LLM EU — Data Processing Agreement (TEMPLATE)

TODO legal entity: this template must be reviewed and completed before it is
presented as an agreement. It is not legal advice and it is not signed.

1. Parties
   Controller: the customer, as identified in the order form.
   Processor: LLM EU, [company name, registered address, register number, VAT id
   — to be completed].

2. Subject matter
   LLM EU processes inference requests on behalf of the controller and records
   usage metadata (model, region, tokens, latency, cost, policy decision).

3. Duration
   For the term of the agreement between the parties.

4. Nature and purpose of processing
   Routing of inference requests, metering, and the production of audit records
   the controller can export.

5. Categories of personal data
   As determined by the controller, to the extent the controller includes
   personal data in prompts.

6. Retention
   Only zero is implemented and is the default: prompt and completion bodies
   are not persisted in the database. Policies may store 24h, 7d or 30d choices;
   these do not enable encrypted body storage. Requests exceeding policy fail
   first with 403 retention_exceeds_policy. Otherwise effective nonzero
   retention, including an inherited policy choice, fails with
   501 retention_not_implemented. Requests may narrow retention to zero.
   Metadata retention and deletion schedules require completion and review;
   export windows below are not deletion schedules.

7. Sub-processors
   See /en/legal/subprocessors or /de/legal/subprocessors. The inventory is
   incomplete: categories only, not confirmed contracted entities. Legal
   identities, locations, data categories and review date remain pending.
   A first-party hosted model does not imply sending prompts to its developer.

8. Technical and organisational measures
   Implemented controls include scrypt-hashed API-key secrets, organization
   scoping, rate limits and residency filtering. Session cookies contain
   id.secret; only a hash of the secret is stored server-side. Cookies are
   HttpOnly, SameSite=Lax and Secure in production. TLS and disk encryption are
   deployment-dependent and not independently verified; HTTP backends are
   permitted. Role authorization within an organization is partial: policy,
   team, settings, credit and key revocation are limited to owner and admin,
   platform_write keys may only be minted from the console by an owner or admin,
   bulk exports require a writing role, and viewer is read-only. Read access to an
   organization's traces, usage and exports remains organization-wide. Keep
   stripe_enabled off: its credit handler accepts user-supplied amounts without
   payment verification, which no role check addresses. No independent
   penetration test has been completed; this template is not evidence of
   certification or security readiness.

9. Data subject requests
   The console account export me.json includes selected account fields,
   organizations, key metadata (not secrets), current policies, the latest 200
   traces per organization and daily usage aggregates for 365 days. This is
   not a complete copy of all personal data. Further access and deletion
   requests require manual handling. Assistance and response period:
   [N days — to be completed and reviewed].

10. Transfers outside the EU/EEA
    Residency filters constrain configured endpoint classes; they do not prove
    actual processing location or immunity from legal disclosure. Seeded
    endpoints are mocks (dev-mock; no weights run). Real inference requires
    configured per-region backends and matching endpoint rows. Partner routing
    is off by default. Verify the actual deployment, recipient chain and any
    transfer safeguards before contracting; no blanket no-transfer assurance.

11. Audit
    The separate console audit.ndjson export defaults to 7 days, permits at
    most 90 days and caps traces at 5000. Check counts.truncated in its manifest:
    reaching the cap marks possible truncation. Policies and endpoint cards
    show current state, not historical state at request time. Traces are
    self-reported operational records, not independent location verification.
    Exports do not establish complete capture of every request.