DATA_PROCESSING_AGREEMENT

1. PARTIES AND SCOPE

This Data Processing Agreement ("DPA") forms part of the Terms of Service between [COMPANY NAME] ("Vibetron," the "Processor") and you, the user or organization that accepted the Terms (the "Controller"). It applies whenever you use the Service to process personal data of which you are the controller: the content of your trons, your conversations with them, their memories and files, and the personal data of other people that your trons receive or produce (the "Customer Data").

It does not apply to the data that describes you as a user of the Service (your account, sessions, usage and activity records), for which Vibetron is the controller under the Privacy Policy.

Where you are an organization, you accept this DPA for the organization and for its members' use of the organization's trons.

2. ROLES AND INSTRUCTIONS

• You are the controller of the Customer Data. You determine what your trons do, which people they talk to, which AI model providers and channels they use, and for how long their data is kept.
• Vibetron is your processor. We process Customer Data only to provide the Service as you configured it, and on your documented instructions. Your instructions are: the Terms, this DPA, the configuration of each tron (its agents, models, keys, channels, schedules and files), and the actions you and your members take in the Service.
• We will inform you if, in our opinion, an instruction infringes the GDPR or other EU or Member State data protection law.
• You are responsible for having a lawful basis for the processing your trons perform, for informing the people whose data they process, and for the content and behaviour of your agents.

3. DESCRIPTION OF THE PROCESSING

Annex A describes the subject matter, duration, nature and purpose of the processing, the types of personal data and the categories of data subjects.

4. CONFIDENTIALITY

Access to Customer Data on our side is limited to the operator(s) who run the Service, who are bound by confidentiality, and only for support, security and operation. Customer Data in the database is encrypted at rest; memories and files live on disk in the tron's folder, readable only by the Service and its operators. Our operators do not read your conversations, memories or files except when you ask us to, or when it is necessary to investigate a security incident or an abuse report.

5. SECURITY

We implement the technical and organizational measures listed in Annex C, and keep them under review. Annex C states what is in place today; where a measure is planned but not yet in place, Annex C says so.

6. SUB-PROCESSORS

• You give general authorization to the sub-processors listed in Annex B and at /subprocessors, which is the authoritative, dated list.
• We will inform you at least 30 days before adding or replacing a sub-processor, by email to the owner of your organization (or to you, if you use the Service individually). If you object on reasonable data-protection grounds and we cannot accommodate the objection, you may terminate the Service for the affected trons before the change takes effect.
• We impose on each sub-processor data-protection obligations equivalent to this DPA, and remain liable to you for their performance.
• AI model providers, messaging platforms, MCP servers and local models that you connect are not our sub-processors. You chose them, you hold the account and the key, and your contract with them governs what they do with your data. We transmit Customer Data to them on your instruction (Annex A). Vibetron never calls a model with a key of its own.

7. INTERNATIONAL TRANSFERS

Our sub-processors are in the EU/EEA or transfer Customer Data under the EU-US Data Privacy Framework or the Standard Contractual Clauses adopted by Commission Decision 2021/914 (Module 3, processor to sub-processor). Annex D gives the detail.

For recipients that you connect (Section 6, last point), the transfer is made by us on your instruction, from our server in Germany to a recipient you chose. Where the recipient is outside the EU/EEA, the transfer tool is the one in your agreement with that recipient, and you are responsible for any transfer impact assessment it requires. The country from which each AI provider endpoint is operated is shown at /subprocessors.

8. ASSISTANCE TO THE CONTROLLER

Taking into account the nature of the processing, we assist you in fulfilling your obligations:

• Data subject rights (Articles 15–22): the Service lets you read, export, correct and delete the Customer Data your trons hold — chat transcripts, memories, files, configurations — tron by tron. If a data subject contacts us directly about data processed on your behalf, we will forward the request to you without undue delay and will not respond to it ourselves except to redirect them.
• Security, breach notification and impact assessments (Articles 32–36): we provide the information in Annex C and in this DPA, and reasonable further information on request.

9. PERSONAL DATA BREACH

Upon becoming aware of a personal data breach affecting Customer Data, we shall notify you without undue delay and in any event no later than forty-eight (48) hours thereafter, by email to the owner of your organization (or to you if you use the Service individually), save where we are prevented from doing so by justified reasons beyond our reasonable control, in which case we shall notify you as soon as those reasons cease to apply and shall state the reasons for the delay. The notification shall contain, to the extent available at the time and supplemented thereafter without undue delay, the information required by Article 33(3) GDPR: the nature of the breach, the categories and approximate number of data subjects and of records concerned, the likely consequences, and the measures taken or proposed to address the breach and mitigate its effects.

10. DELETION AND RETURN

• You can delete Customer Data at any time: a conversation, a memory, a file, a tron (3 days in the trash, then destroyed), or your account.
• At the end of the Service for a tron or an account, we delete the Customer Data it held as described in Section 7 of the Privacy Policy, unless EU or Member State law requires us to keep it. Model usage records (which contain no Customer Data) are kept for accounting.
• Before deletion you can export Customer Data through the Service (chat transcripts and configurations in the account export; memories and files tron by tron).
• Organizations today cannot delete themselves through the Service: deletion of an organization is done by us on the request of its owner. We are building the self-service path.

11. AUDIT

We will make available to you the information necessary to demonstrate compliance with this DPA: this document and its Annexes, the Privacy Policy, our published documentation of the Service's data flows, and reasonable answers to written questions. Where that is not sufficient, you may audit us, or mandate an independent auditor bound by confidentiality, once per year and on 30 days' notice, during business hours, at your cost, and in a way that does not expose other customers' data.

12. LIABILITY AND TERM

Liability under this DPA is subject to the limitations in the Terms of Service, except where the GDPR provides otherwise. This DPA lasts as long as we process Customer Data for you. Sections 4, 10 and 11 survive its end for as long as we hold any Customer Data.

ANNEX A — DESCRIPTION OF THE PROCESSING

ANNEX B — SUB-PROCESSORS

The authoritative, dated list is at /subprocessors. At the date of this DPA:

ANNEX C — TECHNICAL AND ORGANIZATIONAL MEASURES

What is in place today:

• Encryption at rest in the database: tron configurations, chat messages, vault keys and inline keys, and your email and nickname — AES-256-GCM with keys derived (HKDF-SHA256) from a master key stored outside the database. Agent memories and files are kept on disk in the tron's own folder, not encrypted at the application level, readable only by the Service and its operators.
• Encryption in transit: HTTPS on all public endpoints; HTTPS from our server to every AI provider and connected service.
• Secrets isolation: AI provider keys never enter the agent's container; the container holds a per-agent gateway token and the real key is read from the vault only for the duration of each call, never logged.
• Container isolation: one Docker container per tron, dropped Linux capabilities, CPU and memory limits, no route to the cloud metadata address; model calls are routed through the gateway on our server.
• Egress control: a local model is called only if its address resolves to a public IP; private, loopback and link-local ranges are refused.
• Access control: SSH to the server with public keys only; operator access to the Service by role, recorded in an audit log; one-time email codes for users, sessions of 30 days.
• Rate limits and budgets: per-identity request limits, per-turn call and cost caps, monthly budgets per user and per organization.
• Privacy proxy (optional, per tron or per organization): before a call reaches an AI provider, personal data recognised by deterministic rules (email addresses, phone numbers, IBANs, Italian tax and VAT codes, card numbers, IP addresses, declared names) is replaced with placeholders, and the real values are restored in the answer; the placeholder map is encrypted and deleted with the chat session. Images can be redacted first by an image redaction service hosted by the Controller (contract vibetron.image-redactor/1: TLS with optional certificate pinning, shared key, signed answers). It reduces, and does not remove, the personal data sent to providers: undeclared names, unrecognised forms and documents indexed without the proxy reach them.
• AI transparency (AI Act, Article 50, from 2 December 2026): the Service provides an AI notice at the first conversation and an AI footer on every reply, that the tron owner enables per channel (the owner is responsible for the Article 50 disclosure towards the people their trons talk to); Tron API results and agent-written files marked as AI-generated. Recipients of the notice are recorded only as a keyed hash.
• Metering integrity: usage records are append-only; corrections are new rows. When an account or an organization is deleted, the fields of its rows that name a person are cleared (the amounts stay for accounting).
• Logging hygiene: logs carry request ids, ids and short labels, never message text or secrets.
• Backups: a full backup (database dump, master key, agent output folders, configuration) is taken before every change to the database structure and kept by the operator; restore has been tested table by table.
• Change control: every database change goes through versioned migrations; the frontend and API are released from the repository through scripts that verify and roll back.
• Monitoring: health checks every five minutes with email alerts; scheduled jobs record their outcome.

Planned, not yet in place (we will update this Annex when done): encryption at rest of agent memories and files on disk; automatic rotation and off-site copy of backups; encryption of the email address held for ten minutes in one-time login codes; self-service deletion of organizations; a complete account export including memories and files on disk; origin firewall limited to the reverse proxy.

ANNEX D — TRANSFER TOOLS

*This document describes the Service as it is built. It should be reviewed by a qualified data protection lawyer before being relied upon.*