Data Processing Addendum

1. Definitions

• "Personal Data" means any information relating to an identified or identifiable natural person that Customer places inside an Environment or transmits through the agend platform.
• "Processing" means any operation performed on Personal Data, including storage, retrieval, transmission, and erasure.
• "Environment" means the isolated Firecracker microVM provisioned for Customer under the Terms of Service.
• "Sub-processor" means any third party engaged by agend to process Personal Data on behalf of the Customer.
• "Data Subject" means the identified or identifiable natural person to whom the Personal Data relates.
• "Supervisory Authority" means an independent public authority established by an EU/EEA Member State pursuant to GDPR Article 51.
• "Standard Contractual Clauses" ("SCCs") means the clauses annexed to the European Commission Implementing Decision (EU) 2021/914.

2. Scope and roles

You are the Controller of any Personal Data you place inside your Environment. agend is the Processor acting on your documented instructions. agend does not determine the purposes or means of processing your Environment data — your AI agent, under your direction, controls what data enters and exits the Environment.

This DPA applies only to Personal Data processed within the scope of the agend service. It does not apply to data that agend processes as a Controller in its own right (e.g., your account email, billing information), which is governed by our Privacy Policy.

3. Processing instructions

agend will process Personal Data only in accordance with your documented instructions, which consist of:

• The Terms of Service and this DPA.
• MCP tool calls initiated by your AI agent (each tool call constitutes a documented instruction).
• Any additional written instructions provided by you via email to hello@agend.sh.

If agend believes an instruction infringes applicable data protection law, we will promptly notify you and may suspend processing of that instruction until you provide clarification.

agend will not process Personal Data for any purpose other than providing the service, unless required by applicable law — in which case we will inform you of the legal requirement before processing, unless legally prohibited from doing so.

4. Nature and purpose of processing

The following describes the processing activities performed under this DPA:

5. Confidentiality

agend ensures that all personnel authorized to process Personal Data:

• Are bound by contractual obligations of confidentiality.
• Process Personal Data only on documented instructions from the Controller.
• Have received appropriate training on data protection obligations.

agend does not access, inspect, or read the contents of your Environment. Your Environment is opaque to agend personnel. Access to production infrastructure is restricted to authorized personnel with multi-factor authentication and is logged.

6. Technical and organizational security measures

agend implements the following measures to protect Personal Data processed within Environments:

6.1 Isolation

• Hardware-level isolation: Each Environment runs in its own Firecracker microVM with a dedicated Linux kernel — not a shared-kernel container.
• Network isolation: Separate network namespaces per Environment. No Environment can observe or reach another tenant's traffic.
• System call filtering: Seccomp BPF policies restrict the system calls available within each Environment.
• Resource limits: Cgroup v2 controls enforce CPU, memory, process count, and swap limits per Environment.

6.2 Encryption

• In transit: All data between your agent and the Environment is encrypted via TLS 1.2+ (Cloudflare tunnel transport).
• At rest: Persistent storage volumes use encryption at the block device level.
• Authentication tokens: Cryptographically signed and short-lived.

6.3 Access control

• Production infrastructure access requires multi-factor authentication.
• Principle of least privilege applied to all internal systems.
• No agend personnel have shell access to running customer Environments.

6.4 Monitoring and logging

• MCP tool call metadata (tool name, timestamp, duration) is logged for operational purposes — arguments and output are not logged.
• Infrastructure monitoring for availability and anomaly detection.
• Audit logs for administrative access to production systems.

6.5 Business continuity

• Persistent storage survives Environment sleep/wake cycles and restarts.
• Snapshot-based restore enables sub-second Environment recovery.
• Control plane runs on AWS with multi-AZ redundancy.

7. Sub-processors

You provide general authorization for agend to engage Sub-processors to deliver the service. The current list of Sub-processors is:

agend will notify you at least 30 days before engaging a new Sub-processor by updating this page and sending notice to your account email. If you object to a new Sub-processor, you may terminate the affected service within 30 days of notification with a prorated refund for prepaid fees.

agend imposes data protection obligations on each Sub-processor no less protective than those in this DPA.

8. Data subject rights

agend will assist you in fulfilling your obligations to respond to Data Subject requests (access, rectification, erasure, portability, restriction, objection) by:

• Providing you with full access to your Environment data via MCP tools (shell_exec, shell_file_get, etc.) so you can locate, export, modify, or delete Personal Data.
• Deleting your Environment and all associated data upon your request or account termination, within the timeframes specified in Section 12.
• Promptly forwarding to you any Data Subject request received directly by agend that relates to your processing activities.

agend does not inspect Environment contents, so we cannot independently identify or locate specific Personal Data within your Environment. You are responsible for managing Personal Data within your Environment using the tools provided.

9. Data breach notification

agend will notify you without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting your data. The notification will include:

• A description of the nature of the breach, including the categories and approximate number of Data Subjects and records affected.
• The name and contact details of the point of contact for further information.
• A description of the likely consequences of the breach.
• A description of the measures taken or proposed to address the breach, including mitigation measures.

agend will cooperate with you and take reasonable steps to assist in the investigation, mitigation, and remediation of the breach. agend will document all breaches, including the facts, effects, and remedial actions taken.

10. Data Protection Impact Assessments

agend will provide reasonable assistance to you in conducting Data Protection Impact Assessments (DPIAs) and prior consultations with Supervisory Authorities, to the extent that such assistance is required under Articles 35 and 36 of the GDPR and relates to agend's processing activities.

11. International data transfers

Customer data processed by agend may be transferred to and stored in the United States. For transfers of Personal Data from the European Economic Area (EEA), the United Kingdom, or Switzerland to countries not recognized as providing adequate data protection:

• agend relies on the EU-US Data Privacy Framework where applicable.
• Where the Data Privacy Framework does not apply, the Standard Contractual Clauses (SCCs) — Commission Implementing Decision (EU) 2021/914, Module Two (Controller to Processor) — are hereby incorporated by reference and form part of this DPA.
• agend will conduct Transfer Impact Assessments for data transfers to evaluate whether the laws of the destination country provide adequate protection, and will implement supplementary measures where necessary.

For transfers from the United Kingdom, the International Data Transfer Addendum to the SCCs (issued by the UK Information Commissioner) applies.

Annex I (parties, transfer details) and Annex II (technical and organizational measures) of the SCCs are satisfied by the information in Sections 2, 4, 6, and 7 of this DPA.

12. Data retention and deletion

Upon termination or expiration of the Terms of Service:

• Environment data (files, packages, configurations) is retained for 30 days after cancellation, during which you may export your data using MCP tools or standard methods (git, scp). After 30 days, all Environment data is permanently and irrecoverably deleted.
• First-use activation metadata contains the first successful MCP tool name, timestamp, and CLI version; it never contains tool arguments or output.
• Account records (email, subscription history) are retained for 12 months for legal and accounting purposes, then deleted.

Upon your written request during the retention period, agend will delete your data sooner than the periods stated above, except where retention is required by applicable law.

agend will provide written confirmation of deletion upon request.

13. Audit rights

You have the right to audit agend's compliance with this DPA. agend will:

• Make available all information reasonably necessary to demonstrate compliance with Article 28 GDPR.
• Allow and contribute to audits conducted by you or an independent auditor you appoint, subject to reasonable advance notice (at least 30 days), scope limitations to the processing activities relevant to you, and confidentiality obligations.
• Provide, upon request, summaries of any relevant third-party audit reports, certifications, or security assessments (e.g., SOC 2 reports, penetration test summaries) that demonstrate the effectiveness of security measures.

Audits shall be conducted during normal business hours, no more than once per year (unless a data breach or Supervisory Authority investigation necessitates an additional audit), and shall not unreasonably disrupt agend's operations.

Customer bears the cost of audits unless the audit reveals material non-compliance by agend.

14. Liability

Each party's liability under this DPA is subject to the limitations of liability set out in the Terms of Service. This DPA does not create any independent liability beyond what is stated in the Terms of Service, except as required by applicable data protection law.

15. Term and termination

This DPA takes effect on the date you accept the Terms of Service and remains in effect for as long as agend processes Personal Data on your behalf. The obligations in this DPA survive termination until agend has deleted or returned all Personal Data in accordance with Section 12.

16. Conflict

In the event of a conflict between this DPA and the Terms of Service, this DPA prevails with respect to the processing of Personal Data. In the event of a conflict between this DPA and the Standard Contractual Clauses, the SCCs prevail.

17. Contact

For questions about this DPA or to exercise your rights under it:

hello@agend.sh
Agend LLC
Wyoming, United States