Terms of Service

Effective Date: May 1, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Ample Computer, a product of Potluck.AI Corp, ("Ample," "we," "us," or "our") and all related services (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

PLEASE READ SECTION 13 (DISPUTE RESOLUTION AND ARBITRATION) CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

1. Definitions

"Account" means the Customer account created to access the Services.

"Agent" means any artificial intelligence agent, automated process, or non-human software system that accesses or uses the Services on behalf of the Customer via API Token.

"API" means the Ample application programming interface available at api.ample.computer.

"API Token" means an authentication credential issued by Ample that grants access to the Services, including scoped tokens created for Agents.

"CLI" means the Ample command-line interface tool.

"Content" means any data, code, applications, files, or other materials stored on, processed by, or transmitted through the Services by or on behalf of the Customer.

"Effective Date" means the date these Terms become effective, as stated above.

"Organization" means the top-level entity under which Projects and API Tokens are organized.

"Project" means an isolation boundary within an Organization used to separate resources, billing, and access controls.

"Server" or "VM" means a virtual machine provisioned through the Services.

"Services" means the Ample platform including the CLI, API, compute resources, networking, storage, and all related tools and features.

2. Account Registration and Access

2.1 Account Creation

To use the Services, you must create an Account by providing accurate and complete information. You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. You are responsible for maintaining the accuracy of your Account information and must update it promptly if it changes.

2.2 API Tokens and Security

You are responsible for safeguarding all API Tokens associated with your Account. You must not share API Tokens with unauthorized parties. You are solely responsible for all activity that occurs under your Account or through your API Tokens, whether or not authorized by you, including all actions initiated by Agents operating with your API Tokens.

2.3 Agent Authorization

You may create scoped API Tokens for use by Agents. When you issue an API Token to an Agent, you authorize that Agent to perform any action permitted by the token's scopes and budget limits. You acknowledge and agree that you are fully responsible for all actions taken by any Agent using your API Tokens, regardless of whether such actions were intended, anticipated, or authorized by you. The Services' budget controls and scope limitations are tools to help manage Agent behavior, but they do not transfer or reduce your responsibility for Agent actions.

3. Services

3.1 Description of Services

Ample provides CLI-first cloud infrastructure services designed for programmatic access by both humans and AI Agents. The Services include virtual machine provisioning and management, remote command execution, networking and domain management, persistent storage, snapshot and restore capabilities, budget controls, and related features as described in our documentation.

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will provide at least 30 days notice for material changes that negatively affect existing customers, except where immediate action is required for security, legal compliance, or abuse prevention.

3.3 Service Availability

We will use commercially reasonable efforts to maintain the availability of the Services. Our target availability and any applicable service credits are set forth in our Service Level Agreement, if applicable to your plan. The Services are provided on shared infrastructure. We do not guarantee dedicated resources, specific hardware, or uninterrupted availability unless expressly stated in a separate written agreement.

3.4 Free Tier

If we offer a free tier, it is provided at our sole discretion and may be modified, limited, or discontinued at any time without notice. Free tier resources may be subject to additional restrictions, including reduced performance, limited support, and automatic suspension after periods of inactivity.

4. Billing and Payment

4.1 Pricing

The Services are billed based on usage as described in our pricing documentation at docs.ample.computer/pricing. Compute resources are metered per second with a minimum billing increment of one minute. Prices are stated in US Dollars and are exclusive of applicable taxes.

4.2 Payment

You agree to provide a valid payment method and authorize us to charge the applicable fees. Invoices are generated monthly and payment is due upon receipt. We use third-party payment processors (currently Stripe) and you agree to comply with their terms of service.

4.3 Non-Refundable Fees

All charges for the Services are non-cancellable and non-refundable, except as expressly provided in a separate Service Level Agreement or as required by applicable law. You are not entitled to any refund for unused Services, including where we terminate or modify the Services for any reason permitted under these Terms.

4.4 Budget Controls

The Services include budget control features (monthly limits, daily limits, per-server limits, and hard stops). These controls are provided as tools to help manage spending. While we will use commercially reasonable efforts to enforce budget limits, you acknowledge that due to the nature of distributed systems, brief overages may occur before enforcement takes effect. Budget controls do not constitute a guarantee that charges will not exceed specified limits. You remain responsible for all charges incurred on your Account.

4.5 Taxes

You are responsible for all applicable taxes, duties, and governmental assessments arising from your use of the Services, excluding taxes based on Ample's net income. If we are required to collect or pay taxes on your behalf, such amounts will be invoiced to you. You will promptly reimburse Ample for any taxes that Ample pays on your behalf, unless you provide satisfactory documentation that such taxes are not applicable.

4.6 Late Payment

If payment is not received within 15 days of the invoice date, we may charge interest on the outstanding balance at a rate of 1.5% per month (or the highest rate permitted by applicable law, if less). We may also suspend your access to the Services until all outstanding payments are received. If payment is not received within 30 days of the invoice date, we may terminate your Account and delete your Content. We will provide at least 7 days notice before any deletion of Content due to non-payment.

4.7 Price Changes

We may change our prices at any time. We will provide at least 30 days notice of price increases. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

5. Customer Content and Data

5.1 Ownership

You retain all rights, title, and interest in your Content. Ample claims no ownership rights over your Content. We will not access, use, or disclose your Content except as necessary to provide the Services, comply with applicable law, or as otherwise described in these Terms and our Privacy Policy.

5.2 License to Ample

You grant Ample a limited, non-exclusive license to host, store, transfer, and process your Content solely as necessary to provide the Services to you in accordance with these Terms. This license terminates when you delete your Content or close your Account.

5.3 Content Responsibility

You are solely responsible for your Content and for ensuring that your Content and use of the Services complies with all applicable laws and regulations, including without limitation data protection, intellectual property, and export control laws. You represent and warrant that you have all necessary rights and permissions to store, process, and transmit your Content using the Services.

5.4 Backups

You are responsible for maintaining independent backups of your Content. While the Services include snapshot and volume features, these are not a substitute for independent backups. Ample is not responsible for any loss of Content, regardless of cause.

5.5 Data Deletion

Upon termination of your Account, we will delete your Content within 30 days unless retention is required by applicable law. You may request earlier deletion by contacting support. We may retain de-identified usage data and aggregated statistics that do not identify you.

6. Acceptable Use and Restrictions

6.1 Acceptable Use Policy

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a material breach of these Terms.

6.2 Reselling Restriction

You may not resell, sublicense, lease, or otherwise provide access to the Services to third parties as a standalone service without our prior written consent. You may use the Services as part of a larger application or platform that you operate, provided that you remain the Account holder and remain responsible for all use of the Services under your Account.

6.3 Export Controls

The Services may be subject to export control and sanctions laws and regulations of the United States and other jurisdictions, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, or a resident or national of, any country subject to US trade sanctions or embargoes. You shall not export, re-export, or transfer the Services, or any technical data obtained through the Services, in violation of applicable export control laws. You shall not use the Services for any purpose prohibited by such laws, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

7. Suspension and Termination

7.1 Termination by Customer

You may terminate your Account at any time by destroying all resources and closing your Account through the CLI or API. You are responsible for all charges incurred through the date of termination, including charges for any resources that were not properly destroyed before Account closure.

7.2 Termination by Ample

We may terminate your Account with 30 days notice for any reason, or immediately without notice if: (a) you breach these Terms or the Acceptable Use Policy; (b) you fail to pay amounts owed; (c) your use of the Services poses a security risk to the Services or third parties; (d) your use of the Services may subject Ample to legal liability; or (e) your Account has been inactive for 12 months or more.

7.3 Suspension

We may suspend your access to the Services immediately if we reasonably believe that: (a) your use violates the Acceptable Use Policy; (b) your use poses an imminent security threat; or (c) suspension is required by law or a regulatory authority. We will provide notice of suspension as soon as reasonably practicable and will restore access promptly once the cause for suspension is resolved.

7.4 Effect of Termination

Upon termination, your right to access the Services ceases immediately. We will delete your Content in accordance with Section 5.5. Sections 4, 5.1, 8, 9, 10, 11, 12, 13, and 14 survive termination.

8. Intellectual Property

8.1 Ample IP

The Services, including all software, APIs, documentation, and trademarks, are and remain the exclusive property of Ample. These Terms do not grant you any rights to use Ample's trademarks, service marks, or logos. You may reference Ample by name in factual descriptions of your use of the Services.

8.2 Feedback

If you provide any feedback, suggestions, recommendations, feature requests, or other input regarding the Services ("Feedback"), you hereby grant Ample a worldwide, royalty-free, irrevocable, perpetual license to use, incorporate, modify, and otherwise exploit such Feedback for any purpose, including improving the Services and developing new products and features. Providing Feedback does not give you any rights in the Services or any obligation on Ample to implement or compensate you for such Feedback.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Ample DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ample DOES NOT WARRANT THAT BUDGET CONTROLS WILL PREVENT ALL OVERSPENDING OR THAT AGENTS WILL OPERATE WITHIN EXPECTED PARAMETERS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ample, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ample's TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO Ample DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Ample HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING EXCLUSIONS. IN SUCH CASE THE ABOVE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ample, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Content; (c) your violation of these Terms or the Acceptable Use Policy; (d) your violation of any applicable law or regulation; (e) any actions taken by Agents operating under your API Tokens; or (f) any third-party claims arising from any of the foregoing. You will not be required to indemnify Ample to the extent any claims result exclusively from Ample's own negligent conduct.

12. Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, failures of telecommunications or internet infrastructure, strikes, labor disputes, or governmental acts or orders. The affected party shall provide prompt notice to the other party and use commercially reasonable efforts to mitigate the impact of the force majeure event.

13. Dispute Resolution and Arbitration

13.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitration shall be conducted before a single arbitrator in San Francisco, California. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

13.2 Class Action Waiver

YOU AND Ample AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR AND Ample's RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU AND Ample EACH EXPRESSLY WAIVE YOUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision in Section 13.1 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.3 Small Claims

Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

13.4 Jury Trial Waiver

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY ARBITRATION PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14.2 Modifications

We may modify these Terms at any time by posting the revised Terms on our website or providing notice through the Services. Material changes will be communicated with at least 30 days notice. Your continued use of the Services after the effective date of modified Terms constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Services and close your Account.

14.3 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

14.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the provision.

14.5 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to insist on or enforce strict performance of any provision shall not be construed as a waiver of any provision or right.

14.6 Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, and any applicable Service Level Agreement, constitute the entire agreement between you and Ample regarding the Services and supersede all prior agreements and understandings.

14.7 Independent Contractors

The relationship between you and Ample is that of independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

14.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

14.9 Contact

Questions about these Terms should be directed to legal@ample.computer.

15. State-Specific Notices

15.1 Notice to California Consumers

Under California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to legal@ample.computer. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.2 Notice to New Jersey Consumers

If any of the provisions set forth in these Terms are held unenforceable, void, or inapplicable under New Jersey law, then such provision shall not apply to New Jersey consumers, but the rest of these Terms shall remain binding. Notwithstanding anything to the contrary, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to New Jersey consumers under the Truth-in-Consumer Contract, Warranty and Notice Act.