Free Credit and Giveaway Terms

The short version. Free credit is a promotional gift, not money. It can only be spent on Promigence compute, it expires, it is one per person, and we can reduce, pause, withdraw or take back unused free credit at any time, for any reason, including when demand is higher than the capacity we have. It does not reserve capacity and comes with no service commitment. Using free credit to abuse the service, or getting more than your share, means we remove it and may close the accounts involved.

1. What these terms cover#

These terms apply to every credit we give without payment ("free credit"), including: credit offered when you sign up and claim it, credit added when you add a card, credit from an invite code, credit won in a giveaway or campaign, and any other promotional or referral credit. "We", "us" and "Promigence" mean Promigence AI, Inc. "You" means the person who claims or receives the credit and, where you act for an organization, that organization too.

You accept these terms when you claim, receive or use free credit. If another agreement you have with us says something different about free credit, these terms decide, unless that agreement is a signed contract that names these terms and says otherwise.

2. Free credit is not money#

• It has no cash value. It cannot be exchanged, refunded, withdrawn, paid out, sold, traded, transferred to another account or person, or combined with another account's credit.
• It is not a deposit, a stored-value product, a gift card or a balance we owe you.
• It only pays for usage of Promigence compute at our published per-second prices (sandbox time, builds and data out). It does not pay plan fees, taxes, support or any other charge.
• Free credit is used before your card. The credit that expires soonest is used first.

3. Expiry#

Every free credit expires. The expiry date is shown when you claim it and in your account. It may be a fixed date, a number of days after you claim, or both, in which case the earlier one applies. Unused free credit is removed automatically when it expires and is not replaced. We do not extend expiry for time the service was unavailable, slow, limited or paused, or for time you did not use it.

4. We may change, pause or take back free credit at any time#

To the fullest extent the law allows, we may at any time, with or without notice, and for any reason or no reason:

• reduce, suspend, cancel, withdraw or take back (claw back) any unused free credit, in whole or in part, on one account or on all accounts;
• shorten the time left before free credit expires;
• hold a claim for review, delay it, or decline it;
• change, pause, limit or end any offer, giveaway or campaign, including before it is fully given out;
• limit how many people can claim an offer, and stop accepting claims once that limit is reached.

Reasons we might do this include, without limitation: demand for the service is higher than our available capacity; the cost of providing free usage changes; suspected abuse or breach of these terms; legal or regulatory reasons; or a change to our business. We have no obligation to give you anything in return.

5. No guarantee of capacity, access or performance#

Free credit does not reserve or guarantee capacity. Accounts using free credit may be queued, rate limited, limited in concurrency, session length, sandbox size or region, given lower priority than paying customers, or paused, at any time, especially when demand is high. A giveaway or offer that attracts more people than we can serve may be served slowly, partly, or not at all. If you cannot use your free credit before it expires for any reason, including capacity limits, outages, maintenance, account review or changes to the service, we owe you nothing for it.

Promigence is in beta. Usage paid with free credit carries no service-level agreement and no uptime, speed or support commitment.

6. Who can get free credit#

• You must be at least 18 years old and able to enter a contract, and, if you act for an organization, authorized to accept these terms for it.
• You must not be located in, or a resident or national of, a country or region subject to comprehensive sanctions, and must not be on, or owned or controlled by someone on, a government restricted-party list.
• One free credit offer per person. We decide what counts as the same person, using the information described in section 9, including the account, the email address, the GitHub account, the payment card, the device and the network. A second account for the same person gets no free credit.
• Free credit needs a work or personal email address. Accounts registered with a private-relay, forwarding or disposable email address may get no free credit without a card.
• We may require a card or other verification before free credit is granted or used.

7. Card credit#

Credit offered for adding a card needs a valid credit or debit card in your name; prepaid cards do not qualify. It is given once per card and once per person, whichever account the card is added to. Adding a card does not charge it for that credit; you are charged only for usage after your free credit is used up, and for any plan you choose, at our published prices.

8. What you must not do#

You must not, and must not help anyone to:

• create or use more than one account, or other people's details, to get more free credit than one person's share;
• use scripts, bots or automated sign-ups or claims, or hide or change your identity, device or location to get free credit;
• sell, rent, trade or give away accounts, invite codes, claim links or free credit;
• use free credit for cryptocurrency mining, attacking or scanning other systems, sending spam, anything illegal, or anything our acceptable use rules or other agreements with us forbid;
• get around any limit we set on free usage.

If we believe you have broken these terms, we may remove all your free credit, decline current and future claims, suspend or close the accounts involved, and, where free credit was obtained or used in breach of these terms, charge you for the usage it paid for at our published prices.

9. How we check claims#

To keep free credit to one per person and to stop abuse, when you sign in, claim free credit or add a card we record: your account and email address, your GitHub account where you sign in with it, a one-way hash of your computer's identifier sent by our command-line tool, a random identifier for your installation of it, a hash of your browser's characteristics computed on our claim page, your IP address and the network block it belongs to, whether your connection appears to come through a VPN, proxy or hosting provider, the technical fingerprint of your connection, and the fingerprint and funding type of your card (for example, whether it is prepaid) as our payment provider reports them. We use this only to decide and review free credit, prevent fraud and abuse, and keep the service secure. We do not sell it. Apart from the fraud checks that our sign-in and payment providers run on their own services, we do not use a third-party fingerprinting service. A claim may be held for review based on these checks. Our decision on a claim is final. Our Privacy Policy explains how we handle this information.

10. Giveaways and campaigns#

• No purchase is necessary to enter, and buying anything does not improve your chances.
• Recipients are chosen by us, at our discretion, based on the criteria stated when the giveaway is announced (for example, a description of what you are building). It is not a lottery or a game of chance. We do not have to explain a decision.
• The number of recipients stated is a maximum, not a promise. We may choose fewer people, end or change a giveaway early, or cancel it, including if it attracts more people than we can serve.
• The prize is only the free credit stated, under these terms. It is linked to the account we name (for example, the GitHub account you gave us) and must be claimed by the deadline we state, or it is lost. It cannot be transferred or exchanged for anything else.
• We may disqualify anyone who breaks these terms or the giveaway's rules, or whose entry looks automated, duplicated or ineligible.
• We will not publish your name or account as a recipient without your permission.
• Giveaways are run by us alone. They are not sponsored, endorsed or administered by X, GitHub or any other platform where they are announced or entered, and those platforms are not responsible for them.
• Void where prohibited or restricted by law. You are responsible for any taxes on what you receive.

11. No warranty#

To the fullest extent the law allows, free credit and the usage it pays for are provided "as is" and "as available", without any warranty of any kind, express or implied, including fitness for a particular purpose, availability, performance, or that the service will be uninterrupted, secure or free of errors.

12. Limitation of liability#

To the fullest extent the law allows, we are not liable for any loss or damage arising from free credit, a giveaway, or our decision to grant, hold, decline, reduce, pause, withdraw or take back free credit, or to end an offer, including any loss of data, profits, opportunity, business or goodwill, or any indirect, incidental, special or consequential damages. Where liability cannot be excluded, our total liability arising from free credit and giveaways is limited to the amount you paid us for Promigence in the 12 months before the claim arose. Free credit itself counts as zero in that amount.

Nothing in these terms limits liability that the law does not allow to be limited, or removes rights you have as a consumer that cannot be waived under the law of the place where you live.

13. Changes to these terms#

We may change these terms at any time. The version and date are at the top of this page. A change applies to free credit claimed after it is published, and to free credit you already hold once we tell you about it or 14 days after we publish it, whichever is first. If you do not agree to a change, stop using your free credit; it expires as stated.

14. Law and disputes#

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Any dispute about them will be brought only in the state or federal courts located in Delaware, and you and we consent to those courts' jurisdiction, except where the law of the place where you live as a consumer gives you the right to bring proceedings there.

15. Contact#

Promigence AI, Inc.
490 Post St Ste 500, PMB 2258
San Francisco, CA 94102
United States
support@promigence.ai

If any part of these terms cannot be enforced, the rest still applies. If we do not enforce a part of these terms at one time, we may still enforce it later.