Terms of Service

SERVICE AGREEMENT AND SLA FOR METAPROVIDE HOLDING EKF

IMPORTANT NOTICE: These Terms & Conditions are temporary and will remain in effect until End-to-End Encryption solution (E2EE) is fully implemented. Upon implementation of E2EE, these terms will be reviewed and updated accordingly.

This Service Agreement ("Agreement") is entered into between MetaProvide Holding EKF ("Service Provider") and the entity subscribing to the Nextcloud Swarm Plugin services HejBit ("Pilot User"). The Agreement outlines the terms of service, including the Service Level Agreement (SLA), governing the use of MetaProvide's product, MetaProvide Plugin 'HejBit'.

1. Definitions

  • Pilot User: The individual or entity subscribing to and using the HejBit Plugin and/or managing their subscription through the HejBit App (app.hejbit.com).
  • Service: The HejBit Plugin and related services provided by MetaProvide, including decentralised storage functionalities, as well as subscription management and account services offered through the HejBit App.
  • HejBit Plugin: A Plugin for Nextcloud that enables decentralised file storage, sharing, and collaboration via the Swarm network, a decentralised storage system.
  • HejBit App: A web-based platform (app.hejbit.com) that allows users to manage their subscriptions, billing, and account settings for the HejBit Plugin. The App serves as the central hub for subscription-related activities.
  • Swarm Network: A decentralised storage network that distributes pilot user data across multiple nodes, ensuring redundancy and security. The HejBit Plugin provides access to this network for file storage and management.

2. Service Description

The Nextcloud Swarm Plugin, MetaProvide Plugin 'HejBit', allows Nextcloud users to store, share, collaborate, and manage files through a decentralised alternative to traditional cloud storage systems like Dropbox. Additionally, users can manage their subscriptions and account settings through the HejBit App (app.hejbit.com), which provides a platform for subscription management and billing.

3. Service Level Agreement (SLA)

MetaProvide provides a high-availability and secure service through its decentralised technology. This SLA details the specific terms of service for availability, support, incident management, and backup procedures.

3.1 Service Availability

  • Uptime : MetaProvide commits to an uptime of 95%.
  • Support : Online documentation, community forums, and email support. Response time within 24 - 48 hours during business days, with a resolution time of up to 5 business days.
  • Support Hours :
    • 24/7 Ticket Support: Our online ticket system is available round-the-clock for submitting and tracking support requests.
    • Scheduled Consultations: Live synchronous calls with our support team can be arranged between 9:00 AM and 5:00 PM Central European Time (CET), Monday through Friday, excluding holidays.

3.2 Backup and Recovery

The primary feature of MetaProvide Plugin 'HejBit' is its decentralised storage capability via Swarm. Pilot user data is distributed across the Swarm network, providing redundancy. However, MetaProvide does not manage or control this data directly. Data recoverability depends on its continued existence on the Swarm network. MetaProvide cannot assume responsibility for any issues with the pilot user's Nextcloud instance.

3.3 Incident Management

In case of incidents, MetaProvide will:

  • Notify affected pilot users, providing details on the issue, services affected, and expected resolution times.
  • Provide regular updates until resolution is achieved.

3.4 Service limitations

Our service is engineered to deliver efficient and secure decentralised file storage. To maintain optimal performance and ensure fair usage, please be aware of the following limitations:

  • File Size Limit
    • Maximum upload size: 1 GB per individual file.
  • Storage Capacity
    • Available space: As specified in your subscription plan.
    • Consequence of exceeding limit: Further uploads blocked until plan upgrade.
  • File Deletion and Space Recovery
    • Deleting files does not free up quota space.
    • This limitation is due to the nature of our decentralised storage system, which ensures data integrity and availability.
    • Important note: Deleted files are unrecoverable through the user interface although files may still be retrievable directly from Swarm network with Swarm Hash.

Note: MetaProvide does not have direct control over pilot user data stored on the Swarm network. Our service provides access and management of this data through the HejBit interface.

4. Pilot User Responsibilities

The pilot user is responsible for the following while using the HejBit Plugin:

  • Account Security: Pilot users must use strong password management and enable multi-factor authentication (MFA) to secure their accounts.
  • Access Control: Pilot users should implement role-based access controls and monitor access to their Nextcloud instance and the HejBit Plugin.
  • Compliance: Pilot users must ensure compliance with relevant legal and regulatory frameworks, such as GDPR and HIPAA, when using the HejBit Plugin.
  • Software Updates: Pilot users are responsible for regularly updating their Nextcloud instance and the HejBit Plugin to maintain security and compatibility.
  • Incident Reporting : Promptly reporting security breaches or vulnerabilities.

The pilot user is responsible for the following while using the HejBit App:

  • Account Security: Users are responsible for maintaining the security of their HejBit App account. This includes using strong passwords and enabling multi-factor authentication (MFA) where available. Any unauthorized access or misuse of the App resulting from user negligence will not be the responsibility of MetaProvide.
  • Subscription Management: Pilot users must ensure that their subscription and payment information is accurate and up to date within the HejBit App and Stripe.

The pilot user must not use the service for illegal or unauthorized activities and is responsible for using data minimization and anonymization when possible.

5. Security and Privacy

5.1 Data Processing and Storage

  • Pilot user data is processed and stored on the Swarm network in 4KB chunks that travel through the network in plain text format unless encrypted by the pilot user.
  • As MetaProvide operates as a gateway service, we have technical access to files processed through our service. To ensure privacy and data protection, we strongly recommend pilot users encrypt sensitive files before uploading them to the service.
  • Our service utilizes a pinning mechanism to enhance speed and network efficiency. This process requires MetaProvide to maintain access to Swarm hashes. For optimal privacy protection, we recommend encrypting sensitive files before transmission.

5.2 Encryption and Security

  • MetaProvide is committed to implementing enhanced security features. End-to-end encryption (E2EE) functionality will be available through app.hejbit.com in future releases to provide additional security options for our pilot users.
  • Pilot users are responsible for implementing appropriate encryption measures for their sensitive data prior to upload, as MetaProvide cannot guarantee the confidentiality of unencrypted data transmitted through the Swarm network.

5.3 Data Protection Measures

  • While MetaProvide implements industry-standard security measures, the nature of decentralized storage means that unencrypted data may be visible to network participants.
  • Pilot users handling sensitive or regulated data should assess their compliance requirements and implement appropriate encryption measures before utilizing our service.

6. Pricing and Payment

  • Subscription Model : MetaProvide operates on a subscription-based model. All subscription purchases, upgrades, and cancellations must be managed through the HejBit App (app.hejbit.com). Payments can be made via credit/debit card, bank transfer, or other methods provided by Stripe.
  • Late Payments : A 10-day grace period is provided for late payments. Service will be suspended if payment is not received within this period.
  • Refunds and Credits : Refunds are provided in cases of billing errors, and service credits may be offered for prolonged disruptions.
  • Price Changes : MetaProvide reserves the right to change subscription fees with a 30- day notice.

7. Termination

7.1 Voluntary Termination by Pilot User

Pilot users may terminate their subscription by ceasing monthly payments or through the HejBit App.

7.2 Termination by MetaProvide

  • For Cause : MetaProvide reserves the right to terminate service immediately if the pilot user violates the terms of service, engages in illegal activities, or fails to make timely payments.
  • Without Cause : MetaProvide may terminate the service with a 60-day notice.

7.3 Effects of Termination Upon termination or non-payment:

  • Immediate effects: Access to the HejBit Plugin will be revoked. Pilot user data remains on the Swarm network but may become inaccessible through the HejBit interface.
  • Grace period: Pilot users have a 10-day window to reactivate their subscription by paying any outstanding fees, which will restore full access to previously stored data.
  • After grace period: MetaProvide cannot guarantee retrieval through the HejBit interface or directly through the Swarm network.

7.4 Data Persistence and Security

  • Data control: MetaProvide does not delete pilot user data as we have no direct control over content stored on the decentralized Swarm network.
  • Security notice: Unencrypted data may persist indefinitely on the Swarm network in its original form.
  • Data recovery options: Pilot users with recorded Swarm hashes may attempt to access their data directly through the Swarm network using third-party tools, independent of HejBit services.
  • Best practice: We recommend pilot users maintain secure records of:
    • Encryption keys for any encrypted data.
    • Swarm hashes for critical files they may wish to access post-termination.

8. Intellectual Property and Confidentiality

  • Ownership : MetaProvide retains all rights to the HejBit Plugin. Pilot users retain ownership of the data they upload, and MetaProvide only have access to metadata, such as filename and file size. MetaProvide will use this metadata solely to provide services. MetaProvide does not have access to or control over the actual content of pilot user files stored on the Swarm network.
  • Non-Disclosure : Both parties agree to maintain the confidentiality of proprietary information.
  • Protection of Pilot User Data : MetaProvide as a company will comply with all relevant data protection laws.
  • Data Security : MetaProvide's access to pilot user files is limited to technical processing necessary for providing the service. While MetaProvide commits to maintaining appropriate security measures, pilot users are responsible for implementing encryption for sensitive data protection. MetaProvide will not access pilot user files except as necessary for service provision or as required by law.

9. Limitation of Liability

MetaProvide is not responsible for any indirect, incidental, or consequential damages arising from the use of its services. Furthermore, MetaProvide is not responsible for the persistence or availability of pilot user data on the Swarm network after the service is terminated for any reason. Its liability is capped at the total amount paid by the pilot user over the preceding 12 months.

10. Indemnification

Pilot users agree to indemnify MetaProvide against any losses or claims arising from their use of the service.

11. Force Majeure

Neither party will be held liable for delays or failures due to unforeseen circumstances beyond their control, such as natural disasters, strikes, or government actions.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the jurisdiction where MetaProvide is incorporated. Disputes shall be resolved through mediation or arbitration. If these methods fail, disputes will be resolved in court.

13. Miscellaneous

  • Modifications : MetaProvide reserves the right to modify this Agreement with a 30- day notice.
  • Severability : If any provision is found invalid, the remaining provisions will remain in force.
  • Entire Agreement : This Agreement supersedes all prior understandings between the parties.

Last updated: 2025-05-14