Terms of Use

1. General

1.1. The term “including” is not intended to be exclusive and means “including without limitation”.

1.2. The Platform and Services are operated and owned by the Company. ‘We’, ‘us’, or ‘our’ means the Company, and ‘you’ or “Design Partner” shall mean, respectively: the participant in the Design Partner Program who is (a) the entity that has been granted access to the Early Access Services and on whose behalf the User is using the Platform and Service (“Customer”); (b) an individual User that has been granted access to the Early Access Services; and/or any person or entity accessing the Platform and/or using the Platform or the Services under authorization or on behalf of Customer by unique credentials assigned by the Company (“Users”). Except where these Terms of Use explicitly refer to Customer or User, the provisions of these Terms of Use should be regarded as applicable to both.

1.3. By participating in the Design Partner Program and using the Services, you (a) accept these Terms of Use and agree that you are legally bound by their terms on your behalf and on behalf of your Users as of the date you accept these terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; (ii) if you are a corporation, governmental organization, or other legal entity, you have the right, power, and authority to enter into these Terms of Use on behalf of the corporation, governmental organization, or other legal entity and bind them to these terms; (iii) you will not access the Platform or Services through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Platform or Services for any illegal or unauthorized purpose; (v) your use of the Platform and Services will not violate any applicable law or regulation; and (vi) you acknowledge and agree that the Early Access Services are in a beta or pre-release state and may not function as intended or expected.

1.4. Design Partner Program Participation. You agree to: (a) Use the Early Access Services in good faith for testing, evaluation, and feedback purposes; (b) Provide timely, candid, and constructive feedback regarding functionality, usability, performance, bugs, errors, and potential improvements; (c) Participate in reasonable feedback sessions, surveys, or communications as requested by the Company from time to time; (d) Use the Early Access Services in a manner consistent with their intended purpose as communicated by the Company; and (e) Not use the Early Access Services for production purposes or in any mission-critical capacity without the Company’s express written consent.

1.5. The information provided when using the Platform and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.

2. Access Right

2.1. Company hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sub-licensable right to access and use (and if you are a Customer — to enable Users to access and use) the Early Access Services, for internal testing, evaluation, and feedback purposes only, all under the condition of complying with all obligations under these Terms of Use (the “Access Right”). This Access Right is provided at no cost during your participation in the Design Partner Program. Except as explicitly mentioned herein, no other rights, implied or otherwise, are granted. The Company may revoke, suspend, or modify your Access Right at any time, with or without cause, with or without notice, and without liability to you.

3. Accounts

3.1. You hereby agree to the provision of the Services via the Platform and to provide Company with all necessary information and data required for the provision of the Platform and Services.

3.2. The Platform can be accessed through any computer by first completing the registration process via the Service website and by using the username and password provided to you upon registering for the Services.

3.3. During the registration process, you will be provided with access credentials to the Early Access Services as part of the Design Partner Program. No fees will be charged during your participation in the Design Partner Program. Access to the Early Access Services is provided on a complimentary basis for testing and evaluation purposes. The Company reserves the right to implement pricing and subscription packages upon general availability of the Services, at which time separate commercial terms will apply if you wish to continue using the Services.

3.4. Once an Account is created, you will be able to access the Early Access Services for testing and evaluation purposes. You acknowledge that certain features may be incomplete, unavailable, or subject to change without notice.

3.5. Each Account is designated for use by one individual User. You may not use or share anyone else’s account or permit anyone else to use or share your Account.

3.6. You hereby agree to provide accurate, current, and complete information about you as part of the registration process, and to maintain and promptly update any such information.

3.7. You are solely responsible for maintaining the security of your Account and safeguarding your password(s). The login credentials of each User’s specific Account shall be kept in strict confidence.

3.8. You hereby agree to notify the Company immediately of any unauthorized access or use of a User’s Account or any other breach of security. The Company will not be liable for any loss or damage resulting from someone else using a User’s password or Account.

4. Content

4.1. You are fully responsible for all information, data, code, or content that you publish, upload, or make available to the Platform and Services (the “Content”). The Company does not claim ownership over the Content and shall not be responsible for the Content in any manner.

4.2. By publishing or uploading Content to the Platform, you represent and warrant that: (a) The Content does not infringe any third party rights; (b) You have obtained all necessary rights and permissions; (c) The Content does not contain malware; (d) The Content is not false or misleading; (e) The Content does not violate privacy rights; (f) The Content does not otherwise violate these Terms of Use or applicable law.

4.3. Company may retain Content as required to provide the Early Access Services. The use of Content by Company is in accordance with its privacy policy available at www.dantesecurity.ai.

4.4. By submitting Content to the Platform, you grant Company a worldwide, royalty-free, non-exclusive license (i) to use, reproduce, modify, adapt, and publish that Content for providing the Services and for testing, analyzing, and improving the Early Access Services; (ii) to create aggregations and summaries (“Analytical Data”); and (iii) to distribute such Analytical Data publicly in an anonymous manner that cannot identify you or your Content.

4.5. Company may monitor your use of the Early Access Services and collect usage data, performance metrics, error logs, and Analytical Data to ensure compliance and to analyze, test, improve, and develop the Early Access Services.

4.6. You acknowledge that the Early Access Services are in beta and data loss, corruption, or unavailability may occur. You are strongly advised to maintain your own backups of all Content.

5. Restrictions

5.1. You shall not: (a) distribute or make the Platform available over a network where it could be used by multiple devices at the same time; (b) use the Platform otherwise than in compliance with these Terms of Use and all applicable laws; (c) rent, lease, lend, sell, redistribute, or sublicense the Platform or Services; (d) copy, decompile, reverse engineer, disassemble, or create derivative works of the Platform; (e) use the Platform in a way that is harmful, fraudulent, or objectionable; (f) disable, overburden, or impair the Platform; (g) interfere with security-related features; (h) provide false information; (i) attempt to obtain other Users’ credentials; (j) use the Platform to build a competitive product; (k) use the Platform in a manner that violates any third party rights.

5.2. Additional Design Partner Restrictions. You agree not to: (a) use the Early Access Services for production or mission-critical purposes without express written consent; (b) disclose information about the Early Access Services to any third party without prior written consent; (c) benchmark or conduct competitive analysis; or (d) make public statements regarding your participation without prior written approval.

5.3. Any attempt to do any of the above-mentioned unauthorized uses is a violation of the rights of the Company. You are solely responsible and liable for any breach of this Section 5.

6. Third Party Services

6.1. The Platform and Services may integrate with third party products, features, content, and applications (“Third Party Services”). You acknowledge that such Third Party Services are not under the control of the Company, and Company is not responsible for any Third Party Service.

7. Service Availability, Modifications, and Data Backup and Loss

7.1. Company reserves the right to change, modify, suspend, discontinue, or remove any features of the Early Access Services at any time without notice. The Company makes no commitments regarding service availability, uptime, performance, or support response times during the Design Partner Program.

7.2. Given the beta nature of the Early Access Services, you should expect interruptions, downtime, bugs, errors, and performance issues. Company reserves the right to modify the Early Access Services at any time without notice.

8. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND EARLY ACCESS SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND EARLY ACCESS SERVICES ARE IN BETA OR PRE-RELEASE STATE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, INCOMPLETE FUNCTIONALITY, INACCURACIES, OR PERFORMANCE ISSUES. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO SERVICE LEVEL COMMITMENTS APPLY TO THE EARLY ACCESS SERVICES. YOUR USE OF THE EARLY ACCESS SERVICES IS ENTIRELY AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE DESIGN PARTNER PROGRAM, YOUR USE OR INABILITY TO USE THE EARLY ACCESS SERVICES, OR ANY CONTENT. IN NO EVENT SHALL THE TOTAL AGGREGATED LIABILITY OF THE COMPANY EXCEED $100 (ONE HUNDRED US DOLLARS). GIVEN THAT THE EARLY ACCESS SERVICES ARE PROVIDED AT NO COST DURING THE DESIGN PARTNER PROGRAM, YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS REASONABLE.

10. Intellectual Property

10.1. All intellectual property rights in and to the Platform and the Services are and shall remain the sole and exclusive property of the Company.

10.2. You are not granted any Intellectual Property Rights in or to the Platform or Services, other than as explicitly set forth in these Terms of Use.

10.4. You agree that Company has the right to use your trademark, name and logo on the Company’s website, solely for the purpose of identifying you as our customer.

10.5. Any suggestions, enhancements, recommendations or other feedback (“Feedback”) will be owned by Company, including all Intellectual Property Rights therein, and will become Company’s Confidential Information.

11. Confidentiality

11.1. Each party agrees that its technical or business information that is designated in writing as confidential shall be the confidential property of the disclosing party (“Confidential Information”). The Early Access Services themselves, and all information regarding their features, functionality, performance, availability, limitations, and your participation in the Design Partner Program, constitute the Company’s Confidential Information.

11.3. Each party will not use the other party’s Confidential Information, except as permitted by these Terms of Use. Each party shall use a reasonable degree of care to safeguard the other party’s Confidential Information.

11.5. The confidentiality obligations shall survive the termination or expiration of your participation in the Design Partner Program.

12. Termination

12.1. These Terms of Use shall commence upon your acceptance and first access to the Early Access Services as part of the Design Partner Program.

12.2. You may terminate your participation at any time by providing written notice to your designated Account Manager.

12.3. Company may terminate, suspend, or limit your participation at any time, for any reason or no reason, with or without cause, with or without prior notice, and without liability to you.

12.4. Upon termination: (i) the Access Right shall immediately expire; (ii) you will lose all access to the Content, provided that for 30 days you may request your Content; (iii) confidentiality obligations survive; (iv) you will return or destroy all Company Confidential Information.

13. Indemnity

13.1. You agree to defend, indemnify, and hold the Company and its directors, officers, employees, agents, partners, licensors harmless from any and all damages, liabilities, costs, and expenses related to your use of the Early Access Services, your violation of these Terms, any violation of third party rights or applicable law.

14. Independent Contractors

Each of the parties hereto is an independent contractor, and is not an employee, agent or partner of the other.

15. Publicity

Company may identify you as a design partner on its website and in other marketing materials. Company may use your name, logo, and trademarks for such purposes. Publishing of any detailed case study shall be subject to your prior written approval, which shall not be unreasonably withheld.

16. Governing Law and Jurisdiction

16.1. These Terms of Use shall be governed by and construed exclusively in accordance with the laws of the state of Delaware, United States, without regard to its conflict of laws principles. You hereby irrevocably consent to submit to the exclusive jurisdiction of the competent courts in Delaware, United States.

16.2. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

17. Miscellaneous

17.1. Entire Agreement: These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Services.

17.2. Notices: All notices to the Company shall be sent to support@dantesecurity.ai.

17.3. Assignment: You may not assign these Terms of Use without the prior written consent of the Company.

17.4. Force Majeure: Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control.

17.5. Severability: If any part is held unenforceable, all other provisions remain in full force and effect.

17.6. Waiver: The failure by a party to enforce any part of these Terms will not constitute a waiver of future enforcement.

17.7. No Third Party Beneficiaries: These Terms of Use do not create any obligation of the Company to any third parties.

17.8. Changes to these Terms of Use: The Company may change these Terms of Use from time to time. Your continued use of the Early Access Services after any such changes constitutes your acceptance of the modified Terms of Use.