Shellgate Cloud – Terms of Service

1. Operator

These Terms of Service ("Terms") govern your use of Shellgate Cloud ("Service").

The Service is operated by MTJ Media B.V., a private limited liability company (besloten vennootschap) incorporated under the laws of the Netherlands, with its registered office in the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 77728475, and VAT identification number NL861112684B01 ("Shellgate", "we", "us", or "our").

By creating an account or using the Service, you enter into a legally binding agreement with MTJ Media B.V.

2. The Service

Shellgate Cloud provides infrastructure for deploying and running autonomous or semi-autonomous software agents ("Agents").

We act solely as a technical infrastructure and hosting provider. We do not control or monitor the logic, decisions, or outputs of your Agents.

3. Your Responsibilities

You are solely responsible for:

• the configuration, operation, and behaviour of your Agents
• all actions performed by your Agents
• compliance with applicable laws and third-party terms
• ensuring your use of the Service does not infringe any rights

You acknowledge that Agents may act autonomously and may produce unintended or harmful outcomes.

4. Agent Actions & Outputs

Shellgate is not responsible for:

• decisions or actions taken by Agents
• messages, content, or outputs generated by Agents
• API calls or integrations initiated by Agents
• financial or operational consequences of Agent activity

All such responsibility remains with you.

5. Data & Backups

Shellgate Cloud may provide backup functionality as part of the Service.

These backups are configured, managed, and controlled by you. You are solely responsible for:

• enabling and configuring backups
• verifying that backups function correctly
• testing backup integrity and recovery procedures

While we provide the infrastructure for backups, we do not guarantee that backups will be complete, accurate, or successfully restorable.

You remain solely responsible for maintaining independent backups of any data you consider critical.

Shellgate shall not be liable for any loss of data, including where backup functionality is used.

Backup functionality is provided as a convenience and does not replace your own backup strategy.

6. Availability

The Service is provided on an "as-is" and "as-available" basis.

We do not guarantee:

• uptime
• availability
• performance
• uninterrupted operation

Interruptions may occur at any time due to maintenance, failures, third-party dependencies, or force majeure.

No Service Level Agreement (SLA) applies unless explicitly agreed in writing.

7. Credentials & Security

You are responsible for:

• securing API keys, tokens, and credentials
• limiting permissions to the minimum necessary
• proper credential storage and rotation

Shellgate does not audit or validate credentials.

You are fully responsible for any consequences of credential compromise.

8. Acceptable Use

You may not use the Service to:

• violate any applicable law or regulation
• send spam or unsolicited communications
• perform denial-of-service or abusive traffic patterns
• scrape or extract data without authorization
• circumvent access controls or safeguards
• misuse third-party services

We may suspend or terminate your access immediately if we detect abuse or violations.

We may also apply fair use limits where necessary to ensure the stability, security, and performance of the Service for all users, even where usage does not constitute abuse.

9. Third-Party Services

Your Agents may interact with third-party services.

Shellgate:

• does not control third-party services
• does not guarantee their availability or reliability
• is not responsible for outages, errors, or changes

Use of third-party services is at your own risk.

10. Fees & Payment (if applicable)

If the Service is provided for a fee:

• fees are charged as agreed at the time of purchase
• payments are non-refundable unless required by applicable law
• failure to pay may result in suspension or termination

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Shellgate's total liability arising out of or related to the Service is limited to the total amount paid by you in the twelve (12) months preceding the event giving rise to the claim

Shellgate shall not be liable for:

• indirect or consequential damages
• loss of profits
• loss of data
• loss of business or goodwill

Nothing in these Terms excludes or limits liability where such exclusion is not permitted under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Shellgate from and against any claims, damages, liabilities, and expenses arising out of:

• your use of the Service
• your Agents
• your violation of these Terms or applicable law
• infringement of third-party rights

13. Termination

Either party may terminate the Service at any time.

We may suspend or terminate access immediately in case of:

• abuse
• non-payment
• legal or security risk

Upon termination:

• your access will be revoked
• you are responsible for exporting your data
• we are not obliged to retain your data

14. Changes to the Terms

We may update these Terms from time to time.

We will notify you of material changes where reasonably possible.

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of the Netherlands.

Any disputes shall be submitted to the competent courts in the Netherlands.