Terms of Service

1Services

1.1 Description of Services

Nebula Global LLC operates WAFCDN, a cloud-based security and content delivery network platform. Our Services include:

• High-Defense SCDN (Secure CDN): A globally distributed content delivery network with integrated DDoS mitigation and traffic scrubbing capabilities.
• High-Defense IP: Dedicated high-bandwidth IP addresses with built-in DDoS protection designed to absorb and filter large-scale volumetric attacks.
• Web Application Firewall (WAF): A cloud-based WAF that inspects and filters HTTP/HTTPS traffic to protect web applications from OWASP Top 10 vulnerabilities, injection attacks, and other application-layer threats.
• SDK Game Shield: An application-layer protection solution for online gaming platforms, providing anti-cheat, bot mitigation, and DDoS protection via SDK integration.

(Collectively referred to as the "Services.")

1.2 Service Modifications

We reserve the right to modify, enhance, discontinue, or add features to the Services at any time. For material changes that adversely affect your use of the Services, we will provide at least 30 days' notice where practicable.

1.3 Additional Terms

Certain Services may be subject to additional terms, acceptable use policies, or order forms ("Supplemental Terms"). Supplemental Terms are incorporated into these Terms by reference. In the event of a conflict, Supplemental Terms govern with respect to the specific Services they address.

2Account Registration and Security

2.1 Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use our Services. By registering, you represent that you meet these requirements.

2.2 Account Registration

To access the Services, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.

2.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account
• Implementing appropriate security measures for your account, including enabling multi-factor authentication (which we strongly recommend)
• Notifying us immediately at support@wafcdn.com of any unauthorized account access or security breach

We will not be liable for any loss or damage arising from your failure to maintain account security. We reserve the right to require password resets or suspend accounts that we reasonably believe have been compromised.

2.4 One Account Per Entity

Each legal entity may maintain only one primary account unless otherwise agreed in writing. Corporate customers may create sub-accounts for team members under their primary account in accordance with our multi-user access features.

3Acceptable Use Policy (AUP)

3.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. The Services are intended to protect your own legitimate internet infrastructure, web applications, and online services.

3.2 Prohibited Activities

You agree that you will not use the Services, directly or indirectly, to:

Illegal or Harmful Conduct:

• Violate any applicable local, state, national, or international law or regulation
• Engage in, facilitate, or promote any illegal activity
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party
• Violate the privacy, data protection, or other rights of any third party

Network and Security Abuse:

• Launch, facilitate, or participate in Distributed Denial of Service (DDoS) attacks, flooding, or other denial-of-service attacks against any network, service, or individual
• Use our infrastructure as a source or relay for offensive security attacks against third parties
• Conduct port scanning, network probing, or vulnerability scanning against systems you do not own without explicit written authorization
• Distribute or propagate malware, viruses, ransomware, spyware, or other malicious code
• Attempt to gain unauthorized access to any system, network, account, or data
• Conduct phishing, spoofing, or other deceptive activities

Content Violations:

• Distribute, store, or transmit child sexual abuse material (CSAM) or any content that exploits minors — violations will be reported to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement
• Distribute illegal content including content promoting terrorism, hate crimes, or incitement to violence
• Transmit unsolicited bulk email (spam) or engage in practices that violate the CAN-SPAM Act

Service Abuse:

• Circumvent or attempt to circumvent usage limits, access controls, or billing systems
• Resell or sublicense the Services without our prior written consent
• Interfere with or disrupt the integrity or performance of the Services or the servers and networks connected to the Services
• Use the Services to proxy or relay traffic for purposes of obscuring malicious activity

3.3 Consequences of AUP Violation

Violation of this AUP may result in, at our sole discretion:

• Immediate suspension or termination of your account
• Reporting to law enforcement or regulatory authorities
• Civil liability for damages caused to us or third parties

We reserve the right to investigate suspected violations and to cooperate with law enforcement agencies as required by law.

3.4 Reporting Abuse

To report AUP violations or abuse of our network, contact: abuse@wafcdn.com

4Payment Terms

4.1 Fees and Billing

You agree to pay all fees applicable to your chosen Service plan as set forth on our pricing page (www.wafcdn.com/pricing) or in your Order Form. Fees are:

• Denominated in U.S. Dollars (USD) unless otherwise specified
• Billed monthly or annually, in advance, depending on your selected billing cycle
• Subject to change with 30 days' written notice

4.2 Payment Methods

We accept major credit cards, ACH transfers, and other payment methods as specified on our website. You authorize us to charge your designated payment method for all fees incurred.

4.3 Taxes

Fees are exclusive of all taxes, levies, duties, and assessments imposed by governmental authorities. You are responsible for paying all applicable taxes. We will collect applicable taxes where required by law.

4.4 Late Payments and Suspension

Invoices are due upon receipt. If any amount is not received by its due date:

• We may charge late fees of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on overdue balances
• We may suspend Services upon 5 days' written notice of non-payment
• We may terminate Services upon 30 days' written notice of non-payment
• You remain liable for all fees incurred through the date of termination

4.5 Disputes

If you dispute any charge, you must notify us in writing within 30 days of the charge date at billing@wafcdn.com. Undisputed portions of invoices remain due and payable. Disputes must be submitted in good faith with sufficient supporting documentation.

4.6 Refund Policy

Except as required by applicable law or expressly stated in your Order Form:

• Monthly subscriptions are non-refundable once the billing period has begun
• Annual subscriptions may be eligible for a prorated refund for unused full months upon termination for cause or at our discretion for termination without cause
• Setup fees and one-time fees are non-refundable

5Intellectual Property

5.1 Company Intellectual Property

The WAFCDN platform, software, documentation, trademarks, service marks, logos, and all associated intellectual property ("Company IP") are owned by or licensed to Nebula Global LLC and are protected by U.S. and international intellectual property laws. These Terms do not grant you any rights in Company IP except the limited license in Section 5.3.

5.2 Customer Data and Content

You retain all ownership rights in data, content, and information you provide to us or that passes through our Services ("Customer Data"). You grant us a limited, non-exclusive, royalty-free license to process, store, and transmit Customer Data solely to the extent necessary to provide the Services.

We do not claim ownership of Customer Data. We will not use Customer Data for any purpose other than providing and improving the Services, except as required by law.

5.3 Limited License to Services

Subject to your compliance with these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription term for your lawful internal business purposes.

5.4 Feedback

If you provide us with suggestions, feedback, or ideas about our Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our products and services without any obligation to you.

5.5 Restrictions

You may not:

• Copy, modify, create derivative works of, or reverse engineer the Services or any component thereof
• Remove or alter any proprietary notices, labels, or marks
• Use our trademarks, logos, or brand elements without prior written consent

6Service Modifications and Termination

6.1 Modification of Services

We may modify, update, or discontinue any aspect of the Services at any time. For discontinuation of material features, we will provide at least 30 days' advance notice where reasonably practicable. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services, provided we comply with applicable notice requirements.

6.2 Termination by Customer

You may terminate your account at any time by:

• Submitting a cancellation request through your account dashboard, or
• Contacting us at support@wafcdn.com

Termination is effective at the end of your current billing period. You remain responsible for all fees accrued up to the termination date.

6.3 Termination or Suspension by Company

We may suspend or terminate your account immediately if:

• You breach these Terms, including the AUP
• You fail to pay amounts owed after applicable notice and cure periods
• We are required to do so by law or legal process
• We reasonably determine that continued provision of Services poses a security risk to our network or other customers

For non-emergency breaches, we will provide written notice and a reasonable opportunity to cure (typically 15 days) before termination, unless the breach is incapable of cure or is a repeat offense.

6.4 Effect of Termination

Upon termination:

• Your license to use the Services immediately terminates
• We may delete your account data after a 30-day grace period (unless required by law to retain it longer or to delete it sooner)
• You remain liable for all fees incurred through the termination date
• Provisions that by their nature should survive termination (including Sections 5, 7, 8, 9, 10, 11, 12) will survive

7Confidentiality

Each party may disclose to the other certain proprietary and confidential information ("Confidential Information"). Each party agrees to:

• Use Confidential Information only for purposes of the business relationship
• Not disclose Confidential Information to third parties without prior written consent, except to employees, contractors, or advisors who need to know
• Protect Confidential Information with at least the same degree of care used for its own confidential information, but no less than reasonable care

Obligations do not apply to information that: (a) is or becomes publicly known without breach; (b) was known prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law (with prompt notice to the disclosing party where permitted).

8Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

We do not warrant that: (a) the Services will meet your specific requirements; (b) the Services will prevent all security breaches or cyberattacks; (c) all security vulnerabilities will be detected or blocked; or (d) data transmitted through the Services will always be secure.

9Limitation of Liability

9.1 Exclusion of Consequential Damages

9.2 Aggregate Liability Cap

9.3 Essential Basis

10Indemnification

10.1 Customer Indemnification

You agree to defend, indemnify, and hold harmless Nebula Global LLC and its officers, directors, employees, agents, affiliates, partners, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms or the AUP
• Your use of the Services in violation of applicable law
• Your Customer Data, including any allegation that Customer Data infringes, misappropriates, or violates any third-party right
• Any content you transmit through or store on the Services
• Your negligence or willful misconduct

10.2 Indemnification Procedure

We will: (a) promptly notify you in writing of any claim subject to indemnification; (b) give you sole control of the defense and settlement of the claim (provided that you may not settle any claim that imposes liability on or admission of wrongdoing by us without our prior written consent); and (c) provide reasonable assistance at your expense.

11Dispute Resolution

11.1 Informal Resolution

Before initiating formal legal proceedings, you agree to contact us at legal@wafcdn.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days of receiving notice. This informal resolution requirement does not apply to claims for emergency injunctive relief.

11.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (available at www.adr.org), rather than in a court of law.

• Seat of Arbitration: Denver, Colorado, United States
• Language: English
• Arbitrator: One neutral arbitrator (three for claims exceeding $500,000)
• Fees: Each party shall bear its own attorney's fees; arbitration fees shall be allocated per the AAA rules
• Judgment: Judgment on the arbitration award may be entered in any court of competent jurisdiction

11.3 Class Action Waiver

11.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent irreparable harm, including to protect intellectual property or Confidential Information. Such court action shall not constitute a waiver of the obligation to arbitrate.

11.5 Time Limitation

Any claim must be brought within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.

12Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. For any matters exempt from or not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

13Compliance with Laws; Export Control

You agree to comply with all applicable laws and regulations in connection with your use of the Services, including:

• U.S. export control laws and regulations (EAR, ITAR)
• Economic sanctions administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC)
• The Computer Fraud and Abuse Act (CFAA)
• The CAN-SPAM Act
• The Children's Online Privacy Protection Act (COPPA)

You represent that you are not: (a) located in or a national of any country subject to U.S. government embargo; (b) listed on any U.S. government list of prohibited or restricted parties; or (c) using the Services for any purpose prohibited by applicable export control laws.

14Entire Agreement

These Terms, together with our Privacy Policy (www.wafcdn.com/privacy), Service Level Agreement (www.wafcdn.com/sla), and any applicable Order Form or Supplemental Terms, constitute the entire agreement between you and Nebula Global LLC with respect to the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between the parties regarding the subject matter hereof.

15Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction or arbitrator, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

16Waiver

No failure or delay by either party in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. No waiver will be effective unless in writing.

17Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of our assets, upon notice to you. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

18Notices

Notices to us must be sent in writing to:

Notices to you will be sent to the email address associated with your account. Notices are effective upon delivery when sent by email (confirmed by no bounce or error notice within 24 hours) or three business days after mailing if sent by post.

19Contact Information

For questions about these Terms:

20Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the updated Terms at www.wafcdn.com/terms with a new "Last Updated" date
• Send email notice to registered users at least 30 days before the changes take effect
• Display a prominent banner on our website

Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the effective date.