Terms of Service

By creating an account, deploying a virtual machine, calling our API, or otherwise using the Service, you agree to be bound by these Terms. 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 that entity to these Terms, in which case "you" refers to that entity.

You must be at least eighteen (18) years old to register for an account or use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. The account holder is responsible for all activity under their account, including activity by any other person they allow to access it.

You must provide accurate registration information and keep it current. You are responsible for safeguarding your account credentials, API keys, and any actions taken using them, whether or not you authorized those actions.

You must notify us within seventy-two (72) hours of becoming aware of any unauthorized access or suspected key compromise by emailing [email protected]. We may suspend the account or rotate keys to contain the incident.

You will not use the Service in violation of our Acceptable Use Policy ("AUP"), available at /acceptable-use-policy, which is incorporated into these Terms by reference. The AUP describes prohibited content, prohibited conduct, our enforcement procedure, and how to appeal an enforcement action.

We respond to credible abuse reports submitted to [email protected] within twenty-four (24) hours. We may, at our discretion, throttle, suspend, or terminate workloads we reasonably believe violate the AUP, in accordance with the enforcement procedure set out there.

You agree to pay all fees specified on our pricing pages or in your order form. Compute, storage, and network usage is metered per second and totalled at the end of each calendar month. Invoices are due thirty (30) days from issuance.

You must dispute any charge in writing within thirty (30) days of the invoice date or it will be deemed final. Past-due balances over thirty (30) days may result in suspension. Fees do not include taxes; you are responsible for all applicable taxes other than those on our net income.

For workloads on our production tiers, we target a monthly uptime of 99.99% as defined in the Service Level Agreement at /service-level-agreement. If we fall short, you may claim service credits in accordance with the procedure set out in the SLA.

Service credits are your sole and exclusive remedy for any availability failure. The SLA does not apply to scheduled maintenance windows announced at least thirty-six (36) hours in advance, nor to emergency maintenance required for security or critical operational reasons (which we will communicate as soon as practicable), nor to trial, free, or promotional services.

We may modify, update, or add features to the Service at any time. Where a change materially reduces the functionality of a generally available feature, we will use commercially reasonable efforts to provide at least ninety (90) days' advance notice by email or in-product notification, except where shorter notice is required for legal, security, or operational reasons. We are not liable for losses arising from changes made in accordance with this section.

As between you and Fortlab, you own all data you upload, generate, or process using the Service ("Customer Data"). You grant us a limited, non-exclusive, royalty-free license to host, transmit, and process Customer Data solely as necessary to provide the Service.

We do not use Customer Data to train or improve any machine learning models, and we do not sell Customer Data to third parties. For customers whose use of the Service is subject to the EU or UK General Data Protection Regulation, the Data Processing Addendum at /dpa governs our processing of personal data and is incorporated into these Terms by reference.

We maintain administrative, physical, and technical safeguards designed to protect Customer Data, including AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, and logging and monitoring. We are implementing the controls necessary for SOC 2 Type I attestation, with Type II attestation to follow over the subsequent observation period.

In the event of a Security Incident affecting your Customer Data, we will notify you without undue delay and in any event within seventy-two (72) hours of confirmation, with relevant details and remediation steps.

The Service, including all software, documentation, designs, and the Fortlab and NimbusNexus marks, is owned or used under right by Fortlab Corporation or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you under these Terms, no rights are granted to you by implication, estoppel, or otherwise. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

You may terminate your account at any time from the console. We may terminate or suspend your access for material breach of these Terms with reasonable notice when practical, or immediately if continuing access would create legal or security risk.

Following termination, we will retain Customer Data for sixty (60) days to allow export, after which it will be deleted from active systems within thirty (30) days and from backups within ninety (90) days.

The following sections survive termination: §5 (Fees, for amounts owed), §8 (Your data, with respect to data we still hold), §10 (Intellectual property), §12 (Disclaimers & limits), §13 (Indemnification), §14 (Governing law & disputes), and §17 (Miscellaneous).

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

You agree to defend, indemnify, and hold harmless Fortlab Corporation, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any law or third-party right. We will give you prompt notice of any such claim, allow you to control the defense (with counsel reasonably acceptable to us), and reasonably cooperate at your expense. You may not settle any claim that imposes any obligation or admission on us without our prior written consent.

Governing law. These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws provisions.

Arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Sheridan, Wyoming, or at another location mutually agreed by the parties.

Class action waiver. YOU AND FORTLAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class proceeding.

Jury trial waiver. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION AND PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY.

Mandatory local law. Nothing in this section is intended to deprive a customer of the protection of mandatory consumer-protection or data-protection laws of their country of residence that cannot be derogated from by contract. Where such mandatory rules apply, they apply notwithstanding the choice of Wyoming law and arbitration set out above.

Equitable relief. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

The Service is subject to US export control and economic sanctions laws, including those administered by the US Department of Commerce and the Office of Foreign Assets Control. You represent that you are not located in, and are not a national or resident of, any country or region subject to comprehensive US sanctions, and that you are not on any restricted-party list. You will not use the Service in violation of any applicable export control or sanctions law, and you will not provide access to the Service to any person or entity that would cause us to violate such laws.

Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, and pandemics. The affected party will use reasonable efforts to mitigate the effect of the event and resume performance as soon as practicable.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, including (without limitation) to a successor entity such as a separately incorporated NimbusNexus subsidiary.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Entire agreement. These Terms, together with the SLA, the DPA (where applicable), the Acceptable Use Policy, and any order form or written agreement between you and Fortlab, constitute the entire agreement between you and Fortlab regarding the Service and supersede all prior agreements.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

Relationship. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.

We may revise these Terms from time to time. The current version will always be posted at /terms-of-service with a revision date. Material changes will be announced by email at least thirty (30) days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may terminate your account before the effective date.

For questions about these Terms, contact [email protected]. For security incidents and abuse reports, contact [email protected] and [email protected] respectively. Privacy questions and data subject requests are handled per the Privacy Policy at /privacy-policy and routed to [email protected]. SLA claims are handled per the Service Level Agreement at /service-level-agreement and routed to [email protected]. We respond to inquiries at all of these addresses within two (2) business days.

Notices to Fortlab Corporation may also be sent to its registered office in Sheridan, WY, United States.