These Terms govern a beta service. The Service is provided "as-is," is not production-ready, and carries no warranties, uptime commitments, or service levels. You may be billed, but that does not change the beta nature of the Service. Do not run production workloads or regulated data on the Service.
These Beta Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and Portal Technologies, Inc., a Delaware corporation operating the Enclavia service ("Portal," "Enclavia," "we," "us"). By creating an account, accessing, or using the Service, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind it.
Enclavia is a hosted confidential-computing platform that runs open-source software inside hardware-based enclaves and provides related tooling such as attestation, enclave lifecycle management, and encrypted storage (the "Service").
The Service is offered as a beta: a pre-release, evaluation-stage offering. It is under active development, may contain defects, and may change, degrade, or become unavailable at any time. It is not production-ready and must not be relied upon for production, mission-critical, or high-availability workloads.
Hosted open-source software. The Service hosts and operates software that is or incorporates open-source components. We do not author, warrant, or guarantee the behavior, correctness, or security of that software, and your use of it is additionally subject to its respective open-source licenses. We provide hosting and operational tooling only.
Emulated vs. hardware-backed enclaves. Enclaves launched in non-production mode are emulated and not genuine AWS Nitro enclaves. Where the Service indicates emulation, the security and attestation properties of genuine hardware enclaves do not apply. We make no representation that any given enclave is hardware-backed unless the Service explicitly attests to it.
Certain beta features are paid. Fees, billing periods, and plan tiers are as presented at sign-up or in an order. Payment is processed through our third-party payment processor. Fees are non-refundable except where required by law or expressly stated.
You may cancel at any time; cancellation stops future charges but does not entitle you to a refund of fees already paid for the current period. We may change beta pricing on notice; changes apply to subsequent billing periods.
Paying for the beta does not upgrade it out of beta. All disclaimers, limitations, and the "as-is" nature of the Service apply equally to paid beta use.
You agree not to use the Service to violate law, infringe third-party rights, transmit malware, disrupt the Service, attempt to circumvent security or usage limits, or gain unauthorized access to any system or data.
You must not upload, process, store, or transmit any of the following through the Service during the beta ("Prohibited Data"):
You are solely responsible for what you run on the Service and for ensuring your use complies with all laws applicable to your data. The beta is not designed or certified for regulated data, and we disclaim all liability arising from your use of Prohibited Data.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the above, we do not warrant that the Service will be uninterrupted, secure, error-free, or that any data will be preserved, and we provide no service-level or uptime commitment during the beta. We do not warrant the open-source software hosted by the Service.
The beta Service may lose, corrupt, or delete data at any time and without notice. We do not guarantee backups, durability, or recoverability of any data. You are responsible for maintaining your own independent backups of anything you cannot afford to lose. To the maximum extent permitted by law, we are not liable for any loss, corruption, or inability to recover data.
We may modify, suspend, or discontinue the Service (in whole or in part), and may change, add, or remove features, at any time without liability. We may suspend or terminate your access if we believe you have violated these Terms, pose a security or legal risk, or are running Prohibited Data.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. These limitations reflect the allocation of risk between the parties and survive termination.
You will defend, indemnify, and hold harmless Portal Technologies, Inc. and its officers, directors, and personnel from any claims, damages, and costs (including reasonable legal fees) arising from your use of the Service, your data, your violation of these Terms, or your use of any Prohibited Data.
Non-public information about the beta Service is our confidential information; you agree not to disclose it without our consent. If you provide feedback, you grant us a perpetual, royalty-free license to use it without restriction or obligation to you.
These Terms apply while you use the Service. Either party may terminate at any time. On termination, your right to use the Service ends and we may delete your data. Sections that by their nature should survive (including disclaimers, limitation of liability, indemnification, and governing law) survive termination.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to any separately agreed arbitration provision.
We may update these Terms from time to time. Material changes will be communicated by reasonable means. Continued use of the Service after changes take effect constitutes acceptance.
Portal Technologies, Inc. · legal@enclavia.io