Terms of Service

Agreement

Thank you for using AkinSec. These Terms of Service (“Terms”) govern access to and use of the websites, cloud platform, software, APIs, documentation, and related services offered by AkinSec, LLC (“AkinSec,” “we,” “us,” or “our”) (collectively, the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms.

If you use the Services under a master services agreement, order form, or other written contract with AkinSec (“MSA”), the MSA controls to the extent it conflicts with these Terms.

Our Privacy Policy describes how we collect and use personal information. It is incorporated by reference; read it alongside these Terms.

If you accept on behalf of a company or other entity, you represent that you have authority to bind that entity. The entity is the “Customer” for most commercial purposes. “Authorized Users” means individuals Customer (or AkinSec, if Customer is an individual) permits to access the Services under Customer’s account.

Who we are

AkinSec provides cloud security operations capabilities, including a managed security stack, analyst workspace, integrations, and optional AI-assisted features. Information about AkinSec is available on our website.

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher, to use the Services. By using the Services, you represent that you meet this requirement, have not been previously suspended or removed where prohibited, and will comply with applicable law.

Accounts and access

You must provide accurate, complete registration information and keep it current. Customer is responsible for all activity under its account and for its Authorized Users’ compliance with these Terms. Credentials may not be shared with or transferred to anyone outside Customer’s permitted roster. Notify us promptly at [GENERAL_CONTACT_EMAIL] if you believe access is compromised.

If you register using an email domain owned by an organization, that organization may become Customer or assert administrative control consistent with your enterprise policies and any notice we provide.

Alpha stage services

The Services are currently offered in alpha stage. Unless you have transitioned to generally available offerings under a separate written agreement, the Services and any offerings or portions labeled as pilot, beta, limited release, non-production, early access, evaluation, or similar are “Alpha Services” for purposes of these Terms. Alpha Services are intended for evaluation and discretionary limited production use, may be subject to additional terms presented in-product, and are provided as-is and as available without warranty, support obligation, maintenance commitment, or storage guarantee, except where mandatory law forbids those disclaimers. We may modify, discontinue, or limit Alpha Services at any time and may never make them generally available.

AKINSEC SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ALPHA SERVICES—USE AT YOUR OWN RISK.

Access, license, and restrictions

Subject to these Terms, AkinSec grants Customer and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the subscription or trial period. The Services (including software, UI, documentation, and hosted environments) are proprietary and not open source. Except where applicable law forbids the restriction, Customer will not, and will not permit others to:

• Copy, modify, distribute, publicly display, publicly perform, sell, rent, lease, sublicense, or otherwise make available the Services or any portion thereof, including any materials we provide for redistribution (except as integral to your authorized use).
• Reverse engineer, decompile, disassemble, decode, or attempt to derive source code, underlying ideas, algorithms, or non-public APIs of the Services (except to the minimum extent expressly permitted by statute).
• Use the Services to build or train a competing product or service, conduct model extraction, or systematically scrape, harvest, or extract data except through documented APIs or with our prior written consent.
• Probe, scan, penetrate, or stress the Services; interfere with or disrupt integrity or performance; or circumvent security, rate limits, or access controls.
• Use the Services in violation of law, to infringe third-party rights, or to transmit unlawful or harmful content.
• Submit highly regulated data types for which the Services are not designed or agreed in writing—such as cardholder data governed by PCI-DSS, PHI governed by HIPAA, or categories requiring specialized regimes—unless we explicitly agree in an order or compliance schedule.

If Customer learns of unauthorized use, it will notify us and cooperate reasonably to stop it.

AI features and bring-your-own keys

Certain features may send prompts or context to third-party AI providers when Customer configures those integrations (“BYOK” or similar). Those providers are independent; their terms and privacy policies apply. AkinSec does not control third-party model output and is not responsible for their availability, pricing, or practices.

Outputs may be incorrect, incomplete, or unsafe. Customer must evaluate outputs before relying on them. The Services and outputs are not a substitute for professional advice, audits, certifications, or guaranteed detection coverage.

Customer content; model training; usage data

Customer may submit configurations, logs, alerts, documents, prompts, and other materials (“Customer Content”) to the Services. Customer represents it has rights and permissions needed for us to host and process Customer Content to provide the Services.

AkinSec will not use Customer Content to train, fine-tune, or improve generalized AI models, nor permit any third party to do so, unless Customer has explicitly agreed in writing or in-product (for example, a clearly labeled opt-in). Operational uses—such as providing, securing, debugging, and improving the Services for Customer—remain permitted as described in our Privacy Policy.

As between the parties, Customer retains its rights in Customer Content. AkinSec retains all rights in the Services, SaaS offering, and our templates and tooling. Feedback you voluntarily provide may be used without restriction or compensation.

“Usage Data” means technical logs and analytics about how Customer uses the Services (for example feature interaction and performance telemetry) excluding Customer Content except as needed for security or aggregated statistics. We may process Usage Data to operate, secure, and improve the Services and may share it in aggregated or de-identified form that does not identify Customer.

Intellectual property

AkinSec and licensors own the Services and all associated intellectual property. No rights are granted except as expressly stated. All trademarks and branding are owned by AkinSec or licensors; no license to use marks except as reasonably necessary to identify Customer’s ordinary use of the Services.

Fees and payment (Clerk)

Certain Services require payment. Fees are described at checkout, in an order, or in-product. Unless stated otherwise, fees are in U.S. dollars and non-refundable except where required by law. Customer is responsible for applicable taxes. We may change prices with reasonable advance notice through the Services, email, or similar means; continued use after the effective date may constitute acceptance.

Payment processing. We use Clerk, Inc. and its affiliates (“Clerk”) as a payment and billing platform. Payment functionality is subject to Clerk’s terms and privacy policy, including the Clerk Terms of Use and Clerk Privacy Policy. Clerk states that its products and services (including free trials) may also be governed by separate Clerk agreements. By paying through Clerk, Customer agrees to Clerk’s applicable agreements as they may be updated. AkinSec is not responsible for Clerk’s systems beyond facilitating payment through Clerk.

Subscriptions. Paid plans may renew automatically for successive periods unless canceled at least twenty-four (24) hours before renewal (adjust if your billing UI differs). Failure to pay may result in suspension or termination and deletion of account data as permitted below.

Changes to these Terms

We may update these Terms. For changes that materially and adversely affect Customer, we will provide at least thirty (30) days’ advance notice by email to the account owner or prominent in-product notice before the effective date. Other updates may take effect when posted if we provide reasonable notice. If Customer disagrees with a material adverse change, it must stop using the Services before the effective date. Continued use after the effective date constitutes acceptance. Mandatory local consumer laws may override parts of this section where applicable.

Changes to the Services

We may modify, suspend, or discontinue features or the Services in whole or part at any time. We will try to give reasonable advance notice when we fully cease offering a paid Service except where notice is impractical (for example abuse, security incidents, or legal demands). Customer should retain copies of Customer Content it needs; AkinSec is not liable for modification, suspension, or discontinuance except as expressly stated in these Terms or required by law.

Termination

Customer may stop using the Services at any time. We may suspend or terminate access, delete accounts, or discontinue the Services with or without notice. Although we strive to provide reasonable advance notice when we stop offering a Service, urgent situations (including preventing abuse, addressing security issues, or complying with law) may make advance notice infeasible. We are not liable for any suspension, discontinuation, or loss of access.

If Customer maintains a subscription and we terminate without cause (not due to breach), we will refund prepaid fees for the unused portion of the current subscription period on a pro-rata basis where required by these Terms or law. If we terminate for breach of these Terms, no refund is owed and outstanding fees remain due.

We may terminate inactive accounts that have been unused for over one year and have no paid subscription, with advance notice when practical. Upon termination we may delete Customer Content and related data; retained copies may exist in backups for a limited period consistent with our Privacy Policy.

If Customer believes termination was in error, contact [GENERAL_CONTACT_EMAIL]. The following sections survive termination: Use Restrictions; Customer Content (rights/limitations); IP; Fees (amounts accrued); Alpha Services disclaimer; Disclaimers; Limitation of Liability; Indemnity; Dispute Resolution; and General provisions intended to survive.

Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKINSEC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE CASES DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKINSEC AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. AKINSEC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES CUSTOMER PAID TO AKINSEC FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations are fundamental to our offering. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted.

Indemnity

Customer will defend, indemnify, and hold harmless AkinSec, its affiliates, and personnel from third-party claims, damages, losses, and reasonable attorneys’ fees arising out of or relating to (a) Customer Content or Authorized Users’ use of the Services; (b) Customer’s or Authorized Users’ breach of these Terms or violation of law; or (c) alleged infringement or misappropriation of third-party rights caused by Customer Content or Customer instructions. If Customer is a natural person using the Services solely as an individual (not on behalf of an organization), this indemnity applies to Customer personally to the same extent.

We may assume exclusive defense of any indemnified matter at our expense; Customer will cooperate.

Dispute resolution and arbitration

Please read this section carefully—it affects your rights.

Except for claims eligible for small claims court or requests for injunctive relief to stop unauthorized use or IP infringement, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by [ARBITRATION_ADMINISTRATOR_AND_RULES] (for example, the American Arbitration Association Consumer Arbitration Rules—confirm with counsel). The Federal Arbitration Act governs this section. CLASS ACTIONS AND CLASS ARBITRATIONS ARE WAIVED; each party may bring claims only on an individual basis unless both parties agree otherwise in writing.

Before filing arbitration, the party seeking relief must send a written notice describing the dispute and desired relief to [LEGAL_AND_ARBITRATION_OPT_OUT_EMAIL] and (if required by the chosen rules) to [PRE_ARBITRATION_NOTICE_MAILING_ADDRESS]. The parties will attempt to resolve the dispute for sixty (60) days after receipt before commencing arbitration.

You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by emailing [LEGAL_AND_ARBITRATION_OPT_OUT_EMAIL] from the email associated with your account with your name and a clear statement that you opt out of arbitration.

If any portion of this arbitration section is held unenforceable, the remainder stays in effect to the fullest extent permitted, except that if the class waiver is held invalid for some claims, this entire arbitration section may be void for those claims—consult counsel.

Copyright and IP notices

If you believe material on the Services infringes your copyright or other IP, send a detailed notice to [COPYRIGHT_AGENT_EMAIL] including the information typically required by applicable law (identification of the work, location of the material, contact details, good-faith statement, and accuracy declaration under penalty of perjury where required). We may remove content and terminate repeat infringers where appropriate.

General

Assignment. Customer may not assign these Terms without our prior written consent. We may assign to an affiliate or successor without consent.

Export. Customer must comply with export and sanctions laws. Customer may not use or export the Services into embargoed regions or for prohibited end uses.

Electronic communications. You consent to receive notices electronically; such notices satisfy legal writing requirements where permitted.

Entire agreement. These Terms and the Privacy Policy (and any MSA or order) constitute the entire agreement regarding the Services and supersede prior oral or written understandings on the same subject.

Governing law. These Terms are governed by the laws of [GOVERNING_LAW_US_STATE], excluding conflict-of-law principles that would apply another jurisdiction’s laws. Except as provided in the arbitration section, exclusive jurisdiction and venue for permitted court proceedings lie in [EXCLUSIVE_COURTS_VENUE], unless mandatory law requires otherwise.

Severability and waiver. If a provision is invalid, the remainder remains enforceable. Failure to enforce a provision is not a waiver.

Contact

AkinSec, LLC
[PRINCIPAL_BUSINESS_ADDRESS]
Email: [GENERAL_CONTACT_EMAIL]