Terms of Service | Everstack

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Everstack platform, websites, APIs, command-line tools, and related services (collectively, the "Service") operated by Everstack Labs Limited ("Everstack", "we", "us", or "our"), a company registered in Ireland.

By creating an account, accessing the Service, or clicking to accept these Terms, you ("Customer", "you", or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

If you do not agree to these Terms, do not access or use the Service.

These Terms form a binding agreement between you and Everstack. They incorporate by reference our Privacy Policy and, where applicable, our Data Processing Agreement ("DPA").

2. Definitions

Account - the registered tenant under which you access the Service, including all users, projects, and resources associated with it.
Customer Content - all data, prompts, configurations, code, evaluations, sandboxes, logs, model outputs, and other materials you submit to or generate through the Service.
Documentation - the user-facing documentation we publish at docs.everstack.ai.
LLM Provider - any third-party large-language-model provider (for example, Anthropic, OpenAI, Google) that you choose to route requests to through the Service.
Service - the Everstack platform, including the LLM gateway, observability tooling, agent sandboxes, and any features released as part of those products.
Subprocessor - a third party engaged by Everstack to process Customer Content on our behalf, as listed in the Privacy Policy.
User - an individual authorised to access the Service under your Account.

3. Eligibility and Account Registration

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. The Service is intended for business and professional use; it is not designed for personal use by consumers.

When you register, you agree to (a) provide accurate, current, and complete information, (b) keep that information up to date, and (c) keep your credentials confidential. You are responsible for all activity that occurs under your Account, including the actions of every User you invite. Notify us immediately at [email protected] if you suspect unauthorised access.

We may suspend or terminate Accounts that submit false information, are inactive for extended periods, or violate these Terms.

4. Subscriptions and Free Trials

The Service is offered on free, pay-as-you-go, and subscription tiers described on our pricing page. Plan features, usage limits, and prices may change; we will give you reasonable notice of material changes that affect your active plan.

Free tier. Free-tier usage is subject to fair-use limits and may be rate-limited, throttled, or paused if your usage substantially exceeds expected patterns or impacts other customers.

Free trials. Where we offer a paid plan trial, the trial converts to a paid subscription at the end of the trial period unless you cancel before it ends.

Auto-renewal. Paid subscriptions renew automatically for successive terms (monthly or annual) until cancelled. You may cancel renewal at any time from your billing settings; cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You must not, and must not permit any User or third party to:

use the Service to build, train, host, or deliver any product or service that is competitive with the Service;
introduce malicious code, viruses, or material designed to disrupt the Service or any other system;
abuse, bypass, or attempt to bypass rate limits, quotas, or security controls;
use the Service to violate any LLM Provider's terms or acceptable-use policy;
submit personal data of EU/EEA data subjects in bulk without an executed DPA in place;
use the Service to generate or distribute unlawful, infringing, defamatory, harassing, or deceptive content;
attempt to reverse-engineer, decompile, or extract the source code of the Service, except where this restriction is prohibited by applicable law;
resell, sublicense, or otherwise commercially redistribute the Service without our prior written consent; or
use the Service in any way that breaches applicable law, including export-control, sanctions, and data-protection law.

We may investigate suspected violations and suspend access immediately where misuse poses a risk to the Service, other customers, or third parties.

6. Customer Content

You retain all right, title, and interest in and to Customer Content. You grant Everstack a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and otherwise process Customer Content solely as necessary to provide and improve the Service, comply with applicable law, and enforce these Terms.

We may generate and retain aggregated and anonymised statistics (for example, request counts, latency distributions, error rates) that cannot reasonably identify you or any individual. Such aggregated data is not Customer Content and may be used to operate, secure, and improve the Service.

You are solely responsible for the legality, accuracy, and appropriateness of Customer Content, including ensuring you have obtained any consents or rights required to submit it.

You are responsible for backing up Customer Content. We will use reasonable efforts to maintain redundancy and durability, but the Service is not a backup or archival product.

7. Third-Party LLM Providers

The Service routes inference requests to LLM Providers selected by you. Use of those providers is governed by their terms and privacy policies, and you are responsible for complying with them. We are not responsible for the availability, accuracy, or quality of any LLM Provider's outputs, model behaviour, or service levels.

When you use your own provider API keys, those keys remain your credentials. We store them encrypted and use them only to forward requests on your behalf. You can revoke a stored key at any time.

LLM outputs can be incorrect, biased, or hallucinated. You must independently evaluate outputs before relying on them, especially for any decision affecting health, finance, employment, legal status, or other significant interests.

8. Intellectual Property

The Service, including all software, designs, documentation, and trade marks, is owned by Everstack or its licensors and is protected by intellectual-property laws. Nothing in these Terms transfers ownership of the Service or any associated intellectual-property rights to you.

We grant you a limited, non-exclusive, non-transferable, revocable licence during the term to access and use the Service for your internal business purposes.

If you submit feedback, suggestions, or ideas about the Service, you grant Everstack a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without obligation to you.

9. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The recipient must (a) use Confidential Information only to exercise rights or perform obligations under these Terms, (b) protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and (c) not disclose it except to employees, contractors, and advisers who have a need to know and are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available, was rightfully known before disclosure, is independently developed, or is rightfully obtained from a third party without restriction.

This Section survives termination of these Terms for three years; trade secrets remain protected for as long as they qualify as trade secrets.

10. Fees and Payment

Paid plans are billed in advance on a monthly or annual cycle. Usage-based charges (for example, additional gateway requests or sandbox compute) are billed in arrears for the prior period.

Fees are stated exclusive of taxes. You are responsible for all sales, value-added, withholding, and similar taxes other than taxes on Everstack's income. Where required, we will collect and remit applicable taxes.

Invoices are payable on receipt unless otherwise stated. If payment fails or is overdue, we may (a) charge statutory interest at the rate permitted under applicable law, (b) suspend the Service after reasonable notice, and (c) terminate the Account if non-payment continues for more than thirty (30) days.

All payments are processed by our payment provider, Stripe.

11. Warranties and Disclaimers

Each party warrants that it has authority to enter into these Terms.

Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

We do not warrant that the Service will be error-free, secure against every conceivable threat, or available without interruption.

We make no warranty in respect of any output produced by an LLM Provider, including but not limited to factual accuracy, originality, or absence of hallucination.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, anticipated savings, or data, even if advised of the possibility; and
each party's total aggregate liability arising out of or relating to these Terms will not exceed the fees paid or payable by you to Everstack in the twelve (12) months immediately preceding the event giving rise to liability.

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

13. Indemnification

By you. You will defend, indemnify, and hold harmless Everstack and its affiliates, officers, employees, and agents from and against any third-party claim, loss, or expense (including reasonable legal fees) arising from (a) your breach of these Terms, (b) Customer Content, or (c) your violation of applicable law or any third party's rights.

By us. We will defend you against any third-party claim alleging that your authorised use of the Service infringes that third party's intellectual-property rights, and we will pay damages finally awarded or amounts in settlement, provided you (a) notify us promptly, (b) give us sole control of the defence and any settlement, and (c) provide reasonable cooperation. We have no obligation for claims arising from Customer Content, your modifications to the Service, or your combination of the Service with materials we did not supply.

14. Term and Termination

These Terms apply from the date you first accept them and continue until terminated.

Termination for convenience. You may close your Account at any time from your account settings. We may discontinue free-tier access at any time on reasonable notice.

Termination for cause. Either party may terminate immediately on written notice if the other party (a) materially breaches these Terms and fails to cure within thirty (30) days of notice (or immediately for breaches that cannot be cured), or (b) becomes insolvent, enters into examinership, receivership, or liquidation under the Irish Companies Act 2014, or is otherwise unable to pay its debts as they fall due.

Effect of termination. On termination, your right to access the Service ends. We will make Customer Content available for export for thirty (30) days following termination, after which we may delete it in accordance with our retention practices. Accrued fees and obligations that by their nature should survive termination (including Sections 6, 8, 9, 11, 12, 13, 17, and 18) survive.

Where Everstack processes personal data on your behalf, that processing is governed by our DPA, which forms part of these Terms once executed. The DPA is available on request from [email protected] and is required if you intend to submit personal data of EU/EEA data subjects to the Service.

Primary processing infrastructure is located in the European Union (OVHcloud, Gravelines region). We will only transfer personal data outside the EU/EEA where permitted by applicable data-protection law, including under appropriate safeguards such as Standard Contractual Clauses.

For full details of the personal data we collect, how we use it, and your rights, see our Privacy Policy.

16. Modifications to the Service and Terms

We may modify the Service from time to time, including adding, removing, or changing features. We will not make changes that materially reduce the core functionality of a paid plan during your then-current term without notice.

We may amend these Terms by posting an updated version at this URL. For material changes that adversely affect you, we will provide at least thirty (30) days' notice by email or in-product notification before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms. If you do not accept the changes, you may terminate before they take effect and receive a pro-rata refund of any prepaid, unused fees.

17. Governing Law and Disputes

These Terms are governed by the laws of Ireland, without regard to its conflict-of-laws principles.

The courts of Ireland have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or in connection with these Terms or their subject matter, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual-property rights or Confidential Information.

The parties will attempt in good faith to resolve any dispute by negotiation before commencing proceedings.

18. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any DPA, order form, or service-specific terms referenced in them, constitute the entire agreement between the parties and supersede all prior agreements on the same subject.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

No waiver. A party's failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee assumes all obligations. We may assign these Terms freely.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, war, civil unrest, network failures, or actions of governmental authority.

Notices. Notices to Everstack must be sent to [email protected] (legal notices: [email protected]). Notices to you may be sent to the email address on your Account.

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

19. Contact

Questions about these Terms can be sent to [email protected]. Security disclosures should go to [email protected]. Data-protection requests should go to [email protected].