Legal

Terms of Service

The agreement between you and NebulaProof for using our encrypted backup verification platform.

Last updated: January 8, 2026

|Effective: January 15, 2026

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1. Acceptance of Terms 2. Services Description 3. Account Terms 4. Payment Terms 5. Acceptable Use 6. Your Data 7. Service Level Agreement 8. Intellectual Property 9. Warranties 10. Limitation of Liability 11. Termination 12. Dispute Resolution

Important Notice

By accessing or using NebulaProof, you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service. Please read these terms carefully.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and NebulaProof, Inc. ("NebulaProof", "we", "us", or "our"), a Delaware corporation.

By creating an account, accessing our website, or using any NebulaProof services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

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, and "you" or "Customer" shall refer to such entity.

2. Services Description

NebulaProof provides a cryptographic proof platform for backup verification, including:

Cryptographic Proof Generation: Upload proofs, deletion certificates, residency attestations, and integrity verification
Zero-Knowledge Encryption: Client-side AES-256-GCM encryption with keys you control
Multi-Cloud Storage: Bring Your Own Cloud (BYOC) support for AWS, Azure, and GCP
Compliance Features: GDPR, HIPAA, SOC 2, and SOX compliance tooling
Auditor Portal: Read-only access for third-party compliance auditors

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with 30 days' notice for material changes.

3. Account Terms

3.1 Account Registration

You must provide accurate, complete, and current registration information
You must be at least 18 years old to create an account
One person or legal entity may not maintain multiple free accounts
You are responsible for maintaining the security of your account credentials

3.2 Account Security

You must notify us immediately of any unauthorized access or security breach
You are responsible for all activity under your account
We recommend enabling multi-factor authentication (MFA) for all accounts
Enterprise accounts must use SSO or MFA as required by their subscription tier

3.3 Password Recovery Warning

Due to our zero-knowledge encryption architecture, we cannot recover your encryption keys if you lose your password. You are solely responsible for maintaining access to your encryption credentials and recovery kit.

4. Payment Terms

4.1 Subscription Plans

Starter (Free): 10GB storage, basic features, community support
Professional ($299/mo): 1TB storage, all proof types, 48hr support SLA
Landing Bucket ($499/mo + usage): Veeam/Commvault integration, $0.15/GB ingestion
Business ($699/mo): 10TB storage, 4hr support SLA, dedicated account manager
Enterprise (Custom): Unlimited storage, 1hr support SLA, custom SLAs, BAA available

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis
Annual subscriptions receive a discount (typically 2 months free)
Usage-based charges (Landing Bucket tier) are billed monthly in arrears
All fees are non-refundable except as required by law or stated in our refund policy
Prices are exclusive of taxes; you are responsible for applicable taxes

4.3 Payment Failure

If payment fails, we will attempt to charge your payment method up to 3 times
After 7 days of failed payment, your account may be downgraded to Starter tier
After 30 days of non-payment, your account may be suspended
Data is retained for 90 days after suspension, then permanently deleted

5. Acceptable Use Policy

You May Use the Service To:

Store and verify encrypted backups of your legitimate business data
Generate cryptographic proofs for compliance and audit purposes
Integrate with your existing backup infrastructure (Veeam, Commvault, etc.)
Provide auditors read-only access to your proof records

You May NOT Use the Service To:

Store or transmit any content that is illegal, harmful, or violates third-party rights
Distribute malware, viruses, or other malicious code
Attempt to gain unauthorized access to our systems or other users' accounts
Use the Service for cryptocurrency mining or other compute-intensive non-backup tasks
Resell, sublicense, or provide the Service to third parties without written consent
Circumvent usage limits, rate limiting, or security measures
Store child sexual abuse material (CSAM) or content exploiting minors
Store content subject to ITAR, EAR, or other export control regulations without compliance

Violation of this Acceptable Use Policy may result in immediate termination without refund.

6. Your Data

6.1 Data Ownership

You retain all ownership rights to your data. We do not claim any ownership over the content you upload, store, or process through the Service. By using the Service, you grant us a limited license to host, store, and process your data solely to provide the Service.

6.2 Zero-Knowledge Architecture

Your data is encrypted client-side before transmission. We do not have access to your encryption keys and cannot decrypt your data. This means:

We cannot recover your data if you lose your encryption keys
We cannot comply with requests to produce your decrypted data
You are solely responsible for key management and backup

6.3 Data Processing

We process personal data in accordance with our Privacy Policy and, for applicable customers, our Data Processing Agreement. Enterprise customers may request a custom DPA.

7. Service Level Agreement

7.1 Uptime Commitment

Professional & Business: 99.9% monthly uptime
Enterprise: 99.99% monthly uptime (custom SLAs available)
Excludes scheduled maintenance (announced 48 hours in advance)
Excludes force majeure events and third-party outages

7.2 Support Response Times

Starter: Community support (no SLA)
Professional: 48-hour response for standard issues
Business: 4-hour response for urgent issues, 24-hour for standard
Enterprise: 1-hour response for critical issues, 4-hour for urgent

7.3 Service Credits

If we fail to meet our uptime commitment, you may request service credits:

99.0% - 99.9% uptime: 10% credit
95.0% - 99.0% uptime: 25% credit
Below 95.0% uptime: 50% credit

Credits must be requested within 30 days and are capped at 50% of monthly fees.

8. Intellectual Property

The Service, including all software, APIs, documentation, trademarks, and other intellectual property, is owned by NebulaProof or its licensors. You may not:

Copy, modify, or create derivative works of the Service
Reverse engineer, decompile, or disassemble the Service
Remove or alter any proprietary notices or labels
Use our trademarks without prior written consent

You retain all rights to your data and any custom integrations you build using our public APIs.

9. Warranties & Disclaimers

9.1 Our Warranties

We warrant that the Service will perform substantially in accordance with our documentation. If the Service fails to conform, your sole remedy is for us to use commercially reasonable efforts to correct the non-conformity or, at our option, terminate your subscription and provide a pro-rata refund.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Consequential Damages: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Liability Cap: OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Data Loss: WE ARE NOT LIABLE FOR DATA LOSS DUE TO YOUR FAILURE TO MAINTAIN ENCRYPTION KEYS OR FOLLOW PROPER BACKUP PROCEDURES.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. Annual subscriptions are non-refundable for unused portions unless required by law.

11.2 Termination by Us

We may suspend or terminate your account if you:

Breach these Terms or Acceptable Use Policy
Fail to pay fees when due (after grace period)
Engage in fraudulent or illegal activity
Pose a security risk to the Service or other users

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may export your data within 30 days of termination. After 90 days, all data will be permanently deleted and irrecoverable.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Arbitration

Any dispute arising from these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Wilmington, Delaware. You waive any right to participate in class actions.

12.3 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations. Small claims court actions are also permitted.

13. General Provisions

Entire Agreement: These Terms, along with the Privacy Policy and any order forms, constitute the entire agreement between you and NebulaProof.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Failure to enforce any right does not waive that right.
Assignment: You may not assign these Terms without our consent. We may assign our rights to an affiliate or successor.
Force Majeure: Neither party is liable for delays due to events beyond reasonable control (natural disasters, war, pandemic, etc.).
Notices: We may send notices via email or in-app notification. Legal notices to us must be sent to legal@nebulaproof.com.

14. Contact Us

If you have questions about these Terms of Service:

Legal Department

legal@nebulaproof.com

NebulaProof, Inc.
1234 Encryption Way, Suite 500
Wilmington, DE 19801
United States

Support

support@nebulaproof.com

Support Portal