Legal

NitroStack Terms of Service

Effective Date: August 17, 2026
Last Updated: August 17, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between Nitrostack Inc., a Delaware corporation ("NitroStack," "we," "us," or "our"), and the individual or legal entity accessing or using the Services ("Customer," "you," or "your").

These Terms govern your access to and use of NitroStack's websites, applications, developer platforms, hosted infrastructure, AI functionality, and related services, including NitroStack Studio, NitroStack Cloud (NitroCloud), NitroChat, and NitroStack Composer (collectively, the "Services").

By accessing or using the Services, creating an account, clicking to accept these Terms, or entering into an Order Form or other agreement that incorporates these Terms, you agree to be bound by them.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "Customer" and "you" refer to that entity.

If you do not have such authority, or if you do not agree to these Terms, you may not access or use the Services.

1. DEFINITIONS

For purposes of these Terms, the following definitions apply.

1.1 "Account"

"Account" means an account registered with NitroStack that permits access to the Services.

1.2 "Authorized User"

"Authorized User" means an individual authorized by Customer to access or use the Services under Customer's Account or organization.

1.3 "Customer Data"

"Customer Data" means data, content, code, files, documents, prompts, configurations, workflows, MCP servers, tools, resources, conversations, AI inputs and outputs, database information, API responses, credentials, tokens, and other information submitted to, stored in, transmitted through, or processed by the Services on Customer's behalf.

1.4 "Documentation"

"Documentation" means NitroStack's technical documentation, user guides, product documentation, and other materials describing the Services that NitroStack makes generally available to customers.

1.5 "Order Form"

"Order Form" means an ordering document, subscription agreement, enterprise agreement, statement of work, or similar document executed by NitroStack and Customer that identifies Services, pricing, subscription terms, or other commercial terms.

1.6 "NitroStack Technology"

"NitroStack Technology" means the Services, software, platform, interfaces, APIs, systems, infrastructure, documentation, technology, designs, algorithms, models or model integrations, workflows, features, improvements, and other technology provided or made available by NitroStack, excluding Customer Data and Third-Party Services.

1.7 "Third-Party Services"

"Third-Party Services" means third-party software, applications, APIs, AI models, model providers, databases, infrastructure, integrations, services, websites, or other technology that is not owned or controlled by NitroStack.

1.8 "Usage Data"

"Usage Data" means technical, operational, statistical, performance, diagnostic, and usage information generated through or relating to the operation and use of the Services.

2. ELIGIBILITY AND ACCEPTANCE

2.1 Eligibility

You must be at least 18 years old to create or use an Account or otherwise use the Services.

You may use the Services only if you are legally capable of entering into a binding agreement under applicable law.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

2.2 Acceptance

These Terms become effective when you:

create or use an Account;
access functionality requiring acceptance of these Terms;
click an acceptance mechanism referencing these Terms;
execute an Order Form incorporating these Terms; or
otherwise access or use the Services after being provided notice of these Terms.

2.3 Additional Agreements

Certain enterprise customers may enter into an Order Form, enterprise agreement, DPA, or other written agreement with NitroStack.

If there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement will control to the extent of the conflict.

3. THE SERVICES

3.1 Description

NitroStack provides infrastructure and development services for building, testing, deploying, operating, and delivering AI-powered and Model Context Protocol ("MCP") applications and related software.

The Services may include:

NitroStack Studio;
NitroStack Cloud/NitroCloud;
NitroChat;
NitroStack Composer;
MCP development and deployment functionality;
AI and model integrations;
application hosting;
testing and debugging functionality;
workflows and automation;
tools, resources, prompts, and related MCP functionality;
APIs and integrations; and
other features made available by NitroStack from time to time.

3.2 Changes to the Services

NitroStack may modify, improve, replace, suspend, or discontinue portions of the Services from time to time.

Changes may include:

adding or removing features;
modifying functionality;
changing technical architecture;
changing supported integrations;
modifying usage limits;
changing supported AI models;
changing infrastructure;
modifying plans; and
discontinuing obsolete or experimental functionality.

NitroStack will not materially reduce a contractual commitment contained in an executed Order Form during its applicable term except as permitted by that Order Form or applicable law.

3.3 Free and Experimental Features

NitroStack may make certain features available free of charge, on a trial basis, or as beta, preview, experimental, or early-access functionality ("Beta Features").

Beta Features may:

be incomplete;
contain errors;
change without notice;
have limited documentation;
have limited availability; or
be discontinued at any time.

Unless expressly stated otherwise in an applicable Order Form, Beta Features are provided without warranties, service-level commitments, or guaranteed availability.

4. ACCOUNTS

4.1 Account Information

You must provide accurate and reasonably current information when creating and maintaining an Account.

You are responsible for updating information necessary to keep your Account accurate.

4.2 Account Security

You are responsible for:

maintaining the confidentiality of your Account credentials;
protecting authentication credentials;
controlling access to your Account;
using appropriate security practices; and
all activity occurring through your Account that results from your failure to maintain appropriate security.

You must promptly notify NitroStack if you believe that:

your Account has been compromised;
credentials have been disclosed without authorization;
an unauthorized person has accessed the Account; or
another security incident has occurred.

4.3 Organization Accounts

Where an Account is associated with an organization, company, team, or other business entity, the organization may designate one or more administrators ("Organization Administrators").

Organization Administrators may have authority to:

add or remove Authorized Users;
assign roles and permissions;
manage organization settings;
control access to Services;
manage subscriptions;
administer billing;
manage organization resources; and
access or manage Customer Data associated with the organization's Account, subject to applicable permissions and Service functionality.

If you use the Services through an organization, the organization may control your access and certain information associated with your use of the Services.

NitroStack is not responsible for disputes between an organization and its Authorized Users concerning access, ownership, administration, or control of an organization Account.

5. AUTHORIZED USERS

Customer is responsible for all use of the Services by its Authorized Users.

Customer must ensure that its Authorized Users:

comply with these Terms;
use the Services only for lawful purposes;
protect credentials;
do not share individual credentials where prohibited;
do not circumvent access controls; and
do not use the Services in a manner that violates these Terms or applicable law.

Customer is responsible for actions and omissions of its Authorized Users to the same extent as its own actions and omissions.

6. LICENSE TO USE THE SERVICES

Subject to these Terms and any applicable Order Form, NitroStack grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription period to access and use the Services for Customer's lawful internal business or development purposes and, where expressly supported by the Services, to provide Customer's own applications or experiences to its end users.

The foregoing license does not transfer ownership of the Services or NitroStack Technology.

Customer may not:

resell the Services as a standalone service unless expressly authorized;
sublicense the Services except where expressly permitted;
copy the Services;
reverse engineer the Services except to the extent such restriction is prohibited by applicable law;
attempt to obtain source code from proprietary portions of the Services;
modify or create derivative works of proprietary NitroStack Technology;
remove proprietary notices;
circumvent technical restrictions;
interfere with the operation of the Services; or
use the Services to build a substantially similar competing platform using NitroStack's proprietary technology or confidential information.

Nothing in these Terms limits rights granted under applicable open-source licenses.

7. OPEN-SOURCE SOFTWARE

Certain NitroStack software, including portions of the NitroStack SDK or other components, may be made available under open-source licenses.

Where software is expressly distributed under an open-source license, that software is governed by the applicable open-source license rather than by provisions of these Terms that are inconsistent with that license.

These Terms do not restrict rights expressly granted to you under an applicable open-source license.

The commercial Services remain subject to these Terms even where they interact with or incorporate open-source components.

8. CUSTOMER DATA

8.1 Ownership

As between NitroStack and Customer, Customer retains all right, title, and interest in and to Customer Data.

Nothing in these Terms transfers ownership of Customer Data to NitroStack.

8.2 Limited License to NitroStack

Customer grants NitroStack a limited, worldwide, non-exclusive license to host, copy, transmit, store, process, display, modify as technically necessary, and otherwise use Customer Data solely to:

provide the Services;
operate the Services;
maintain and secure the Services;
provide support;
prevent abuse;
troubleshoot and resolve technical issues;
perform backups and disaster recovery;
comply with applicable law; and
perform other activities reasonably necessary to provide the Services.

This license will continue only for as long as reasonably necessary for the foregoing purposes and applicable retention obligations.

8.3 Customer Responsibility

Customer is responsible for:

the accuracy and legality of Customer Data;
obtaining all rights and permissions necessary to process Customer Data;
providing required notices;
obtaining required consents;
determining appropriate retention periods;
determining whether Customer Data may lawfully be processed through the Services;
complying with applicable privacy and data-protection laws; and
configuring the Services appropriately for Customer's intended use.

NitroStack does not independently determine whether Customer's processing of Customer Data complies with laws applicable to Customer.

9. CUSTOMER DATA AND PERSONAL DATA

Where Customer Data contains Personal Data, the parties' respective roles and obligations will be governed by the applicable Data Processing Addendum ("DPA") where required.

Generally:

Customer determines the purposes and means of processing Customer Data;
Customer acts as controller, business, or equivalent role where applicable;
NitroStack acts as processor, service provider, or equivalent role where applicable; and
NitroStack processes Customer Data in accordance with Customer's documented instructions and the applicable agreement.

The DPA forms part of these Terms where applicable.

If there is a conflict between these Terms and the DPA regarding the processing of Personal Data on Customer's behalf, the DPA will control to the extent of the conflict.

10. CUSTOMER CONTENT AND PUBLIC SHARING

Certain Services may allow Customer to make content, applications, deployments, MCP servers, or other resources publicly accessible.

Customer is solely responsible for determining whether to make content public.

Customer must not publicly expose:

passwords;
API keys;
authentication tokens;
private credentials;
confidential information;
Personal Data that should not be public;
security-sensitive configuration; or
other information that the Customer does not have authority to disclose.

Once Customer intentionally makes content publicly accessible, NitroStack cannot guarantee that third parties will not copy, store, redistribute, or otherwise use that content.

Customer is responsible for ensuring that publicly shared content complies with applicable law and third-party rights.

11. AI FUNCTIONALITY

11.1 AI Services

The Services may include functionality that uses artificial intelligence, machine learning, large language models, generative AI, or related technologies.

AI functionality may include:

prompt processing;
code generation;
content generation;
agent functionality;
workflow generation;
MCP configuration;
recommendations;
classification;
summarization;
conversational interfaces; and
other AI-assisted functionality.

11.2 AI Inputs

When Customer uses AI functionality, information necessary to process the request may be transmitted to the applicable AI model provider.

Depending on the feature and configuration, such information may include:

prompts;
instructions;
context;
files;
code;
tool results;
application information; and
other information included in the AI request.

NitroStack currently uses OpenRouter for AI model routing and may support other AI providers or model-routing services.

The applicable provider may vary depending on the model selected or configured by the Customer.

11.3 Third-Party Model Providers

AI model providers are Third-Party Services.

Their services may be subject to separate:

terms;
privacy policies;
retention policies;
security practices;
model-training policies; and
other contractual conditions.

NitroStack does not control the independent policies of every model provider.

Customer is responsible for reviewing and complying with the applicable terms of Third-Party Services used through the Services.

11.4 No Training on Customer Data

NitroStack does not use Customer Data to train generalized AI models.

This does not prevent NitroStack from:

processing Customer Data to provide the Services;
transmitting AI inputs to applicable model providers;
using properly aggregated or anonymized operational information;
maintaining logs and security records; or
performing other processing permitted by these Terms or the applicable DPA.

11.5 AI Outputs

AI-generated outputs may be:

inaccurate;
incomplete;
misleading;
outdated;
biased;
unsuitable for a particular purpose;
insecure;
similar to outputs generated for other users; or
inappropriate for a particular use case.

Customer is solely responsible for reviewing, testing, validating, and determining whether AI-generated outputs are suitable for Customer's intended use.

Customer must not rely solely on AI-generated output where human review or professional judgment is required.

NitroStack does not represent or warrant that AI-generated outputs will be accurate, unique, reliable, complete, or suitable for any particular purpose.

12. MCP SERVERS, TOOLS, CONNECTORS, AND EXTERNAL SYSTEMS

NitroStack enables customers to build and operate MCP servers and connect tools, resources, APIs, databases, applications, AI models, and other systems.

Customer acknowledges that these capabilities may cause software or AI systems to:

access external data;
invoke external APIs;
execute actions;
retrieve information;
modify external systems; or
otherwise interact with third-party infrastructure.

Customer is solely responsible for:

the design and configuration of its MCP servers;
the tools and actions it exposes;
permissions granted to tools;
credentials and tokens supplied to connected systems;
authorization to access external systems;
validating tool behavior;
monitoring consequential actions; and
ensuring that its use complies with applicable law and third-party terms.

NitroStack does not assume responsibility for actions performed by Customer's applications, MCP servers, tools, agents, workflows, or connected third-party systems merely because those systems use NitroStack infrastructure.

13. THIRD-PARTY SERVICES

The Services may interoperate with Third-Party Services.

Third-Party Services may include:

AI model providers;
cloud services;
databases;
APIs;
authentication providers;
software integrations;
payment providers;
customer-selected services; and
other external platforms.

Third-Party Services are controlled by their respective providers.

NitroStack does not guarantee that Third-Party Services will:

remain available;
remain compatible;
operate without interruption;
maintain particular functionality;
preserve particular data;
satisfy Customer's requirements; or
maintain particular privacy, security, retention, or pricing practices.

Customer's use of Third-Party Services is subject to the applicable third-party terms.

14. CUSTOMER CREDENTIALS AND ACCESS TOKENS

Customer may provide or configure credentials, API keys, OAuth tokens, access tokens, or similar authentication information to enable integrations or Services functionality.

Customer represents that it has authority to provide such credentials and authorize the associated access.

Customer is responsible for:

obtaining appropriate authorization;
selecting appropriate permissions;
maintaining valid credentials;
rotating or revoking credentials where necessary;
complying with third-party requirements; and
monitoring connected access.

Customer should not provide credentials that grant broader access than reasonably necessary for the intended integration.

NitroStack will process such credentials only as reasonably necessary to provide the configured Services functionality, subject to applicable technical architecture and the applicable DPA.

15. ACCEPTABLE USE

Customer may not use, and may not permit any other person to use, the Services to:

violate any applicable law or regulation;
infringe or misappropriate intellectual property, privacy, publicity, confidentiality, or other rights of another person;
commit fraud, deception, impersonation, or financial misconduct;
distribute malware, ransomware, spyware, viruses, or other malicious code;
gain unauthorized access to systems, accounts, networks, applications, or data;
obtain, collect, or expose credentials without authorization;
conduct unauthorized security testing, scanning, exploitation, or attacks;
interfere with or disrupt the Services or related infrastructure;
circumvent authentication, access controls, rate limits, usage restrictions, or security mechanisms;
abuse APIs, model providers, connected systems, or other third-party infrastructure;
use the Services to launch attacks against third-party systems;
knowingly transmit malicious or harmful code through the Services;
use NitroStack infrastructure for cryptocurrency mining or similar resource abuse without express authorization;
use the Services to create or distribute content intended to facilitate unlawful activity;
use the Services to evade sanctions, export controls, or other legally applicable restrictions;
upload information that Customer does not have the legal right to process;
expose confidential information or credentials through public-sharing functionality;
use the Services to circumvent another service's access controls or usage restrictions;
attempt to discover or exploit vulnerabilities in NitroStack without authorization;
interfere with another customer's use of the Services; or
otherwise use the Services in a manner that materially threatens the security, integrity, availability, or lawful operation of NitroStack or third-party systems.

Nothing in this section prohibits lawful security research conducted with NitroStack's prior authorization or where expressly permitted by applicable law.

16. INTELLECTUAL PROPERTY

16.1 NitroStack Ownership

NitroStack and its licensors own all right, title, and interest in and to:

NitroStack Technology;
the Services;
NitroStack software;
platform architecture;
interfaces;
documentation;
trademarks;
logos;
designs;
proprietary technology;
improvements;
modifications; and
derivative works created by or for NitroStack,

except for Customer Data and Third-Party Services.

All rights not expressly granted to Customer are reserved by NitroStack.

16.2 Customer Ownership

Customer retains ownership of Customer Data and Customer's intellectual property.

These Terms do not grant NitroStack ownership of Customer's applications, source code, content, or other Customer-owned materials.

16.3 Feedback

Customer may provide suggestions, ideas, recommendations, or other feedback concerning the Services ("Feedback").

Customer grants NitroStack a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate Feedback into NitroStack's products and services without compensation or attribution.

Feedback does not include Customer Data or Confidential Information.

17. TRADEMARKS

Nothing in these Terms grants either party rights to the other's trademarks except as expressly authorized.

Customer may not use NitroStack's name, logos, trademarks, or branding in a manner that suggests endorsement, sponsorship, partnership, or affiliation without NitroStack's prior written consent.

NitroStack may identify Customer as a customer in its customer lists or marketing materials only where permitted by the applicable customer agreement or with Customer's consent.

18. CONFIDENTIALITY

18.1 Confidential Information

"Confidential Information" means non-public information disclosed by one party to the other that is reasonably understood to be confidential given its nature and the circumstances of disclosure.

Customer Data is Customer's Confidential Information.

NitroStack Technology and non-public information regarding NitroStack's Services are NitroStack's Confidential Information.

18.2 Obligations

The receiving party will:

use Confidential Information only for purposes permitted by the applicable agreement;
protect Confidential Information using reasonable safeguards; and
disclose Confidential Information only to personnel, contractors, advisors, or service providers who have a legitimate need to know and are bound by appropriate confidentiality obligations.

18.3 Exclusions

Confidential Information does not include information that the receiving party can demonstrate:

was already lawfully known;
becomes publicly available without breach;
is independently developed without use of Confidential Information; or
is lawfully received from a third party without confidentiality obligations.

18.4 Required Disclosure

A party may disclose Confidential Information where required by law, regulation, court order, or valid legal process, provided that, where legally permitted, it gives the other party reasonable notice and cooperates in seeking confidential treatment.

19. PRIVACY AND DATA PROTECTION

NitroStack's processing of Personal Data is described in the NitroStack Privacy Policy.

Where NitroStack processes Personal Data on behalf of Customer, the applicable Data Processing Addendum governs the parties' data-processing obligations.

Customer acknowledges that NitroStack may process:

account information;
usage information;
technical information;
security information;
billing information; and
Customer Data

as described in the Privacy Policy and applicable agreements.

The Privacy Policy and DPA are incorporated into these Terms by reference to the extent applicable.

20. SECURITY

NitroStack maintains technical and organizational measures designed to protect the Services and information processed through them.

Security measures may include:

encryption in transit;
encryption at rest;
authentication;
access controls;
role-based access controls;
OAuth;
API keys;
JWT-based mechanisms;
monitoring;
logging; and
other security controls appropriate to the Services.

NitroStack does not represent that the Services are completely secure or immune from every vulnerability or security incident.

Customer remains responsible for:

Account security;
credentials;
connected systems;
application configuration;
Customer-developed code;
MCP servers;
third-party integrations; and
security of systems under Customer's control.

NitroStack's security commitments, if any, beyond those stated in these Terms will apply only where expressly included in an executed Order Form, DPA, security agreement, or other written agreement.

21. BILLING AND FEES

21.1 Paid Services

Certain Services require payment of fees.

Applicable pricing may be described:

within the Services;
on NitroStack's website;
in an Order Form;
in an enterprise agreement; or
through another applicable commercial arrangement.

21.2 Usage-Based Fees

Where pricing depends on usage, Customer is responsible for fees associated with the applicable usage measured by NitroStack's systems.

Usage may include, depending on the applicable Service:

compute;
storage;
deployments;
requests;
model usage;
API calls;
tokens;
bandwidth;
resources;
credits; or
other metered consumption.

21.3 Subscriptions

Subscriptions may automatically renew where expressly stated in the applicable subscription terms or Order Form.

Customer authorizes NitroStack or its payment provider to charge applicable renewal or usage fees.

21.4 Taxes

Fees do not include applicable taxes, duties, levies, or similar governmental charges unless expressly stated otherwise.

Customer is responsible for applicable taxes associated with its purchase or use of the Services, excluding taxes based on NitroStack's net income.

21.5 Enterprise Pricing

Enterprise customers may be subject to negotiated pricing and payment terms contained in an Order Form or enterprise agreement.

Where an enterprise agreement conflicts with these Terms concerning pricing, billing, or payment, the enterprise agreement controls.

22. CHANGES TO PRICING AND PLANS

NitroStack may modify:

pricing;
plans;
usage limits;
included functionality;
credits;
resource limits; and
commercial offerings.

For existing paid subscriptions, NitroStack will provide notice of material pricing changes where required by applicable law or the applicable agreement.

Unless otherwise agreed, changes to pricing will apply upon the next applicable renewal or billing period.

23. REFUNDS

Unless otherwise stated in an applicable Order Form, NitroStack does not provide refunds except:

where required by applicable law;
where expressly stated in the applicable pricing terms; or
where NitroStack elects to provide a refund or credit at its discretion.

Nothing in this section limits mandatory consumer rights that cannot legally be waived.

24. SUSPENSION

NitroStack may suspend or restrict access to all or part of the Services where reasonably necessary to:

protect the security or integrity of the Services;
prevent unauthorized access;
prevent abuse;
investigate suspected violations;
address unlawful activity;
protect NitroStack or another customer;
address non-payment;
address excessive or abusive resource consumption;
comply with law or legal process;
prevent harm to third-party systems; or
enforce these Terms.

Where reasonably practicable, NitroStack will provide notice and an opportunity to remedy the issue before suspension.

NitroStack may suspend access without prior notice where immediate action is reasonably necessary to protect security, prevent abuse, comply with law, or prevent material harm.

Suspension does not relieve Customer of payment obligations accrued before suspension.

25. TERMINATION

25.1 Termination by Customer

Customer may terminate its Account or applicable subscription in accordance with the applicable Service functionality, Order Form, or subscription terms.

25.2 Termination by NitroStack

NitroStack may terminate these Terms or a customer's access to the Services where:

Customer materially breaches these Terms and fails to cure the breach within a reasonable period after notice;
Customer engages in unlawful activity;
continued use presents a material security risk;
Customer repeatedly violates these Terms;
Customer becomes insolvent or subject to applicable insolvency proceedings;
payment obligations remain materially overdue; or
NitroStack is legally required to discontinue the Services.

NitroStack may terminate immediately where continued provision of the Services would reasonably expose NitroStack to significant legal, security, or regulatory risk.

25.3 Discontinuation of Services

NitroStack may discontinue a Service or material feature where commercially or technically necessary.

Where practicable, NitroStack will provide reasonable notice of material discontinuation affecting paid customers, subject to applicable agreements.

26. EFFECT OF TERMINATION

Upon termination:

Customer's right to use the affected Services ends;
Customer must cease using the affected Services;
outstanding payment obligations remain due;
provisions intended by their nature to survive termination will continue; and
NitroStack will handle Customer Data in accordance with the applicable Privacy Policy, DPA, Order Form, and these Terms.

26.1 Data Export

Following termination, Customer will generally have 30 days to export available Customer Data using functionality provided by NitroStack, unless:

a different period is stated in an Order Form;
the applicable Service does not support export of particular information;
legal obligations require a different approach; or
security or technical limitations prevent export.

Customer is responsible for completing its export within the applicable period.

26.2 Data Deletion

Following the applicable export period, NitroStack may delete Customer Data in accordance with its retention and deletion practices.

NitroStack may retain information where reasonably necessary for:

legal obligations;
security;
fraud prevention;
dispute resolution;
accounting;
compliance;
backups;
disaster recovery; or
other legitimate purposes permitted by applicable law.

Where a DPA applies, its deletion provisions will control.

27. WARRANTIES

Each party represents that:

it has authority to enter into these Terms; and
entering into and performing these Terms does not violate an agreement binding upon it.

Subject to the foregoing, the Services are provided as described below.

NitroStack does not warrant that:

the Services will always be uninterrupted;
the Services will always be available;
the Services will be error-free;
the Services will satisfy every Customer requirement;
the Services will prevent all unauthorized access;
AI-generated content will be accurate or reliable;
AI-generated code will be secure or error-free;
Third-Party Services will remain available or compatible;
connected systems will operate correctly;
outputs will be unique;
deployments will always succeed; or
the Services will remain unchanged.

To the maximum extent permitted by applicable law, the Services are provided "AS IS" and "AS AVAILABLE."

Except as expressly stated in these Terms or an applicable Order Form, NitroStack disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of:

merchantability;
fitness for a particular purpose;
title;
non-infringement; and
uninterrupted or error-free operation.

Nothing in these Terms excludes a warranty or statutory protection that cannot legally be excluded.

28. AI-SPECIFIC DISCLAIMER

AI functionality is probabilistic and may produce outputs that are inaccurate, incomplete, inappropriate, or unsuitable for Customer's purposes.

Customer must independently review and validate AI-generated:

code;
configurations;
recommendations;
content;
decisions;
summaries;
workflows;
MCP tools;
MCP configurations;
agent behavior; and
other outputs.

NitroStack does not provide legal, medical, financial, employment, insurance, or other professional advice through AI functionality.

Customer is responsible for determining whether its use of AI functionality is appropriate for its intended application and for complying with laws applicable to that application.

29. INDEMNIFICATION BY CUSTOMER

Customer will defend, indemnify, and hold harmless NitroStack and its officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable expenses, including reasonable attorneys' fees, arising from or relating to:

Customer Data;
Customer's or an Authorized User's violation of these Terms;
Customer's unlawful use of the Services;
Customer's infringement or misappropriation of third-party rights;
Customer's applications, MCP servers, tools, workflows, or connected systems;
Customer's unauthorized access to or use of third-party systems; or
Customer's violation of applicable law.

NitroStack will promptly notify Customer of a claim subject to indemnification and provide reasonable cooperation at Customer's expense.

Customer may control the defense and settlement of the claim, provided that Customer may not settle a claim in a manner that imposes an admission of wrongdoing, obligation, or liability on NitroStack without NitroStack's prior written consent.

30. INTELLECTUAL PROPERTY INDEMNIFICATION BY NITROSTACK

NitroStack will defend Customer against a third-party claim alleging that Customer's authorized use of the proprietary NitroStack Services infringes that third party's patent, copyright, or trademark, and will pay damages finally awarded against Customer or amounts agreed in settlement by NitroStack.

NitroStack has no obligation under this section to the extent a claim arises from:

Customer Data;
Customer's modifications;
combinations with products or services not provided by NitroStack;
Customer's use of the Services in violation of these Terms;
Third-Party Services;
open-source software subject to its applicable license; or
continued use after NitroStack has provided a commercially reasonable alternative.

If a claim is likely to prevent Customer's continued use of affected Services, NitroStack may, at its option:

obtain the right for Customer to continue using the affected Services;
modify or replace the affected functionality; or
terminate the affected Services and refund applicable prepaid unused fees for the terminated period.

This section states NitroStack's entire liability and Customer's exclusive remedy for third-party intellectual-property infringement claims concerning the Services.

31. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither party will be liable to the other for:

indirect damages;
incidental damages;
special damages;
consequential damages;
exemplary damages;
punitive damages;
loss of profits;
loss of revenue;
loss of business opportunity;
loss of goodwill; or
loss of anticipated savings,

arising out of or relating to these Terms or the Services, even if the party has been advised of the possibility of such damages.

This exclusion does not apply to liabilities that cannot legally be excluded.

31.1 Liability Cap

To the maximum extent permitted by applicable law, each party's aggregate liability arising out of or relating to these Terms will not exceed the greater of:

the fees paid or payable by Customer to NitroStack for the Services giving rise to the claim during the 12 months preceding the event giving rise to the liability; or
US $100.

For customers subject to an executed Order Form or enterprise agreement containing a different liability cap, that agreement will control.

31.2 Exceptions

The foregoing limitations do not limit:

Customer's payment obligations;
Customer's indemnification obligations;
a party's fraud or willful misconduct;
liabilities that cannot legally be limited; or
any other liability expressly excluded from limitation under applicable law.

32. FORCE MAJEURE

Neither party will be liable for delay or failure to perform its obligations, other than payment obligations, to the extent caused by circumstances beyond its reasonable control.

Such circumstances may include:

natural disasters;
war;
terrorism;
civil unrest;
governmental action;
labor disputes;
telecommunications failures;
internet infrastructure failures;
cloud infrastructure failures;
power failures;
widespread cybersecurity incidents;
epidemics or pandemics; or
failures of third-party services outside the affected party's reasonable control.

The affected party will use reasonable efforts to mitigate the effects of the event.

33. EXPORT CONTROLS AND SANCTIONS

Customer must comply with applicable export-control, trade-sanction, embargo, and similar laws.

Customer may not use the Services:

in violation of applicable sanctions;
for prohibited transactions;
to facilitate prohibited exports;
for restricted parties where prohibited by law; or
in a manner that would cause NitroStack to violate applicable trade restrictions.

Customer represents that it is not knowingly using the Services in violation of applicable sanctions or export-control requirements.

34. GOVERNMENT AND REGULATED USE

The Services are general-purpose developer and AI infrastructure.

Customer is responsible for determining whether its use of the Services is subject to:

industry-specific regulations;
government requirements;
data localization requirements;
professional obligations;
sector-specific security requirements; or
other regulatory obligations.

NitroStack does not represent that the Services are designed to satisfy every industry-specific regulatory requirement unless expressly agreed in writing.

35. COMPLIANCE WITH APPLICABLE LAW

Each party will comply with laws applicable to its own activities under these Terms.

Customer is responsible for ensuring that its use of the Services, Customer Data, applications, deployments, AI functionality, and connected systems complies with applicable law.

Nothing in these Terms requires either party to perform an act that would violate applicable law.

36. AUDIT AND COMPLIANCE INFORMATION

Except where expressly agreed in an applicable DPA, enterprise agreement, or other written contract, NitroStack does not provide unrestricted audit rights.

Where legally required or contractually agreed, NitroStack may provide reasonable information concerning its processing and security practices through available documentation, security materials, questionnaires, or other reasonable means.

Nothing in this section requires NitroStack to disclose:

trade secrets;
security-sensitive information;
information concerning other customers;
confidential third-party information; or
information that would compromise the security of the Services.

37. MODIFICATIONS TO THESE TERMS

NitroStack may modify these Terms from time to time.

If NitroStack makes a material change, NitroStack may provide notice through:

the Services;
email;
the NitroStack website; or
another reasonable method.

Unless a different effective date is required by law or an applicable agreement, modified Terms become effective when posted or on the date stated in the notice.

Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

If you do not agree to a material modification, your remedy is to stop using the affected Services and, where applicable, terminate the relevant subscription in accordance with the applicable agreement.

Changes will not retroactively modify rights or obligations already accrued unless permitted by law or expressly agreed.

38. ELECTRONIC COMMUNICATIONS

You agree that NitroStack may communicate with you electronically concerning:

these Terms;
account activity;
billing;
security;
service changes;
legal notices;
support; and
other matters relating to the Services.

Electronic notices satisfy written-notice requirements to the extent permitted by applicable law.

39. NOTICES

Legal notices to NitroStack should be sent to:

Nitrostack Inc.
16192 Coastal Highway
Lewes, Delaware 19958
United States

Legal: legal@nitrostack.ai

Notices to Customer may be sent to the email address or other contact information associated with the Account or applicable Order Form.

40. ASSIGNMENT

Customer may not assign or transfer these Terms or its rights or obligations under them without NitroStack's prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of Customer's assets where the successor assumes Customer's obligations.

NitroStack may assign these Terms to:

an Affiliate;
a successor in connection with a merger or acquisition;
an entity acquiring substantially all of NitroStack's relevant assets; or
another successor to the applicable business,

without Customer's consent.

Any prohibited assignment is void.

41. NO THIRD-PARTY BENEFICIARIES

These Terms do not create any rights in third parties except where expressly stated.

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary relationship, employment relationship, or franchise between the parties.

42. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

43. WAIVER

A failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision later.

A waiver must be express and apply only to the specific instance for which it is given.

44. ENTIRE AGREEMENT

These Terms, together with:

applicable Order Forms;
the Privacy Policy;
the Data Processing Addendum;
applicable enterprise agreements; and
other documents expressly incorporated by reference,

constitute the entire agreement between the parties concerning the Services and supersede prior agreements or understandings concerning the same subject matter.

45. ORDER OF PRECEDENCE

If the following documents conflict, they will generally apply in the following order:

a separately executed enterprise agreement or master services agreement;
an applicable DPA, solely with respect to data-protection matters;
an applicable Order Form, solely with respect to the commercial terms expressly addressed therein;
these Terms;
the Privacy Policy.

An open-source license controls over these Terms with respect to software expressly distributed under that open-source license.

46. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

To the maximum extent permitted by applicable law, disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

Each party consents to the jurisdiction and venue of those courts.

Nothing in this section prevents a party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction where necessary to protect intellectual property, confidential information, security, or other rights.

Nothing in this section limits mandatory rights or protections that cannot legally be waived under applicable law.

47. SURVIVAL

The provisions that by their nature should survive termination will survive termination of these Terms, including provisions concerning:

payment obligations;
intellectual property;
Customer Data rights;
confidentiality;
indemnification;
disclaimers;
limitations of liability;
dispute resolution;
governing law; and
other provisions intended to survive termination.

48. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Nitrostack Inc.

16192 Coastal Highway
Lewes, Delaware 19958
United States

Legal: legal@nitrostack.ai

Privacy: privacy@nitrostack.ai

49. ACKNOWLEDGMENT

BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT:

YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU HAVE AUTHORITY TO ENTER INTO THESE TERMS, IF ACTING ON BEHALF OF AN ORGANIZATION;
YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS;
YOU UNDERSTAND THAT NITROSTACK PROVIDES DEVELOPER, CLOUD, AI, MCP, AND RELATED INFRASTRUCTURE AND DOES NOT CONTROL HOW YOU USE THAT INFRASTRUCTURE;
YOU ARE RESPONSIBLE FOR YOUR CUSTOMER DATA, APPLICATIONS, MCP SERVERS, TOOLS, CONNECTED SYSTEMS, AND AI-GENERATED OUTPUTS; AND
YOU WILL USE THE SERVICES IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAW.

End of Terms of Service

Nitrostack Inc.
16192 Coastal Highway
Lewes, Delaware 19958
United States

Legal: legal@nitrostack.ai
Privacy: privacy@nitrostack.ai