Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the Terms of Service at www.erp.ai/terms (the “Terms”) between ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA (“ERP•AI”, “we”, “us”) and Customer (as the Terms define it, “Customer” or “you”). It applies automatically, wherever Customer is located, whenever ERP•AI processes Customer Personal Data to provide the Services, including the ERP•AI platform, Proto and build.host. Customer agrees to it by accepting the Terms, and no signature is needed. For a countersigned copy with the same terms, email legal@erp.ai.

The Privacy Policy (www.erp.ai/privacy) explains how ERP•AI handles personal data as a controller. It is not part of this DPA.

Definitions

Capitalized terms not defined here have the meanings in the Terms.

• “Customer Contacts”: the owners and administrators of Customer’s organization account, any security or privacy contact Customer names in writing to legal@erp.ai and, for an account without an organization (such as a build.host account created with an email sign-in code), the account email address.
• “Customer Personal Data”: personal data in Customer Content, or otherwise collected by the Services for Customer, that ERP•AI processes on Customer’s behalf, as Annex I describes.
• “Data Protection Laws”: the laws that apply to processing Customer Personal Data under the Terms, including the GDPR (Regulation (EU) 2016/679), the UK GDPR and the Data Protection Act 2018 as amended by the Data (Use and Access) Act 2025, the Swiss Federal Act on Data Protection of 25 September 2020 (“FADP”) and US State Privacy Laws.
• “Export Window”: the period after the Terms end or Customer’s account is closed (or, for a single Service that ends earlier, after that Service ends) during which Customer may ask to export Customer Content: 30 days under the Terms, or any longer retrieval or transition period under the build.host Terms (www.erp.ai/build-host-terms) or the EU Data Act (Regulation (EU) 2023/2854).
• “Personal Data Breach”: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data processed by ERP•AI or a Subprocessor. Unsuccessful attempts, such as blocked sign-ins, are not included.
• “Restricted Transfer”: a transfer of Customer Personal Data, directly or onward, that the GDPR, UK GDPR or FADP permits only with appropriate safeguards because no adequacy decision (for the UK, regulations under Article 45A UK GDPR) covers that transfer and that recipient. Transfers to ERP•AI in the United States are Restricted Transfers, because ERP•AI does not participate in the EU-US Data Privacy Framework, its UK Extension or the Swiss-US Data Privacy Framework.
• “SCCs”: the standard contractual clauses annexed to Commission Implementing Decision (EU) 2021/914.
• “Subprocessor”: a third party, including an ERP•AI affiliate, that ERP•AI engages to process Customer Personal Data. The “Subprocessors page” is the list at www.erp.ai/subprocessors.
• “UK Addendum”: the International Data Transfer Addendum to the SCCs issued by the UK Information Commissioner, version B1.0, as the UK regulator revises it from time to time.
• “US State Privacy Laws”: the California Consumer Privacy Act, as amended (Cal. Civ. Code 1798.100 et seq., “CCPA”), its regulations (Cal. Code Regs. tit. 11, 7000 et seq., “CCPA Regulations”), and the comprehensive consumer privacy laws of other US states.

Other terms, such as “controller”, “processor”, “service provider”, “sell” and “share”, have their meanings in the Data Protection Laws; “controller” includes a business and “processor” includes a service provider. “Personal data” includes “personal information”, and “data subject” includes “consumer”.

Scope and roles

Roles

Customer is the controller of Customer Personal Data, or a processor acting for its own controller. ERP•AI is Customer’s processor and service provider, or its subprocessor where Customer is a processor. This DPA is the processing contract that Article 28(3) of the GDPR and the UK GDPR requires; terms tied to a particular law apply only where that law applies. If Customer is a processor, it warrants that its controller has authorized its instructions, including the appointment of ERP•AI and its Subprocessors, and it passes all instructions, notices and requests between ERP•AI and that controller.

Data ERP•AI controls

ERP•AI is an independent controller, under the Privacy Policy and outside this DPA, of:

• account, billing, support and website data, including the sign-in data of Authorized Users;
• Usage Data (as the Terms define it), including the identifiers, model, token counts and cost recorded for each request that passes through ERP•AI’s servers;
• identity audit logs, which record account and security events with the actor and IP address and are kept for 366 days;
• the request logs that the platform and build.host keep at their edge, including of visits to Published Apps and Hosted Content (IP address, user agent, referrer, host, address requested, status and time), and the traffic statistics that build.host derives from them for ERP•AI’s operators; and
• abuse reports.

ERP•AI handles this data as the Privacy Policy describes, and uses the edge request logs and traffic statistics only to deliver, secure and bill the Services, plan capacity, prevent fraud and abuse and comply with law. Where any of this data contains Customer Content, such as a Proto session transcript in an error report, feedback or problem report, or Customer Personal Data in a support request, ERP•AI processes that content as Customer’s processor under this DPA.

ERP•AI may create aggregated usage metrics (such as counts, volumes, latency, costs and error rates) that are anonymous under the GDPR, de-identified under the CCPA and identify no Customer or individual, and use them to run, secure and improve the Services. Customer instructs ERP•AI to create them. ERP•AI does not derive them from the content of Customer Content, and this DPA does not let ERP•AI use the content of Customer Personal Data for its own purposes.

Outside this DPA

• Local Data on Customer’s devices. Proto stores files, session history, memory, saved sign-ins, keys and settings on the device (“Local Data”, as the Proto Terms at protoagent.ai/terms define it). ERP•AI has no remote access to Local Data and receives only what Proto sends, as Annex I, Part B lists, including automatic error reports that contain the full session transcript. This DPA covers Local Data once Proto sends it to ERP•AI’s servers or, on ERP•AI’s account, to a Subprocessor.
• Third-Party Services Customer chooses. A Model Provider used with Customer’s own account or key (including Proto’s bring-your-own-key and “Codex with a ChatGPT account” options), an integration connected with Customer’s credentials, and a website or recipient an Agent deals with act under their own terms with Customer and are not Subprocessors. ERP•AI’s own handling of data on the way is covered, such as Proto requests made with Customer’s own OpenRouter or Fireworks key that pass through ERP•AI’s servers.

Instructions and Customer responsibilities

Customer’s instructions

Customer instructs ERP•AI to process Customer Personal Data to: (1) provide the Services under the Terms, any Order Form and this DPA; (2) carry out processing that Authorized Users and Agents start through the Services, including Agent Actions, Published Apps and Hosted Content, as Customer’s settings allow; and (3) follow Customer’s other reasonable written instructions consistent with the Terms. These instructions include the transfers described under “International transfers”.

Customer’s settings are instructions. For example, Proto’s default Uninterrupted mode runs actions without asking first, and Customer can require approval by turning Uninterrupted mode off in Settings > Permissions, as the Proto Terms explain. ERP•AI will immediately inform Customer if, in its opinion, an instruction infringes Data Protection Laws, and may suspend that processing until Customer changes the instruction.

Customer responsibilities

Customer is responsible for: (1) the lawful basis, notices and consents for the Customer Personal Data that it, its Authorized Users or its Agents submit or collect, including about Published App end users and Hosted Content visitors; (2) the lawfulness of its instructions; (3) not submitting, and configuring its Agents and Published Apps not to collect, health information covered by HIPAA (unless ERP•AI has signed a business associate agreement with Customer), payment card numbers (except through ERP•AI’s payment checkout) or government identification numbers, unless an Order Form allows it; (4) deciding whether the measures in Annex II suit any special category, children’s or criminal offence data it submits; (5) the security settings it controls (roles, multi-factor authentication, API keys and Agent permissions) and the devices that run Proto; and (6) data it sends to Third-Party Services.

ERP•AI obligations

Processing on instructions

ERP•AI processes Customer Personal Data only on Customer’s documented instructions, unless Union or Member State law (for UK data, domestic law) to which ERP•AI is subject or, where neither the GDPR nor the UK GDPR applies, other applicable law requires otherwise. ERP•AI then informs Customer of that legal requirement first, unless that law prohibits it on important grounds of public interest.

No model training

ERP•AI does not use Customer Personal Data, or any other Customer Content, to train or fine-tune AI models.

When the platform’s in-app Agent sends Customer Content to models through OpenRouter on ERP•AI’s account, ERP•AI uses OpenRouter’s setting that excludes model hosts that, as OpenRouter classifies them, store request data or use it for training. Other requests ERP•AI routes on its account, including Proto Managed requests and other platform AI features, do not use that setting today, so OpenRouter may send them to hosts that keep request data or use it to improve their models. Requests ERP•AI sends directly to Anthropic, OpenAI or other Model Providers are handled under those providers’ terms with ERP•AI. The Subprocessors page gives the details. Customer’s own terms govern any Model Provider it uses with its own account or key.

Confidentiality

ERP•AI limits access to Customer Personal Data to personnel and contractors who need it for the purposes in Annex I, and ensures that they are bound by written or statutory confidentiality duties.

Security

ERP•AI will implement and maintain the measures in Annex II and any other measures that Article 32 GDPR requires for Customer Personal Data, and will not materially reduce the overall security of Customer Personal Data when it updates them. ERP•AI cooperates with supervisory authorities on request.

Requests from public authorities

If a public authority asks ERP•AI for Customer Personal Data, ERP•AI will try to redirect it to Customer, notify Customer unless the law prohibits it, challenge the request where there are reasonable grounds, and disclose only the minimum required.

If ERP•AI cannot comply

ERP•AI will notify Customer if it can no longer meet its obligations under this DPA or Data Protection Laws. Customer may then, on notice, take reasonable steps to stop and remediate unauthorized processing, including ending the affected Services. If Customer ends the affected Services for this reason or under Clause 16 of the SCCs, ERP•AI will give the refund described under “Subprocessors”.

US state law terms

California

ERP•AI is Customer’s service provider (Cal. Civ. Code 1798.140(ag)), and this part contains the terms that Cal. Civ. Code 1798.100(d) and CCPA Regulations 7051 require. Customer discloses Customer Personal Data to ERP•AI only for the limited and specified business purposes listed under “Purposes” in Annex I, Part B. ERP•AI will not: (1) sell or share it; (2) retain, use or disclose it for any purpose, including any commercial purpose, other than those business purposes, except as the CCPA permits a service provider; (3) retain, use or disclose it outside the direct business relationship between ERP•AI and Customer; or (4) combine it with personal information ERP•AI receives from or for anyone else, or collects from its own interactions with the consumer, except as the CCPA Regulations permit.

ERP•AI will comply with the CCPA and give Customer Personal Data the level of privacy protection the CCPA requires of businesses. Customer may take reasonable and appropriate steps to ensure that ERP•AI uses Customer Personal Data consistently with Customer’s CCPA obligations, including the documentation and audits under “Audits and reviews”, and may, on notice, take reasonable and appropriate steps to stop and remediate unauthorized use. ERP•AI will help with consumer requests as “Assistance” describes. As CCPA Regulations 7050(h) requires, ERP•AI will cooperate with Customer’s cybersecurity audits and risk assessments, including by making available to Customer’s auditor all relevant information the auditor requests, and to Customer all facts necessary for a risk assessment, that are in ERP•AI’s possession, custody or control, and will not misrepresent any relevant fact. ERP•AI will also give reasonable help with Customer’s automated decision-making technology obligations.

ERP•AI publicly commits, by this DPA, to maintain and use de-identified data only in de-identified form, takes reasonable measures to keep it de-identified, does not attempt to re-identify it and contractually binds any recipient to the same. ERP•AI binds its Subprocessors by written contract to the restrictions in this part, and certifies that it understands those restrictions and will comply with them.

Other US states

Under other US State Privacy Laws, ERP•AI is Customer’s processor, and this DPA and Annex I set out the required instructions, nature and purpose of processing, data types, duration, and rights and obligations. ERP•AI will process only on instructions, bind each person processing the data to confidentiality, use Subprocessors only under written contracts with equivalent terms after notice and a chance to object, delete or return the data at the end of the Services, allow reasonable assessments, and help with consumer requests, security, breach notices and data protection assessments, each as this DPA describes.

Subprocessors

General authorization. Customer authorizes ERP•AI to engage Subprocessors and approves those listed on the Subprocessors page.

Obligations. Before a Subprocessor processes Customer Personal Data, ERP•AI binds it by written contract to data protection obligations no less protective than this DPA, as suited to its service, including to use Customer Personal Data only to provide its service to ERP•AI. The model hosts that OpenRouter engages are bound by OpenRouter’s terms with them, and “No model training” describes how they may handle requests. ERP•AI remains fully liable to Customer for each Subprocessor’s performance of its data protection obligations. On request, ERP•AI will provide the data protection terms of a Subprocessor agreement, with confidential information redacted.

Notice. At least 30 days before a new Subprocessor starts processing Customer Personal Data, or before a listed Subprocessor starts processing it in a new country, for a new purpose or Service or in new categories of Customer Personal Data, ERP•AI will update the Subprocessors page and email the Customer Contacts and anyone who has subscribed to updates as the Subprocessors page explains. Customer must keep its Customer Contacts current.

Urgent replacement. If a Subprocessor must be replaced urgently because it has failed, stopped its service or poses a security risk, ERP•AI will give notice as soon as it can, before the replacement starts where possible and in any case within 10 business days after it starts, and the objection right below runs from that notice. Where Clause 9(a) of the SCCs applies, ERP•AI will give that notice before the replacement starts processing that Customer’s data.

Objection. Customer may object on reasonable data protection grounds by emailing legal@erp.ai within 30 days of the notice, and the parties will seek a solution in good faith. While a timely objection is being resolved, ERP•AI will not use the new Subprocessor for Customer’s data where that is technically feasible; where it is not, Customer may end the affected Services before the Subprocessor starts processing its data. If no solution is found within 30 days after ERP•AI receives the objection, Customer may end the affected Services, or close its account, by notice to legal@erp.ai. Without a timely objection, the Subprocessor is treated as approved.

Refund. When Customer ends Services or closes its account under this part, under “If ERP•AI cannot comply” or after objecting to a change to this DPA, ERP•AI will refund the unused Purchased Credits held for the ended Services (all unused Purchased Credits if Customer closes its account), any prepaid build.host Pro fees and any prepaid Order Form fees for the period after the end date. This refund applies despite the refund limits in the Terms.

International transfers

Where data is processed

ERP•AI runs its production servers in Hetzner data centers in the United States, in Ashburn, Virginia and Hillsboro, Oregon. Some data is stored or processed elsewhere, as Annex I describes:

• record exports and generated HTML files are stored with Amazon Web Services in Singapore, and some files from the earlier version of the platform may remain in AWS storage there;
• Cloudflare carries traffic on its global network and stores files, snapshots and database backups in R2 in locations Cloudflare chooses, because ERP•AI has set no location restriction;
• Model Providers, including the hosts that OpenRouter reaches and the host of ERP-1 Fast, process requests where they run their models, which may be outside the United States, and some hosts that ERP•AI’s routing prefers, including Z.AI and Moonshot AI, are headquartered outside the United States; and
• ERP•AI personnel and affiliates who support and operate the Services may access Customer Personal Data from outside the United States.

The Subprocessors page gives each Subprocessor’s location as far as ERP•AI knows it. Any data residency commitment must be in an Order Form.

EU transfers

For Restricted Transfers subject to the GDPR, the SCCs are incorporated into this DPA as follows:

1. Module 2 (controller to processor) applies where Customer is a controller, and Module 3 (processor to processor) where Customer is a processor. Customer is the data exporter and ERP•AI the data importer.
2. Clause 7 (docking clause) applies.
3. Clause 9(a): Option 2 (general written authorization) applies, with the 30-day advance notice period, and the notice for urgent replacements, described under “Subprocessors”.
4. Clause 11(a): the optional independent dispute resolution language does not apply.
5. Clause 13: the competent supervisory authority is set out in Annex I, Part C.
6. Clause 17: Option 1 applies, with the law of Ireland.
7. Clause 18(b): the courts of Ireland.
8. Annexes I, II and III of this DPA are Annexes I, II and III of the SCCs.

So far as this does not conflict with the SCCs, audits under Clause 8.9 follow “Audits and reviews”, deletion is certified under Clauses 8.5 and 16(d), and copies of Subprocessor agreements provided under Clause 9 may be redacted as “Subprocessors” allows. By accepting the Terms, each party is treated as having signed the SCCs, with their Annexes, on the date this DPA first applied to Customer.

UK transfers

For Restricted Transfers subject to the UK GDPR, the SCCs apply as amended by the UK Addendum, which is incorporated. Its Part 1 tables are completed as follows: Table 1, the parties in Annex I, Part A, starting on the date this DPA first applied to Customer; Table 2, the modules and options under “EU transfers”; Table 3, Annexes I to III; and Table 4, the Importer may end the UK Addendum when the approved Addendum changes, as its Mandatory Clauses allow. Its Part 2 Mandatory Clauses apply.

Swiss transfers

For Restricted Transfers subject to the FADP, the SCCs apply as described under “EU transfers”, except that: (1) references to the GDPR are read as references to the FADP (as well as to the GDPR where the transfer is also subject to it), and references to the EU and Member States include Switzerland; (2) the Swiss Federal Data Protection and Information Commissioner is the competent supervisory authority, in parallel with the EU authority where the GDPR also applies; and (3) the term “Member State” in Clause 18 does not prevent data subjects in Switzerland from suing where they habitually reside.

Onward transfers and changes in law

ERP•AI is not certified under the EU-US Data Privacy Framework, its UK Extension or the Swiss-US Data Privacy Framework, and transfers to ERP•AI do not rely on them. ERP•AI makes onward transfers of Customer Personal Data only as Clause 8.7 of the SCCs (and, for other transfers, the Data Protection Laws) allows: under the SCCs or terms that contain their obligations, the UK Addendum, an adequacy decision that covers the recipient (including a Subprocessor’s own Data Privacy Framework certification, where it holds one) or another recognized mechanism. ERP•AI will provide information Customer reasonably needs for transfer impact assessments. If a mechanism is invalidated, or the European Commission adopts clauses for importers whose processing is itself subject to the GDPR, ERP•AI may adopt a replacement mechanism with the notice that “Changes” under “General” requires, and the parties will cooperate to keep transfers lawful, including under other countries’ laws.

Transfer clauses of other countries

Where Customer must use another country’s approved transfer clauses for a transfer to ERP•AI (for example, the ANPD standard contractual clauses under Brazil’s LGPD), ERP•AI will sign them on request to legal@erp.ai, completed with the details in Annex I.

Personal Data Breaches

ERP•AI will notify Customer of a Personal Data Breach without undue delay, and no later than 72 hours, after becoming aware of it, or sooner where a law that applies to ERP•AI requires (for example, Cal. Civ. Code 1798.82(b) requires notice immediately following discovery). ERP•AI becomes aware when it has a reasonable degree of certainty that a security incident has compromised Customer Personal Data, and it will not delay notice to finish its investigation. The notice goes to the Customer Contacts.

As far as then known, the notice will describe the nature of the breach (including the categories and approximate numbers of data subjects and records concerned), its likely consequences, the measures taken or proposed and a contact point, with more detail in phases as it becomes available. ERP•AI will take reasonable steps to contain and remediate the breach and give Customer the information it needs to notify authorities and data subjects. Customer decides whether to notify them, unless the law requires ERP•AI to. A notice is not an admission of fault. Customer should report suspected incidents to legal@erp.ai.

Assistance

Data subject requests. Customer can find, correct, export and delete much Customer Personal Data itself, for example by editing or deleting records, deleting build.host projects and managing Proto data on its devices. Removing an Authorized User from an organization ends their access but does not delete their user account. Where Customer cannot act itself, for example for Proto request logs and reports held by ERP•AI, generated record exports or the deletion of a user account (which is not self-service today), ERP•AI will help on request to legal@erp.ai (or care@erp.ai for account support). If a data subject sends ERP•AI a request about Customer Personal Data, ERP•AI will forward it to Customer without undue delay if it can identify Customer, and otherwise will tell the person to contact the business that uses the Services. ERP•AI will not answer the request itself unless Customer authorizes it or the law requires it.

Assessments. ERP•AI will give Customer information reasonably available to it, including Annexes I and II and the Subprocessors page, for data protection impact assessments, US state risk assessments and prior consultations with supervisory authorities. Customer assesses its own use of AI and Agents.

Cost. Reasonable assistance is free, and ERP•AI will not charge for deleting accounts or data that Customer cannot delete itself. Where the law allows, ERP•AI may charge reasonable costs, estimated in advance, for extensive help beyond the self-service features, unless the help is needed because ERP•AI breached this DPA.

Audits and reviews

Documentation first. On written request, once in any 12 months (and more often after a Personal Data Breach, where there are indications of non-compliance or where a supervisory authority requires it), ERP•AI will give Customer the information reasonably needed to demonstrate compliance with this DPA: the current Annex II, answers to a reasonable security questionnaire and any third-party audit report or certification ERP•AI then holds. ERP•AI does not represent that it holds any.

Inspections. If that information does not reasonably meet Customer’s legal obligations, or in the cases just listed, Customer may audit ERP•AI’s processing of Customer Personal Data, including by inspection on site, on these conditions:

1. at least 30 days’ written notice, with scope, timing and duration agreed in advance;
2. during business hours, without unreasonable disruption, by Customer or an independent auditor that is not an ERP•AI competitor and is bound by confidentiality;
3. no access to other customers’ data or to information that would compromise security or privilege;
4. at Customer’s cost, including ERP•AI’s reasonable costs of supporting the audit, unless the audit follows a Personal Data Breach or finds that ERP•AI materially failed to comply with this DPA, in which case each party bears its own costs; and
5. no more than once in 12 months, unless a supervisory authority requires more, there are indications of non-compliance or a Personal Data Breach has occurred.

For Subprocessors’ data centers, ERP•AI will share the audit reports it can obtain. Customer will keep audit findings confidential and share them with ERP•AI. This part governs audits under Clause 8.9 of the SCCs, the CCPA Regulations and other US State Privacy Laws, without limiting a supervisory authority’s powers, and its frequency limits do not limit the cooperation that CCPA Regulations 7050(h) requires.

Return and deletion

During the Services. Customer can delete much Customer Personal Data with the Services’ features at any time, for example records (moved to Trash, then permanently deleted after 30 days) and build.host projects. ERP•AI deletes on request, as “Assistance” describes, the data Customer cannot delete itself, such as Proto request logs and reports, generated record exports and user accounts.

Export. During the Export Window, Customer can export records and app snapshots with the Services’ export tools. On request to care@erp.ai, ERP•AI will also provide, in a common machine-readable format, other Customer Personal Data it holds in the Services, such as build.host uploads, project settings and logs. There is no single export of a whole account or organization today, so ERP•AI prepares these exports on request.

Deletion. Within 30 days after the Export Window ends, ERP•AI will delete Customer Personal Data from its live systems and instruct its Subprocessors to delete it. Copies that a Subprocessor or model host keeps under its own terms, such as abuse-monitoring logs, are handled under those terms. Copies in backups stay protected by this DPA until the backups that hold them are deleted. On request, ERP•AI will confirm deletion in writing.

ERP•AI may keep data that the law requires it to keep or that is under a legal hold, protected by this DPA until deleted. Proto data on Customer’s devices stays under Customer’s control.

Liability

Each party’s liability arising out of or relating to this DPA is subject to the exclusions and limitations of liability in the Terms (or an Order Form) to the extent the law allows, and counts toward the same overall cap. Those exclusions and limitations do not apply to liability under Clause 12 of the SCCs (including as applied by the UK Addendum or for Swiss transfers), to a party’s liability to data subjects under Data Protection Laws, or to any liability that cannot be limited under applicable law.

General

Term. This DPA applies for as long as ERP•AI processes Customer Personal Data, including after the Terms end.

Order of precedence. For Customer Personal Data, this order applies in place of the order of precedence in the Terms, the Proto Terms and the build.host Terms: (1) the SCCs, as amended by the UK Addendum or adapted for Switzerland, where they apply; (2) a term of an Order Form or other signed agreement that expressly states that it amends this DPA; (3) this DPA; (4) the Proto Terms, the build.host Terms and any program terms, for those services and programs; (5) the Terms; and (6) ERP•AI’s other policies.

Changes. ERP•AI may update this DPA, but no update will materially reduce the protection of Customer Personal Data or change the text of the SCCs or the UK Addendum, except to adopt a replacement transfer mechanism, or a new version of those clauses issued by the European Commission or the UK regulator, as “Onward transfers and changes in law” allows. ERP•AI gives at least 30 days’ notice of material changes by email to the Customer Contacts or in the product, unless the law requires a change sooner. If Customer objects to a material change, it may, by notice to legal@erp.ai before the change takes effect, end the affected Services or close its account and receive the refund described under “Subprocessors”. Earlier versions are available on request to legal@erp.ai.

Law, disputes and notices. The Terms’ governing law and dispute terms apply, except that the SCCs and the UK Addendum are governed, and disputes under them resolved, as “International transfers” sets out, and data subjects keep their rights under them. Notices to ERP•AI go to legal@erp.ai, with a copy to ERP•AI US Inc., Attn: Legal, 2 Embarcadero Center, San Francisco, CA 94111, USA. ERP•AI sends notices to the Customer Contacts by email or in the product.

Other terms. Customer’s affiliates that use Customer’s account benefit from this DPA through Customer. If the Terms are assigned to a successor to ERP•AI’s business, this DPA binds that successor. Apart from data subjects’ rights under the SCCs, this DPA creates no third-party rights. An invalid provision is replaced by the closest valid term.

Annex I: Description of processing and transfer

A. List of parties

Data exporter. Customer, with the legal name and address it gives in its account or billing details, an Order Form or a notice to legal@erp.ai; if it gives none, as identified by its organization account name and its owner’s email address (or, for an account without an organization, the account email). Customer may send its legal name and address to legal@erp.ai to complete this entry. Contact: the Customer Contacts. Activities: use of the Services. Role: controller (Module 2) or processor (Module 3). Signature and date: by accepting the Terms, which incorporate this DPA, on the date this DPA first applied to Customer.

Data importer. ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA. Contact: legal@erp.ai. Activities: providing the Services. Role: processor (Module 2) or subprocessor (Module 3). Signature and date: as for the data exporter.

B. Description of processing and transfer

Data subjects. As Customer decides, typically Authorized Users; Customer’s employees, contractors, customers, prospects, suppliers and partners; Published App end users; Hosted Content visitors; and people named in files, emails, messages and web pages that Customer or its Agents submit or access.

Personal data. As Customer decides, typically names, contact details and identifiers; job details; business records such as CRM, sales, invoicing, payroll and HR records; communications; files; prompts, Agent conversations, screenshots and Outputs; voice audio and transcripts (Proto voice input); Published App sign-in data; Hosted Content code, configuration and environment variables; commit author and pusher names and email addresses in GitHub push events (build.host, used to trigger deploys); and personal data that Published Apps and Hosted Content collect from their visitors, including visitor data in logs that Customer’s hosted apps produce.

Sensitive data. Customer decides whether to submit special category or criminal offence data; the Services do not require it. ERP•AI applies to any such data the measures in Annex II, items 3 to 6, and makes no commitment to encrypt it at rest. Additional safeguards must be agreed in an Order Form. Health information covered by HIPAA, payment card numbers and government identification numbers may be submitted only as “Customer responsibilities” allows.

Frequency. Continuous.

Nature of the processing. Hosting, storage, backup, retrieval, computation, AI inference, search, transmission, display, publication at Customer’s direction, support and deletion. By Service:

• ERP•AI platform (apps.erp.ai). Stores and runs Customer’s apps, records, files, workflows and Agents. AI features send prompts and the Customer Content they need to Model Providers, mostly through OpenRouter and for some features directly to Anthropic or OpenAI. The platform signs in Published App end users and sends the emails Customer configures. Record exports (CSV, XLSX and PDF) and generated HTML files are stored in an Amazon Web Services bucket in Singapore and delivered through Amazon CloudFront. Files, snapshots and database backups are stored in Cloudflare R2. Some customer portals run on ERP•AI’s hosting server in Hillsboro, Oregon.
• Proto. ERP•AI processes only what Proto sends to ERP•AI’s servers or, on ERP•AI’s account, to its Subprocessors:
  • Proto Managed model requests, which ERP•AI relays to Model Providers;
  • requests made with Customer’s own OpenRouter or Fireworks key, which pass through ERP•AI’s servers with the key in a request header (requests made with other providers’ keys, and main model requests in Codex mode, go directly to the provider);
  • a log of each relayed request: the request body in full up to 16 KiB (a summary above that), the response up to 64 KiB, and user, organization, app, session and model identifiers, token counts and cost;
  • web search queries, which run through ERP•AI and its search provider in every model mode, and the other ERP•AI services that the Proto Terms describe as used in every connection mode, such as decision, planning and workflow-writing requests, image requests and schema and page build services;
  • automatic error reports, sent without a prompt when certain Agent errors occur, which contain the full session transcript (messages, session log, thread details and local workspace path, with image data removed). They are sent at once in Proto Managed, with an OpenRouter or Fireworks key and in Codex mode, and otherwise wait on the device until Proto connects to ERP•AI’s servers. There is no setting to turn them off today;
  • error events with a short, credential-redacted error description (up to 600 characters), session ID, model, app version, platform and install ID, sent in every mode;
  • feedback, including the session log sent with a thumbs-down rating, and “Report a problem” bundles, which include logs, settings and, unless the user clears that option, the chat;
  • reads and changes Proto makes to Customer’s ERP•AI platform data; and
  • voice input, where used, which the device either streams directly to a speech Subprocessor using a short-lived token from ERP•AI or sends through ERP•AI’s servers for transcription.
• build.host. Stores and serves Hosted Content from a Hetzner server in the United States, including uploaded source code with its history, builds, containers, environment variables and build and runtime logs, and reads GitHub repositories Customer connects. Customer sees its build and runtime logs. build.host adds an ERP•AI attribution script to the HTML pages it serves. The script sets no cookies or browser storage and sends no identifiers, events or page content. Visitors’ browsers request it and the badge state from the site’s address (and, for sites uploaded from Proto, from build.host through Cloudflare). Those requests appear in the edge request logs that ERP•AI controls (see “Data ERP•AI controls”), from which build.host derives hourly traffic statistics with shortened, salted IP hashes for ERP•AI’s operators and keeps them for 90 days. build.host scans direct uploads before deploy, and can scan deployed sites and the processes running in hosted containers, for phishing, wallet-draining and crypto-mining patterns.

Purposes (business purposes). ERP•AI processes Customer Personal Data only to: (1) host, store and back up Customer Content; (2) provide the features Customer, its Authorized Users and Agents use, including AI features, Agent Actions, Published Apps, exports and search; (3) relay requests to Model Providers and other services Customer’s use requires; (4) host Hosted Content and give Customer its build and runtime logs; (5) sign in Published App end users; (6) send communications Customer configures; (7) provide support and fix errors affecting Customer’s use, including through error and problem reports; (8) secure the Services and prevent fraud, abuse and illegal content; (9) measure usage for billing; and (10) comply with law.

Duration. The term of the Services, then the Export Window and the deletion period under “Return and deletion”. Customer Content stays in the Services until Customer deletes it, and some data is deleted sooner: records in Trash after 30 days and build.host backups after about 7 days. Proto request logs, automatic error reports, feedback and problem reports, build.host build and runtime logs and record exports in the Singapore bucket have no fixed deletion period today. Their retention is determined by the purpose each serves (such as diagnosing an error, answering a support or billing question or letting Customer download an export) and by Customer’s deletion requests under “Assistance”, and at the latest they are deleted as “Return and deletion” describes.

Transfers to Subprocessors. As above, limited to each Subprocessor’s service as the Subprocessors page lists it.

Locations. The United States (ERP•AI’s servers in Hetzner data centers in Ashburn, Virginia and Hillsboro, Oregon); Singapore (record exports and generated HTML files, and possibly files from the earlier version of the platform); Cloudflare’s global network (traffic, and R2 storage of files, snapshots and database backups in locations Cloudflare chooses); the places where Model Providers run their models, which may be outside the United States; any country from which ERP•AI personnel or affiliates access Customer Personal Data to support and operate the Services; and, for other Subprocessors, the locations on the Subprocessors page.

C. Competent supervisory authority

• Customer established in the EU: the supervisory authority responsible for Customer’s GDPR compliance for the transfer.
• Customer outside the EU but within Article 3(2) GDPR, with an Article 27(1) representative: the supervisory authority of the Member State where the representative is established.
• Customer outside the EU, within Article 3(2) GDPR, without a representative under Article 27(2): the supervisory authority of the Member State where most of the data subjects concerned are located, unless Customer names another of those authorities in writing.
• UK: the UK data protection regulator, the ICO. Switzerland: the Federal Data Protection and Information Commissioner.

Annex II: Technical and organizational security measures

These measures describe the Services as of the date above, and Customer controls some of them (item 10). ERP•AI does not represent that it holds a third-party security certification such as a SOC 2 report or ISO/IEC 27001 certification. Certifications, encryption options and data residency for an enterprise deployment are set in its Order Form.

1. Hosting. Production servers run in US data centers operated by Hetzner, which provides their physical security. Most public platform and website endpoints are served through Cloudflare’s reverse proxy; ERP•AI’s Proto servers (api.proto.erpai.studio) and sites hosted on *.build.host and custom domains are reached directly at ERP•AI’s servers. Platform databases run on a separate server reached over a private network.
2. Encryption in transit. Public endpoints support HTTPS (TLS), with Cloudflare origin certificates between Cloudflare and the platform’s servers and Let’s Encrypt certificates for build.host sites. This DPA makes no commitment about encryption of internal traffic or of data at rest.
3. Access control. Sign-in supports verified email and password, one-time email codes, passkeys, TOTP two-factor authentication, Google sign-in and enterprise single sign-on; sessions last 30 days. A separate permission service manages roles, and integrations, service accounts and Agents get their own credentials. Each request is resolved to a caller and organization, and the service that owns the data decides what the caller may do. Removing a member revokes their sessions, desktop sign-ins and API keys. APIs are rate limited. Files uploaded to the platform are served from hard-to-guess URLs on storage.apps.erp.ai that do not require sign-in. Anyone who has a file’s URL can open it.
4. Staff access. Staff access to administrative tools is restricted: the staff admin console sits behind Cloudflare Access, staff credit grants record the staff member, and build.host’s operator console is limited to listed operators, cannot read environment variables and logs each action.
5. Logging. Identity audit logs of account and security events, with actor and IP address, are kept for 366 days, and Customers can review audit events, workflow runs and version history. Access logs go to ERP•AI’s own log analytics service, and build.host monitors its server’s health.
6. Isolation and abuse controls. Platform records are logically separated by organization (files are protected as item 3 describes), and build.host projects are separated by owner. build.host runs each app in its own container with CPU, memory and process limits, lets only approved accounts run server-side code, scans direct uploads before deploy, has automated checks that can stop sites matching phishing, wallet-draining or crypto-mining patterns, and protects sign-in with Cloudflare Turnstile and rate limits.
7. Releases and credentials. Platform releases pass through a release controller that records rollouts and requires approval, subject to a limited auto-approval list. build.host scans commits for secrets and runs tests, secret scans and container vulnerability scans on pull requests; its production deploys run on each push to its main branch and do not wait for these checks. Proto installers are code-signed; Proto app updates are signature-checked and install only after a user action, while built-in skill updates download automatically. build.host stores API keys as SHA-256 hashes; during device pairing a new key is held in plain form for at most 10 minutes until the device collects it. Proto keeps saved website credentials in a vault encrypted with the operating system’s keychain.
8. AI and Agent controls. Platform Agent requests to OpenRouter use its setting that denies data collection by model hosts. Proto lets Customer require approval before file changes, shell commands, messages, browser actions and record changes by turning off Uninterrupted mode (approvals are off by default); scheduled routines and tasks started from messaging apps may still run without asking. Proto blocks certain destructive shell commands, requires a person to type an app’s name before wiping it (and refuses the wipe in Uninterrupted mode), and keeps ERP•AI deletion and sensitive access actions off until enabled in Settings > Security. Proto runs a redaction step designed to remove credentials from error events and problem reports, removes image data from automatic error reports and keeps crash dumps on the device. This DPA makes no commitment that automatic error reports are free of credentials, so users should not paste secrets into Proto chats.
9. Backups, incidents and vendors. Platform databases are backed up to Cloudflare R2, and build.host backups are kept for about 7 days. ERP•AI investigates suspected breaches, notifies Customers as “Personal Data Breaches” describes, takes vulnerability reports at legal@erp.ai and binds Subprocessors as “Subprocessors” describes.
10. Customer-side measures. Customer manages its users, roles, multi-factor authentication, API keys, Agent credentials and approvals, and the security of devices running Proto. Proto stores session history in plain files, and keeps model provider keys, settings and any Codex CLI sign-in it copies at launch in plain-text files that Proto tries to limit to the user’s operating-system account; the OpenRouter key is also kept in the app’s local storage. Proto does not encrypt any of these.

Annex III: Subprocessors

Customer has authorized the Subprocessors listed on the Subprocessors page (www.erp.ai/subprocessors), with the purpose, data and location that the page gives for each, under a general written authorization (SCCs Clause 9(a), Option 2). The page also describes the model hosts that OpenRouter engages to serve ERP•AI’s requests and the Third-Party Services that are not Subprocessors.