1. PARTIES

This Terms of Service (“Agreement”) is made between:

• Supplier: AIOpenSec Labs Limited, a company registered in England and Wales (company no. 16159190), with its registered office at 38-44 St Ann's House, 2nd Floor, St. Anns Rd, London, HA1 1LA, United Kingdom. Email: [email protected] (“AIOpenSec”, “We”, “Us”, or “Our”).
• Customer: The individual or entity registering for, and using, the AIOpenSec Platform (“You” or “Customer”), as identified in your registration details.

2. START DATE & TERM

• Start: This Agreement starts when you register and make your first payment (the “Commencement Date”).
• Term: The Agreement continues on a pay-as-you-go basis until terminated in accordance with Section 10.

3. DEFINITIONS

• Platform: The AIOpenSec SaaS solution, including but not limited to:
  • Endpoint Detection and Response (EDR): Automated detection and response to threats on your endpoints.
  • Vulnerability Scanning: Automated checks for security weaknesses.
  • Configuration Reviews: Automated audits of system settings.
  • Support Services: Optional assistance provided by AIOpenSec, subject to additional charges.
• Fees: Charges based on your actual use of the Platform and any Support Services.

4. USING THE PLATFORM

• Your Rights: You receive a non-exclusive, non-transferable, revocable right to use the Platform for your own internal business purposes.
• Operation: AIOpenSec manages open-source tools (e.g., Wazuh, OpenVAS, Nuclei) as part of the Platform; you do not interact directly with these tools.
• Restrictions: You must not:
  • Share your account or access with third parties.
  • Use the Platform to scan, monitor, or test any systems, devices, or networks without proper authorization.
  • Copy, modify, or reverse-engineer the Platform.
  • Use the Platform to develop a competing service.
  • Upload or distribute illegal, malicious, or harmful content.
• Consequences: Unauthorized use (including scanning systems without consent) may result in immediate suspension or termination, and may expose you to legal action.

5. OUR COMMITMENTS

• Uptime: We aim to provide 99.5% availability (GMT) excluding planned maintenance (with at least 1 business day’s notice when possible).
• Open-Source Compliance: We use open-source security tools in accordance with their licenses (see: https://aiopensec.com/licenses).
• Security: We maintain reasonable security practices but cannot guarantee that all cyber risks (e.g., ransomware) will be prevented (see Section 8).

6. YOUR RESPONSIBILITIES

• Security: Keep login credentials confidential and secure.
• Systems: Ensure your systems meet our minimum technical requirements (https://aiopensec.com/specs).
• Compliance: Use the Platform legally in your jurisdiction. You agree to allow AIOpenSec to audit your usage on reasonable notice.

7. FEES & PAYMENT

• Pay-As-You-Go: You are billed only for what you use (e.g., £8 per scan plus applicable VAT). Full pricing: https://aiopensec.com/pricing.
• Support: Optional Support Services are billed at published hourly rates (https://aiopensec.com/rates).
• Invoicing: We invoice monthly; payment is due within 30 days. Late payments may incur 4% interest above the Bank of England base rate.
• Fee Changes: We may update our rates with 30 days’ written notice.

8. SECURITY MONITORING & LIMITATIONS

• Service Scope: The Platform provides detection and monitoring but does not guarantee absolute protection against all threats.
• Your Risk Management: You remain responsible for your own risk controls, including backups, encryption, and access management.

9. LIMITATION OF LIABILITY

• Cap: Our total liability under this Agreement is capped at the total fees paid by you in the previous 12 months.
• No Indirect Losses: We are not liable for indirect or consequential losses (including lost profits, data loss, or business disruption) except for losses caused by our gross negligence or willful misconduct.

10. TERMINATION

• Your Right: You may terminate at any time by notifying us at [email protected]. Your charges stop on termination; you will receive a final invoice for services used to date.
• Our Right: We may suspend or terminate access for non-payment, misuse, or breach of these terms.
• After Termination: You must delete all confidential information and data from the Platform within 7 days.

11. DATA & CONFIDENTIALITY

• Data Protection: Both parties will comply with all applicable data protection laws.
• Confidentiality: Each party will keep the other’s confidential information secret for 3 years after termination.

12. INTELLECTUAL PROPERTY

• AIOpenSec IP: All rights in the Platform and its technology remain with AIOpenSec.
• Customer Data: You retain ownership of all data you input to the Platform.
• IP Claims: If a third party claims the Platform infringes their IP, AIOpenSec will defend you (up to the liability cap) provided you let us control the defense.

13. INDEMNITY

You agree to indemnify AIOpenSec against any third-party claims or losses resulting from your misuse of the Platform.

14. FORCE MAJEURE

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, large-scale cyberattacks) lasting over 45 days; either party may terminate with 30 days’ notice in such cases.

15. GENERAL

• Governing Law: This Agreement is governed by the laws of England and Wales.
• Jurisdiction: Any disputes must be brought in the courts of England and Wales, which have exclusive jurisdiction.
• Notices: Notices are valid when sent by email to the Customer’s registered address and [email protected].
• No Assignment: The Customer may not assign this Agreement without AIOpenSec’s written consent.
• Entire Agreement: This document constitutes the entire agreement; amendments must be in writing and signed by both parties.

16. ACCEPTANCE

By registering for and using the Platform, you accept these terms. No signature is required unless you request a signed copy at [email protected].

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