Terms of Service

Last updated: January 2026

1. Acceptance of Terms

By accessing or using EpochProxy ("the Service"), you ("Customer" or "you") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not use the Service. EpochProxy is operated by KrakenTheStack ("Provider," "we," "us," or "our").

2. Description of Service

EpochProxy provides a secure remote access platform that enables terminal access to infrastructure without exposed inbound ports. The Service includes:

  • EpochProxy API for authentication, authorization, and management
  • Relay servers for secure connection routing
  • Agent software for installation on target systems
  • CLI tools for client-side access
  • Web dashboard for account and agent management
  • Documentation and support resources

3. Account Registration and Security

You must provide accurate and complete information when creating an account. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Ensuring that your account information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Fees, Billing, and Payment

4.1 Subscription Plans

Paid plans are billed according to the pricing displayed at the time of purchase. All fees are quoted in US dollars unless otherwise specified.

4.2 Payment Terms

  • Payment is due at the beginning of each billing cycle
  • We accept major credit cards via our payment processor, Stripe
  • Enterprise customers may pay via invoice with net-30 terms

4.3 Overages

If you exceed your plan limits (agents, data transfer, or team members), you will be charged overage fees at the rates specified for your plan. We will not suspend your service for overages; instead, overages will be invoiced on your next billing cycle.

4.4 Price Changes

We may change pricing with 30 days' notice. Price changes will not affect your current billing cycle. You may cancel before the new pricing takes effect.

4.5 Refunds

We offer a satisfaction guarantee. If you are not satisfied with the Service, contact us within 30 days of your initial subscription for a full refund. After 30 days, fees are non-refundable except as required by law or at our sole discretion.

4.6 Taxes

Fees do not include taxes. You are responsible for paying all applicable taxes, excluding taxes based on our net income.

5. Intellectual Property Rights

5.1 Provider's Intellectual Property

The Service, including all software, APIs, documentation, trademarks, and other materials, is owned by or licensed to Provider and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

5.2 Customer Data

You retain all rights to your data ("Customer Data"). Customer Data includes all data transmitted through the Service, configurations, agent metadata, and any other information you provide. We claim no ownership over Customer Data.

5.3 License to Customer

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the subscription term solely for your internal business purposes.

5.4 License to Provider

You grant us a limited license to use Customer Data solely as necessary to provide the Service, including processing connections, generating audit logs, and providing support.

5.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation to you.

6. Acceptable Use Policy

You agree not to use the Service to:

6.1 Prohibited Activities

  • Violate any applicable law, regulation, or third-party rights
  • Access systems or data without proper authorization
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Conduct port scanning, vulnerability testing, or penetration testing of the Service without prior written approval
  • Transmit malware, viruses, ransomware, or other malicious code
  • Mine cryptocurrency or run distributed computing workloads without authorization
  • Store or transmit data that violates applicable data protection laws
  • Interfere with or disrupt the Service or other users' access
  • Exceed reasonable usage patterns or abuse system resources
  • Share account credentials with unauthorized parties
  • Use the Service in any manner that could damage our reputation

6.2 Remote Access Specific Requirements

When using the Service for remote access, you must:

  • Only access systems you are authorized to access
  • Maintain appropriate access controls and authentication on connected systems
  • Promptly revoke access for terminated employees or contractors
  • Comply with your organization's security policies
  • Report any security incidents or suspicious activity to us promptly

6.3 Consequences of Violation

We may suspend or terminate your access to the Service immediately and without notice if we reasonably believe you have violated this Acceptable Use Policy. Serious violations may be reported to law enforcement.

7. Self-Hosted Deployments

For self-hosted deployments:

  • The software is provided "as-is" without warranties
  • You are responsible for the security, maintenance, and operation of your infrastructure
  • You must comply with all licensing terms
  • We are not responsible for data loss, security incidents, or downtime in your self-hosted environment
  • Support is provided according to your plan terms

8. Service Level Agreement

8.1 Uptime Commitment

For our hosted Service, we target 99.9% monthly uptime for the API and relay servers. "Uptime" means the Service is accessible and functional for authenticated requests.

8.2 Exclusions

Uptime calculations exclude:

  • Scheduled maintenance (with at least 24 hours' notice)
  • Issues caused by factors outside our control (force majeure)
  • Your equipment, network, or configurations
  • Third-party services or Internet connectivity
  • Your violation of these Terms

8.3 Service Credits

If we fail to meet the uptime commitment, you may request service credits:

  • 99.0% - 99.9% uptime: 10% credit of that month's fees
  • 95.0% - 99.0% uptime: 25% credit of that month's fees
  • Below 95% uptime: 50% credit of that month's fees

Service credits are capped at 50% of monthly fees and are your sole remedy for downtime. Credits must be requested within 30 days of the affected month.

8.4 Support

Support response times vary by plan. Enterprise customers receive priority support with guaranteed response times as specified in their service agreement.

9. Security and Compliance

9.1 Security Measures

We implement appropriate technical and organizational measures to protect the Service and your data, including:

  • Encryption of data in transit (TLS 1.3) and at rest
  • Access controls and authentication requirements
  • Regular security assessments and penetration testing
  • Incident response and monitoring

9.2 Compliance

Our security practices are designed to support SOC 2 Type II compliance. For customers with specific compliance requirements:

  • HIPAA: We offer Business Associate Agreements (BAAs) for healthcare customers. Contact us at legal@epochproxy.cloud to execute a BAA.
  • GDPR: We offer Data Processing Agreements (DPAs) for customers processing EU personal data.

9.3 Security Incidents

We will notify you of security incidents affecting your data in accordance with applicable law and our Privacy Policy.

10. Data Protection and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you agree to our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining any necessary consents from individuals whose data you process through the Service.

11. API and CLI Terms

11.1 API Access

API access is provided subject to these Terms. You must use API keys securely and not share them with unauthorized parties.

11.2 Rate Limits

API requests are subject to rate limits based on your plan. Exceeding rate limits may result in temporary throttling or suspension of API access.

11.3 CLI Software

CLI tools are provided under an open-source license as specified in the software repository. Use of CLI tools to access the Service is subject to these Terms.

12. Beta and Preview Features

We may offer beta or preview features that are not yet generally available. Beta features:

  • Are provided "as-is" without warranties or SLA coverage
  • May be modified or discontinued at any time without notice
  • May contain bugs or errors
  • Should not be relied upon for production workloads unless otherwise specified

Your feedback on beta features helps us improve the Service.

13. Third-Party Services

The Service may integrate with third-party services. Your use of third-party services is subject to their terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

14. Indemnification

14.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Provider and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms or the Acceptable Use Policy
  • Your violation of any applicable law or third-party rights
  • Customer Data or your end users' activities

14.2 Our Indemnification

We will indemnify and defend you from third-party claims alleging that the Service infringes a valid patent, copyright, or trademark, provided that you:

  • Notify us promptly in writing of the claim
  • Give us sole control of the defense and settlement
  • Provide reasonable cooperation at our expense

We will not be obligated to indemnify you for claims arising from your modifications to the Service, your combination of the Service with other products, or your use of the Service in violation of these Terms.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

16. Limitation of Liability

16.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE.

16.2 Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16.3 Exceptions

The limitations in this section do not apply to: (a) indemnification obligations; (b) breach of confidentiality obligations; (c) gross negligence or willful misconduct; or (d) liability that cannot be limited by law.

17. Termination

17.1 Termination by You

You may terminate your subscription at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing cycle.

17.2 Termination by Us

We may terminate or suspend your access to the Service:

  • Immediately for violation of these Terms or the Acceptable Use Policy
  • Upon 30 days' notice for any reason
  • Immediately if required by law or to prevent harm to the Service or other users

17.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • You may export your data within 30 days of termination
  • We will delete your data after the 30-day retrieval period, except as required by law or our data retention policies
  • You remain responsible for any outstanding fees

17.4 Survival

Sections 5 (Intellectual Property), 14 (Indemnification), 15 (Disclaimer), 16 (Limitation of Liability), 19 (Dispute Resolution), and 20 (Governing Law) survive termination.

18. Data Export and Portability

You may export your Customer Data at any time through the API or dashboard. We provide data in standard formats (JSON, CSV) where technically feasible. Upon termination, you have 30 days to export your data before deletion.

19. Dispute Resolution

19.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@epochproxy.cloud and attempt to resolve the dispute informally for at least 30 days.

19.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration will be conducted in English, in a location mutually agreed upon or via video conference.

19.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

19.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality obligations. Small claims court actions are also permitted.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. For matters not subject to arbitration, the parties consent to exclusive jurisdiction in the state and federal courts located in Delaware.

21. Export Compliance

The Service is subject to U.S. export control laws. You may not use the Service in violation of U.S. export laws or sanctions, including in embargoed countries or by prohibited parties. You represent that you are not located in a sanctioned country and are not on any U.S. government restricted party list.

22. Force Majeure

Neither party will be liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, war, terrorism, riots, government actions, Internet or telecommunications failures, power outages, or cyberattacks. If a force majeure event continues for more than 60 days, either party may terminate the agreement upon written notice.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and Provider regarding the Service.

23.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in effect.

23.3 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision in the future.

23.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit both parties and their permitted successors.

23.5 Notices

We may send notices to the email address associated with your account. You may send notices to legal@epochproxy.cloud. Notices are effective when sent.

23.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

24. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms on our website with a new "Last updated" date
  • Sending an email notification at least 30 days before the changes take effect

Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you may terminate your subscription before they take effect.

25. Contact

If you have questions about these Terms, please contact us:

These Terms of Service are provided for informational purposes and do not constitute legal advice. We recommend consulting with a qualified legal professional for specific legal questions.