TERMS OF SERVICE

Define the Service Relationship

These Terms of Service govern the contractual relationship between Atavistico OÜ and customers or other parties using HexaKernel services under an applicable service agreement.

They should be read together with any applicable order form, subscription agreement, service-specific terms, data processing agreement or other contractual document.

1. The Services

HexaKernel may provide technology, software, infrastructure, development tools, APIs, SDKs, documentation, support or other services depending on the applicable agreement.

The specific services, features, limitations and commercial conditions will be defined in the relevant order or service agreement.

2. Customer Responsibilities

Customers are responsible for:

• Providing accurate information

• Maintaining appropriate access controls

• Using the services lawfully

• Protecting their credentials

• Ensuring that their use of the services complies with applicable requirements

• Managing the content and data they submit to the services

• Ensuring that they have the necessary rights to such content and data

3. Accounts and Access

Where accounts are required, customers are responsible for maintaining the confidentiality of their authentication information and for activities performed through their accounts, subject to applicable law.

Access may be suspended where reasonably necessary to protect the service, comply with law or address a security or contractual issue.

4. Intellectual Property

Unless otherwise agreed:

• Atavistico OÜ retains its rights in HexaKernel technology and platform components.

• Customers retain rights in their own data and materials.

• Rights to custom developments, generated artifacts and third-party components will be governed by the applicable agreement.

5. Data Protection

Where Atavistico OÜ processes personal data on behalf of a customer, the parties will establish the required data-processing arrangements.

The applicable responsibilities of controller and processor will depend on the nature of the processing.

6. Security

Atavistico OÜ will maintain appropriate security measures for the services, taking into account the nature of the services and applicable requirements.

Specific security commitments may be established in contractual or service-specific documentation.

7. Service Changes

HexaKernel may evolve over time.

Features, technologies, interfaces and infrastructure may change as the platform develops.

Where contractual commitments apply, material changes will be handled in accordance with the applicable agreement.

8. Fees and Payment

Fees, billing periods, taxes, payment terms and cancellation conditions will be defined in the applicable commercial agreement or order.

9. Warranties and Disclaimers

To the extent permitted by applicable law, services are provided subject to the warranties and limitations expressly established in the applicable agreement.

Nothing in these Terms limits rights or protections that cannot lawfully be excluded.

10. Limitation of Liability

Any limitation of liability will be governed by the applicable agreement and mandatory law.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded.

11. Termination

Either party may terminate the service relationship according to the applicable contractual terms.

Upon termination, access to the relevant services may cease and data-handling obligations will be governed by the applicable agreement and data-protection requirements.

12. Governing Terms

The governing law, jurisdiction and dispute-resolution mechanisms applicable to a particular service relationship will be specified in the relevant contractual agreement.

Technology works best when expectations are explicit.