Legal

Terms of Service

The terms that govern your access to and use of the Deflected.ai website, our AI security products, and our professional services. Please read them carefully.

1. Agreement to these terms

These Terms of Service (the "Terms") form a binding agreement between you and [[Legal entity name]], doing business as Deflected.ai ("Deflected," "we," "us," or "our"), and govern your access to and use of our website, applications, products, and services (together, the "Services").

By accessing or using the Services — including by browsing this website, creating an account, or entering into an order form or statement of work with us — you agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

If a separate written agreement between you and Deflected (for example, a master services agreement, enterprise agreement, or signed order form) conflicts with these Terms, that separate agreement controls to the extent of the conflict for the Services it covers.

2. Description of the Services

Deflected provides quantum-grade cybersecurity for the AI layer of modern organizations. Our offerings fall into two broad categories:

The specific products, services, features, service levels, and deliverables available to you are described on our website and, where applicable, in the order form, subscription plan, or statement of work ("SOW") you enter into with us. We may improve, modify, add, or discontinue features of the Services from time to time, provided we do not materially reduce the core functionality you are paying for during a paid subscription term.

3. Eligibility and authority

You may use the Services only if you are able to form a legally binding contract with us and are not barred from doing so under any applicable law. The Services are intended for business and organizational use and are not directed to children.

If you are using the Services on behalf of a company, organization, or other legal entity (a "Customer"), you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to both you individually and the Customer, and the Customer is responsible for the acts and omissions of anyone who accesses the Services through its account.

4. Accounts and security

Some parts of the Services require you to register for an account or receive credentials from us. When you do, you agree to:

You are responsible for all activity that occurs under your account or credentials, whether or not you authorized that activity, except to the extent it results from our own failure to meet our obligations. We may suspend or disable credentials that we reasonably believe have been compromised or are being used in violation of these Terms.

5. Acceptable use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not, and must not permit any user or third party to:

We may investigate suspected violations and, where appropriate, suspend or terminate access to protect the Services or other customers.

6. Orders, fees, and subscriptions

Fees for the Services are set out in the applicable order form, subscription plan, or SOW. Unless that document states otherwise:

Except where required by law or expressly stated in your order form, fees paid are non-refundable. We may change our standard pricing on renewal by giving reasonable advance notice; changes do not affect a subscription term already in progress.

7. Intellectual property and customer data

As between the parties, Deflected and its licensors own all right, title, and interest in and to the Services, including the software, models, documentation, user interfaces, and all related intellectual property, as well as any website content. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription or engagement term.

You retain all rights in the data, content, and materials you submit to the Services ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide, secure, support, and improve the Services and as otherwise permitted by your agreement with us and our Privacy Policy. You are responsible for ensuring you have the rights necessary to submit Customer Data to the Services.

If you provide feedback or suggestions about the Services, you agree we may use that feedback without restriction or obligation to you.

8. Third-party services

The Services may interoperate with, link to, or depend on services, software, or content provided by third parties, including cloud infrastructure, model providers, and integrations you choose to connect. We do not control and are not responsible for third-party services, and your use of them is governed by the third party's own terms. We are not liable for any loss or damage arising from your use of, or reliance on, any third-party service.

9. Confidentiality

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential given its nature and the circumstances ("Confidential Information"). Each party agrees to use the other's Confidential Information only to exercise its rights and perform its obligations under these Terms, and to protect it using at least the same care it uses for its own confidential information of a similar nature — and in no event less than reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully received from a third party without a duty of confidentiality. Either party may disclose Confidential Information if required by law, provided it gives reasonable notice where legally permitted.

10. Disclaimers

The Services help you manage and reduce security risk, but no security product or service can guarantee that a system is fully secure or that every threat will be detected or prevented. To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any 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 that they will identify, block, or remediate all vulnerabilities, attacks, or threats. Any warranty we do provide will be stated expressly in your order form or SOW.

11. Limitation of liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, each party's total aggregate liability arising out of or relating to these Terms and the Services will not exceed [[Liability cap basis]]. These limitations apply regardless of the theory of liability and do not limit either party's liability for matters that cannot be limited under applicable law, such as, where applicable, liability for fraud, willful misconduct, or a party's indemnification obligations.

12. Indemnification

You agree to defend, indemnify, and hold harmless Deflected and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Services in violation of these Terms or applicable law, or your breach of these Terms. We will indemnify you against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights, subject to the exclusions and remedies set out in any applicable order form or master agreement. The indemnified party will give prompt notice of the claim and reasonable cooperation, and the indemnifying party will control the defense and settlement, provided no settlement imposing a non-monetary obligation on the indemnified party is made without its consent.

13. Term and termination

These Terms apply for as long as you use the Services. Subscriptions and engagements continue for the term stated in your order form or SOW and renew or expire as described there. Either party may terminate for the other party's material breach that remains uncured for a reasonable period after written notice. We may suspend or terminate access immediately if we reasonably believe your use poses a security risk, violates law, or breaches Section 5 (Acceptable use).

On termination, your license to use the Services ends and you must stop accessing them. We will make Customer Data available for export for a limited period as described in your agreement or our Privacy Policy, after which we may delete it in the ordinary course. Provisions that by their nature should survive — including those on fees accrued, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification — survive termination.

14. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of [[Governing jurisdiction]], without regard to its conflict-of-laws rules. The parties agree to submit to the exclusive jurisdiction and venue of the courts located in [[Venue for disputes]] for the resolution of any dispute, subject to any alternative dispute-resolution process agreed in a signed master agreement. Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between authorized representatives.

15. Changes to these terms

We may update these Terms from time to time to reflect changes in our Services, our business, or the law. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice such as an email or an in-product notification. Changes take effect when posted unless we state otherwise. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Services.

16. Contact

If you have questions about these Terms or the Services, or need to send a legal notice, please contact our legal team at legal@deflected.ai. For general inquiries you can reach us at hello@deflected.ai, and for security matters at security@deflected.ai. We are glad to help clarify how these Terms apply to your organization's use of Deflected.