Effective Date: August 2, 2026

Terms of Service

These Terms of Service ("Terms") are a binding agreement between you (and, if you accept on behalf of an organization, that organization) ("you", "your", or "Customer") and Vatt Labs LLC ("Nanorack", "we", "us", or "our"), governing your access to and use of the Nanorack platform, websites, command-line tools, APIs, and related services (collectively, the "Service").

By accessing or using the Service, creating an account, or deploying any workload, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Authority

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.

2. Accounts and Security

You must provide accurate, complete, and current information when you register and keep it up to date. You are responsible for safeguarding your credentials, API tokens, and secrets, and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly at security@nanorack.dev of any suspected unauthorized access or security breach. We are not liable for any loss arising from unauthorized use of your account.

3. The Service

Nanorack is a multitenant platform-as-a-service that runs customer-supplied container images across two isolation tiers — the App Tier (shared, sandboxed containers) and the Sys Tier (dedicated virtual machines) — with networking, load balancing, secrets delivery, storage, logging, and metering. The Service, its features, tiers, and resource limits may change over time as described in Section 16.

4. Acceptable Use Policy

You are solely responsible for the workloads, code, data, and content you run on or transmit through the Service ("Customer Content") and for the conduct of your end users. You agree not to use the Service, and not to permit anyone to use the Service, to:

• Illegal or harmful content: store, host, or distribute material that is unlawful, infringing, defamatory, obscene, or that violates the intellectual-property, privacy, or publicity rights of others; or host child sexual abuse material (CSAM), which we report to authorities as required by law.
• Malware and attacks: host, execute, or distribute malware, ransomware, or exploit kits; or launch, participate in, or facilitate any attack, including denial-of-service (DoS/DDoS), intrusion, credential stuffing, or unauthorized scanning or penetration testing of any system you do not own or lack written authorization to test.
• Platform abuse: attempt to breach, probe, or circumvent the Service's isolation, security, tenancy, or resource-limit mechanisms; access another customer's data or workloads; or interfere with the integrity or performance of the Service.
• Spam and abuse of network: send unsolicited bulk messaging or operate open relays or proxies for abuse. Outbound email (SMTP) is restricted by default; do not attempt to circumvent this restriction.
• Prohibited workloads: conduct proof-of-work cryptocurrency mining or comparable resource-abuse activity without our prior written consent.
• High-risk uses: use the Service in any application where failure could lead to death, personal injury, or severe environmental or property damage (e.g., life support, emergency services, or critical infrastructure control). The Service is not designed or authorized for such uses.
• Resale or misrepresentation: resell or sublicense the Service except as expressly permitted, or misrepresent your identity or affiliation.

We may investigate suspected violations and cooperate with law enforcement. We may suspend or terminate any workload, project, or account that we reasonably believe violates this Acceptable Use Policy or poses a security, legal, or operational risk — immediately and without prior notice or refund where the circumstances warrant.

5. Customer Content and License

As between the parties, you retain all rights to your Customer Content. We claim no ownership of it. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, store, transmit, cache, process, and display Customer Content solely to the extent necessary to provide, secure, and maintain the Service and as otherwise instructed by you. You represent and warrant that you own or have all rights necessary to your Customer Content and that it, and your use of the Service, does not violate these Terms or any applicable law or third-party right.

6. Customer Responsibilities

You are responsible for: (a) the security, licensing, and lawful operation of the code and images you deploy; (b) configuring your services appropriately, including any authentication, encryption, or access controls your application requires; (c) your compliance with all laws applicable to your use, content, and end users, including data-protection and export laws; and (d) maintaining your own backups and disaster-recovery arrangements as described in Section 9.

7. Fees, Billing, and Payment

The Service is billed on a usage-based, pay-as-you-go basis, metered by the resources you reserve (such as vCPU, memory, ephemeral disk, dedicated volume, and outbound bandwidth) at the rates published on our pricing page or otherwise agreed in writing. Metered usage is billed in arrears for the applicable billing period. There are no subscription or per-seat fees unless separately agreed.

You authorize us and our payment processor to charge your designated payment method for all fees and applicable taxes incurred through your account. Fees are exclusive of taxes, which are your responsibility except for taxes on our net income. Except as required by law or expressly stated by us in writing, all fees are non-refundable. We may change our prices prospectively; material changes will be posted or communicated in advance. If a payment is overdue, we may suspend the Service and pursue collection; you remain responsible for all accrued fees.

8. Service Availability

We work to keep the Service available and performant, but the Service is provided without any uptime or availability guarantee unless a separate written service-level agreement (SLA) is executed between you and Nanorack. We may perform maintenance, and we may throttle, limit, or modify resources to protect the integrity and fair use of the platform.

9. Data, Backups, and No Guarantee of Retention

You are solely responsible for maintaining backups of your data. Certain storage is ephemeral and is deleted when a workload is redeployed, rescheduled, stopped, or destroyed. Dedicated volumes are stored on a single node without built-in replication or high availability; hardware failure may result in data loss. Nanorack does not warrant that any data will be preserved and, to the maximum extent permitted by law, is not liable for any loss, corruption, or unavailability of data. High availability and redundancy are your responsibility at the application layer.

10. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, in whole or in part, (a) for violation of these Terms or the Acceptable Use Policy, (b) for non-payment, (c) to comply with law or a governmental or legal request, (d) to address a security or operational risk, or (e) for convenience on reasonable notice. Upon termination, your right to use the Service ceases and we may delete your Customer Content after a commercially reasonable period. You remain liable for fees accrued before termination. Sections that by their nature should survive termination will survive.

11. Intellectual Property

The Service, including all software, infrastructure, documentation, trademarks, and related intellectual property, is and remains the exclusive property of Nanorack and its licensors. These Terms grant you no rights in the Service other than the limited right to use it in accordance with these Terms. Any feedback you provide may be used by us without restriction or obligation to you.

12. Third-Party Services

The Service may interoperate with third-party services (such as container registries, payment processors, and DNS providers). We are not responsible for third-party services, and your use of them is governed by their own terms.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANORACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NANORACK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DATA WILL NOT BE LOST. YOU ACKNOWLEDGE THAT THE SERVICE RUNS UNTRUSTED THIRD-PARTY CODE IN A MULTITENANT ENVIRONMENT AND THAT NO ISOLATION MECHANISM IS GUARANTEED TO BE IMPENETRABLE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANORACK AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL NANORACK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO NANORACK FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

You will defend, indemnify, and hold harmless Nanorack and its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your Customer Content, (b) your use of the Service, (c) your violation of these Terms or applicable law, or (d) your infringement or violation of any third-party right. We will notify you of any such claim and may participate in the defense with counsel of our choosing.

16. Changes to the Service

The Service is under active development. We may add, change, deprecate, or discontinue features, tiers, resource limits, or the Service as a whole. We will make reasonable efforts to give notice of material adverse changes but are not liable for any modification, suspension, or discontinuation of the Service.

17. Export Control and Sanctions

You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to U.S. embargo or sanctions, and that you will comply with all applicable export-control and sanctions laws. You may not use the Service in violation of such laws.

18. Copyright and DMCA

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to legal@nanorack.dev. We may remove infringing content and terminate repeat infringers.

19. Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully — it affects your legal rights.

Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property or misuse of the Service, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration body, rather than in court. You and Nanorack waive the right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. You may opt out of this arbitration agreement by notifying us in writing at legal@nanorack.dev within 30 days of first accepting these Terms.

20. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, and, where arbitration does not apply, the state and federal courts located in Delaware will have exclusive jurisdiction, subject to Section 19.

21. Changes to These Terms

We may modify these Terms from time to time. If a change is material, we will provide reasonable advance notice (for example, by posting the updated Terms with a new Effective Date or by email). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

22. General

These Terms, together with any policies referenced here, are the entire agreement between you and Nanorack regarding the Service and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure). Notices to you may be given via the Service or your account email.

Contact Us

Questions about these Terms? Contact us at legal@nanorack.dev.