General Terms of Service

These General Terms of Service (“General Terms” or “Terms”) form a legally binding agreement between Cathrix Network Inc. (“Cathrix”, “we”, “us”, or “our”), a corporation incorporated in Alberta, Canada, and the person or legal entity registering for, accessing, or using our Services (“Customer”, “you”, or “your”).

1. Agreement and Applicability

1.1 Acceptance and Parties

By clicking “I Agree”, creating an account, executing an Order Form, or using our compute, network transit, edge, or infrastructure services (collectively, the “Services”), you agree to be bound by these General Terms. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity.

1.2 Applicability and Contract Priority

These General Terms establish the baseline legal framework for your use of the Services. In the event of an express conflict between the documents comprising our legal framework, the following descending order of precedence will apply:

1. A mutually executed written Order Form or Enterprise Agreement;
2. Any applicable Supplemental Terms;
3. The Data Processing Agreement (DPA);
4. These General Terms; and
5. The Privacy Policy and general website documentation.

1.3 Eligibility and Authority

You must be at least the age of majority in your jurisdiction of residence (e.g., 18 years of age, or 19 in certain Canadian provinces) to purchase or use the Services. You represent that you are fully able and competent to enter into the terms, conditions, obligations, and representations set forth in these Terms.

2. Account and Usage

2.1 Accounts and Authorized Users

To access the Services, you must register for an account via the Cathrix User Portal. You must provide accurate, current, and complete registration information. You are solely responsible for all actions taken under your account credentials and for maintaining the confidentiality of your passwords and API keys. You must immediately notify Cathrix of any unauthorized use or security incident affecting your account.

2.2 Customer Responsibilities

You are solely responsible for: (a) configuring, operating, and maintaining your virtual servers, routing equipment, and operating systems; (b) creating independent off-site backups of your data; and (c) obtaining all necessary rights, licences, and legal consents from end-users whose content or data is routed through or hosted on your instances.

2.3 Acceptable Use Policy (AUP)

You shall not use, or permit any third party to use, the Services to:

• Violate any applicable local, provincial, state, federal, or international law, statute, or regulation;
• Distribute, host, or execute malware, viruses, trojans, rootkits, ransomware, botnets, or phishing payloads;
• Launch, participate in, or facilitate Denial of Service (DoS/DDoS) attacks, network flood attacks, or unauthorized penetration testing and vulnerability scans;
• Falsify BGP routing announcements, spoof IP packet headers, hijack autonomous system (AS) numbers, or compromise public Internet routing integrity;
• Cause Cathrix IP addresses, subnets, or ASNs to be listed on international anti-spam or abuse blocklists;
• Transmit unsolicited commercial electronic messages (“Spam”) in violation of Canada’s Anti-Spam Legislation (CASL) or the U.S. CAN-SPAM Act;
• Host, transmit, or distribute Child Sexual Abuse Material (CSAM) or terrorist content. Violations will be referred to law enforcement and relevant agencies.

2.4 Sanctions and Trade Controls

The Services, including compute capacity and cross-border transit pipelines, are subject to United States and Canadian export control and economic sanctions laws. You represent and warrant that you and your end-users: (a) are not located in, organized under the laws of, or resident in any country or territory subject to comprehensive sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); (b) are not identified on any denied or restricted party list, including the U.S. Treasury Department Specially Designated Nationals (SDN) List or the U.S. Commerce Department Entity List; and (c) will not use the Services for any prohibited end-use, including nuclear, chemical, or biological weapons activities.

3. Services, Fees, and Taxes

3.1 Provision of Services

Cathrix will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, subject to planned maintenance and emergency network mitigation. Cathrix may update, optimize, or deprecate non-core components of the Services over time, provided that such changes will not materially degrade the core functionality of your actively paid Services. Free, sponsored, or non-profit instances are provided strictly on an “as-available” basis and are subject to immediate resource reclamation.

3.2 Orders, Automatic Renewal, and Click-to-Cancel

All recurring and usage-based fees are invoiced in Canadian Dollars (CAD) unless otherwise specified in an Order.

IF YOU SUBSCRIBE TO A RECURRING SERVICE (MONTHLY, ANNUALLY, OR AS DESIGNATED IN YOUR ORDER), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE CONCLUSION OF THE CURRENT BILLING TERM FOR AN EQUIVALENT PERIOD AT CATHRIX’S THEN-CURRENT RATES, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.

• Click-to-Cancel: You may cancel your recurring subscription at any time directly through your account controls in the Cathrix User Portal without obstructive barriers, complex workflows, or penalty. Cancellation will take effect at the end of the current billing cycle.
• Advance Notice: For annual or multi-month subscriptions, Cathrix will provide email reminder notifications between 15 and 45 days prior to the renewal date, stating the renewal fee and cancellation procedure.
• Refund Policy: Except where required by applicable provincial or state consumer protection laws, all fees and payments are final, non-refundable, and non-prorated upon cancellation or early termination.

3.3 Taxes

All fees stated on our website or Orders are exclusive of applicable federal, provincial, state, or local sales, use, value-added, or goods and services taxes (including Canadian GST/HST/PST). You are responsible for paying all applicable taxes associated with your purchases.

3.4 Support Service Levels and Service Credits

In the event Cathrix fails to meet any applicable support response time commitments set forth in an Order or Supplemental Terms (“Response Default”), Customer’s sole and exclusive remedy, and Cathrix’s entire and aggregate liability for such failure, shall be the issuance of a Service Credit equal to ten percent (10%) of Customer’s paid monthly support fee (or, where support is not separately invoiced, 10% of the recurring monthly base fee for the affected Service instance) for the billing month in which the Response Default occurred.

• Account Credit Only: Service Credits shall be applied as a balance credit toward future invoices for the Services.
• No Cash Refunds: Service Credits are non-refundable, non-transferable, and cannot under any circumstances be redeemed, exchanged, or converted into direct cash refunds or monetary payments.
• Waiver of Additional Claims: Service Credits constitute the sole financial recovery available to Customer for a Response Default. Customer expressly waives any and all rights to seek additional damages, statutory or contractual penalties, fee abatements, or other legal or equitable compensation arising out of or related to such response delay.
• Claim Window: To receive a Service Credit, Customer must submit a credit request via the Cathrix User Portal within thirty (30) calendar days following the occurrence of the Response Default. Failure to submit a request within this thirty (30) day period constitutes an absolute and irrevocable waiver of any right to claim or receive a Service Credit for that incident.

4. Data, Privacy, and Intellectual Property

4.1 Customer Content

As between you and Cathrix, you retain all ownership, intellectual property rights, and title in and to all software, databases, applications, files, and digital materials transmitted, processed, or hosted by you via the Services (“Customer Content”). You grant Cathrix a limited, worldwide, royalty-free licence to transmit, cache, process, and host Customer Content solely as strictly required to deliver, secure, and maintain the Services.

4.2 Security, Privacy, and Data Protection Roles

Our handling of Customer Content and personal data is governed by our Privacy Policy and Data Processing Agreement (DPA), which are incorporated by reference into these Terms.

• Role Allocation & CCPA: Where Customer Content contains personal data subject to the California Consumer Privacy Act / California Privacy Rights Act (“CCPA”) or applicable data privacy laws, Customer is the “Business” (or “Data Controller”) and Cathrix acts strictly as a “Service Provider” (or “Data Processor”). Cathrix shall not “sell” or “share” Customer Personal Data, nor retain, use, or disclose Customer Personal Data outside the direct business relationship or for any purpose other than performing the Services specified in this agreement.
• Location of Data: Primary hosting, storage, and databases for Customer Personal Data are located exclusively in Canada and the United States, as set forth in Section 3.1 of the DPA.

4.3 Service Telemetry and Operational Data

Customer acknowledges that Cathrix independently collects and generates operational telemetry, BGP routing data, network traffic flow metadata, and security audit logs. Cathrix owns and acts as an independent Data Controller / Business for such operational data, using it strictly for platform integrity, capacity planning, and abuse prevention in accordance with the Cathrix Privacy Policy.

4.4 Intellectual Property and Feedback

Cathrix and its licensors retain all right, title, and interest in and to the Services, routing systems, software, APIs, trademarks, and documentation. If you provide any feedback, feature requests, or technical suggestions to Cathrix, you grant Cathrix an irrevocable, perpetual, royalty-free, transferable licence to use and incorporate such feedback without restriction or compensation.

4.5 DMCA and Copyright

Cathrix adheres to the safe harbour provisions of Section 512 of the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) and applicable Canadian copyright framework.

• Designated Copyright Agent:
  Attn: DMCA Agent, Cathrix Network Inc.
  Email: [email protected]
• Takedown & Counter-Notice: If you believe content hosted on our infrastructure infringes your copyright, submit a formal notice satisfying 17 U.S.C. § 512(c)(3) to our Designated Agent. We will act expeditiously to remove or disable access to the infringing material and provide notice to the customer, who may submit a counter-notification complying with 17 U.S.C. § 512(g)(3).
• Repeat Infringer Policy: Under 17 U.S.C. § 512(i), Cathrix maintains and reasonably implements a policy that provides for the immediate termination of accounts and services of subscribers who are found to be repeat infringers in appropriate circumstances.
• Platform Immunity: Under 47 U.S.C. § 230 and related intermediary principles, Cathrix is not liable for third-party content transmitted across its network and reserves the right to take good-faith actions to restrict or remediate abusive content.

5. Suspension and Termination

5.1 Suspension and Termination by Cathrix

Cathrix may suspend or terminate your access to all or part of the Services immediately and without prior notice if: (a) you fail to pay undisputed fees within 7 days of due date; (b) you breach the AUP, export controls, or sanctions; (c) your instance or traffic poses an imminent threat to network stability, other tenants, or upstream providers; or (d) Cathrix is compelled to do so by a valid legal order or law enforcement request.

5.2 Termination by Customer and Effects of Termination

You may terminate these Terms and your account at any time via the User Portal.

• Data Export: You must export your Customer Content prior to effective termination.
• Deletion Lifecycle: Upon termination, your right to access the Services ceases. Cathrix will permanently delete or overwrite Customer Content within 30 days, with encrypted disaster-recovery backups overwritten in routine cycles not exceeding 90 days, in accordance with Section 4.2 of the DPA. System logs and financial records will be retained solely as set forth in our Privacy Policy and mandatory recordkeeping laws.

6. Disclaimers, Liability, and Indemnity

6.1 Disclaimers

(THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.)

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATHRIX AND ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT. CATHRIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE, OR THAT INTERNET ROUTING PATHWAYS, LATENCY, OR TRANSIT UPTIME WILL REMAIN UNMODIFIED.

6.2 Limitation of Liability

(THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.)

(A) EXCLUSION OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATHRIX, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION), REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) AGGREGATE LIABILITY CAP: CATHRIX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID BY YOU TO CATHRIX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

6.3 California Civil Code § 1542 Waiver

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6.4 Indemnification

If you use the Services for business or commercial purposes, you agree to defend, indemnify, and hold harmless Cathrix, its affiliates, directors, and employees from any third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from: (a) your Customer Content; (b) your breach of these Terms, the AUP, or Supplemental Terms; or (c) your violation of any third-party rights or applicable laws.

6.5 Statutory Consumer Rights

Some jurisdictions (including the Province of Alberta, other Canadian provinces, and the State of California) do not allow the total exclusion of certain implied warranties or limitation of statutory consumer rights. Nothing in these Terms shall limit or restrict any rights that cannot be contractually waived under applicable consumer protection legislation.

7. General Provisions

7.1 Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent caused by unforeseen circumstances beyond its reasonable control, including natural disasters, acts of war, terrorism, civil unrest, global upstream telecommunications failures, power grid outages, labour strikes, or government mandates.

7.2 Governing Law, Jurisdiction, and Class Action Waiver

• Governing Law: These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, excluding conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Jurisdiction: Subject to mandatory consumer protection laws, the courts located in Edmonton, Alberta, Canada shall have exclusive jurisdiction over all disputes arising out of or related to these Terms.
• CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR CATHRIX MAY PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY LITIGATION.

7.3 Electronic Communications

You consent to receive communications from Cathrix electronically via email or portal notices. Commercial electronic messages sent to you will strictly comply with Canada’s Anti-Spam Legislation (CASL) and the U.S. CAN-SPAM Act, and you retain the right to unsubscribe from non-transactional marketing messages at any time.

7.4 Changes to These Terms

Cathrix may update these Terms periodically to reflect changes in our Services, infrastructure, or applicable laws. We will provide at least 14 days’ advance notice of material changes via email or an in-portal notification. Your continued access to or use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.

7.5 California Consumer Rights Notice

Pursuant to California Civil Code § 1789.3, California consumers are provided with the following notice:

• Service Provider: Cathrix Network Inc.
• Contact & Complaints: Inquiries or complaints may be sent to [email protected].
• Regulatory Assistance: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

7.6 Language / Clause Linguistique (Quebec Bill 96)

The parties declare that they have required that these General Terms, all Supplemental Terms, the Data Processing Agreement, the Privacy Policy, and all related documents be drawn up and executed in English only.

Les parties déclarent avoir exigé que les présentes conditions générales, toutes les conditions supplémentaires, l’accord de traitement des données, la politique de confidentialité et tous les documents connexes soient rédigés et exécutés en anglais uniquement.

7.7 Miscellaneous

These Terms constitute the entire agreement between the parties regarding the Services, superseding all prior oral or written discussions. If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full effect. No waiver of any breach shall constitute a waiver of any subsequent breach. You may not assign these Terms without Cathrix’s prior written consent; Cathrix may assign these Terms in connection with a corporate reorganization, merger, or asset sale.