Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of LOKI Cybersecurity's website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and LOKI Cybersecurity, Inc. ("LOKI," "we," "us," or "our"). These Terms were last updated on December 15, 2023.

Eligibility

You must be at least 18 years old to access or use our Services. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement with LOKI
• Your use of the Services does not violate any applicable law or regulation
• If you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms

Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Not share your account with anyone else
• Notify us immediately of any unauthorized access to or use of your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.

License and Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your internal business purposes. This license is specific to you and may not be sold, assigned, or otherwise transferred.

Restrictions

You may not:

• Use the Services for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission
• Use the Services to store or transmit viruses, worms, or other malicious code
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Remove any proprietary notices from the Services

Service Specific Terms

Deception Technology Deployment

Our deception-based cybersecurity services involve the creation and deployment of decoys, traps, and other deceptive elements within your IT environment. By using these services, you acknowledge and agree that:

• You have the legal right to deploy our deception technology within your environment
• You will inform relevant stakeholders about the presence of deception technology in accordance with your internal policies
• You will not use our technology to entrap or deceive legitimate users of your systems
• You understand that deception technology may generate false positives that require investigation
• You will use the information gathered through our deception technology in accordance with applicable laws and regulations

Monitoring and Alerts

Our Services may include security monitoring and alert features. You acknowledge that:

• Our monitoring is not guaranteed to detect all security threats or breaches
• You remain responsible for your overall security posture and response to security incidents
• Response times for alerts depend on the service tier you have purchased
• You will provide us with timely feedback on alerts to help improve service accuracy

Fees and Payment

Certain Services may require payment of fees. By using such Services, you agree to pay all applicable fees as set forth in the order form or subscription agreement. Unless otherwise specified:

• All fees are quoted in U.S. dollars and are non-refundable
• For subscription services, you will be billed in advance on a recurring basis
• You are responsible for providing complete and accurate billing information
• Late payments may result in suspension or termination of Services
• We may change our fees by providing you with notice at least 30 days before the change takes effect

Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by LOKI or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Intellectual Property

All rights, title, and interest in and to the Services, including all intellectual property rights, remain our exclusive property. Nothing in these Terms transfers any such rights to you.

Your Feedback

Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

Your Data

You retain all rights to your data that you upload, submit, or otherwise make available through the Services. By providing data to us, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such data for the purpose of providing the Services to you.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

LOKI does not warrant that:

• The Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements

While our deception technology and cybersecurity services are designed to help detect and mitigate security threats, we cannot guarantee that our Services will prevent all security breaches or cyber attacks.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOKI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless LOKI, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Any claim that your content caused damage to a third party

Term and Termination

These Terms will remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the updated Terms on this page and updating the "last updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms that cannot be resolved through negotiation will be subject to the exclusive jurisdiction of the courts located in Travis County, Texas.

Contact Information

If you have any questions about these Terms, please contact us at: