cash or move it to another organization.

Compute is metered by the minute while a machine runs, storage by the gigabyte-month for as long as the volume exists, and premium stream quality by the streamed minute. We take each minute of usage from your credit at the prices shown before you start.

Active compute time starts when a machine begins running and stops when it is paused. It continues while you are disconnected if the machine is still running. We round usage up to the next whole minute. Streamed time does not count as a second compute charge.

Storage is charged separately from compute. We calculate it from the space used on each disk, in gigabytes, and the number of minutes that disk exists. We charge for the space used, not for the size of the disk. A disk starts at a set size and grows by itself as it fills. The shared folder is charged the same way, at its own rate. The rates shown before you start apply.

Storage charges begin when we create the volume and continue while it exists, including while the workstation is paused or unused. Pausing stops the compute meter, not storage charges. To stop future storage charges, delete the workstation and its storage. Charges already incurred remain due.

When your credit reaches zero, we pause your machines and stop the workspace. Your disks and files stay. Nothing starts again until you add credit. The balance can fall below zero: storage costs continue while machines are paused, and usage in the last minute before the pause is still charged.

Each month we send an invoice that lists the month's usage by workspace. Your credit pays it. We do not charge tax on it again, because you paid tax when you bought the credit. If your credit does not cover the whole invoice, we charge the rest to the card on file.

An owner can set a monthly budget. Reaching it emails the owners and stops nothing.

Usage tiers limit how much credit an organization can buy in any 30 days and how many machines it can run at once. A tier rises as payments succeed and time passes since the first one. The Billing page shows the current tier, its limits, and what the next tier needs. If a payment is disputed, we may move the organization to the lowest tier, turn off auto-recharge, and pause its machines. We may also set a different tier for an organization.

5. Auto-recharge

Auto-recharge is off unless an owner turns it on. The owner chooses a threshold and an amount. Turning it on authorizes us to charge the saved card that amount, plus any tax, each time the organization's credit falls below the threshold, without asking each time. No charge goes past the tier's 30-day limit. We send a receipt for each charge.

An owner can change or turn off auto-recharge at any time on the Billing page. Turning it off stops future charges. It does not undo charges already made.

If a charge is declined, we turn auto-recharge off, email the owners, and do not retry it. If the bank asks the cardholder to approve a charge, we turn auto-recharge off and email the owners a link to approve that one charge. Approving it does not turn auto-recharge back on. In both cases, machines keep running on the credit left until it reaches zero.

6. Refunds and your right to withdraw

Except where the law requires, payments are non-refundable.

If you are a consumer in the European Union or the United Kingdom, the law gives you the right to withdraw described below. It does not cover purchases made for a business.

You have the right to withdraw from a purchase of credit within 14 days without giving any reason. The 14 days start on the day of the purchase. Each purchase has its own 14 days, including a purchase made by auto-recharge.

Credit pays for a service that starts as soon as you pay. By clicking Pay, or by turning on auto-recharge, you ask us to start the service right away, within the 14 days. You also acknowledge that you lose the right to withdraw from a purchase once the service is fully performed, which happens when the credit from that purchase is used up. Credit is used in the order it was added.

To withdraw, send us a clear statement of your decision before the 14 days end: by email to support@hinode.sh, or by post to Eternity Cat, LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, United States. You can use the model form below, but you do not have to.

If you withdraw, you pay for the service we provided until you told us, in proportion to the whole purchase: that is the credit from that purchase you have already used. We refund the rest of the payment, with the tax on it, without undue delay and no later than 14 days after we hear from you. We refund to the card you paid with, unless you expressly agree otherwise, and you pay no fees for the refund.

Model withdrawal form. To Eternity Cat, LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, United States, support@hinode.sh:

• I hereby give notice that I withdraw from my contract for the following service: Hinode credit, bought on [date].
• Name:
• Email address of the Hinode account:
• Address:
• Date:

7. Acceptable use

You agree not to:

• Break the law or infringe others' rights.
• Mine cryptocurrency, send spam, or run denial-of-service attacks.
• Probe, breach, or disrupt the service or its security.
• Resell or share access in ways the plan does not allow.
• Store or process content you have no right to.

8. Service availability

We work to keep Hinode available and reliable, but we provide it on an as-available basis. We may change, suspend, or stop features, and we may run maintenance that interrupts service.

9. Your content, storage, and backups

You own the files, code, and data you put on your workstation. You grant us only the access we need to host, back up, and operate the service. You are responsible for keeping your own backups of anything important.

While a paid workstation remains paused, we keep its storage and continue billing it. We send periodic email reminders, normally every seven days, so you can resume the workstation or delete it if you no longer need the data.

Deleting a workstation permanently deletes its storage and files. This cannot be undone. Download or back up anything you need before deletion.

10. Intellectual property

Hinode, its software, and its branding belong to Eternity Cat, LLC, except for components we release under open-source licenses, which are governed by those licenses.

11. Suspension, non-payment, and termination

You can delete a workstation or close your account at any time. We may suspend or end your access if you break these terms or put the service or other users at risk.

If a payment for an invoice fails, we pause the organization's machines, and nothing new starts until the invoice is paid.

If an invoice remains unpaid for 30 days after the first failed payment, we will permanently delete the affected workstation, its storage, and its files. A later failed retry does not restart the 30-day period. The same applies if your credit stays below zero for 30 days, counted from the first day below zero. We will send notices to the email address on your account before deletion. Paying the invoice, or adding enough credit to bring the balance above zero, before the deadline cancels the scheduled deletion.

After termination, we may delete other account data as described in our Privacy Policy.

12. Disclaimers

Hinode is provided "as is" and "as available," without warranties of any kind, to the extent the law allows. We do not warrant that the service will be uninterrupted, error-free, or fit for a particular purpose.

13. Limitation of liability

To the extent the law allows, Eternity Cat, LLC is not liable for indirect, incidental, or consequential damages, or for lost data or profits. Our total liability is limited to the amount you paid us in the three months before the claim.

14. Changes to these terms

We may update these terms. We will post the new version here and update the date above. We will give advance notice by email or in the service before a material change takes effect, including a change to pricing, storage billing, or data deletion. The notice will state the effective date. If you keep using Hinode after that date, you accept the updated terms.

15. Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.

16. Contact

Hinode is operated by Eternity Cat, LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, United States.

Questions about these terms? Email support@hinode.sh or call +1 (302) 490-3046.