1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of Elkabyte Cloud Central (the "Platform"), a unified AI-driven cloud intelligence platform provided by Elkabyte Pte. Ltd. ("Elkabyte," "we," "our," or "us"). By creating an account, connecting cloud resources, or using any part of the Platform, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
2. Definitions
Customer: The individual or organization using Elkabyte Cloud Central under these Terms.
Customer Data: Log files, flow records, cost data, asset metadata, configurations, and other information provided by Customer or ingested from Customer's cloud environments.
Derived Data: Insights, recommendations, trends, visualizations, and aggregated outputs generated by the Platform from Customer Data.
AI Features: Platform capabilities powered by machine learning or artificial intelligence, including cost forecasting, anomaly detection, security recommendations, and autonomous project management.
3. Use License & Access
Elkabyte grants Customer a non-exclusive, non-transferable, revocable license to access and use the Platform during the subscription term, subject to the selected service tier (Starter, Professional, or Enterprise). This license includes:
- Access to all modules included in Customer's subscription tier (e.g., Cost Intelligence, Asset Discovery, Visual Network TroubleFinder, Security Advisor, AI Project Manager)
- API access for integrations (if available in the selected tier)
- Collaboration features for authorized users within Customer's organization
Customer shall not:
- Resell, sublicense, or otherwise distribute the Platform
- Reverse engineer, decompile, or attempt to extract proprietary algorithms
- Use the Platform to violate any applicable laws, including data privacy and export control regulations
- Exceed the usage limits defined in the selected subscription tier (e.g., number of accounts, API calls, data volume)
4. Customer Data & Privacy
Ownership: Customer retains all rights, title, and ownership of Customer Data. Elkabyte claims no ownership of your cloud configurations, logs, or flow records.
Processing Authorization: Customer authorizes Elkabyte to process Customer Data solely for the purpose of delivering Platform services, including storage, analysis, and generation of Derived Data.
Data Use: Elkabyte may use anonymized, aggregated data for product improvement, trend analysis, and machine learning model training. No personally identifiable or commercially sensitive Customer Data will be disclosed or shared without prior written consent, except as required by law.
Privacy Policy: Our data handling practices are detailed in the Elkabyte Privacy Policy, available at www.elkabyte.com/privacy.
5. Security & Compliance
Elkabyte implements industry-standard security measures to protect Customer Data, including:
- Encryption in transit (TLS 1.2 or higher) and at rest (AES-256)
- Role-Based Access Control (RBAC) and multi-factor authentication (MFA)
- Regular security audits and penetration testing
- Compliance with ISO 27001, SOC 2 Type II, and GDPR (as applicable)
Customer is responsible for:
- Securing credentials and access tokens used to connect cloud accounts
- Configuring appropriate user permissions within their organization
- Notifying Elkabyte immediately in case of unauthorized access or security incidents
6. AI Features & Recommendations
The Platform uses AI to generate insights, recommendations, and automations (e.g., traffic-aware cost allocation, security posture scoring, network troubleshooting). These AI Features are provided to assist decision-making but do not constitute professional advice. Customer acknowledges that:
- AI-generated recommendations are based on data patterns and may not account for all organizational or regulatory requirements
- Elkabyte is not liable for decisions made based on AI outputs
- Customer retains full control and responsibility for implementing, modifying, or rejecting AI recommendations
7. Data Location & Retention
Data Residency: Customer Data is stored in secure cloud infrastructure located in [Singapore / US / EU] (depending on the selected deployment option). Enterprise customers may request private VPC or on-premises deployment.
Data Retention: Customer Data is retained for the duration of the subscription term plus 90 days. After termination, Customer may request data export in standard formats (JSON, CSV, Parquet). After the retention period, data is securely deleted unless otherwise required by law.
8. Fees & Payment
Subscription Tiers:
- Starter: $5,000/month – Up to 10 cloud accounts, includes Cost Intelligence and Asset Inventory
- Professional: $15,000/month – Up to 50 accounts, includes all modules (Cost, Asset, Network, Security)
- Enterprise: Custom pricing – Unlimited accounts, dedicated support, SSO/SAML, private deployment options
Payment Terms: Invoices are issued monthly in advance. Payment is due within 30 days of invoice date. Late payments may incur a 1.5% monthly interest charge.
Price Adjustments: Elkabyte reserves the right to adjust pricing upon 60 days' written notice. Customers may terminate their subscription if they do not agree to the new pricing.
9. Acceptable Use Policy
Customer agrees not to:
- Use the Platform to violate any laws, regulations, or third-party rights
- Introduce malware, scripts, or other malicious code
- Attempt to disrupt or overload Platform infrastructure
- Use the Platform to monitor third-party cloud environments without authorization
- Access or attempt to access another Customer's data
Violation of this policy may result in immediate suspension or termination of access.
10. Service Availability & Support
Uptime SLA: Elkabyte targets 99.9% uptime for the Platform (excluding scheduled maintenance). Monthly credits may be issued if uptime falls below 99.5% (Enterprise tier only).
Support Levels:
- Starter: Email support with 24-hour response time
- Professional: Email + Slack/Teams integration, 8-hour response time
- Enterprise: Dedicated success manager, 24/7 support, 1-hour response time for critical issues
Scheduled Maintenance: Elkabyte will provide at least 48 hours' notice for scheduled maintenance windows.
11. Intellectual Property
Platform IP: All intellectual property rights in the Platform, including software, algorithms, dashboards, and documentation, belong to Elkabyte.
Customer IP: Customer retains all rights to Customer Data and any intellectual property created using the Platform (e.g., custom dashboards, reports).
Feedback: If Customer provides feedback, suggestions, or feature requests, Elkabyte may use such input to improve the Platform without any obligation to Customer.
12. Third-Party Integrations
The Platform may integrate with third-party cloud providers (AWS, Azure, GCP), monitoring tools, and communication platforms. Customer is responsible for:
- Ensuring they have valid licenses and permissions to use third-party services
- Complying with third-party terms of service
- Understanding that Elkabyte is not responsible for third-party service outages or data handling practices
13. Warranties & Disclaimers
Limited Warranty: Elkabyte warrants that the Platform will perform substantially in accordance with the documentation during the subscription term. If the Platform fails to meet this standard, Customer's sole remedy is for Elkabyte to correct the issue or, if correction is not feasible, to refund the pro-rated unused subscription fee.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED, THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ELKABYTE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELKABYTE DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF SECURITY VULNERABILITIES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Exclusion of Consequential Damages: IN NO EVENT SHALL ELKABYTE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, EVEN IF ELKABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability: ELKABYTE'S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Exceptions: The above limitations do not apply to:
- Breaches of confidentiality or data security obligations
- Infringement of intellectual property rights
- Gross negligence or willful misconduct by Elkabyte
15. Indemnification
By Elkabyte: Elkabyte will defend Customer against third-party claims that the Platform infringes a patent, copyright, or trade secret, and will pay damages awarded, provided Customer promptly notifies Elkabyte and cooperates in the defense.
By Customer: Customer will defend Elkabyte against third-party claims arising from:
- Customer Data or Customer's use of the Platform in violation of these Terms
- Unauthorized access to third-party cloud accounts
- Breach of applicable laws or regulations
16. Confidentiality
Both parties agree to keep confidential any non-public information disclosed during the term of this agreement, including:
- Elkabyte Confidential Information: Platform architecture, algorithms, pricing, roadmaps
- Customer Confidential Information: Customer Data, business strategies, internal configurations
Confidential information may be disclosed only to employees or contractors with a legitimate need to know, under obligations of confidentiality. This obligation survives termination for 5 years.
17. Term & Termination
Subscription Term: Subscriptions renew monthly or annually (as selected) unless either party provides written notice of non-renewal at least 30 days before the renewal date.
Termination for Cause: Either party may terminate immediately if the other party:
- Materially breaches these Terms and fails to cure within 30 days of written notice
- Becomes insolvent or subject to bankruptcy proceedings
Termination for Convenience: Customer may terminate at any time with 30 days' notice. No refunds will be provided for prepaid fees.
Effect of Termination: Upon termination:
- Customer's access to the Platform will cease
- Customer may request data export within 90 days
- All outstanding fees become immediately due
- Sections 4 (Data Ownership), 11 (IP), 14 (Liability), 16 (Confidentiality), and 18 (Governing Law) survive termination
18. Governing Law & Dispute Resolution
Governing Law: These Terms are governed by the laws of Singapore, without regard to conflict of law principles.
Dispute Resolution: Any disputes shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the Singapore International Arbitration Centre (SIAC) rules, conducted in English. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.
Exceptions: Either party may seek injunctive relief in court for breaches of confidentiality or intellectual property rights.
19. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, or infrastructure failures. The affected party must provide prompt notice and make reasonable efforts to mitigate the impact.
20. Export Compliance
Customer agrees to comply with all applicable export and import laws and regulations. Customer shall not access or use the Platform from any country subject to embargo or listed as a supporter of terrorism by applicable governments.
21. Assignment
Customer may not assign or transfer these Terms without Elkabyte's prior written consent. Elkabyte may assign these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honor these Terms.
22. Entire Agreement
These Terms, together with any Order Forms, Data Processing Addendums, and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings (written or oral) regarding the subject matter.
23. Amendments
Elkabyte may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
24. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.
25. Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of that term or any other term. Failure to enforce any right or provision does not constitute a waiver of that right.
26. Language
These Terms are provided in English. If translated into other languages, the English version shall prevail in case of any conflict or discrepancy.
27. Independent Contractors
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship. Neither party has authority to bind the other.
28. Notices
All legal notices must be sent in writing to:
Elkabyte Pte. Ltd.
81 Ayer Rajah Crescent, #02-53
Singapore 139967
Email: legal@elkabyte.com
29. Survival
All provisions that by their nature should survive termination shall survive, including but not limited to Data Ownership, Intellectual Property, Confidentiality, Limitation of Liability, and Governing Law.
30. Anti-Bribery & Corruption
Both parties agree to comply with all applicable anti-bribery and anti-corruption laws, including the Singapore Prevention of Corruption Act and the U.S. Foreign Corrupt Practices Act. Neither party shall offer or accept bribes, kickbacks, or improper payments in connection with these Terms.
31. Contact Information
For questions about these Terms of Service, billing, or support:
Elkabyte Pte. Ltd.
81 Ayer Rajah Crescent, #02-53
Singapore 139967
Email: support@elkabyte.com
Website: www.elkabyte.com