Terms of Service

Overview

This Universal Terms of Service Agreement (this "Agreement" or "UTOS") is entered into by and between Seculogica, and any of its affiliated entities that provide Services hereunder (collectively, "Seculogica"), and you, and is made effective as of the date of your use of any Seculogica-operated website which links to this agreement ("Site") or the date of electronic acceptance, whichever is sooner.

This Agreement sets forth the general terms and conditions of your use of this Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"). If you use our AI services, applications, features, capabilities, or tools through any Site, you agree that our AI Terms of Use govern such use.

The terms "we", "us" or "our" shall refer to Seculogica. The terms "you", "your", "User" or "customer" shall refer to any business customer who accepts this Agreement, has access to your account or uses this Site or the Services. Our Services are not intended for private, personal or household use.

Modification of Agreement

Seculogica may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time. Such changes shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes have been made shall constitute your acceptance of this Agreement as last revised.

If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. Seculogica may occasionally notify you of changes by email. Seculogica also reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees, at any time.

Eligibility & Authority

This Site and the Services are available only to business customers who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are: (i) at least eighteen (18) years of age; (ii) a business customer; (iii) otherwise recognized as being able to form legally binding contracts under applicable law; (iv) not located in a country subject to a U.S. Government embargo; (v) not on any list of individuals prohibited from conducting business with the United States; and (vi) not barred from purchasing or receiving the Services under applicable law.

If a person enters into this Agreement on behalf of a corporate entity, that person represents and warrants that they have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement.

Your Account

To access some features of this Site or use some of the Services, you will have to create an Account. You represent and warrant that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your login, password, and Payment Methods. You must notify Seculogica immediately of any breach of security or unauthorized use of your Account.

General Rules of Conduct

You acknowledge and agree that your use of this Site and the Services will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not use the Site or Services in a manner that:

• Is illegal or harmful, or promotes or encourages illegal or harmful activity
• Promotes, encourages or engages in the exploitation of children or any activity related to CSAM
• Promotes or encourages self-harm or suicide
• Promotes, encourages or engages in terrorism or violence against people, animals, or property
• Promotes, encourages or engages in spam or other unsolicited bulk email, or network hacking or cracking
• Infringes on the intellectual property rights of another User or any other person or entity
• Violates the privacy or publicity rights of another User or any other person or entity
• Interferes with the operation of this Site or the Services
• Contains or installs any viruses, worms, bugs, Trojan horses or other malicious code
• Contains false or deceptive language or unsubstantiated claims regarding Seculogica or its Services

You will not perform any false, abusive or fraudulent activity. You will not re-sell or provide the Services for the purpose of re-sale or redistribution without Seculogica's express prior written consent.

Protection of Your Data

Seculogica may process personally identifiable information ("PII") about you, your customers, and/or any individual using any Services provided to you under this Agreement. To the extent Seculogica processes PII for its purposes in providing the Services, Seculogica acts as the Data Controller and Seculogica's Global Privacy Notice applies to such processing. To the extent Seculogica processes PII on your behalf as part of the Services, Seculogica acts as the Data Processor and the Data Processing Addendum applicable to the Services applies.

User Content

Some features of this Site or the Services may allow Users to view, post, publish, share, store, or manage ideas, opinions, recommendations, or advice, literary, artistic, musical, or other content, or other information about their business or customers (collectively, "User Content").

By posting or publishing User Content to this Site or through the Services, you authorize Seculogica to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, this Agreement, and any Services Agreements. You hereby grant Seculogica a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with this Site and the Services.

You must not post any User Content that violates this Agreement or any applicable laws, rules and regulations ("Prohibited Content"). You shall be solely responsible for any and all of your User Content and the consequences of distributing it.

Availability of Website Services

Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to provide this Site and the Services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including equipment malfunctions, periodic maintenance, repairs or replacements, or causes beyond our reasonable control.

You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Product Credits

In the event you are provided with a Seculogica product credit ("Credit"), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the Purchased Product is deleted, cancelled, transferred or not renewed.

The Credit will expire one year from date of purchase of the Purchased Product if the Credit has not been redeemed or terminated. After the initial subscription period, the Purchased Product will automatically renew at the then-current renewal price until cancelled.

Monitoring & Content Moderation

When using this Site and/or any Service, you will not provide, post, publish, share or otherwise make available any Prohibited Content. Seculogica generally does not pre-screen User Content, however, Seculogica reserves the right to pre-screen your user content and decide whether any item of User Content is appropriate and/or complies with this Agreement.

Seculogica may remove any item of User Content and/or suspend or terminate a User's access to this Site or the Services for posting or publishing any Prohibited Content, or for otherwise violating this Agreement, at any time and without prior notice.

EU Digital Services Act (DSA)

This Section 11 applies to you only if you are located in or doing business in the European Union ("EU") and/or if your use of this Site or Services falls within the scope of the EU Digital Services Act ("DSA"). This Section 11 sets out provisions, processes and disclosures that supplement this Agreement, as required under the DSA.

Rules of conduct. Users are prohibited from providing, publishing or transmitting Prohibited Content on this Site or in their use of the Services, specifically including any User Content that is incompatible with or violates any applicable laws in the EU or any EU country.

Notifying alleged illegal content. You may report to Seculogica the presence of content that you consider to be illegal in the EU through the Notice and Action Mechanism accessible in our Support Center. Seculogica will process these notices and take action based on the information provided.

Restrictions. Seculogica may, at any time and without prior notice, remove any Prohibited Content or suspend or terminate access to a whole Service. For "repeat offenders" — users frequently providing manifestly Prohibited Content — Seculogica may suspend or terminate their access to this Site or the Services.

Content Moderation Decisions. If you disagree with a Content Moderation Decision, you may lodge a complaint with Seculogica within six months from the date on which you are informed of the decision. You may also engage with any out-of-court dispute settlement body certified by the relevant EU authority, or initiate judicial proceedings before a competent court at any stage.

UK Online Safety Act (OSA)

This Section 12 applies to you only if you are located in or doing business in the United Kingdom ("UK") and/or if your use of this Site or Services falls within the scope of the UK Online Safety Act 2023 ("OSA"). The OSA prohibits the uploading, sharing, or making available of illegal or harmful content online in the UK.

Rules of conduct. UK Users are prohibited from using, providing, publishing or transmitting Prohibited Content on this Site or in their use of the Services, specifically including any User Content that is incompatible with or violates the OSA.

Restrictions. Seculogica may at any time, and without any liability or right to provide compensation, and in some cases without prior notice, remove any Prohibited Content or suspend or terminate a Service, where required under the OSA or any regulatory orders, or where a User is otherwise in breach of this Agreement.

Rights. Under the OSA, UK Users may have the right to bring a claim for breach of contract if regulated user-generated content is taken down in breach of this Agreement, or if a UK User is suspended or banned from using the Services in breach of this Agreement.

OSA Point of Contact. If you have any questions about this Section 12 or any OSA-related matters, you can contact us by email at info@seculogica.com.

Discontinued Services

Seculogica reserves the right to cease offering or providing any of the Services or individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice.

Notice and Migration. In the event that any Service has reached or will reach End-of-Life (EOL), we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to another Service before the EOL date. In either case, Seculogica will offer a comparable service for you to migrate to, a prorated in-store credit, or a prorated refund.

No Liability. Seculogica will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services or individual features, functionalities, or aspects of the Services.

Beta Services

From time to time, Seculogica may offer new Services in a pre-release version ("Beta Services"). If you elect to use any Beta Services, you acknowledge and agree that: (i) the Beta Services are pre-release versions and may not work properly; (ii) your use of the Beta Services may expose you to unusual risks of operational failures; (iii) Seculogica reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (iv) commercially released versions of the Beta Services may change substantially; and (v) the Beta Services are provided "as is", "as available", and "with all faults."

You acknowledge and agree that all information regarding your use of the Beta Services is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Seculogica.

Free & Trial Services

Seculogica may, at its sole discretion, offer free, trial, or limited versions of certain products or services (collectively, "Free Experiences"). Seculogica reserves the right to determine eligibility for, duration of, and features available in any Free Experience, and may modify, suspend, or terminate any Free Experience at any time without notice or liability.

Any data, content, configurations, or functionality created or used during a Free Experience may become inaccessible or permanently deleted if the Free Experience ends for any reason. By using the Free Experience, you acknowledge that your use is entirely at your own risk and that Seculogica has no responsibility for any loss experienced from the termination of a Free Experience.

Fees & Payments

You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy. Seculogica reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you, or notice shall be provided to you by email.

Automatic Renewal. To help safeguard against any interruption or loss of Services, all Services are offered on automatic renewal unless otherwise specified. Services shall automatically renew at the end of each service period for a subsequent service period of equal length at Seculogica's then-current rates, which may be higher or lower than the rates for the original service period. You may view or change your automatic renewal settings at any time by logging into your Seculogica account.

Payment Methods. You may pay for Services by using any of the following: valid credit card; electronic payment from your checking account; PayPal; International Payment Option; in-Site Credit balances; or any other method acceptable to Seculogica in its sole and absolute discretion.

Refunds. Where refunds are issued to your Payment Method, Seculogica's issuance of a refund receipt is only confirmation that Seculogica has submitted your refund to the Payment Method charged at the time of the original sale. Seculogica has no control over when the refund will be applied towards your Payment Method's available balance.

Additional Reservation of Rights

Seculogica expressly reserves the right to access this Site, any Account and any data hosted by you through the Services, as well as the right to deny, cancel, terminate, suspend, lock, or modify access to any Account or Services for any reason, including but not limited to: (i) to correct mistakes made by Seculogica; (ii) to protect the integrity and stability of any domain name registry; (iii) to assist with fraud and abuse detection; (iv) to comply with court orders and applicable laws; (v) to comply with requests of law enforcement; (vi) to comply with any dispute resolution process; or (vii) to avoid any civil or criminal liability on the part of Seculogica.

Seculogica Content. Except for User Content, the content on this Site and within the Services — including without limitation text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features, and the trademarks, service marks, and logos ("Seculogica Content") — are owned by or licensed to Seculogica in perpetuity and are subject to copyright, trademark, and/or patent protection. Seculogica Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, modified, or otherwise exploited without the express prior written consent of an authorized Seculogica representative.

No Spam

We do not tolerate the transmission of spam. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles sent to recipients as an advertisement or solicitation without first obtaining prior confirmed written consent from the recipient.

Commercial advertising and/or bulk emails may only be sent to recipients who have "opted-in" to receive such messages. They must include a legitimate return address, the sender's physical address, and an opt-out or unsubscribe method in the footer. If we determine the Account or Services in question are being used in association with spam, we may re-direct, suspend, or cancel your Account or applicable Services.

Trademark & Copyright Claims

Seculogica supports the protection of intellectual property, including by adopting policies in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or a DMCA Takedown Notice or a DMCA Counter Notice for a copyright claim, please refer to Seculogica's Trademark and/or Copyright Infringement Policy.

Links to Third-Party Websites

This Site and the Services may contain links to third-party websites that are not owned or controlled by Seculogica. Seculogica assumes no responsibility for the availability, content, terms and conditions, privacy policies, or practices of any third-party websites. Seculogica does not endorse any products or services, or censor or edit the content of any third-party websites.

By using this Site or the Services you expressly release Seculogica from any and all liability arising from your use of any third-party website. Seculogica encourages you to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

Disclaimer of Representations & Warranties

Seculogica makes no representations or warranties about the accuracy, completeness, or content of this Site, any sites linked to this Site, the Services, or any action or failure to act by Seculogica consistent with the terms of this Agreement.

Auto-generated outputs including text, logos, names, slogans, etc. have not been reviewed for accuracy or intellectual property clearance. Seculogica makes no representation, warranty or guarantee as to the accuracy, or reliability of such outputs, or whether outputs may infringe on third-party intellectual property rights. You should seek independent professional legal advice before you rely on any auto-generated output.

Limitation of Liability

These limitations apply to any claims arising from: (i) the accuracy or content of this Site; (ii) the Services; (iii) personal injury or property damage; (iv) third-party conduct; (v) any unauthorized access to or use of our servers or any stored data; (vi) any interruption or cessation of Services; (vii) any viruses or malicious code transmitted through this Site; or (viii) any auto-generated outputs created using the Services.

Indemnity

You agree to protect, defend, indemnify and hold harmless Seculogica and its officers, directors, employees, agents, and third party service providers from and against any and all third-party and first-party claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Seculogica directly or indirectly arising from:

• Your use of and access to this Site or the Services
• Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein
• Your violation of any third-party right, including without limitation any intellectual property or other proprietary right

The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site, the Account, or the Services.

Compliance with Local Laws

Seculogica makes no representation or warranty that the content available on this Site or the Services are appropriate in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all applicable local, state, federal, and global laws, rules and regulations.

Disputes

Governing Law. This Agreement shall be governed by the laws of the State of Arizona, USA, without regard to its conflict of law provisions, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona.

Arbitration. To the fullest extent permitted by applicable law, you and Seculogica agree that any dispute arising out of or relating to this Agreement or your use of the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Class Action Waiver. You and Seculogica agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Seculogica each waive any right to a jury trial.

Opt-Out Right. You may opt out of the arbitration and class action waiver provision of this Agreement by sending written notice to Seculogica within thirty (30) days of first accepting this Agreement.

Time Limitation. You and Seculogica agree that any cause of action arising out of or related to this Agreement or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Unclaimed Property & Maintenance Charges

If Seculogica is holding funds on your behalf and Seculogica is unable to contact you and has no record of your use of the Services for several years, applicable law may require Seculogica to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Seculogica will try to locate you at the address shown in our records, but if Seculogica is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.

Seculogica also reserves the right to charge a monthly maintenance fee on inactive accounts in accordance with applicable law.

General Provisions

27. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. You may not assign this Agreement without the prior written consent of Seculogica.

28. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, all of which are hereby disclaimed, except for the third-party rights laid out in the Dispute Resolution Section.

29. International Trade Laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations and sanctions programs administered by the U.S. Office of Foreign Assets Control.

30. Titles and Headings. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement of the parties as otherwise set forth herein.

31. English Language Controls. This Agreement was written in the English language and the English language version shall control.

32. Contact Information. If you have any questions about this Agreement, please contact Seculogica at hello@seculogica.com or at the address listed in the Legal Notice.