Privacy Policy and Terms of Service

Effective Date: February 19, 2024

1. Introduction

Æthernet Inc. ("Company," "we," "us," or "our"), a Delaware C-Corporation based in San Francisco, CA, provides an IoT connectivity and infrastructure platform, offering post-cloud networking for distributed devices and eSIM management. We respect your privacy and are committed to protecting it through compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website aethernet.io or use our cloud infrastructure services ("Services").

2. The Core Principle: Zero-Knowledge & End-to-End Encryption

Unlike traditional cloud providers, Æthernet is built on a "Privacy by Design" architecture.

• Content: All messages transmitted through our Services are End-to-End Encrypted (E2E). We do not possess the decryption keys. Therefore, we cannot access, read, or monetize the contents of your communications.

• No Storage: We operate as a real-time transport layer. Messages are stored on our Relay Nodes only for the milliseconds required for routing (maximum retention: 10 seconds), after which they are permanently deleted from RAM. We do not maintain historical archives of your message payloads.

3. Information We Collect

We collect only the metadata necessary to operate the infrastructure:

Service Metadata (Automatically Collected):

• User Identifiers (UIDs): We generate ephemeral UIDs to route data while obfuscating real device identities.

• IP Addresses: Used for geo-routing (connecting you to the nearest node) and abuse prevention (DDoS protection).

• Usage Metrics: Bandwidth consumed, number of connections, and packet sizes for billing purposes.

• Technical Logs: Error reports and latency metrics to maintain system stability. These are anonymized where possible.

Account Information:

• If you create a managed account, we process payment information via third-party processors (e.g., Stripe, Coinbase). We do not store full credit card details.

• Self-Provisioning: Our infrastructure supports anonymous self-provisioning via Proof-of-Work. In these cases, we process your data without linking it to a real-world identity (Name/Email), associating activity only with a cryptographic key.

4. How We Use Your Information

We use the collected metadata solely to:

• Route data packets between your devices.

• Calculate usage fees (Pay-as-you-go model: $0.20/GB).

• Prevent fraud, DDoS attacks, and abuse of the network.

• Comply with legal obligations.

5. Disclosure of Your Information

We do not sell, trade, or rent your personal identification information. We may disclose information:

• To comply with any court order, law, or legal process. (Note: Since we do not have decryption keys, we cannot provide message content to law enforcement, only metadata like IP logs).

• To enforce our Terms of Service.

6. Data Security

We implement state-of-the-art security measures, including the NaCl/Sodium cryptographic library. However, security is a shared responsibility. You are solely responsible for safeguarding your Master Keys.

7. California Residents (CCPA)

If you are a CA resident, you have the right to request access to and deletion of your data. However, because we do not store message content and minimize metadata retention, we typically hold minimal personal data.

8. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience. We operate on a "Strict Consent" basis regarding analytics and marketing.

• Consent Management: When you visit our site, no third-party tracking scripts or analytics cookies are loaded by default. They are activated only if you explicitly click "Accept" on our cookie banner.

• Essential Cookies: These are necessary for the website to function (e.g., security CSRF tokens, login sessions, and remembering your consent choice). These cannot be switched off.

• Analytics & Marketing Tools: Subject to your explicit consent, we use the following third-party processors:

  • Google Analytics 4 (Google): Used for aggregate traffic analysis and usage metrics.

  • Microsoft Clarity (Microsoft): Used for heatmaps and session recordings to analyze user interaction and usability issues.

  • Instantly Website Visitors (Instantly.ai): Used for B2B visitor identification to understand which organizations interact with our platform.

  • Reddit Pixel (Reddit): Used to measure the effectiveness of our advertising campaigns and for marketing purposes.

• Data usage: We do not sell your personal data to data brokers. The data collected by these tools is used strictly for internal product improvement, B2B lead generation, and marketing attribution.

9. Children’s Privacy (COPPA)

Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service.

10. Contact Us

For privacy concerns, please contact us at:

Email: info@aethernet.io
Address: 2261 Market Street, STE 10236, San Francisco, CA, 94114, United States

Effective Date: February 19, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Æthernet Inc., a Delaware C-Corporation ("Company"). By accessing or using our services, APIs, or client libraries (the "Service"), you agree to be bound by these Terms.

2. Nature of Service

Æthernet provides a cloud-based transport layer for data transmission. The Service is provided "as is" and "as available," without warranties of any kind, either express or implied.

3. User Responsibilities & Security

3.1. Master Keys (CRITICAL): You are solely responsible for the security of your private keys (Master Keys). Æthernet does not have a copy of your keys and cannot recover them. If you lose your Master Key, you will permanently lose access to your devices and data. We accept no liability for such loss.

3.2. Client Software: You are responsible for keeping your Æthernet client libraries updated.

4. Billing and Payment

4.1. Pay-As-You-Go: Usage is billed based on traffic volume ($0.20 per GB) and resources consumed.

4.2. Negative Balance & Termination:

• Credit Limit: We allow a temporary negative balance (credit) up to -$10.00 USD.

• Throttling: If your balance drops below -$10.00, your service performance will be automatically throttled.

• Deletion: If a negative balance below -$10.00 persists for more than 30 days, we reserve the right to permanently delete your client account and all child clients/devices without further notice. This action is irreversible.

4.3. Taxes: You are responsible for all applicable taxes.

5. Acceptable Use Policy

You agree not to use the Service to:

• Conduct DDoS attacks, distribute malware, or manage botnets.

• Interfere with the integrity or performance of the Service (e.g., protocol fuzzing).

• Violate any applicable laws.

We reserve the right to block specific UIDs or IP addresses immediately if we detect anomalous traffic patterns indicating abuse.

6. Export Compliance & Sanctions

The Services and related software are subject to United States export control laws, including the Export Administration Regulations (EAR) and OFAC sanctions. By using the Service, you represent and warrant that:

• You are not located in a country subject to a U.S. Government embargo or sanctions (e.g., Cuba, Iran, North Korea, Syria, Russia/Occupied Regions).

• You are not listed on any U.S. Government list of prohibited or restricted parties (e.g., the SDN List).

• You will not use the Service for the development of nuclear, chemical, or biological weapons.

7. Indemnification

You agree to defend, indemnify, and hold harmless Æthernet Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Services (including any actions taken by your devices, clients, or end-users).

• Your violation of these Terms.

• Any claim that your data or use of the Service caused damage to a third party.

8. Intellectual Property & License

8.1. Service IP: The Service structure, organization, and backend code are valuable trade secrets and confidential information of Æthernet Inc.

8.2. Client SDK License: The Æthernet Client SDKs available on our GitHub are governed by the Apache License, Version 2.0. In the event of a conflict between these Terms regarding the use of the Cloud Service and the Apache 2.0 license regarding the use of the Source Code, these Terms shall control your use of the Cloud Service infrastructure.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ÆTHERNET INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS.

10. Class Action Waiver & Severability

10.1. Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You agree not to participate in any class action or class-wide arbitration.

10.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

11. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action will be brought exclusively in the federal or state courts located in Delaware.

12. Contact Information

Æthernet Inc.
2261 Market Street, STE 10236, San Francisco, CA, 94114, United States
Email: info@aethernet.io