Terms of Service

These Terms of Service ("Terms") govern your access to and use of the cloud infrastructure and container orchestration services provided by Digital Frontier Unipessoal LDA ("Digital Frontier," "we," "us," or "our"), a company registered in Cascais, Portugal. By accessing or using our services, you agree to be bound by these Terms.

1. Service Classification

Digital Frontier operates as an infrastructure and hosting provider. We provide compute, storage, and networking resources, along with container orchestration software that enables customers to deploy workloads across multiple cloud environments and our own edge infrastructure in Portugal.

Our primary infrastructure consists of hardware owned and operated by Digital Frontier, collocated at Oni.DC, a carrier-neutral data centre in Lisbon, Portugal. Through the Akash Network, Digital Frontier operates its own provider nodes on this hardware, offering decentralized compute resources as part of the Services. Workloads deployed to Digital Frontier's Akash provider nodes are covered by these Terms.

Under EU law, specifically the Digital Services Act (DSA, Regulation (EU) 2022/2065), our Services qualify as a hosting service within the meaning of Article 3(g): an intermediary service consisting of the storage of information provided by, and at the request of, a recipient of the service. Cloud and web-hosting services are paradigmatic hosting services under the DSA.

We do not provide crypto-asset services regulated under MiCA (Regulation (EU) 2023/1114). We do not hold, custody, or control client crypto-assets or private keys; we do not operate a trading platform; we do not exchange crypto-assets for funds or other crypto-assets; we do not execute, transmit, or place orders on behalf of clients; we do not provide portfolio management or crypto-asset advice. If any of these activities become part of our Services in the future, they may require prior authorization or notification under the Portuguese MiCA framework (Law 69/2025), including supervision by Banco de Portugal and/or CMVM, depending on the service.

2. Definitions

• "Services" means the cloud infrastructure, container orchestration platform, edge computing resources, and related software provided by Digital Frontier.
• "Customer" or "You" means the individual or entity accessing or using the Services.
• "Deployment" means any containerized workload, application, or service running on Digital Frontier infrastructure.
• "Platform" means the Digital Frontier orchestration software, APIs, console, and related tooling.
• "Infrastructure" means the physical and virtual computing resources, networks, and facilities operated by Digital Frontier.
• "Illegal Content" means any information that is not in compliance with applicable law, as defined in Article 3(h) of the DSA.
• "Digital Frontier Provider Nodes" means the Akash Network provider nodes operated by Digital Frontier on hardware owned by Digital Frontier and collocated at Oni.DC, Lisbon, Portugal.
• "Third-Party Akash Provider" means any independent operator of Akash Network provider nodes that is not Digital Frontier.

3. Acceptance of Terms

By creating an account, deploying workloads, or using any part of the Services, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, you must not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Where any conflict exists between these Terms and any purchase order, procurement document, or other terms or conditions submitted by you, these Terms shall prevail unless Digital Frontier has expressly agreed otherwise in a signed written agreement with you.

4. Account Registration

You must register an account to use the Services. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security of your account credentials.
• Accept responsibility for all activities under your account.
• Notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age to create an account. By registering, you represent that you are at least 18 years old.

5. Use of Services

5.1 Permitted Use

You may use the Services to deploy and run containerized workloads in accordance with these Terms, the Acceptable Use Policy, and applicable law.

5.2 Restrictions

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable local, national, EU, or international law or regulation.
• Deploy, store, or transmit content that infringes the intellectual property rights of any third party.
• Attempt to gain unauthorized access to any part of the Services, Infrastructure, or other customers' deployments.
• Interfere with or disrupt the integrity or performance of the Services.
• Resell or redistribute the Services without prior written consent.
• Use the Services to send spam, malware, or engage in phishing or distributed denial-of-service attacks.
• Circumvent, disable, or interfere with security features of the Services.

A comprehensive list of prohibited activities is set out in our Acceptable Use Policy.

5.3 Downstream and Third-Party Users

You may permit your authorized end users or downstream tenants to access and use the Services through your deployments. If you do so:

• You remain the sole contracting party with Digital Frontier and are fully liable for all use, fees, abuse, and compliance obligations arising from your account, regardless of whether the activity is carried out by you or by your end users.
• No direct contractual relationship is created between Digital Frontier and your end users unless expressly stated in a separate agreement signed by Digital Frontier.
• You are responsible for ensuring that your end users comply with these Terms, the Acceptable Use Policy, and all applicable laws, and for the consequences if they do not.
• You must not permit end users to use the Services in a way that would, if carried out by you directly, constitute a violation of these Terms or the Acceptable Use Policy.

6. Service Level and Availability

Digital Frontier strives to provide high availability of the Services but does not guarantee uninterrupted access. We may experience downtime due to:

• Scheduled maintenance (with reasonable advance notice where possible).
• Emergency maintenance to address security vulnerabilities.
• Compliance with lawful takedown or blocking orders from competent authorities.
• Force majeure events.
• Third-party provider outages beyond our control.

We will make reasonable efforts to provide advance notice of scheduled maintenance windows.

6.1 Upstream Dependencies

Our Services depend on upstream infrastructure providers, including but not limited to: datacenter operators and colocation facilities, network carriers and transit providers, cloud computing providers accessed through the platform, domain registrars and DNS providers, anti-DDoS and traffic-scrubbing vendors, and third-party payment processors. We may be required to suspend, migrate, restrict, or modify specific Services — including with limited or no advance notice — if required by:

• Acceptable use policies or contractual requirements of upstream providers;
• Network or infrastructure emergencies affecting upstream facilities;
• Sanctions screening obligations applicable to upstream settlement paths;
• Legal compulsion applicable to upstream parties; or
• Material risk to the integrity, security, or availability of our network or upstream networks.

Where practicable, we will notify affected customers of such actions and work to minimize disruption. Upstream-driven service interruptions that are outside our reasonable control are excluded from any service level commitments.

6.3 No Warranty for Direct Akash Marketplace Rentals

If you provision compute resources directly through the Akash Network marketplace — including through the Akash console at console.akash.network or any other Akash-compatible interface — without going through Digital Frontier's platform or provider nodes, Digital Frontier is not a party to that transaction and provides no warranty, representation, service level commitment, or support of any kind in relation to those resources.

Direct Akash marketplace rentals are peer-to-peer transactions conducted exclusively between you and the independent third-party provider(s) on the Akash Network. Digital Frontier has no visibility into, control over, or responsibility for:

• The availability, performance, or security of hardware operated by third-party Akash providers;
• The conduct, compliance, or reliability of any third-party Akash provider;
• The loss, corruption, or exposure of any data stored on third-party Akash provider hardware;
• Any interruption, termination, or degradation of resources leased through the Akash marketplace.

You assume all risk associated with direct Akash marketplace rentals. Digital Frontier expressly disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or uninterrupted availability, in connection with resources not provisioned through Digital Frontier's own provider nodes. No provision of these Terms creates any obligation on Digital Frontier in respect of third-party Akash marketplace resources.

If you are unsure whether a deployment is running on Digital Frontier's provider nodes or on a third-party Akash provider, please contact support@digitalfrontier.so before deploying.

6.2 Service Credits as Exclusive Remedy

Where we offer a Service Level Agreement ("SLA") for a specific service tier, any service credits provided under the SLA are your sole and exclusive remedy for service availability failures. Service credits are not cash refunds and do not entitle you to any additional damages, including for indirect loss, loss of profit, or consequential damages.

7. Customer Content and Data

7.1 Ownership

You retain all ownership rights to content and data you deploy or upload to the Services ("Customer Data").

7.2 Our Access

Digital Frontier will not access your Customer Data except:

• To provide technical support at your request.
• To comply with valid orders from competent authorities under the DSA (Articles 9 and 10), the EU terrorist content regulation, Portuguese cybercrime law (Law 109/2009), or other applicable law.
• To prevent or address security incidents, fraud, or violations of these Terms or the Acceptable Use Policy.
• To protect the rights, property, or safety of Digital Frontier, our customers, or the public.

7.3 Data Sovereignty

When you deploy workloads to Digital Frontier's own provider nodes — collocated at Oni.DC in Lisbon, Portugal — your Customer Data remains within the European Union, subject to EU data protection laws, including the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and Portuguese Law 58/2019.

When deploying to third-party cloud providers or third-party Akash Network providers through our platform, the data residency and data protection framework of those providers applies. Digital Frontier does not control or guarantee the data residency of resources provisioned through third-party Akash marketplace providers or other external cloud environments. For workloads involving personal data, you are responsible for ensuring that the selected provider's data residency meets your legal obligations.

7.4 Backups and Data Loss

Customer Data backups are your responsibility. Unless Digital Frontier expressly provides a managed backup or disaster-recovery service under a separate service description, we do not guarantee the preservation, recovery, or integrity of your Customer Data. You should maintain your own independent backups and recovery copies. Digital Frontier is not liable for any loss, corruption, or inaccessibility of Customer Data arising from hardware failure, software errors, accidental deletion, enforcement actions, upstream provider failure, or any other cause, except to the extent caused by our gross negligence or wilful misconduct.

Where Digital Frontier does offer backup services, the scope, retention period, recovery point objective (RPO), recovery time objective (RTO), and any exclusions will be defined in the applicable service description or SLA addendum.

7.5 Data Retention

Upon termination of your account, we will delete your Customer Data within 90 days, unless retention is required by applicable law (e.g., Portuguese tax law, Law 109/2009 evidence preservation orders). You may request earlier deletion by contacting us, subject to legal retention obligations.

8. Digital Services Act (DSA) Compliance

As a hosting service provider established in Portugal, Digital Frontier is subject to the DSA (Regulation (EU) 2022/2065). Portugal has designated the competent DSA authorities under Decree-Law 20-B/2024, with ANACOM serving as the Digital Services Coordinator.

8.1 Orders to Act Against Illegal Content (DSA Article 9)

Upon receipt of a valid order to act against specific illegal content from a competent judicial or administrative authority, we will inform the issuing authority of the effect given to the order without undue delay.

8.2 Orders to Provide Information (DSA Article 10)

When validly ordered by a competent authority, we will provide information already collected for the purposes of providing the Services and within our control. The DSA does not require us to collect or retain identity data that we have never collected. Disclosure is limited to information lawfully in our possession.

8.3 Notice-and-Action Mechanism (DSA Article 16)

We maintain an electronic, easy-to-access mechanism allowing any person or entity to notify us of specific allegedly illegal content hosted on our infrastructure. Reports can be submitted through our illegal content reporting page or by emailing abuse@digitalfrontier.so.

8.4 Statement of Reasons (DSA Article 17)

When we remove, disable access to, or restrict the availability of content because it is illegal or violates these Terms, we will provide a clear and specific statement of reasons to the affected user, except where a criminal procedure or legal secrecy rule lawfully limits notice.

8.5 Notification of Serious Crime (DSA Article 18)

Where we become aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, we will promptly notify the competent law enforcement or judicial authorities.

8.6 Points of Contact and Transparency

We maintain a point of contact for authorities and a point of contact for recipients of the Services. In accordance with DSA Article 15, we will publish annual transparency reports on content moderation and authority orders in machine-readable format.

9. Terrorist Content Online

Digital Frontier is subject to Regulation (EU) 2021/784 on the prevention of the dissemination of terrorist content online, as implemented in Portugal by Decree-Law 25/2026.

Under Decree-Law 25/2026, the Polícia Judiciária (PJ) is designated as the competent authority to issue suppression or blocking decisions, and ANACOM is the authority supervising specific measures and applying sanctions.

We are required to remove or disable access to terrorist content within one (1) hour of receiving a valid removal order. To meet this requirement, we maintain:

• A monitored emergency intake channel for terrorist content orders.
• Identity and competence verification procedures for incoming orders.
• Immediate legal and technical escalation protocols.
• Automated and manual capability to execute removal within the statutory window.
• Detailed logging of the time each order is received and the time action is taken.

Failure to comply with a valid terrorist-content removal order within the applicable period may constitute an administrative offence under Decree-Law 25/2026 and may result in sanctions imposed by ANACOM.

10. Law Enforcement and Authority Cooperation

Digital Frontier operates within the European Union and is subject to Portuguese and EU law. We maintain a clear and transparent process for cooperation with competent authorities, including:

• DSA orders: We process valid orders issued by competent judicial or administrative authorities under Articles 9 and 10 of the DSA, within the Portuguese framework in which ANACOM serves as Digital Services Coordinator.
• Terrorist content orders: Suppression and blocking orders from the Polícia Judiciária under Decree-Law 25/2026, with one-hour response capability.
• Cybercrime and evidence preservation: Orders under Portuguese Cybercrime Law (Law 109/2009), which provides for preservation and disclosure of stored computer data, judicially supervised search and seizure, and forms of evidence collection including copying, integrity preservation, access blocking, and irreversible deletion.
• Legal process: Court orders, search warrants, or subpoenas issued by competent Portuguese or EU judicial authorities.
• Emergency exceptions: In cases involving imminent threat to life, child exploitation, or ongoing serious criminal activity, we may disclose information without delay to the appropriate authorities, in accordance with DSA Article 18 and applicable law.

When legally permitted, we will notify you of any legal process requesting your Customer Data, unless we are prohibited from doing so by law or court order.

Law enforcement and regulatory authorities may submit inquiries through our contact form (selecting the "Authority & Legal Inquiries" category) or by emailing legal@digitalfrontier.so.

Digital Frontier does not voluntarily provide Customer Data to government agencies for surveillance or intelligence-gathering purposes. Except where applicable law permits or requires emergency disclosure, requests must follow formal legal channels as described above. We disclose only information lawfully in our possession and within our control, unless a broader lawful basis applies.

11. Sanctions Compliance

Digital Frontier is subject to EU and UN sanctions regimes. We maintain a risk-based sanctions compliance framework that includes:

• Screening of identified counterparties, enterprise customers, and vendors against EU and UN sanctions lists.
• Risk-based due diligence for fiat settlement partners and red-flag jurisdictions.
• Refusal to provide Services to sanctioned persons or entities, or for the benefit of sanctioned persons or entities.
• Prompt reporting to the relevant authorities where sanctions violations are suspected.

Our sanctions compliance does not require universal KYC of every user on decentralized networks. It is proportionate to our role as a hosting provider and focused on identified, direct business relationships.

12. Cybersecurity (NIS2)

Digital Frontier may fall within the scope of the NIS2 Directive (Directive (EU) 2022/2555) as transposed into Portuguese law by Decree-Law 125/2025, which covers providers of cloud-computing services and data-centre services. We are assessing our precise classification under NIS2 and, where applicable, will comply with the registration, incident reporting, and cybersecurity risk-management obligations under Decree-Law 125/2025, under the supervision of the competent Portuguese cybersecurity authorities, including CNCS where applicable.

13. Enforcement Actions

If we become aware of or suspect violations of these Terms, the Acceptable Use Policy, or applicable law — whether through our own monitoring, third-party reports via our notice-and-action mechanism, or orders from competent authorities — we may take enforcement actions including:

• Issuing warnings to the account holder.
• Suspending or terminating specific deployments, ports, or network interfaces associated with the violation.
• Removing, disabling access to, or restricting the availability of illegal content.
• Restricting or suspending account access.
• Terminating your account entirely.
• Preserving relevant data and logs in anticipation of legal process.
• Reporting the activity to the relevant law enforcement or regulatory authorities, including the Polícia Judiciária or sectoral supervisors.

When we take enforcement actions that restrict or remove content, we will provide a statement of reasons as required by DSA Article 17, except where a criminal procedure or secrecy rule lawfully limits notice.

14. Intellectual Property

14.1 Our Rights

The Platform, including all software, documentation, APIs, and user interfaces, is the property of Digital Frontier and is protected by intellectual property laws. No license or right is granted to you except as expressly stated in these Terms.

14.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your lawful business purposes.

14.3 Feedback

If you provide feedback or suggestions regarding the Services, you agree that Digital Frontier may use such feedback without restriction or compensation to you.

15. Payment and Billing

15.1 Fees and Payment Structure

Payment terms vary based on the service plan and pricing model you select. By using the Services, you agree to:

• Pay all charges incurred by your account in accordance with the pricing applicable to your selected plan.
• Provide valid, current payment information and keep it up to date throughout the term of your subscription.
• Pay any applicable taxes, VAT, duties, or similar governmental charges. Where Digital Frontier is required to collect VAT or similar taxes, these will be added to your invoice. You are responsible for any withholding taxes or similar obligations applicable in your jurisdiction.

15.2 Prepaid and Postpaid Services

Some service tiers operate on a prepaid basis, where fees are charged in advance for the upcoming billing period. Others operate on a postpaid or usage-based basis, where fees are calculated and invoiced in arrears based on actual consumption. The applicable model is set out in your service plan.

15.3 Overages and Usage-Based Charges

If your usage exceeds the included allowances in your plan — including compute, storage, bandwidth, egress, or API calls — you will be charged for such overages at the applicable overage rates. Overage charges will be billed at the end of the relevant billing period. We will make reasonable efforts to provide usage visibility through the Platform, but it is your responsibility to monitor consumption and configure appropriate alerts.

15.4 Invoicing and Due Dates

Invoices are issued electronically. Payment is due within the period stated on the invoice, typically fourteen (14) days from the invoice date unless otherwise agreed. Late payments may incur interest at the statutory rate applicable under Portuguese commercial law (Article 102 of the Portuguese Commercial Code, as supplemented by Decree-Law 62/2013 implementing EU Directive 2011/7/EU on combating late payment in commercial transactions), from the due date until the date of actual payment.

15.5 Non-Payment and Suspension

If payment is not received by the due date, we reserve the right to:

• Send payment reminders and impose late-payment interest as described above.
• Suspend your access to the Services upon reasonable written notice, which may be as short as seven (7) days after the due date if payment remains outstanding.
• Terminate your account for persistent non-payment, with such termination being treated as termination for cause under Section 19.3.

During a suspension for non-payment, your deployments may be stopped but your Customer Data will be preserved for a minimum of thirty (30) days to allow you to settle outstanding amounts and restore access.

15.6 Pricing Changes

We reserve the right to modify pricing with reasonable advance notice, which will be given at least thirty (30) days before any change takes effect for existing subscriptions, except where changes are required by changes in applicable taxes or regulatory requirements. Continued use of the Services after the effective date of a pricing change constitutes acceptance of the new pricing.

15.7 Refunds

Except as expressly stated in your service plan, fees paid to Digital Frontier are non-refundable. We do not provide prorated refunds for partial billing periods upon termination, except where required by applicable Portuguese consumer law or as we may agree in writing at our discretion. Service credits issued under an SLA are not cash refunds and cannot be exchanged for currency.

16. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with these Terms. Confidential information will not be disclosed to third parties except as required by law or as necessary to provide the Services.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied.
• Digital Frontier shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.
• Our total aggregate liability shall not exceed the total amount paid by you to Digital Frontier in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.

Under the DSA (Article 6), a hosting provider that does not have actual knowledge of illegal activity or information and, upon obtaining such knowledge, acts expeditiously to remove or disable access to the information, is not liable for the information stored at the request of a recipient. The DSA also prohibits Member States from imposing a general monitoring obligation on providers of intermediary services.

18. Indemnification

You agree to indemnify, defend, and hold harmless Digital Frontier, its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

19. Term and Termination

19.1 Term

These Terms remain in effect for as long as you maintain an account with us.

19.2 Termination by You

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services ceases immediately.

19.3 Termination by Us

We may suspend or terminate your account for cause, including violation of these Terms or the Acceptable Use Policy, with notice where practicable. We may terminate for convenience with thirty (30) days' prior written notice.

19.4 Effect of Termination

Upon termination, all active deployments will be stopped, and Customer Data will be deleted in accordance with Section 7.4. Provisions that by their nature should survive termination will remain in effect.

20. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Lisbon, Portugal.

If you are a consumer resident in the EU, this clause does not deprive you of any mandatory consumer protections or jurisdictional rights available under applicable law, including those arising under the Brussels I Regulation and Rome I Regulation.

Before initiating legal proceedings, you agree to attempt to resolve disputes informally by contacting us. We will attempt to resolve the dispute within sixty (60) days.

For the avoidance of doubt, the DSA and other directly applicable EU regulations take precedence over national law where they so provide.

21. Modifications

We may modify these Terms from time to time. We will notify you of material changes by posting a notice on our website, sending an email to the address associated with your account, or through the Platform. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms.

22. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Digital Frontier regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
• Force Majeure: We shall not be liable for any failure to perform obligations due to causes beyond our reasonable control.

23. Contact Information and Competent Authorities

For questions about these Terms:

• Legal: legal@digitalfrontier.so
• Abuse reports: abuse@digitalfrontier.so
• Emergency / terrorist content orders: emergency@digitalfrontier.so
• Postal: Digital Frontier Unipessoal LDA, Cascais, Portugal

Relevant Portuguese authorities:

• ANACOM — DSA Digital Services Coordinator for Portugal
• CNPD — Data protection supervisory authority (www.cnpd.pt)
• Polícia Judiciária (PJ) — Competent authority for terrorist content online orders and cybercrime
• Banco de Portugal / CMVM — Competent authorities for MiCA / CASP matters (not applicable to our current Services)
• IGAC — Competent authority for copyright matters under the DSA