Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between Forty Nine Hundred, a private company limited by shares incorporated under the laws of Portugal ("4900", "we", "us"), and the entity executing an Order Form or registering for the Service ("Customer", "you").

By accessing or using the 4900 AI Governance Platform, AI Gateway, or related services (collectively, the "Service"), you agree to be bound by these Terms.

2. The Service

4900 provides an AI Governance Platform designed to secure, monitor, and audit the use of Generative AI within enterprise environments.

• AI Gateway: You acknowledge that the Service acts as a proxy/gateway between your internal users/applications and third-party Large Language Model (LLM) providers.
• Pilot/Beta Access: If you are accessing the Service under a "Design Partner" or "Pilot" agreement, specific terms regarding the duration and scope of the pilot in your separate agreement shall prevail over conflicting terms here.

3. Access and Use

• License: Subject to payment of applicable fees, 4900 grants you a non-exclusive, non-transferable, limited right to access and use the Service for your internal business purposes.
• Restrictions: You shall not: (a) reverse engineer the 4900 Gateway architecture; (b) use the Service to conduct competitive analysis or benchmark performance without our prior written consent; (c) attempt to bypass the security or "fail-closed" mechanisms of the Gateway.

4. Data Protection & Security (NIS2/GDPR)

• Data Processing: 4900 acts as a Data Processor. We process Customer Data (including prompt logs and metadata) solely to provide the Service (e.g., for DLP inspection, audit logging, and threat detection).
• Data Sovereignty: We commit that the primary processing and storage of Customer Data for EU customers will remain within the European Economic Area (EEA), unless explicitly configured otherwise by the Customer (e.g., by routing to US-based LLMs).
• Security: We implement technical and organizational measures consistent with ISO 27001 and NIS2 standards to protect your data. However, you acknowledge that no system is 100% secure.

5. Third-Party AI Providers

• Intermediary Role: The Service routes data to third-party LLM providers (e.g., OpenAI, Anthropic) based on your configuration. 4900 is not responsible for the availability, accuracy, or content generated by these third-party providers.
• Liability: You retain full liability for the content (inputs and outputs) generated by your use of third-party models.

6. Intellectual Property

• 4900 IP: We retain all rights to the Service, including our proprietary "AI Threat Intelligence Engine," gateway architecture, and cost-optimization algorithms.
• Feedback: Any feedback provided during the Design Partner/Pilot phase becomes the property of 4900, and we may use it to improve the Service without obligation to you.

7. Warranties and Disclaimers

• "As Is": during any Pilot or Free Assessment phase, the Service is provided "AS IS" without warranty of any kind.
• No Compliance Guarantee: While 4900 provides tools to assist with NIS2 and EU AI Act compliance, we do not guarantee that your use of the Service ensures compliance with these laws. You remain solely responsible for your regulatory obligations.

8. Limitation of Liability

To the maximum extent permitted by Portuguese law:

• Cap: Our total liability arising out of these Terms shall not exceed the total amount paid by you in the twelve (12) months preceding the claim.
• Exclusions: In no event shall 4900 be liable for lost profits, data loss, or consequential damages, nor for any "hallucinations" or errors produced by connected AI models.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal. Any disputes shall be resolved exclusively in the courts of Lisbon, Portugal.

10. Contact

For legal inquiries: