Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you (an individual or entity, "you," "Customer," or "your organization") and Data Science & Engineering Experts, Inc., provider of PrivateStack ("PrivateStack," "we," "us," or "our"). PrivateStack is a product of Data Science & Engineering Experts, Inc.

By accessing or using the PrivateStack platform, the BisChat workspace, our website, or any related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

2. Description of Services; Beta

PrivateStack provides enterprise AI infrastructure and workspace software that enables your organization to deploy, manage, and use large language models (LLMs) and related AI services.

2.1 Beta Services

The Services are currently offered on a beta basis. You acknowledge and agree that:

• The Services are provided "as is" and "as available" and may contain defects, errors, or interruptions.
• Features may be added, changed, limited, or removed at any time without notice.
• No service level agreement (SLA), uptime commitment, or availability guarantee applies during beta. We do not guarantee any level of performance, availability, or data durability during the beta period.
• We may impose or change usage limits, and may modify or discontinue the beta program (in whole or in part) at any time.
• You should not rely on the beta Services as your sole system of record and should maintain your own backups of critical data.

2.2 Service Dependencies

Service availability depends on factors outside our control, including your cloud provider (for customer-deployed environments), third-party AI model and inference providers, internet connectivity and network conditions, and scheduled maintenance and upgrades.

3. Account Registration and Responsibilities

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3.2 Tenant and Administrator Responsibility

Your organization's account is a tenant managed by one or more administrators ("Tenant Administrators"). You are responsible for:

• designating and managing Tenant Administrators, who control workspace configuration, user provisioning, roles, and permissions within your tenant;
• all activity that occurs under your tenant and your users' accounts, whether or not authorized by you;
• maintaining the confidentiality of account credentials and enabling multi-factor authentication;
• ensuring your users comply with these Terms and the Acceptable Use Policy; and
• notifying us promptly of any unauthorized access or suspected security breach.

We are not responsible for actions taken by your Tenant Administrators or users within your tenant, including changes to feature settings, access controls, or data.

3.3 Accurate Information

You agree to provide accurate, current, and complete registration information and to keep it updated. We may suspend or terminate accounts with false, inaccurate, or incomplete information.

4. Acceptable Use

Your use of the Services is governed by our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. You agree to use the Services only for lawful purposes and not to, among other things: use the Services for any illegal activity; create or distribute malware; harass or abuse others; attempt unauthorized access to systems or accounts; send spam or conduct phishing; infringe intellectual property rights; circumvent security features or usage limits; degrade performance for other users; or reverse-engineer the Services.

When using third-party AI models through the platform, you must also comply with the applicable provider's terms and acceptable use policies. We may investigate suspected violations and take action, including suspension, termination, and cooperation with law enforcement.

5. Customer Data

5.1 Ownership

You retain all right, title, and interest in the data, content, prompts, and materials you or your users submit to, generate through, or store in the Services ("Customer Data"). We claim no ownership of Customer Data.

5.2 License to Us

You grant us a limited, non-exclusive, worldwide license to host, access, process, transmit, and display Customer Data solely as necessary to provide, maintain, secure, and support the Services and as directed by you or your Tenant Administrators. This license terminates when Customer Data is deleted or purged as described in Section 11, except for residual copies in encrypted backups that age out per our backup rotation schedule and records we must retain by law.

5.3 No Use for Training

We do not use Customer Data to train AI models, and we do not sell Customer Data or use it for marketing. AI model and inference providers engaged to deliver the Services are used under terms that do not permit training on Customer Data. We process Customer Data only to deliver the Services and as described in our Privacy Policy. Aggregated, de-identified usage analytics may be used to improve the Services only where you have opted in.

5.4 Customer Responsibilities

You are solely responsible for: the accuracy, quality, and legality of Customer Data; obtaining all rights, permissions, and consents required to submit and process Customer Data; your compliance with applicable data protection laws; configuring access controls appropriately within your tenant; and maintaining your own backups of critical data.

6. AI Output Disclaimer

The Services use AI models that generate outputs based on inputs and probabilistic methods. AI outputs may be inaccurate, incomplete, biased, outdated, or otherwise unsuitable for your purposes, and may not be unique to you. You are solely responsible for evaluating, verifying, and deciding whether and how to use any AI output. Do not rely on AI outputs as a substitute for professional judgment or advice (including legal, financial, medical, or compliance advice). We make no warranty regarding the accuracy or reliability of AI outputs, and we are not liable for decisions or actions you take based on them.

7. Fees and Payment

Where the Services (or specific features) are offered for a fee, you agree to pay all fees for your selected plan. Unless expressly stated or required by law, fees are non-refundable, are billed in advance, are exclusive of applicable taxes (for which you are responsible), and may change on 30 days' notice. Failed or overdue payments may incur late charges of 1.5% per month (or the maximum permitted by law) and may result in suspension or termination. Certain beta features may be provided at no charge, and we may begin charging for them on notice.

Seat schedule. Each plan tier includes a defined number of seats provisioned to your Tenant: Solo / Entrepreneur includes one (1) seat; Team includes up to nine (9) seats; and Enterprise includes up to forty-eight (48) users per workspace, with multi-workspace deployments available. Unless expressly stated in an applicable order form, use of the Services beyond these seat limits requires an upgraded plan or a separate order form.

8. Intellectual Property

8.1 Our IP

We retain all right, title, and interest in the Services, including our software, model integrations, documentation, trademarks, methodologies, and reusable components, and any improvements to them. These Terms grant you no ownership of our intellectual property.

8.2 License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms during your subscription or beta access period.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, we may use them without obligation, restriction, or compensation to you.

9. Warranties and Disclaimers

10. Limitation of Liability

You acknowledge that the fees (or the no-charge nature of beta access) reflect the allocation of risk in these Terms and that we would not provide the Services without these limitations.

11. Suspension, Termination, and Data Purge

11.1 Term

These Terms begin when you accept them and continue until terminated by either party.

11.2 Termination by You

You may terminate your account at any time through account settings or by contacting support. Termination does not entitle you to a refund of prepaid fees.

11.3 Suspension or Termination by Us

We may suspend or terminate your access, in whole or in part, immediately and without notice if you: breach these Terms or the AUP; fail to pay fees when due; engage in illegal or harmful activity; or create risk or legal exposure for us or others. We may also discontinue the beta program as described in Section 2.

11.4 Effect of Termination; 30-Day Data Purge

Upon termination or expiration: your access to the Services is revoked; you remain liable for all fees incurred before termination; and provisions that by their nature should survive (including Sections 5, 6, 8, 9, 10, 12, and 13) survive. We will purge Customer Data associated with your tenant within thirty (30) days after termination. Residual copies in encrypted backups age out per our backup rotation schedule, and records we are required to retain by law are retained only as long as required. If you need to export Customer Data, you must do so before termination or within the 30-day window, where export functionality is available.

12. Indemnification

You agree to indemnify, defend, and hold harmless PrivateStack, Data Science & Engineering Experts, Inc., and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your or your users' use or misuse of the Services
• Customer Data or content you or your users submit
• Your violation of these Terms, the AUP, or applicable law
• Your infringement of third-party rights
• Your use of AI outputs
• Unauthorized access resulting from your failure to secure credentials

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

13. Governing Law and Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@privatestackhub.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction and venue there.

13.3 Class Action Waiver

Disputes will be resolved on an individual basis only. You waive any right to bring claims as a class action, class arbitration, or representative action.

14. General Provisions

• Incorporated documents. These Terms incorporate by reference our Privacy Policy and Acceptable Use Policy. Together with any applicable order form, they are the entire agreement between you and us regarding the Services.
• Changes to these Terms. We may modify these Terms at any time. Changes take effect when we post the revised Terms and update the "Last Updated" date; for material changes we will provide notice by email or through the Services. Continued use after changes take effect constitutes acceptance. If you disagree, you must stop using the Services.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction.
• Severability; No Waiver. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Export Compliance. You agree to comply with all U.S. export control laws and not to export or transfer the Services to prohibited destinations or persons.
• Government Use. If you are a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101, and licensing is governed by these Terms.

15. Contact