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Enterprise Terms
& Data Processing Agreement (DPA)

Legal Document Exclusive to Enterprise Plan Clients - ContinuumAI Technologies LLC

Last updated: March 2026

This document supplements the general Terms and Conditions of ContinuumAI and establishes the specific conditions applicable to clients subscribed to the Enterprise Plan, including the Data Processing Agreement (DPA) in compliance with international data protection regulations.

1. IDENTIFICATION AND LEGAL FRAMEWORK

Service Provider: ContinuumAI Technologies LLC, a limited liability company incorporated under the laws of the State of Wyoming, United States of America, with registered address at 1021 E Lincolnway 9440, Cheyenne, WY 82001.

Enterprise Client: The legal or natural person who has subscribed to the ContinuumAI Enterprise Plan and who acts as the Data Controller in the context of this DPA.

This document is jointly governed by the laws of the State of Wyoming and by applicable international regulations on data protection, including the General Data Protection Regulation (GDPR) of the European Union, the California Consumer Privacy Act (CCPA) and any other relevant legislation according to the Client's jurisdiction.

2. DATA PROCESSING AGREEMENT (DPA)

This Data Processing Agreement forms an integral part of the Enterprise contract and establishes the obligations of both parties in relation to the processing of personal data.

2.1 Roles and Responsibilities. For the purposes of this DPA, the Client acts as the Data Controller and ContinuumAI Technologies LLC acts as the Data Processor. ContinuumAI shall process personal data only in accordance with the Client's documented instructions and for the provision of the contracted services.

2.2 Purpose and Scope of Processing. ContinuumAI shall process the Client's personal data exclusively for: (a) the provision of the contracted Enterprise platform services; (b) the maintenance and improvement of service security and performance; (c) compliance with applicable legal obligations; and (d) any other purpose expressly authorized by the Client through written instructions.

2.3 Security Measures. ContinuumAI shall implement and maintain appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, and against accidental loss, destruction or damage. These measures include, among others:

  • Encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256).
  • Role-based access controls with multi-factor authentication (MFA).
  • Logical data isolation between Enterprise clients.
  • Audit logs and continuous access monitoring.
  • Periodic vulnerability assessments and penetration testing.
  • Incident response and business continuity plans.

2.4 Sub-processors. ContinuumAI may engage sub-processors for the processing of personal data, provided that: (a) the Client is notified at least 30 days in advance before incorporating a new sub-processor; (b) contracts are formalized with sub-processors that offer guarantees equivalent to those contained in this DPA; and (c) ContinuumAI remains fully liable to the Client for the actions of its sub-processors.

2.5 International Data Transfers. In cases where data processing involves international transfers outside the European Economic Area (EEA) or jurisdictions with equivalent regulations, ContinuumAI shall ensure the existence of adequate transfer mechanisms, such as Standard Contractual Clauses approved by the European Commission, adequacy decisions or any other legally recognized mechanism.

3. SERVICE LEVELS AND SUPPORT (SLA)

ContinuumAI commits to maintaining a minimum service availability of 99.9% monthly, calculated as the percentage of minutes during which the platform is operational and accessible during the billing period, excluding previously communicated scheduled maintenance windows.

  • Critical incidents (P1): maximum response time of 1 hour. Target resolution in 4 hours. Service completely inaccessible or data loss.
  • Major incidents (P2): maximum response time of 4 hours. Target resolution in 24 hours. Significantly degraded functionality.
  • Minor incidents (P3): maximum response time of 24 hours. Target resolution in 72 hours. Issues that do not affect critical operations.
  • General requests (P4): maximum response time of 48 hours. Queries, information requests and improvements.

In the event of SLA non-compliance, the Client may request service credits proportional to the excess downtime, in accordance with the compensation table established in the Enterprise contract.

4. DATA RETENTION AND DESTRUCTION

Upon termination of the Enterprise contractual relationship, ContinuumAI shall proceed, at the Client's election, to: (a) return all of the Client's personal data in a structured, commonly used and machine-readable format; or (b) securely and irreversibly destroy all personal data within a maximum period of 30 calendar days after contract termination.

ContinuumAI shall issue a data destruction certificate when requested by the Client. Data whose retention is required by legal or regulatory obligations is exempt from the destruction obligation and shall be maintained in an isolated and protected manner exclusively for said purpose.

5. AUDIT RIGHTS

The Enterprise Client shall have the right to conduct or commission audits to verify compliance with the obligations established in this document and in the DPA, subject to the following conditions:

  • Audits shall be conducted with a minimum notice period of 30 calendar days.
  • They shall be limited to the scope of the Client's data processing and shall not interfere with the operations of other clients.
  • The auditor must sign a confidentiality agreement before the audit begins.
  • ContinuumAI shall provide reasonable access to documentation, facilities and relevant personnel.
  • A maximum of one audit per calendar year is permitted, unless a security incident or regulatory requirement justifies additional audits.

ContinuumAI shall make available to the Client compliance reports, security certifications and results of independent audits conducted by accredited third parties.

6. ADDITIONAL INDEMNIFICATIONS

In addition to the indemnifications provided in the general Terms and Conditions, ContinuumAI shall indemnify the Enterprise Client against any claim, penalty, fine or direct damage resulting from: (a) a demonstrable breach of DPA obligations by ContinuumAI; (b) a security breach caused by ContinuumAI's negligence in implementing the committed security measures; or (c) the processing of personal data outside the scope of the Client's documented instructions.

The total cumulative liability of ContinuumAI under this indemnification clause shall not exceed the total amount paid by the Client for Enterprise services during the 12 months preceding the event that gave rise to the claim, except in cases of willful misconduct or gross negligence.

7. TERMINATION, LEGAL COMPLIANCE AND GOVERNING LAW

The Enterprise contract may be terminated by either party with a minimum notice period of 90 calendar days. In the event of material breach by either party, the affected party may terminate the contract with immediate effect if the breach is not remedied within 30 days of written notification.

Both parties commit to complying with all applicable laws and regulations in connection with the provision and use of Enterprise services, including but not limited to data protection, technology export and anti-corruption regulations.

This document shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America. Any dispute shall be submitted to the exclusive jurisdiction of the courts of the State of Wyoming, without prejudice to the right of the parties to resort to arbitration mechanisms in accordance with the rules of the American Arbitration Association (AAA).

The provisions of the DPA that by their nature should survive the termination of the contract, including those relating to confidentiality, data retention and destruction, indemnification and limitation of liability, shall remain in effect after the conclusion of the contractual relationship.

For inquiries related to the Enterprise Plan or the DPA, please contact our dedicated team through the Enterprise support channels available on the platform.