End User License Agreement

End User License Agreement (EULA)

Effective Date: 2nd October 2025
Provider: Exaba Technology Limited (“Exaba”, “we”, “our”, “us”)
Software: Exaba One self-hosted software (including all associated images, code, and documentation), whether installed via Docker or by other means.

1. Grant of Rights

Subject to compliance with this Agreement and applicable licensing terms, you (“Licensee”, “you”, “your”) are permitted to install and use the Software on your own infrastructure.

You may:

  • Deploy and run the Software in a self-hosted environment, including via Docker or other containerization platforms.
  • Use the Software for internal purposes or for providing commercial storage or backup services, provided such use complies with Exaba’s licensing terms.

You may not:

  • Sell, sublicense, rent, lease, or otherwise redistribute the Software except as expressly permitted under applicable licensing terms.
  • Modify, reverse engineer, or create derivative works of the Software except to the extent permitted by law.
  • Circumvent or disable any technical or licensing mechanisms.

2. Ownership

The Software is licensed, not sold. Exaba retains all rights, title, and interest in the Software, including all modifications, enhancements, and derivative works, regardless of the form or manner of implementation.

3. Self-Hosting Responsibilities

You acknowledge that:

  • The Software is self-hosted and deployed in your own environment.
  • You are solely responsible for installation, configuration, operation, backup, and security of your hosting environment.
  • Exaba is not liable for infrastructure failures, data loss, or security breaches arising from your environment.

4. Updates & Support

  • Exaba may provide updates, patches, or new releases of the Software at its discretion.
  • Access to updates and support may require a valid subscription or separate agreement.
  • Exaba is not obligated to provide support unless otherwise agreed in writing.

5. Restrictions

You must not:

  • Use the Software in violation of applicable laws, including export restrictions.
  • Remove or obscure any copyright, trademark, or proprietary notices.
  • Operate commercial services with the Software in a manner inconsistent with Exaba’s licensing terms.

6. Data & Privacy

  • The Software may process and store data on your infrastructure. Exaba does not access or control this data.
  • You are solely responsible for compliance with applicable privacy, data protection, and regulatory requirements.

7. Termination

This Agreement is effective until terminated.

  • Exaba may terminate this Agreement if you fail to comply with its terms.
  • Upon termination, you must immediately cease use of the Software and destroy all copies.

8. Disclaimer of Warranties

The Software is provided “as is” without warranty of any kind, whether express, implied, or statutory.
Exaba disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law:

  • Exaba will not be liable for indirect, incidental, special, consequential, or punitive damages.
  • Exaba’s total cumulative liability will not exceed the amount paid (if any) for the Software during the twelve (12) months preceding the claim.

10. Changes to this EULA

  • We may update this EULA from time to time to reflect legal, technical, or business changes.
  • We’ll indicate the “Effective Date” at the top of this document and may provide notice via one or more of: posting the updated EULA at /eula, in‑app notice, release notes, or email (if available).
  • Unless otherwise stated, changes take effect on the posted Effective Date.
  • Your continued use of the Software after the Effective Date constitutes acceptance of the updated EULA. If you don’t agree to the changes, you must stop using the Software and, if applicable, uninstall it.
  • For material changes, we’ll use reasonable efforts to provide advance notice. Prior versions may be archived for reference.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and Exaba regarding the use of the Software and supersedes all prior agreements, understandings, or representations, except for any separate licensing agreements, which remain in full force and effect.

By installing or using the Software, you agree to be bound by the terms of this EULA.