Master Services Agreement (MSA)
This Master Services Agreement (the "Agreement") is entered into between NEBULONS AI ("NEBULONS AI", "we", "us" or "our") and the business entity identified in the applicable order form, statement of work, or written signup reference (the "Customer"). This Agreement governs all access to and use of the NEBULONS AI Studio platform, including its data preparation tooling, managed fine-tuning infrastructure, evaluation suites, and model deployment endpoints (collectively, the "Services"). By executing an order form, accepting this Agreement electronically, or using the Services, the Customer agrees to be bound by its terms.
NEBULONS AI will provide the Services with reasonable skill and care and in accordance with the description applicable to the Customer's subscription or order. The Services are offered exclusively to business customers for commercial use. The Customer is responsible for the lawfulness of the data it submits to the Services and for maintaining the confidentiality of its account credentials. The Customer acknowledges and agrees that NEBULONS AI acts solely as a processing platform: the Customer directs what data is submitted, what processing is performed, and when that processing ends.
NEBULONS AI maintains an uncompromising position on data custody. NEBULONS AI will not retain, store, archive, or keep Customer Data beyond the strict duration necessary to complete the processing instruction for which the data was submitted. Customer Data is never used to train, fine-tune, evaluate, benchmark, or otherwise improve any model belonging to NEBULONS AI or any third party. Data submitted by one Customer is never accessible to another Customer, and NEBULONS AI does not aggregate, sell, rent, or otherwise commercialise Customer Data in any form.
Where processing of Customer Data is required for the delivery of the Services, such processing is performed solely on the documented instructions of the Customer, solely for the purpose the Customer has requested, and only for as long as that instruction remains active. Once the requested operation completes, or once the Customer withdraws its instruction or submits a deletion request, the affected data is permanently and irrevocably deleted from all NEBULONS AI systems, including production stores and backup media, in accordance with the Data Retention and Deletion Policy referenced in this Agreement.
All Customer Data is protected in transit using TLS 1.3 or stronger transport encryption and at rest using AES-256 or stronger encryption. Access to Customer Data inside NEBULONS AI is restricted to a minimal set of authorised personnel under a least-privilege access model, and such access is only granted where strictly necessary to operate, support, or secure the Services on the Customer's instruction. The full security architecture is described in the Information Security Policy, which forms part of this Agreement.
Fees, payment terms, subscription periods, and the commercial scope of the Services are set out in the applicable order form. Undisputed amounts unpaid past their due date may accrue late interest as stated on the order form. The Customer may terminate its subscription in accordance with the order form; upon termination or expiry, all Customer Data remaining within NEBULONS AI systems is permanently deleted, and a written confirmation of deletion is provided upon request.
Nothing in this Agreement transfers ownership of Customer Data or of any fine-tuned model produced for the Customer. All such assets remain the exclusive property of the Customer, as further described in the Intellectual Property & Model Ownership Agreement. NEBULONS AI retains ownership of the platform, its pre-trained foundation models, and its internal tooling, and grants the Customer a limited, non-exclusive, non-transferable right to use the Services for its internal business purposes during the term.
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential damages. Each party's aggregate monetary liability under this Agreement is limited to the fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim. Nothing in this Agreement limits liability that cannot be limited by law. The Services are provided subject to the Service Level Agreement where the Customer's plan so provides.
This Agreement, together with its referenced policies and the applicable order form, constitutes the entire agreement between the parties regarding the Services and supersedes all prior arrangements. Any amendment must be in writing and agreed by both parties. This Agreement is governed by the laws agreed on the order form, without regard to conflict-of-law rules. Disputes will be resolved in the courts or arbitration forum stated on the order form.