↓ Skip to main content
Defenestra
Defenestra

Terms of Service

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern your use of the services and products provided by Defenestra LLC (“Defenestra,” “we,” “us,” or “our”). By using our services, you agree to these Terms.

1. Services Overview
#

Defenestra provides:

  • Consulting Services: Migration planning, technical support, and consulting
  • Hyperpane: Virtual machine software for running Windows applications on Linux with graphics passthrough
  • Slipgate: Data, app, and settings migration tool for switching to Linux
  • Bulkhead: Antivirus protection for Linux
  • Chassis: Device management for Linux
  • Medbay: System recovery and diagnostics for Linux
  • Multitool: System utilities for Linux

2. Consulting Services
#

2.1 Scope of Work
#

Consulting engagements are governed by individual Statements of Work (SOW) that define specific deliverables, timelines, and fees. These Terms apply in addition to any SOW.

2.2 Client Responsibilities
#

When engaging our consulting services, you agree to:

  • Provide accurate and complete information about your infrastructure
  • Ensure authorized personnel are available for scheduled consultations
  • Maintain current backups of all systems and data before any migration work begins
  • Obtain necessary internal approvals before proceeding with recommended changes

2.3 Pre-Migration Requirements
#

Before any migration work begins, you must:

  • Complete a full backup of all affected systems
  • Verify backup integrity and restoration procedures
  • Document all critical business processes dependent on affected systems
  • Acknowledge in writing that backups have been completed

Defenestra is not liable for data loss when pre-migration backup requirements have not been met.

3. Software Products
#

3.1 License Grant
#

Subject to these Terms, Defenestra grants you a limited, non-exclusive, non-transferable license to use our software products for your personal or internal business purposes.

3.2 Restrictions
#

You may not:

  • Reverse engineer, decompile, or disassemble our software
  • Modify, adapt, or create derivative works
  • Rent, lease, or lend the software to third parties
  • Remove or alter proprietary notices or labels

3.3 Slipgate Specific Terms
#

Slipgate facilitates data transfer between your own systems. You acknowledge that:

  • You are responsible for ensuring you have rights to transfer all data
  • Migration success depends on hardware compatibility and system conditions
  • Some applications or settings may not transfer due to technical limitations
  • You must maintain backups before using Slipgate

3.4 Hyperpane Specific Terms
#

Hyperpane provides virtual machine and graphics passthrough capabilities. You acknowledge that:

  • Performance depends on your specific hardware configuration
  • Not all applications are compatible with virtual machine environments
  • You are responsible for maintaining valid licenses for any software run within Hyperpane

4. Warranties and Disclaimers
#

4.1 Limited Warranty
#

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

4.2 Disclaimer
#

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4.3 Hardware Conditions
#

We do not warrant against failures caused by:

  • Pre-existing hardware defects or failures
  • Hardware that fails during or after migration due to age, wear, or unrelated causes
  • Incompatible or unsupported hardware configurations
  • Power failures, environmental conditions, or other external factors

5. Limitation of Liability
#

5.1 Exclusion of Damages
#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEFENESTRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

5.2 Cap on Liability
#

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DEFENESTRA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

5.3 Data Loss
#

You acknowledge that migration and system changes carry inherent risks. Defenestra’s liability for data loss is limited to re-performing the services at no additional cost, provided you maintained backups as required by Section 2.3.

6. Indemnification
#

You agree to indemnify and hold harmless Defenestra from any claims, damages, or expenses arising from:

  • Your violation of these Terms
  • Your use of our services or software
  • Your violation of any third-party rights
  • Data you transfer using our products

7. Term and Termination
#

7.1 Term
#

These Terms remain in effect while you use our services or software.

7.2 Termination
#

Either party may terminate consulting engagements as specified in the applicable SOW. We may terminate or suspend your access to software products for violation of these Terms.

7.3 Effect of Termination
#

Upon termination, your license to use our software ends. Sections 4, 5, 6, and 8 survive termination.

8. General Provisions
#

8.1 Governing Law
#

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

8.2 Dispute Resolution
#

Any disputes shall be resolved in the state or federal courts located in Anderson County, Texas.

8.3 Entire Agreement
#

These Terms, together with any SOW and our Privacy Policy, constitute the entire agreement between you and Defenestra.

8.4 Amendments
#

We may update these Terms by posting revised terms on our website. Continued use of our services constitutes acceptance of updated Terms.

8.5 Severability
#

If any provision is found unenforceable, the remaining provisions remain in effect.

Contact Us
#

For questions about these Terms:

Defenestra LLC 410 Private Road 8315 Palestine, TX 75803 legal@defenestra.io