Hot Dev Cloud Software as a Service Agreement
Last Updated: November 27, 2025
This Software as a Service Agreement ("Agreement") is entered into between Hot Dev, LLC, a Delaware limited liability company ("Company," "we," "us," or "our") and the entity or person agreeing to these terms ("Customer," "you," or "your").
By accessing or using Hot Cloud, you 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.
1. DEFINITIONS
"Customer Data" means any data, content, code, or materials that Customer uploads, submits, or transmits to the Service.
"Documentation" means the user guides, help documentation, and other materials made available by Company describing the features and functionality of the Service.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
"Service" means the Hot Dev Cloud platform, including the web application, REST API, background workers, scheduler, and related hosted services accessible at app.hot.dev and api.hot.dev.
"Service Plan" means the pricing tier selected by Customer as described at https://hot.dev/pricing.
"Term" means the period during which Customer has an active subscription to the Service.
2. SERVICE DESCRIPTION
Company provides Hot Dev Cloud as a hosted software service accessible via web interface and REST API. The Service enables Customer to develop, deploy, and run workflow automation using the Hot programming language.
3. GRANT OF SERVICE RIGHTS
Subject to the terms of this Agreement and payment of applicable fees, Company grants Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the Term solely for Customer's internal business purposes, in accordance with the Documentation and Customer's Service Plan.
4. CUSTOMER RESPONSIBILITIES AND RESTRICTIONS
4.1 Acceptable Use
Customer is responsible for all activity under Customer's account. Customer agrees to:
a) Maintain the security of account credentials and notify Company immediately of any unauthorized access
b) Ensure all users comply with this Agreement
c) Use the Service only for lawful purposes and in compliance with applicable laws
4.2 Restrictions
Customer may not:
a) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
b) Use the Service to develop a competing product or service
c) Exceed usage limits specified in Customer's Service Plan
d) Share access credentials with unauthorized users or allow credential sharing
e) Use the Service for any illegal, harmful, or fraudulent purposes
f) Transmit malware, viruses, or harmful code through the Service
g) Conduct unauthorized security testing, penetration testing, or vulnerability scanning
h) Send spam, phishing attempts, or unsolicited messages through the Service
i) Violate third-party intellectual property rights
j) Process data in violation of applicable data protection laws
k) Circumvent or attempt to circumvent usage restrictions, rate limits, or security measures
l) Resell, redistribute, lease, or sublicense access to the Service
m) Use the Service in a manner that degrades performance for other customers
n) Store or process data subject to heightened regulatory requirements (e.g., HIPAA, PCI-DSS) without Company's prior written consent
5. CUSTOMER DATA
5.1 Ownership
Customer retains all rights, title, and interest in and to Customer Data. Nothing in this Agreement transfers ownership of Customer Data to Company.
5.2 License to Customer Data
Customer grants Company a limited, non-exclusive license to access, use, copy, and process Customer Data solely to provide and improve the Service, and as otherwise required by law.
5.3 Data Security
Company will implement and maintain reasonable administrative, technical, and physical security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. Security measures are described in our Privacy Policy at https://hot.dev/privacy.
5.4 Data Processing
Company's processing of Personal Data is governed by the Data Processing Addendum available at https://hot.dev/dpa, which is incorporated into this Agreement by reference.
5.5 Data Location
Customer Data is stored and processed in the United States unless otherwise specified in Customer's Service Plan.
5.6 Backup and Recovery
Company maintains regular backups of Service data. However, Customer is responsible for maintaining independent backups of Customer Data. Company is not liable for any loss of Customer Data.
5.7 Data Portability
Customer may export Customer Data at any time through the Service's export functionality or API. Upon termination, Customer will have thirty (30) days to export Customer Data before it is deleted.
6. THIRD-PARTY SERVICES
6.1 Integrations
The Service may integrate with third-party services (e.g., OpenAI, Anthropic, AWS, Stripe, Resend). Customer's use of third-party services is subject to the terms and policies of those third parties.
6.2 Disclaimer
Company is not responsible for the availability, accuracy, security, or performance of third-party services. Company disclaims all liability for any loss or damage arising from Customer's use of third-party services through the Service.
6.3 Customer Accounts
Customer is responsible for obtaining and maintaining any accounts, API keys, or credentials required for third-party service integrations.
7. FEES AND PAYMENT
7.1 Service Plans and Pricing
Fees are based on Customer's selected Service Plan. Current pricing is available at https://hot.dev/pricing. Company may update pricing at any time; changes will take effect at the start of Customer's next billing period.
7.2 Payment Terms
a) Payment is due in advance for each billing period (monthly or annual, as selected by Customer)
b) All fees are charged to Customer's designated payment method automatically
c) Fees are stated in U.S. dollars and are exclusive of taxes
d) Customer is responsible for all applicable taxes, duties, and government levies
7.3 Non-Payment
If payment fails or is not received within seven (7) days of the due date:
a) Company may send written notice of non-payment
b) If payment is not received within fourteen (14) days of such notice, Company may suspend access to the Service
c) Continued non-payment may result in termination of this Agreement
7.4 Refunds
All fees are non-refundable except as expressly stated in this Agreement or required by applicable law.
7.5 Usage Overages
If Customer exceeds the usage limits of their Service Plan, Company may: (a) charge overage fees as specified in the applicable Service Plan; (b) automatically upgrade Customer to an appropriate Service Plan; or (c) throttle or suspend Service access until the next billing period.
8. SERVICE LEVEL AGREEMENT
8.1 Uptime Commitment
Company will use commercially reasonable efforts to maintain 99.9% uptime for the Service during each calendar month, excluding:
a) Scheduled maintenance (with at least 24 hours advance notice when possible)
b) Emergency maintenance required to address security or stability issues
c) Circumstances beyond Company's reasonable control (see Force Majeure)
d) Customer's acts or omissions, including misconfiguration
e) Third-party service outages
8.2 Service Credits
If Company fails to meet the uptime commitment, Customer may request service credits equal to:
- 99.0% - 99.9% uptime: 10% credit of monthly fees
- 95.0% - 99.0% uptime: 25% credit of monthly fees
- Below 95.0% uptime: 50% credit of monthly fees
Credits must be requested within thirty (30) days of the incident and are limited to 50% of monthly fees. Credits are Customer's sole remedy for uptime failures.
9. TERM AND TERMINATION
9.1 Term
This Agreement begins when Customer accepts these terms (by creating an account or using the Service) and continues until terminated.
9.2 Termination by Customer
Customer may terminate this Agreement at any time by canceling the subscription through the Service or by providing written notice to support@hot.dev. Termination is effective at the end of the current billing period.
9.3 Termination by Company
Company may terminate this Agreement:
a) For convenience, with thirty (30) days written notice
b) Immediately, if Customer materially breaches this Agreement and fails to cure within fourteen (14) days of notice
c) Immediately, for non-payment as described in Section 7.3
d) Immediately, if Customer violates Section 4.2 (Restrictions)
e) Immediately, if required by law or to prevent harm to the Service or other customers
9.4 Effect of Termination
Upon termination:
a) Customer's access to the Service will cease
b) Customer may export Customer Data for thirty (30) days following termination
c) After thirty (30) days, Company will delete Customer Data in accordance with its data retention policies
d) Customer remains liable for any fees accrued before termination
e) Sections 5.1, 10, 11, 12, 13, 14, and 17-20 survive termination
10. INTELLECTUAL PROPERTY
10.1 Company IP
Company retains all rights, title, and interest in and to the Service, including all software, algorithms, interfaces, documentation, trademarks, and other intellectual property. This Agreement does not grant Customer any rights to Company's intellectual property except the limited license in Section 3.
10.2 Feedback
If Customer provides suggestions, ideas, or feedback about the Service ("Feedback"), Company may use such Feedback without restriction or compensation to Customer.
10.3 Aggregate Data
Company may collect and use aggregate, anonymized data derived from Customer's use of the Service for analytics, benchmarking, and Service improvement. Such data will not identify Customer or any individual.
11. CONFIDENTIALITY
11.1 Definition
"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
11.2 Obligations
Each party agrees to: (a) protect the other party's Confidential Information using at least the same degree of care it uses for its own confidential information; (b) not disclose Confidential Information to third parties except as necessary to perform this Agreement; and (c) not use Confidential Information for any purpose other than performing this Agreement.
11.3 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party.
12. WARRANTIES AND DISCLAIMERS
12.1 Company Warranties
Company warrants that:
a) The Service will perform substantially in accordance with the Documentation
b) Company has the right to provide the Service
c) Company will provide the Service in a professional manner consistent with industry standards
12.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
13. LIMITATION OF LIABILITY
13.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF NO FEES WERE PAID.
13.2 Exclusion of Damages
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3 Exceptions
The limitations in this Section 13 do not apply to: (a) breaches of Section 11 (Confidentiality); (b) a party's indemnification obligations; (c) gross negligence or willful misconduct; or (d) liability that cannot be limited by law.
14. INDEMNIFICATION
14.1 Customer Indemnification
Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
a) Customer's use of the Service in violation of this Agreement
b) Customer Data, including any claim that Customer Data infringes third-party rights
c) Customer's violation of applicable law
d) Customer's gross negligence or willful misconduct
14.2 Company Indemnification
Company will defend Customer from third-party claims alleging that the Service, as provided by Company, infringes such third party's intellectual property rights. Company's obligations under this section are contingent upon Customer: (a) promptly notifying Company of the claim; (b) providing reasonable cooperation; and (c) allowing Company sole control of the defense and settlement.
14.3 Remedies
If the Service is found to infringe, or if Company reasonably believes it may infringe, Company may, at its option: (a) obtain the right for Customer to continue using the Service; (b) modify the Service to be non-infringing; or (c) terminate Customer's access and refund prepaid fees for the unused portion of the Term.
14.4 Exclusive Remedy
This Section 14 states each party's sole liability and exclusive remedy for intellectual property infringement claims.
15. EXPORT COMPLIANCE
15.1 Export Laws
The Service may be subject to U.S. export control laws, including the Export Administration Regulations (EAR). Customer agrees to comply with all applicable export laws and regulations.
15.2 Prohibited Use
Customer agrees not to export, re-export, or transfer the Service, directly or indirectly:
a) To any country subject to U.S. embargo or trade sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
b) To any person or entity on the U.S. Treasury Department's Specially Designated Nationals (SDN) list, Commerce Department's Entity List or Denied Persons List, or similar restricted party lists
c) For any prohibited end use, including development of weapons of mass destruction
15.3 Representations
Customer represents that: (a) Customer is not located in a sanctioned country; (b) Customer is not on any restricted party list; and (c) Customer will not use the Service for any prohibited purpose.
16. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, terrorism, war, civil unrest, labor disputes, government actions, pandemics, internet or telecommunications failures, power outages, or cyberattacks. The affected party will promptly notify the other party and use reasonable efforts to mitigate the impact.
17. DISPUTE RESOLUTION
17.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
17.2 Arbitration
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Wilmington, Delaware. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
17.3 Class Action Waiver
Customer agrees that any arbitration or proceeding shall be limited to the dispute between Company and Customer individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17.4 Exceptions
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
18. MODIFICATIONS TO AGREEMENT
Company may modify this Agreement by posting revised terms at https://hot.dev/terms. For material changes, Company will provide at least thirty (30) days notice via email to Customer's registered email address. Customer's continued use of the Service after the effective date constitutes acceptance of the modified terms. If Customer does not agree to the modified terms, Customer must stop using the Service and may terminate this Agreement.
19. GENERAL PROVISIONS
19.1 Entire Agreement
This Agreement, together with the Privacy Policy, Data Processing Addendum, and any applicable Order Forms, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements.
19.2 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.3 Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. Failure to enforce any provision shall not constitute a waiver.
19.4 Assignment
Customer may not assign or transfer this Agreement without Company's prior written consent. Company may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.
19.5 Notices
Notices under this Agreement shall be in writing and sent to:
- To Company: support@hot.dev or Hot Dev, LLC, 1606 Headway Cir STE 9513, Austin, TX 78754
- To Customer: The email address associated with Customer's account
Notices are effective upon receipt or, for email, one business day after sending.
19.6 Relationship of Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
19.7 Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement.
19.8 Headings
Section headings are for convenience only and do not affect interpretation.
20. CONTACT INFORMATION
For questions about this Agreement or the Service:
Hot Dev, LLC 1606 Headway Cir STE 9513 Austin, TX 78754 United States
- Email: support@hot.dev
- Website: https://hot.dev
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.