Data Processing Agreement

1. Parties and roles

The customer identified by the Model Uplink account is the “Customer” and controller; Oscar Rojas, Quartiersweg 7, 10829 Berlin, Germany, providing Model Uplink, is the “Processor.” Each party will comply with applicable data-protection law. Model Uplink remains an independent controller for account administration, security, billing, tax, and its own legal obligations.

2. Scope and instructions

Processor will process Customer Personal Data only to provide, secure, maintain, and support the service in accordance with the Terms, the Customer’s configuration and API requests, this DPA, and other documented instructions agreed by the parties. If Processor believes an instruction infringes applicable data-protection law, it will notify Customer unless prohibited by law and may suspend the affected processing until the instruction is clarified.

3. Confidentiality and security

Processor will ensure that persons authorised to process Customer Personal Data are bound by confidentiality and will maintain measures appropriate to the risk. These include endpoint TLS terminating on the Customer’s machine, separation of account, agent, and endpoint credentials, one-way credential verifiers, scoped and revocable API keys, route allowlisting, header stripping, access controls, encryption of stored infrastructure data, bounded connections and requests, and logging designed not to capture inference payloads. Customer remains responsible for its model server, devices, endpoint keys, authorised callers, lawful instructions, and backups.

4. Subprocessors

Customer gives general written authorisation for the subprocessors on the current subprocessor list. Processor will impose materially equivalent data-protection obligations on subprocessors and remains responsible for their performance as required by Article 28 GDPR. Processor will notify the account email at least 30 days before adding or replacing a subprocessor that processes Customer Personal Data. Customer may object on reasonable data-protection grounds during that period. The parties will work in good faith on a reasonable solution; if none is available, Customer may stop the affected processing and terminate the affected service.

5. Assistance and incidents

Taking account of the nature of the processing and information available, Processor will reasonably assist Customer with data-subject requests, security obligations, breach notifications, data-protection impact assessments, and consultations with supervisory authorities. Processor will notify Customer without undue delay after becoming aware of a personal-data breach affecting Customer Personal Data and provide available information reasonably needed for Customer’s compliance. Processor’s notice is not an admission of fault.

6. Return, deletion, and audits

Inference content is not intentionally retained by the relay or control plane. On termination or a verified written request, Processor will delete Customer Personal Data in its processor role within 30 days, unless Customer requests return where technically available or law requires retention. Encrypted backups expire within 14 days after deletion from the live database. Data that Model Uplink processes as an independent controller follows the Privacy Policy.

Processor will provide information reasonably necessary to demonstrate Article 28 compliance. Customer may audit once per year and after a material personal-data breach, first using current documentation and independent reports where available. Any inspection requires reasonable advance notice, must protect other customers and security, and must not unreasonably disrupt the service. Customer bears its audit costs unless the audit identifies a material breach of this DPA.

7. International transfers

Processor will not transfer Customer Personal Data outside the EEA except on Customer’s documented instructions or using a lawful transfer mechanism. Encrypted model traffic may be relayed through the United States when the Customer’s app connects to the US relay; that relay carries encrypted traffic only and holds no database or billing data, and it is operated under the AWS terms and Standard Contractual Clauses listed on the subprocessor page. Where required, Processor will rely on an adequacy decision, the European Commission’s Standard Contractual Clauses, or another legally recognised safeguard and will make relevant transfer information available on request.

8. Processing details

• Subject matter: operating an authenticated encrypted path between Customer-authorised clients and Customer’s local model endpoint, plus related support.
• Duration: the service term and the deletion periods in this DPA and the Privacy Policy.
• Nature and purpose: encrypted transmission, transient buffering, authentication, routing, availability, security, usage accounting, and Customer-requested support.
• Data subjects: Customer personnel, users, contractors, clients, and other people whose personal data Customer submits.
• Data types: encrypted prompts, responses, embeddings, images, and other inputs or outputs; endpoint and key identifiers; connection time, region, route, status, duration, and byte counts; and support data supplied by Customer. The relay passes on encrypted model traffic and cannot read the API route, prompt, or response inside it.
• Sensitive data: Customer must not submit special-category or criminal-offence data unless it has a lawful basis and appropriate safeguards.

9. Precedence and contact

If this DPA conflicts with the Terms on processing Customer Personal Data, this DPA controls. The remainder of the Terms continues to apply. Data-protection notices and requests must be sent to contact@modeluplink.com.