These Terms of Service (“Terms”) govern your access to and use of the hosted Caution platform and related services provided by Caution SEZC, including our website, and any fully managed or managed on-premises deployments (collectively, the “Services”). By using the Services, you agree to these Terms.
If you are accepting these Terms on behalf of a corporation, legal entity or other organization, you represent that you have the authority to bind that organization and that it is duly organised, validly existing and in good standing under the laws of its jurisdiction of formation. “Customer” means the individual or legal entity using the Services. You also represent that you are of legal age and have the capacity to enter into these Terms under the laws that apply to you.
1. Who we are and what these Terms cover
Caution SEZC, a special economic zone company organized under the laws of the Cayman Islands (“Caution”, “we”, “us”), provides a compute platform that helps customers run sensitive workloads using confidential compute technologies with hardware- or cryptography-backed verification.
These Terms govern your use of:
(a) the Services, including fully managed and managed on-premises deployments; and
(b) our web properties and control plane, including dashboards, application programming interfaces (APIs), and service documentation made available by Caution in connection with the Services.
Any descriptions of the Services or documentation are provided for convenience and do not create separate contractual obligations beyond those set out in these Terms and any applicable order form or other written agreement between you and Caution.
2. Description of the Services
The Services may include, as applicable:
(a) a control plane and APIs to define, deploy, and manage workloads;
(b) execution environments that may rely on trusted hardware or attestation mechanisms;
(c) operational tooling for orchestration, monitoring, and reliability; and
(d) any optional support that Caution may make available, including community spaces and any paid support purchased under a separate support add-on or other written agreement.
Caution may update or modify the Services from time to time, including by adding or removing features, changing how components are implemented, or updating dependencies.
3. Deployment options
3.1 Managed on-premises
Managed on-premises deployments provide:
(a) deployment on your own servers or cloud accounts;
(b) Caution-managed updates and operations for the Caution platform components; and
(c) any optional support you purchase under a separate support add-on or other written agreement.
In this model, you retain control over the underlying infrastructure (such as your cloud or on-premises environment), and Caution operates the Caution components on your behalf under a shared-responsibility model described in Section 7 and, where applicable, any separate written agreement between you and Caution.
3.2 Fully managed
Fully managed deployments provide:
(a) hosting in infrastructure operated or controlled by Caution;
(b) Caution-managed infrastructure, updates, monitoring, and reliability; and
(c) any optional support you purchase under a separate support add-on or other written agreement.
In this model, Caution is responsible for operating the Caution stack and underlying hosting environment, while you remain responsible for your application code, secrets, and how you use the results produced by the Services.
4. Accounts and eligibility
To use the Services, you may need to create an account and provide certain information. You agree to:
(a) provide accurate and complete information where required;
(b) keep your credentials secure and not share them with unauthorized parties; and
(c) ensure that anyone using the Services under your account does so in compliance with these Terms.
You may choose to use the Services without providing an email address. If you do so, you understand and agree that:
(a) you will not receive email updates (including notices about changes to these Terms or our policies); and
(b) it is your responsibility to check our website or service documentation for updates.
(c) you may not receive notices about service termination, suspension, billing issues, or other service interruptions, and you remain responsible for any consequences of not receiving such notices.
By accessing or using the Services, you represent and warrant that:
(a) your entry into, performance of, and use of the Services under these Terms does not and will not violate any law, regulation, judgment, order or contractual obligation applicable to you; and
(b) you are not a Prohibited Person nor acting for or on behalf of a Prohibited Person.
A “Prohibited Person” means any person or entity that:
(i) is the subject of any economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties, such as the U.S. Department of the Treasury’s Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List or Entity List, the European Union Consolidated List of Sanctions Targets, or the United Kingdom Consolidated List of Financial Sanctions Targets;
(ii) is located in, resident in, organised under the laws of, or otherwise subject to the jurisdiction of any country or territory that is the subject of comprehensive economic or trade sanctions or has been designated as supporting terrorism by the United Nations, the European Union, the United Kingdom or the United States; or
(iii) is owned or controlled, directly or indirectly, by any person or entity described in paragraphs (i) or (ii) above.
5. Acceptable use
You agree not to use the Services to:
(a) violate any applicable law, regulation, or third-party rights (including intellectual property, privacy, and data protection rights);
(b) run workloads that are illegal or that you are not authorized to run;
(c) interfere with or disrupt the Services or the infrastructure of others, including through denial-of-service attacks, abusive traffic patterns, or unauthorized scanning, or illegal emailing activity (such as spam or phishing);
(d) attempt to bypass, disable, or circumvent metering, access controls, or security safeguards;
(e) upload or transmit malware, backdoors, or intentionally harmful code; or
(f) misrepresent your identity or affiliation, or impersonate others.
Nothing in this Section 5 permits or excuses denial-of-service attacks, traffic flooding, or other activities that degrade the availability of the Services. Nothing in this Section 5 prohibits good-faith security research or authorised testing that does not degrade service for other users and that is conducted in accordance with our published security or responsible disclosure policy (if any), or with our prior written permission.
You are responsible for ensuring your particular use of the Services complies with all applicable laws and regulations in your jurisdiction and sector.
6. Data, workloads, and verification
6.1 Ownership of data and workloads
As between you and Caution:
(a) you retain ownership of your application code, workloads, configurations, data, and any outputs produced by your workloads; and
(b) Caution retains ownership of the platform software, documentation, infrastructure, and all related intellectual property.
You grant Caution a limited, non-exclusive license to process your workloads and data as reasonably necessary to provide, maintain, and improve the operation and reliability of the Services, including generating logs and verification artifacts in connection with the operation of the Services. This license does not permit Caution to use your workloads or data to train models or to develop unrelated products or services outside the context of operating, securing, and improving the Services you use.
For clarity, this does not include using customer workloads or data to train models or to develop unrelated products or services.
Caution does not sell your workloads or data to third parties, and does not disclose them to third parties for their independent marketing or advertising purposes.
6.2 Verification artifacts
The Services may generate verification artifacts (such as proofs, attestations, or similar evidence of execution) as part of normal operation. These artifacts may be processed by Caution for purposes including security and integrity checks of the Services.
You are responsible for how you share or publish any verification artifacts associated with your workloads and for ensuring that any information you choose to include in or associate with those artifacts is appropriate for that purpose.
7. Security model and responsibilities
7.1 Our responsibilities
The shared-responsibility model for security and operations in managed on-premises and fully managed deployments is set out in this Section 7.
For fully managed and managed on-premises deployments, Caution is responsible for:
(a) maintaining and operating the Caution platform components (and underlying hosting infrastructure, in the fully managed model);
(b) applying updates and security patches to platform components within a reasonable time; and
(c) implementing technical and organizational measures designed to protect the confidentiality, integrity, and availability of the Services.
Caution’s security and verification model may rely on third-party hardware and cloud providers. The level of assurance in any particular deployment may depend on those providers’ correct functioning.
7.2 Your responsibilities
You are responsible for:
(a) the design, security, and correctness of your workloads, application code, and configurations;
(b) managing your own secrets, keys, and access controls for your users and systems;
(c) ensuring that data you process through the Services is collected and used lawfully; and
(d) evaluating whether the characteristics of the Services are sufficient for your specific use cases and regulatory requirements.
Verification confirms that a particular workload ran as described on particular inputs under specific conditions. It does not guarantee that your business logic is error-free, that external data sources are accurate, or that you comply with all regulatory rules.
8. Privacy, data protection, and telemetry
8.1 Roles and privacy documents
Caution is designed to operate with minimal personal data. For the purposes of applicable data protection laws:
(a) for customer workloads and data processed through the Services, Caution generally acts as a data processor, processing data on your documented instructions; and
(b) for limited account and operational metadata (such as account identifiers, usage signals, and logs necessary to provide and secure the Services), Caution acts as a data controller.
Details on how we handle personal data are set out in the Caution Privacy Notice, which is incorporated into these Terms by reference and made available at caution.co/privacy. Where applicable or executed, the Caution Data Protection Addendum (DPA) will also apply and form part of these Terms.
Users may request access to or deletion of personal data as described in the Caution Privacy Notice.
The Privacy Notice may be updated from time to time, and the version and “last updated” date published at that URL describe the current applicable version.
8.2 Metrics, telemetry, and logs
To operate and secure the Services, Caution may collect telemetry and logging information from deployments that use the Services, including:
(a) service health signals such as error rates, crash reports, and failed requests;
(b) performance metrics such as latency, CPU or memory usage, and queue depth;
(c) usage signals such as which features are exercised, how often, and in what combinations; and
(d) diagnostic context such as stack traces, error codes, and version identifiers.
In the course of providing the Services, network-level information such as IP addresses may be visible in transient connection state or ephemeral system buffers. In addition, IP addresses or similar network identifiers may be recorded in security-related logs, for example for authentication events, intrusion detection, rate limiting, or abuse prevention. This type of operational and security logging is part of how the Services are protected and operated.
Caution does not use telemetry or logs for long-term behavioral profiling or tracking of individual users, and does not retain routine service health and performance telemetry longer than is reasonably necessary to monitor service operation, investigate and respond to issues, support security and forensic analysis, and meet applicable legal or compliance requirements. After that, routine health and performance telemetry is deleted or irreversibly anonymized.
Telemetry is collected and used solely as an operational necessity to provide, protect, and improve the operation and reliability of the Services. It is limited to what is strictly necessary for service operation, security, and reliability. Telemetry is not intended to include your workload content or secrets.
We implement technical and organizational measures intended to minimize the inclusion of secrets in logs and diagnostic data, but you should avoid placing secrets or sensitive payloads in places where they may appear in logs or diagnostic data, such as URLs, error messages, or stack traces.
9. Third-party services and subprocessors
The Services may integrate with, make available, or otherwise rely on services, software, content, data, information, applications or materials provided by third parties, or may include links to third-party websites or services (collectively, “Third-Party Services and Materials”).
Caution does not endorse, control or assume responsibility for any Third-Party Services and Materials. Your access to and use of any Third-Party Services and Materials is governed solely by the applicable terms, conditions and policies of the relevant third-party provider, and you are responsible for reviewing and complying with those terms.
To the fullest extent permitted by law, Caution makes no representations or warranties, and accepts no responsibility or liability, in respect of any Third-Party Services and Materials, including with respect to their availability, functionality, accuracy, security, data handling practices, or compliance with applicable laws.
Caution relies on certain third-party providers to deliver the Services, which may include, without limitation:
(a) code hosting and continuous integration services;
(b) cloud compute and attestation providers;
(c) email providers for transactional and support communications; and
(d) payment processors for subscription and usage billing.
The specific providers we use may change over time. Information about Caution’s current subprocessors may be made available in the Caution Privacy Notice, in a separate subprocessor list on our website, or in the Caution Data Protection Addendum where applicable.
Your use of the Services may also be subject to the terms and policies of these providers, such as payment processor terms, which you should review separately. Any interaction between you and a third-party provider is solely between you and that provider.
10. Billing, plans, and support
Details of pricing, billing, and plan features (including fully managed and managed on-premises deployments) will be set out in one or more pricing pages, or separate commercial agreements.
Unless stated otherwise in your order or at the time of purchase:
(a) fees are due in the United States dollars (USD), on the schedule, and through the payment methods specified at the time of purchase;
(b) you are responsible for any applicable taxes duties, sales, use, value-added, or similar transaction taxes arising from your purchase or use of the Services (excluding any taxes imposed on Caution’s net income); and
(c) late or failed payments may result in suspension or termination of the Services.
10.1 Support
The Services are provided on a self-service basis. Caution has no obligation to provide technical support or respond to requests within any particular time unless you have purchased a support add-on or other written support agreement.
Premium support may be available as a paid add-on and may include faster response times or additional channels, such as a dedicated chat or designated account representative. Details of support tiers, response targets, and availability will be set out in a separate support policy or other written agreement.
11. Alpha, early access, and changes to the Services
Parts of the platform, or the Services as a whole, may be labeled as alpha, beta, or otherwise not production ready. For such features or environments:
(a) the software is in alpha or early access and not production-ready;
(b) APIs, workflows, and features may change without notice;
(c) we may limit or withdraw access at any time; and
(d) service levels and support commitments, if any, may be reduced or not provided.
Alpha or early access features may be provided at no charge or on a paid basis, as described at the time you sign up or in any applicable commercial agreements. Alpha or early access features are not part of any paid service offering unless expressly described as such in the applicable plan or other written agreement.
Caution may update, modify, or deprecate features from time to time.
12. Changes to these Terms
We may update these Terms from time to time. When we do:
(a) if you have provided an email address, we may notify you by email and/or via the Services; and
(b) if you have chosen not to provide an email address, you agree that it is your responsibility to check our website or service documentation for updates.
We will treat a change as material if it significantly affects your rights or obligations, including a substantial change to liability caps, dispute resolution, or how we use your data. Material changes will take effect no sooner than 30 days after we provide notice, unless a shorter period is required by law or relates to security, abuse, or new features.
By continuing to use the Services after the effective date of updated Terms, you agree to be bound by the updated Terms.
13. Intellectual property and trademarks
Except for the limited rights necessary to use the Services under these Terms and any applicable commercial agreements, no rights to the Caution software or its source code are granted under these Terms.
All Caution names, logos, and other branding elements are trademarks or service marks of Caution or its licensors. You may not use them without our prior written permission, except as allowed by applicable law.
You own and are responsible for your own trademarks, logos, and branding used with your workloads and applications.
14. Disclaimers
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Caution disclaims all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the foregoing:
(a) Caution does not warrant that the Services will be uninterrupted, error-free, or completely secure;
(b) Caution does not guarantee that verification artifacts or other Service outputs will satisfy any specific regulatory, legal, or contractual requirements that may apply to you; and
(c) Caution does not provide legal, financial, or compliance advice, and you remain responsible for your own compliance.
You are responsible for evaluating whether the Services meet your needs and obligations.
All information provided through the Services, or otherwise provided by Caution, is provided for general informational purposes only and does not constitute legal, financial, tax, investment, compliance or other professional advice. You should not take, or refrain from taking, any action based on any information obtained through the Services. Before making any financial, legal, tax or other decisions involving the Services, you should seek independent professional advice from a person who is appropriately licensed and qualified in the relevant field.
These Terms are not intended to, and do not, create or impose any fiduciary duties on Caution. To the fullest extent permitted by law, you acknowledge and agree that Caution owes no fiduciary duties or obligations to you or any other person, and that any such duties or obligations that may otherwise arise at law or in equity are hereby irrevocably disclaimed, waived and excluded.
You agree that the only duties and obligations owed by Caution are those expressly set out in these Terms.
15. Limitation of liability
To the fullest extent permitted by law:
(a) Caution will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenues, data, or goodwill, arising out of or related to these Terms or the use of or inability to use the Services; and
(b) Caution’s total aggregate liability arising out of or in connection with these Terms and the Services shall not exceed the greater of (i) the amounts you have paid to Caution for the Services in the six months immediately preceding the event giving rise to the claim, or (ii) USD 10,000.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you to the extent prohibited by law.
Different liability limits may apply where expressly agreed in an order form or any other written agreement between you and Caution. Nothing in these Terms is intended to limit or exclude liability for fraud or wilful misconduct where such limitation or exclusion would be prohibited by applicable law.
16. Indemnity
You agree to indemnify and hold harmless Caution and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to:
(a) your use of the Services in violation of applicable law; or
(b) your workloads or data infringing, misappropriating, or otherwise violating any intellectual property rights of a third party.
17. Governing law and dispute resolution
These Terms and any disputes arising out of or relating to them or the Services are governed by, and will be construed in accordance with, the laws of the Cayman Islands, without regard to conflict of law rules.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including any question regarding their existence, validity, interpretation, performance, breach or termination (a “Dispute”), shall be referred to and finally resolved by arbitration.
The arbitration shall be administered by the Cayman International Mediation and Arbitration Centre (CI-MAC) and conducted in accordance with the CI-MAC Arbitration Rules in force at the time the arbitration is commenced (the “Rules”).
The seat (legal place) of arbitration shall be the Cayman Islands. The language of the arbitration shall be English. The tribunal shall consist of one arbitrator, appointed in accordance with the Rules.
The arbitrator shall have exclusive authority to determine all issues relating to the scope, interpretation, applicability, enforceability and arbitrability of this arbitration agreement, including any objection that all or part of these Terms is void or voidable.
The arbitrator may award any relief that a court of competent jurisdiction could award on an individual basis under applicable law, including injunctive or declaratory relief. The arbitrator’s award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
The existence of the arbitration, all materials submitted, and all awards or decisions rendered in the arbitration shall be kept confidential by the parties, except to the extent disclosure is required by law, regulatory obligation, or for the purposes of enforcement of an arbitral award.
To the fullest extent permitted by law, you agree that any Dispute shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, representative or consolidated proceeding (“Class Action Waiver”).
If the Class Action Waiver is found unenforceable with respect to a particular claim, then that claim shall be brought exclusively in the courts of the Cayman Islands and not in arbitration.
The arbitrator shall not have authority to conduct any class, collective, representative or consolidated arbitration or to award relief to any person other than the individual party to the arbitration.
Unless otherwise determined by the arbitrator in accordance with the Rules, each party shall bear its own legal and other costs incurred in connection with the arbitration.
Nothing in this Section 17 limits either party’s right to seek interim or injunctive relief in any court of competent jurisdiction.
18. Order forms and precedence
From time to time, you and Caution may agree to one or more order forms or other written agreement between you and Caution that reference these Terms. Each such document will describe the specific Services, pricing, terms, and any additional obligations between the parties.
If there is any conflict between these Terms and an order form or any other written agreement between you and Caution, the order form or agreement will prevail to the extent of the conflict.
19. Term, termination, and general provisions
These Terms take effect when you first use the Services and continue until terminated as described in this Section 19.
Caution may suspend or terminate your access to the Services, in whole or in part, if:
(a) you materially breach these Terms and fail to cure the breach within a reasonable time after notice, where cure is possible;
(b) your use of the Services presents a security risk, causes harm to others, or exposes Caution to liability; or
(c) Caution is required to do so by law or by a third-party provider Caution relies on.
You may stop using the Services at any time. If you wish to terminate your account, you can do so through the mechanisms we provide or by contacting us.
Upon termination or expiration of these Terms for any reason:
(a) your right to access the Services will end; and
(b) the following provisions shall survive: Sections 6 (Data and Workloads), 7 (Security Responsibilities), 8 (Privacy and Data Protection), 10 (Billing, but only to the extent of accrued payment obligations), 13 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), 17 (Governing Law and Dispute Resolution), Section 18 (Order Forms and Precedence, but only to the extent necessary to interpret accrued rights and obligations), and this Section 19 (General).
These Terms, together with any applicable order forms, support policies, the Caution Privacy Notice, and any applicable Data Protection Addendum that expressly reference these Terms, constitute the entire agreement between you and Caution regarding the Services and supersede all prior or contemporaneous agreements or understandings relating to the Services.
You may not assign or transfer these Terms or any of your rights or obligations under them without Caution’s prior written consent. Caution may assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganisation or sale of assets.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. Any failure or delay by either party in enforcing any provision of these Terms shall not operate as a waiver of that provision.
No person who is not a party to these Terms shall have any right to enforce any provision of these Terms, whether under contract, statute or otherwise.