Terms of Service

Last updated: May 11, 2026.

1. Service Overview

PhotonMark Cloud provides hosted and managed technology services, including dedicated WireGuard and Hysteria2 VPN, OpenClaw hosting, Hermes automation, PhotonMark Veo video generation, private storage, custom managed IT work, and future PhotonMark services that refer to these terms.

Some services are self-service and prepaid. Others are custom engagements quoted individually. Service availability, capacity, regions, features, and providers may change as infrastructure evolves.

PhotonMark Ltd. is a New Zealand company. These terms are intended to work alongside applicable New Zealand law, including consumer, fair trading, privacy, electronic messaging, and contract rules, and any mandatory laws that apply because of a customer's location or a provider's requirements.

2. Accounts and Verification

You must provide accurate account information, verify your email where required, and keep credentials secure. Account-specific support requests should be sent from the account email when possible.

3. Billing, Credits, and Renewals

Paid services are generally prepaid. VPN plans do not automatically renew unless a specific service page or checkout flow says otherwise. Credit-based services such as Veo consume credits based on actual generation settings, provider cost, and applicable markup.

Taxes, currency conversion, payment method availability, failed payment handling, and refunds may depend on Stripe and the payment methods enabled for the relevant service.

4. Acceptable Use

Do not use PhotonMark services for spam, malware, credential theft, denial-of-service activity, unauthorized scanning, fraud, illegal content, harassment, copyright infringement, evading abuse controls, or activity that damages our infrastructure, providers, users, or IP reputation.

We may suspend or terminate services immediately where abuse, legal risk, provider risk, reputation damage, payment fraud, or security compromise is detected.

5. VPN-Specific Terms

PhotonMark VPN provides dedicated WireGuard or Hysteria2 VPN instances with public IPv4 resources assigned to specific customers for the purchased term, subject to plan limits, data allowance, fair use, and abuse controls. Each instance uses one selected protocol rather than both protocols at the same time.

We check practical IPv4 reputation signals before assignment and continue monitoring reputation during and after use. Abuse or activity that damages IP reputation may lead to immediate termination without refund.

WireGuard configuration files and Hysteria2 URI/YAML profiles contain sensitive credentials. You are responsible for storing them securely and not sharing them beyond your plan allowance.

6. AI and Automation Services

OpenClaw, Hermes, and Veo depend on third-party models, APIs, queues, workers, and infrastructure. Outputs may vary and are not guaranteed to be error-free, suitable for every use, or accepted by every external platform.

You are responsible for prompts, inputs, uploaded materials, generated outputs, rights clearance, review before publication, and compliance with laws and provider policies.

7. Storage and Managed IT Services

Storage, backup, migration, server administration, and managed IT work are provided according to the specific plan or engagement. Unless a written agreement says otherwise, you remain responsible for independent backups of critical business data.

8. Refunds and Service Credits

Refunds or service credits may be offered where a paid service cannot be delivered after reasonable troubleshooting. Refunds are not available for abuse, policy breach, substantial completed use, expired terms, customer-side configuration errors, or provider limitations outside PhotonMark's control.

Nothing in these terms excludes non-excludable consumer rights that apply under New Zealand law or other mandatory consumer-protection laws. For business purchases, PhotonMark may agree terms that allocate risk differently where the law permits.

9. Changes, Suspension, and Termination

We may update these terms as services evolve. Continued use after changes are published means you accept the updated terms. You may stop using the services if you do not agree.

10. Communications and Notices

We may send account, billing, support, security, service-status, legal, and transactional messages to the email address associated with your account. Commercial marketing messages, where used, must include required sender information and unsubscribe options where applicable.

11. International and Provider Rules

Some services use international model providers, cloud APIs, hosting providers, payment processors, email providers, domain services, and customer-selected integrations. You must comply with applicable export controls, sanctions rules, platform terms, intellectual-property laws, privacy laws, and acceptable-use policies that apply to your use, inputs, outputs, content, users, and destination countries.

12. Liability

Services are provided on a best-effort operational basis unless a separate written agreement states otherwise. To the maximum extent permitted by law, PhotonMark is not liable for indirect loss, lost profits, lost data, reputational loss, provider outages, third-party platform decisions, or customer-side misconfiguration.

13. Governing Law

PhotonMark Ltd. is a New Zealand company. These terms are governed by New Zealand law, except where mandatory consumer or local laws apply.

14. Contact

For billing, support, policy, or account questions, email [email protected].