Terms of Service

Service Provider: Cyberprime Sp. z o.o. ul. Aleksandra Lubomirskiego 20, 31-509 Kraków, Poland KRS: 0001223916 | NIP: 6751825046

1. General Provisions

1. These Terms of Service specify the rules for using the StateWarden system ("Service"), which includes the server application (Client Panel, WebAPI), client software (StateWarden Agent), and data storage infrastructure (Driad).
2. The Service is intended for both businesses (B2B) and consumers (B2C), subject to specific tax and billing provisions.
3. Creating an account in the StateWarden system is equivalent to accepting these Terms of Service and the Privacy Policy.

2. Scope of Provided Services

1. StateWarden is a BaaS (Backup as a Service) system with heightened security requirements.
2. The Provider ensures access to the following mechanisms:
   • Performing incremental backups (CBT).
   • Securing infrastructure and scanning for malware (Vigil).
   • Restoring environments (Bare Metal Recovery - BMR).
   • Instant mounting of disk images (Instant Mount / iSCSI).
3. The Service is provided in a subscription model (SaaS). Individual packages, their limits (Quotas), and functionalities are described in the current Pricing.

3. User Responsibility and "Zero-Knowledge"

1. Zero-Knowledge Paradigm: All data sent to the Provider's infrastructure is previously encrypted on the User's device (Client-Side Encryption) using the PrimeKEM engine.
2. Encryption Keys: The User bears sole and full responsibility for the secure storage of the Master Key generated during the pairing of the first machine or the creation of a Realm.
3. No Recovery Possibility: The Provider declares that it possesses no physical, technical, or mathematical capability to reset, recover, or generate a new encryption key that would allow reading previously encrypted data. The loss of the Master Key by the User is irreversible and results in the loss of the ability to recover backups.

4. Payments and Subscriptions (Merchant of Record)

1. Billing for the use of the Service is handled by our Billing Partner – the company Stripe, which acts as the Merchant of Record.
2. All transactions, invoicing, VAT calculation, and payment card authorizations take place directly through the Stripe infrastructure. The Provider does not store payment card data.
3. Subscriptions renew automatically. The User can cancel the subscription at any time from the Client Panel. In the event of non-payment, after the grace period expires, the system will block the ability to add new backups and then permanently delete them in accordance with appropriate notification procedures.

5. Service Availability (SLA) and Limitation of Liability

1. The Provider makes every effort to ensure the Service operates continuously (24/7/365).
2. Limitation of liability: To the maximum extent permitted by law, the Provider is not liable for damages resulting from service unavailability, loss of data due to User fault (e.g., loss of key, malicious deletion of backups), or indirect damages, including lost profits, business interruption, loss of reputation, etc.
3. The Provider's maximum financial liability for non-performance or improper performance of the contract is limited to the amount of fees paid by the User during the last 12 months preceding the event.

6. Acceptable Use Policy

It is forbidden to use the StateWarden infrastructure for:

1. Storing illegal content (including, but not limited to, CSAM materials, illegal pirated software).
2. Attempts at Reverse Engineering, decompiling the client application (Agent), or disrupting the proper functioning of the Driad/Artemis infrastructure.
3. Performing volumetric attacks (DDoS) on the StateWarden API.

7. Changes to the Terms and Termination

1. The Provider reserves the right to modify the Terms of Service. Changes enter into force on the date of their publication on the main page after prior notification to Users with a 14-day advance notice via email.
2. The User has the right to terminate the Agreement at any time by deleting their Account.
3. The Provider has the right to block and terminate the Agreement with immediate effect in the event of a gross violation of point 6 of these Terms of Service.

8. Governing Law

The governing law for resolving all disputes is the law of the Republic of Poland, and the competent court is strictly the court locally competent for the seat of the Provider (Kraków).