Nebius Token Factory

Nebius provides an Article 28 processing agreement; the full text has been reviewed. Sub-processor changes carry 15 days' notice with a reasoned right to object and exit with pro-rata refund; audit documentation is free of charge.

The Standard Contractual Clauses are incorporated and rank above the DPA and the terms of service. Modules 2, 3 and 4 are covered; Module 3 carries our own processor role towards customers.

The contract states only "without undue delay", with no hour count and no mandatory notification content. The notification path itself is worse: Annex 3(A) prescribes telephone and email but gives no telephone number, and names privacy@nebius.com — the provider's own address rather than a customer contact. On the positive side, data subject requests are supported within three days at no cost.

EU region placement is contractually assured only for dedicated endpoints. For the shared endpoints used here the country field is advisory and may change. A query of the provider API on 2026-08-04 returned 18 of 27 models in Finland or France, 7 in us-central1 and 2 in uk-south1 — while Nebius publicly advertises data centres "in Finland and Paris". Kontinent carries only the EU-hosted models in its catalogue.

The sub-processor list is published and complete, but includes inference and infrastructure providers in the United States (RunPod, Eigen AI, BoostRun, Shadeform, Argentum AI), alongside support access from Israel, the US, the UK, Czechia and Serbia. Unlike providers whose non-EU parties handle support only, third parties sit in the processing path itself.

The contracting entity is Nebius B.V., registered in the Netherlands. The ownership chain of the group has not been conclusively assessed in our review, and no official register extract is on file.

Zero data retention is switched on for our account, but it is an account setting rather than a contractual term. The terms of service continue to grant Nebius a broad licence over inputs and outputs, and the setting can be toggled at any time. Nebius also notes that zero data retention may affect the level of service.

Under the terms of service Nebius uses inputs and outputs to train small speculative decoding models and takes a broad licence for that purpose. Foundation models are not trained on customer data according to the provider. An opt-out exists; written confirmation of it has been outstanding since 2026-07-24.

An opt-out from training use is available and was set for our account together with zero data retention. It currently rests on an account setting; the written confirmation requested has not been received.

Nebius holds ISO/IEC 27001:2022 certification; the scope includes Token Factory and has been confirmed.

A SOC 2 Type II report (Deloitte) exists and the corresponding SOC 3 report is publicly available. We deliberately did not request the Type II full text: it is available only under a non-disclosure agreement, and its contents would not be citable in a public index.

Pure inference/hosting provider: the AI Act's Article 53 documentation duty falls on the provider of the GPAI model, not on whoever runs the inference. Nebius Token Factory distributes more than 60 third-party open-weight models and cannot supply their documentation.

Pure inference/hosting provider: the GPAI Code of Practice is open to providers of general-purpose AI models. Nebius operates third-party models and is not eligible to sign, so an absent signature is not a shortcoming.

Terms of service, data processing agreement and sub-processor list are publicly available without registration and have been reviewed in full.

The terms of service expressly disclaim any service level and provide the service "as is". There is neither an availability commitment nor guaranteed capacity; Nebius further reserves the right to suspend or change parts of the service without notice.

Liability is capped at the fees of the preceding twelve months for the causing service, or 500 US dollars, without carve-outs. Through the reference in the data processing agreement this cap also applies to data protection damages, so there is no separate super-cap for GDPR breaches. Against this stands an unlimited one-sided customer indemnity.