Terms of Service

Last Updated: June 15, 2026

TERMS OF SERVICE

THESE TERMS OF SERVICE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE SIMULATION SERVICES. BY ACCESSING OR USING THE SITE OR SERVICE (INCLUDING VIA API OR AUTONOMOUS AGENTS), YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). SECTION 8.2 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

The website located at https://virtmcu.com (the “Site”) and the virtual hardware emulation platform accessible via API or Model Context Protocol (MCP) (the “Service”) are copyrighted works belonging to Refract Systems, Inc. (“Company”, “us”, “our”, and “we”).

1. ACCOUNTS & AUTOMATED USE

Account Creation: In order to use certain features of the Site and Service, you must register for an account and authenticate via Google Sign-In or passwordless email verification. You represent and warrant that all registration information you submit is truthful and accurate.

Autonomous Agent & API Key Security: You are responsible for maintaining the confidentiality of your Account login information and API keys, and you are fully responsible for all activities that occur under your Account. This includes any simulation runs, compute hours, or data transfers initiated autonomously by AI agents, scripts, or integrations configured by you. You agree to immediately notify us of any unauthorized use or security breaches.

2. SERVICES & INTELLECTUAL PROPERTY

Emulation License: Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site and run firmware simulations solely for your own development and testing purposes.

Restrictions: You agree not to: (a) license, sell, rent, or lease the Service; (b) modify, disassemble, reverse compile, or reverse engineer any part of the VirtMCU simulation engine, orchestrator, or QEMU/QOM peripheral plugins; (c) access the Service in order to build a competitive emulator, simulator, or similar tool; (d) bypass rate limiting or security sandboxes.

Your Code & Binaries (Customer Content): You retain all rights, title, and intellectual property in any source code, config files, and compiled firmware binaries (e.g. ELF files) uploaded to the platform. These files are processed transiently in memory to run your simulations and are deleted automatically upon session termination.

Feedback: If you provide us with any feedback, you hereby assign to the Company all rights in such feedback, allowing us to use and exploit it in any manner we deem appropriate.

3. INDEMNIFICATION

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) any firmware compiled or tested on VirtMCU that is deployed to physical devices.

4. DISCLAIMER, NO SILICON WARRANTY & HIGH-RISK BAN

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

No Silicon Parity Guarantee: VirtMCU is a virtual emulation environment. While we strive for high-fidelity cycle-accurate and register-level determinism, we do not warrant that simulation behavior will match physical hardware or silicon in every scenario.

High-Risk Activities Restriction:The Service is not designed or intended for use in connection with any situation where the failure of the simulation or the code tested could lead to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). High Risk Activities include, without limitation, full or partial autonomous vehicle control, aviation or air traffic systems, nuclear facilities operation, medical life-support technology, or emergency response controllers. You agree not to use the Service in connection with any High Risk Activities.

No Physical Damage Liability: UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DAMAGE TO PHYSICAL MICROCONTROLLERS, BOARDS, MACHINERY, CYBER-PHYSICAL SYSTEMS, OR REAL-WORLD EQUIPMENT RESULTING FROM EMULATED CODE TRANSFERRED TO PHYSICAL DEVICES. All firmware must be independently tested and validated on physical hardware test benches before real-world deployment.

5. API USAGE, SECURITY, AND PROHIBITED DATA

Rate Limiting & Keys: To guarantee service availability, we enforce rate limiting (token bucket parameters) on all API endpoints. You agree not to bypass, disable, or spam API endpoints. You are solely responsible for protecting your API keys.

Prohibited Sensitive Data: You agree not to upload, transmit, or submit to the Service any sensitive or prohibited personal information, including: credit/debit card numbers, bank account numbers, social security numbers or national ID identifiers, health data regulated by HIPAA, or special categories of personal data governed by GDPR.

Sandbox Security: You agree not to upload binaries designed to escape the virtual machine/sandbox, execute hypervisor exploits, perform Denial of Service attacks on our infrastructure, or attempt reverse-engineering of the proprietary simulation engine.

6. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50).

7. BILLING & PADDLE

All payment transactions are processed securely via Paddle, our Merchant of Record. By upgrading to a paid tier, you agree to Paddle's checkout terms and conditions. Cancellation policies and 14-day refund eligibility exceptions are governed by our Refund Policy (virtmcu.com/refund).

8. TERM & TERMINATION

These Terms will remain in full force while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any violation of these Terms.

9. GENERAL & DISPUTE RESOLUTION

Arbitration Agreement: You agree that any dispute between you and the Company relating to the Service or these Terms will be resolved by binding arbitration, rather than in court, except that small claims court may be utilized on an individual basis.

Informal Dispute Resolution: Before commencing arbitration, you and the Company agree to engage in an informal video or telephonic meet-and-confer conference in a good faith effort to resolve the dispute. Notice to the Company should be sent via email to legal@virtmcu.com or by mail to the Los Angeles address listed below.

Rules & Forum:The arbitration will be conducted by JAMS in Santa Clara County, California, under JAMS' Streamlined Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.

Waiver of Jury Trial & Class Actions: YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR CONSOLIDATED BASIS.

Export Control: You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company in violation of United States export laws or regulations.

Electronic Communications: Communications between you and the Company will be conducted electronically, and all electronic notices satisfy any legal requirement that such communications be in writing.

Contact & Disclosure Information:
Refract Systems, Inc.
Marcin Szczodrak
Address: 1301 N Broadway STE 98521, Los Angeles, CA 90012
Telephone: (408) 462-2874
Email: legal@virtmcu.com