Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Agentic Incident Responder ("AIR") platform, related services, applications, and website (collectively, the "Services") provided by Neumann Labs, Inc. ("Neumann Labs," "we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to that organization.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.

2. Access and Use of the Services

2.1. Account Registration

To access and use certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

2.2. Usage Requirements

You may use our Services only in compliance with these Terms, applicable law, and any guidelines or policies we may publish. You are responsible for your conduct while using the Services and for any content you submit, upload, or otherwise make available through the Services.

2.3. Usage Restrictions

You agree not to:

• Use the Services in any manner that could damage, disable, overburden, or impair the Services
• Use automated means (such as bots, scripts, or crawlers) to access or use the Services, except as expressly permitted
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
• Use the Services to conduct or promote illegal activities
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Bypass or circumvent measures designed to limit access to restricted parts of the Services
• Remove any proprietary notices, labels, or marks from the Services
• Resell, lease, lend, share, distribute, or otherwise transfer your rights to use the Services

2.4. Service Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet all eligibility requirements.

3. Subscription and Payment Terms

3.1. Subscription Plans

Access to the Services may require a subscription. The features, limitations, and fees for each subscription plan are described on our website or in a separate agreement with you. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

3.2. Payment

You agree to pay all fees associated with your subscription plan. All payments are non-refundable unless otherwise specified or required by law. If you choose to pay by credit card, you authorize us to charge your card for the subscription fees according to the billing cycle specified in your plan.

3.3. Subscription Term and Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You may cancel your subscription at any time through your account settings or by contacting our support team.

3.4. Changes to Fees

We may change our subscription fees at any time. If we increase fees for your subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of the Services after the fee change takes effect constitutes your agreement to pay the modified fee amount.

4. Content and Data

4.1. Your Content

By using the Services, you may submit, upload, or provide various types of content and data, including security incident data, logs, system information, and other materials ("Your Content"). You retain all ownership rights to Your Content. By submitting Your Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and analyze Your Content solely for the purpose of providing and improving the Services.

4.2. Security Incident Data

We understand the sensitive nature of security incident data. We process this data in accordance with our Privacy Policy and solely for the purpose of providing the Services to you, including incident analysis, threat detection, and remediation recommendations.

4.3. Data Security and Confidentiality

We implement industry-standard security measures to protect Your Content. However, no method of transmission or storage is 100% secure. You are responsible for backing up Your Content and for taking appropriate security measures to protect your systems and data.

4.4. Our Content

The Services contain content owned or licensed by Neumann Labs, including software, text, graphics, logos, and audiovisual content ("Our Content"). Our Content is protected by copyright, trademark, patent, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Our Content solely for the purpose of using the Services in accordance with these Terms.

5. Security Investigations and Forensic Analysis

5.1. Service Purpose

The AIR platform is designed to assist with security incident response, investigation, and forensic analysis. While our Services utilize advanced AI technologies to analyze data and provide recommendations, they are intended to supplement, not replace, human judgment and expertise in security operations.

5.2. No Legal Advice or Chain of Custody

The Services do not provide legal advice, nor do they establish or maintain legal chain of custody for digital evidence. If you require legal advice or forensic analysis for legal proceedings, you should consult with qualified legal and forensic professionals.

5.3. Independent Verification

You are responsible for independently verifying any analysis, findings, or recommendations provided by the Services before taking action based on such information. The Services are provided for informational purposes only, and Neumann Labs is not responsible for actions you take based on the information provided by the Services.

6. Data Handling and Security Requirements

6.1. Data Processing

When using the Services, you remain the data controller of Your Content, and Neumann Labs is the data processor. We will process Your Content in accordance with your instructions and as necessary to provide the Services. You are responsible for ensuring that your collection and provision of data to the Services complies with all applicable laws and regulations.

6.2. Data Transfer

You acknowledge that Your Content may be transferred to and processed in countries other than the country where you are located. We will ensure that appropriate safeguards are in place to protect Your Content during such transfers.

6.3. Security Requirements

You agree to:

• Implement appropriate technical and organizational measures to protect your systems and data
• Use strong, unique passwords for your account and update them regularly
• Notify us promptly of any security breach affecting your account or systems
• Ensure that your use of the Services complies with your organization's security policies and any applicable regulations
• Limit access to the Services to authorized individuals within your organization

6.4. Prohibited Data

You agree not to upload or process through the Services any data that:

• Contains cardholder data subject to PCI DSS, unless explicitly permitted by your subscription plan
• Includes sensitive personal data, such as government identification numbers, financial account information, or protected health information, unless explicitly permitted by your subscription plan and covered by appropriate data protection agreements
• Contains information that you are not legally permitted to share or process

7. Disclaimers and Limitations of Liability

7.1. Disclaimer of Warranties

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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICES. ANY RELIANCE YOU PLACE ON THE SERVICES OR CONTENT IS STRICTLY AT YOUR OWN RISK.

7.2. Limitation of Liability

IN NO EVENT SHALL NEUMANN LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO NEUMANN LABS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless Neumann Labs, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

9. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by following the instructions on the Services or by contacting our support team. If you terminate your account, you will remain obligated to pay any outstanding fees for the remainder of your subscription term.

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

10. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services and terminate your account.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Suffolk County, Massachusetts, and you hereby consent to personal jurisdiction and venue therein.

Any dispute arising from or relating to the subject matter of these Terms shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be settled through negotiation, the parties agree to use confidential mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.